[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3196 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3196

To amend the Federal Water Pollution Control Act to provide assistance 
   for programs and activities to protect the water quality of Puget 
                     Sound, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2008

  Ms. Cantwell (for herself and Mrs. Murray) introduced the following 
               bill; which was read twice and referred to

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to provide assistance 
   for programs and activities to protect the water quality of Puget 
                     Sound, and for other purposes.

    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 ``Puget Sound Recovery Act of 2008''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Puget Sound, as the Nation's second largest estuary, is 
        a cornerstone of the Pacific Northwest's regional identity and 
        at the heart of the region's prosperity, supporting a thriving 
        natural resource and marine industry.
            (2) The water quality of Puget Sound is in decline, with 
        areas of deadly low oxygen and increasing toxic pollutants. 
        Resident species such as salmon and orcas are endangered.
            (3) The declining health of Puget Sound threatens the 
        economic and environmental vitality of the Pacific Northwest.
            (4) The Governor of the State of Washington has taken steps 
        to combat the decline of Puget Sound at the State government 
        level.
            (5) The Federal Government should now match the efforts of 
        the State of Washington. The Environmental Protection Agency 
        should take the lead at the Federal level to create a 
        comprehensive recovery package for Puget Sound, in coordination 
        with the comprehensive conservation and management plan for 
        Puget Sound, and should establish a Puget Sound office in the 
        State of Washington. Other Federal agencies to be involved 
        should include the United States Fish and Wildlife Service, the 
        National Park Service, the United States Geological Survey, the 
        Forest Service, the Natural Resources Conservation Service, the 
        Corps of Engineers, and the Departments of Commerce, Defense, 
        Homeland Security, and Transportation.
            (6) The Puget Sound recovery plan efforts should be listed 
        in the President's annual budget and should serve as a model of 
        the use of science and efficient coordination between Federal, 
        tribal, State, regional, and local efforts with an emphasis on 
        monitoring, assessment, and reaching demonstrable goals.
            (7) Canada should join in this enhanced effort, given that 
        Puget Sound and the Georgia Straits are the same waterway.

SEC. 3. 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:

``SEC. 123. PUGET SOUND.

