[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 16 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                 H. R. 16

    To amend the Federal Water Pollution Control Act to improve and 
                reauthorize the Chesapeake Bay program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

Mr. Gilchrest (for himself, Mr. Van Hollen, Mr. Tom Davis of Virginia, 
Mr. Scott of Virginia, Mrs. Drake, Mr. Hoyer, Mr. Castle, Mr. Moran of 
Virginia, Mr. Platts, Mr. Ruppersberger, Mr. Bartlett of Maryland, Mr. 
  Holden, Mr. Wolf, Mr. Cummings, Mrs. Jo Ann Davis of Virginia, Mr. 
    Wynn, Ms. Norton, Mr. Hinchey, and Mr. Sarbanes) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to improve and 
                reauthorize the Chesapeake Bay program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Bay Restoration 
Enhancement Act of 2007''.

SEC. 2. DEFINITIONS.

    Section 117(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1267(a)) is amended--
            (1) in paragraph (3) by striking ``and its''; and
            (2) by adding at the end the following:
            ``(7) Chesapeake bay watershed.--The term `Chesapeake Bay 
        watershed' means the Chesapeake Bay and the area consisting of 
        36 tributary basins, within the States of Maryland, Virginia, 
        West Virginia, Pennsylvania, Delaware, and New York and the 
        District of Columbia, through which precipitation drains into 
        the Chesapeake Bay.
            ``(8) Local government advisory committee.--The term `Local 
        Government Advisory Committee' means the committee of the same 
        name formed through the 1987 Chesapeake Bay Agreement. The 
        committee may include representative members from all 
        jurisdictions within the Chesapeake Bay watershed.
            ``(9) Tributary strategy.--The term `tributary strategy' 
        means one of 36 strategies in the Chesapeake Bay watershed that 
        is a State approved, river-specific, cleanup plan that provides 
        best management practice implementation actions that, when 
        taken together, will meet the Chesapeake Bay Agreement goal of 
        removing nutrient and sediment impairments from the Chesapeake 
        Bay and its tidal tributaries.
            ``(10) Tributary basin.--The term `tributary basin' means 
        an area of land or body of water that drains into any one of 36 
        Chesapeake Bay tributaries or tributary segments and that is 
        managed through tributary strategies under this Act.''.

SEC. 3. IMPLEMENTATION AND MONITORING GRANTS.

    (a) In General.--Section 117(e)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1267(e)(1)) is amended by striking ``approved 
and committed to implement all or substantially all aspects'' and 
inserting ``signed all or the water quality portion''.
    (b) Reporting.--Section 117(e)(7) of such Act (33 U.S.C. 
1267(e)(7)) is amended to read as follows:
            ``(7) Reporting.--The Administrator shall make available to 
        the public on or before March 31 of each year, a document that 
        lists and describes, in the greatest practicable degree of 
        detail all projects completed or underway, and accomplishments 
        of the previous fiscal year, funded by the Federal Government 
        or by a State government in the Chesapeake Bay watershed that 
        contribute to Chesapeake Bay Agreement goals.''.

SEC. 4. FEDERAL FACILITIES AND BUDGET COORDINATION.

    Section 117(f) of the Federal Water Pollution Control Act (33 
U.S.C. 1267(f)) is amended--
            (1) in paragraph (1) by inserting ``or carries out 
        activities'' after ``Administrator)'';
            (2) in paragraph (2)--
                    (A) by inserting ``or carries out activities'' 
                after ``real property''; and
                    (B) by striking ``and actions taken by the agency 
                with respect to the property,'' and inserting ``actions 
                taken by the agency with respect to the property, and 
                the activities of the agency''; and
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Annual budget plan.--The President, as part of the 
        annual budget of the United States Government, shall submit 
        information regarding each Federal agency involved in 
        Chesapeake Bay restoration, including--
                    ``(A) an interagency crosscut budget that displays 
                the proposed budget for use by each Federal agency in 
                carrying out restoration activities relating to the 
                Chesapeake Bay for the following fiscal year;
                    ``(B) a detailed accounting of all funds received 
                and obligated by Federal agencies to achieve the goals 
                of the Chesapeake Bay Agreement during the preceding 
                fiscal year; and
                    ``(C) a description of the Federal role in the 
                Chesapeake Bay Program and the specific role of each 
                agency involved in Chesapeake Bay restoration.''.

SEC. 5. ACHIEVING AND MAINTAINING NUTRIENT AND SEDIMENT REDUCTION 
              GOALS.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended--
            (1) by striking subsection (i);
            (2) by redesignating subsections (g), (h), and (j) as 
        subsections (i), (j), and (k), respectively; and
            (3) by inserting after subsection (f) the following:
    ``(g) Achieving and Maintaining Nutrient and Sediment Reduction 
Goals.--
            ``(1) Evaluation.--In transmitting State reports under 
        section 305(b)(2), the Administrator shall include a report 
        evaluating activities carried out during the preceding fiscal 
        year (including any practice implemented during the fiscal 
        year), and the overall progress made, in achieving and 
        maintaining nutrient and sediment reduction goals for each 
        tributary basin based on monitoring and modeling data.
            ``(2) Baseline.--The baseline for the report (in this 
        subsection referred to as the `baseline') shall be the 
        tributary load allocation agreement numbered EPA 903-R-03-007, 
        dated December 2003 and entitled `Setting and Allocating the 
        Chesapeake Bay Basin Nutrient and Sediment Loads: The 
        Collaborative Process, Technical Tools and Innovative 
        Approaches'.
            ``(3) Inclusions.--The report shall include, for each 
        tributary basin--
                    ``(A) an identification of the total allocation of 
                nutrients and sediment under the baseline;
                    ``(B) an identification of any reduction or 
                increase in the monitored and modeled quantities of 
                nutrients and sediment during the preceding fiscal 
                year, expressed numerically and as a percentage of the 
                reduction or increase;
                    ``(C) a list (organized from least to most progress 
                made) that ranks the comparative progress made, based 
                on the percentage of the reduction or increase under 
                subparagraph (B), in each tributary basin toward 
                meeting the annual allocation goal of that tributary 
                basin for nutrients and sediment; and
                    ``(D) to the maximum extent practicable, an 
                identification of the principal sources of pollutants 
                in the tributary basins, including airborne sources of 
                pollutants.
            ``(4) Use of data; effects of drought and wet weather 
        conditions.--In preparing the evaluation, the Administrator 
        shall--
                    ``(A) use monitoring and modeled data and 
                information submitted under subsection (h)(1); and
                    ``(B) describe the effects of drought and wet 
                weather conditions on the condition of water quality 
                parameters.
            ``(5) Distribution.--The Administrator shall--
                    ``(A) submit the report to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate; and
                    ``(B) make the report available to the public, 
                including distribution in an electronic format.''.

SEC. 6. ACTIONS BY STATES.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) (as amended by section 5 of this Act) is further amended by 
inserting after subsection (g) the following:
    ``(h) Actions by States.--
            ``(1) Submission of information.--Not later than January 31 
        of each year, each of the States of Delaware, Maryland, New 
        York, Pennsylvania, Virginia, and West Virginia and the 
        District of Columbia shall submit to the Administrator 
        information describing, for each tributary basin located in the 
        State or District of Columbia, for the preceding fiscal year--
                    ``(A) the levels of nutrients and sediment 
                contamination in the basin;
                    ``(B) the principal sources of nutrients and 
                sediment in the basin, by category;
                    ``(C) for each category of pollutant source, the 
                technologies and practices used to achieve reductions, 
                including levels of best management practices 
                implementation and sewage treatment plant upgrades;
                    ``(D) any Federal or State funding used to 
                implement a technology or practice described in 
                subparagraph (C); and
                    ``(E) all projects completed or underway, and 
                accomplishments of the previous fiscal year, funded by 
                the Federal Government, the State, or the District of 
                Columbia in the Chesapeake Bay watershed that 
                contribute to Chesapeake Bay Agreement goals.
            ``(2) Failure to act.--The Administrator may not make a 
        grant to a State under this section if the State fails to 
        submit information in accordance with paragraph (1).''.

SEC. 7. CHESAPEAKE BAY PROGRAM.

    (a) In General.--Section 117(i) of the Federal Water Pollution 
Control Act (as redesignated by section 5(2) of this Act) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``tributary strategies and'' after 
                ``ensure that'';
                    (B) by striking ``and implementation is begun'' and 
                inserting ``, approved, and implemented''; and
                    (C) by inserting ``all or the water quality portion 
                of'' after ``signatories to'';
            (2) in paragraph (1)(A) by striking ``and its''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Local government involvement.--
                    ``(A) Measurable goals.--The Administrator shall 
                request the Local Government Advisory Committee to 
                prepare, in coordination with the Chesapeake Executive 
                Council, and submit to the Administrator, within one 
                year of the date of enactment of the Chesapeake Bay 
                Restoration Enhancement Act of 2007, a report 
                describing measurable goals for local governments to 
                achieve by 2010 toward Chesapeake Bay Agreement 
                nutrient and sediment reduction goals and associated 
                funding needs.
                    ``(B) Consideration of priorities.--In preparing 
                information for the annual budget under subsection (f), 
                the President, in consultation with the States, shall 
                consider priorities for funding needs recommended by 
                the Local Government Advisory Committee.
            ``(3) Implementation assistance program.--
                    ``(A) Establishment.--The Administrator, in 
                cooperation with the Chesapeake Executive Council, 
                shall establish an implementation assistance program to 
                support tributary strategies and other projects toward 
                achievement of Chesapeake Bay Agreement goals.
                    ``(B) Small watershed grants.--
                            ``(i) In general.--In carrying out the 
                        program, the Administrator shall provide 
                        technical assistance and assistance grants 
                        under subsection (d) to local governments and 
                        nonprofit organizations, including academic 
                        institutions, to implement tributary strategies 
                        and other cooperative, locally based protection 
                        and restoration programs or projects within a 
                        tributary basin that complement the tributary 
                        strategy for such basin, including--
                                    ``(I) measures to improve water 
                                quality for the purpose of making 
                                progress toward Chesapeake Bay 
                                Agreement goals; and
                                    ``(II) measures for the creation, 
                                restoration, protection, or enhancement 
                                of habitat associated with the 
                                Chesapeake Bay ecosystem.
                            ``(ii) Priority.--In selecting projects to 
                        receive grants under clause (i), the 
                        Administrator shall give priority to projects 
                        led by or partnered with local governments.
                    ``(C) Capacity building program.--In carrying out 
                the program, the Administrator, in cooperation with the 
                Administrator of the National Oceanic and Atmospheric 
                Administration, shall provide capacity building 
                assistance, including technical and financial 
                assistance, to enhance the technical and environmental 
                planning capabilities of local governments to carry out 
                protection and restoration programs or projects within 
                a tributary basin.
                    ``(D) Targeted watershed grants.--In carrying out 
                the program, the Administrator shall provide technical 
                assistance and assistance grants to implement tributary 
                strategies that accelerate the quantifiable reduction 
                of nonpoint source nutrient and sediment pollution 
                through innovative, sustainable, and cost-effective 
                strategies.
            ``(4) Permit limitations.--Until such time that an 
        applicable total maximum daily load is established under 
        section 303(d), the applicable load allocation in the tributary 
        strategy for any discharge for which a permit is required by 
        section 301 and issued under section 402 in the Chesapeake Bay 
        watershed shall be incorporated into the permit for the 
        discharge so that the applicable load allocation for the 
        discharge is attained and maintained.''.
    (b) Conforming Amendments.--Section 117 of such Act (33 U.S.C. 
1267) is amended--
            (1) in subsection (d)(2)(B)--
                    (A) by striking ``Small watershed grants program'' 
                and inserting ``Implementation assistance program'';
                    (B) by striking ``implementing''; and
                    (C) by striking ``(g)(2)'' and inserting 
                ``(i)(3)''; and
            (2) in subsection (e)(2)(B)(i) by striking ``and its''.

SEC. 8. STUDY OF CHESAPEAKE BAY PROGRAM.

    Section 117(j) of the Federal Water Pollution Control Act (as 
redesignated by section 5(2) of this Act) is amended--
            (1) in paragraph (2)(B) by striking ``and 1995'' and 
        inserting ``1995, and 2005''; and
            (2) in paragraph (2)(C)--
                    (A) by inserting ``tributary strategies and'' 
                before ``management strategies''; and
                    (B) by striking ``on the date of enactment of this 
                section''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Section 117(k) of the Federal Water Pollution Control Act (as 
redesignated by section 5(2) of this Act) is amended to read as 
follows:
    ``(k) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        $30,000,000 for each of fiscal years 2008 through 2012 to carry 
        out this section (other than subsection (i)(3)).
            ``(2) Implementation assistance program.--
                    ``(A) Small watershed grants; capacity building 
                program.--There is authorized to be appropriated 
                $10,000,000 for each of fiscal years 2008 through 2012 
                to carry out subsections (i)(3)(B) and (i)(3)(C). Of 
                such funds--
                            ``(i) 30 percent per fiscal year shall be 
                        used to carry out subsection (i)(3)(B); and
                            ``(ii) 70 percent per fiscal year shall be 
                        used to carry out subsection (i)(3)(C).
                    ``(B) Targeted watershed grants.--There is 
                authorized to be appropriated $10,000,000 for each of 
                fiscal years 2008 through 2012 to carry out subsection 
                (i)(3)(D).
            ``(3) Period of availability.--Funds appropriated to carry 
        out this section shall remain available until expended.''.
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