    ``(a) Program Office.--
            ``(1) Establishment.--The Administrator shall establish in 
        the Environmental Protection Agency a Puget Sound Program 
        Office (in this section referred to as the `Office').
            ``(2) Appointment of director.--The Office shall be headed 
        by a Director who, by reason of management experience and 
        technical expertise relating to Puget Sound, is highly 
        qualified to direct the development of programs and plans on a 
        variety of issues relating to Puget Sound. The Office shall be 
        located in the State of Washington.
            ``(3) Delegation of authority; staffing.--The Administrator 
        shall delegate to the Director such authority, and provide such 
        additional staff, as may be necessary to carry out the duties 
        of the Director under this section.
    ``(b) Duties of Director.--
            ``(1) In general.--The Director shall assist the management 
        conference convened for Puget Sound under section 320 (in this 
        section referred to as the `Conference') in carrying out its 
        goals.
            ``(2) Specific duties.--In carrying out paragraph (1), the 
        Director shall--
                    ``(A) assist and support the implementation of the 
                comprehensive conservation and management plan 
                developed by the Conference pursuant to section 320 (in 
                this section referred to as the `Comprehensive Plan'), 
                including efforts to establish, within the process for 
                granting watershed general permits, a system for 
                promoting innovative methodologies and technologies 
                that are cost-effective and consistent with the goals 
                of the Comprehensive Plan;
                    ``(B) to the extent practicable, coordinate the 
                major functions of the Federal Government related to 
                the implementation of the Comprehensive Plan, including 
                programs and activities for water quality improvements, 
                wetland and estuary restoration and protection, 
                endangered species recovery, and research and studies 
                commissioned under this Act;
                    ``(C) conduct or commission studies and research 
                considered necessary for strengthened implementation of 
                the Comprehensive Plan, including studies and research 
                described in paragraph (3);
                    ``(D) coordinate and manage environmental data 
                related to Puget Sound;
                    ``(E) coordinate the grant, research, and planning 
                programs authorized under this section;
                    ``(F) coordinate activities for the protection of 
                Puget Sound and the Georgia Straits with Canadian 
                authorities;
                    ``(G) coordinate activities and implementation 
                responsibilities, including activities under species 
                recovery plans, through cooperation with other Federal 
                agencies that have jurisdiction in the Puget Sound 
                watershed;
                    ``(H) collect and make available to the public 
                publications, and other forms of information the 
                Conference determines to be appropriate, relating to 
                the environmental quality of Puget Sound; and
                    ``(I) biennially issue a report to Congress that--
                            ``(i) summarizes the progress made in 
                        implementing the Comprehensive Plan;
                            ``(ii) summarizes any modifications to the 
                        Comprehensive Plan in the 12-month period 
                        immediately preceding such report; and
                            ``(iii) incorporates specific 
                        recommendations concerning the implementation 
                        of the Comprehensive Plan.
            ``(3) Studies and research.--Areas for studies and research 
        under paragraph (2)(C) shall include--
                    ``(A) population growth and the adequacy of 
                wastewater treatment facilities and on-site septic 
                systems;
                    ``(B) the use of physical, chemical, and biological 
                methods for nutrient removal in sewage treatment 
                plants;
                    ``(C) contaminated sediments and dredging 
                activities;
                    ``(D) nonpoint source pollution abatement, 
                including pollution from stormwater discharges, and 
                land use activities in the Puget Sound watershed;
                    ``(E) wetland, riparian, and near shore protection 
                and restoration;
                    ``(F) flood abatement and floodplain restoration 
                techniques;
                    ``(G) the impacts of forest and agricultural 
                practices on the health of Puget Sound;
                    ``(H) atmospheric deposition of pollutants into the 
                Puget Sound watershed;
                    ``(I) water quality requirements to sustain fish, 
                shellfish, and wildlife populations, and the use of 
                indicator species to assess environmental quality;
                    ``(J) State water quality programs, for their 
                adequacy pursuant to implementation of the 
                Comprehensive Plan;
                    ``(K) options for long-term financing of wastewater 
                treatment projects and water pollution control 
                programs;
                    ``(L) water usage and efficiency;
                    ``(M) toxic pollutants; and
                    ``(N) such other areas as the Director considers 
                appropriate.
            ``(4) Implementation methods.--The Director may enter into 
        interagency agreements, make intergovernmental personnel 
        appointments, and utilize other available methods in carrying 
        out the Director's duties under this subsection.
    ``(c) Grants To Implement Comprehensive Plan.--
            ``(1) In general.--The Administrator may make grants to 
        eligible recipients for projects and studies that will help 
        implement the Comprehensive Plan.
            ``(2) Eligible activities.--Projects and studies eligible 
        for assistance under this subsection include planning, 
        research, modeling, construction, monitoring, implementation, 
        citizen involvement and education, and such other activities as 
        the Administrator considers appropriate.
            ``(3) Federal share.--The Federal share of the cost of a 
        project or study receiving grant assistance under this 
        subsection shall not exceed 50 percent of the cost of the 
        project or study.
            ``(4) Eligible recipient defined.--In this subsection, the 
        term `eligible recipient' means a State, interstate, tribal, 
        regional, or local water pollution control agency or other 
        public or nonprofit private agency, institution, or 
        organization.
    ``(d) Grants for Projects To Address Sewage and Stormwater 
Discharges.--
            ``(1) In general.--The Administrator may make grants to 
        eligible recipients for projects to address sewage and 
        stormwater discharges into the Puget Sound watershed.
            ``(2) Eligible projects.--Projects eligible for assistance 
        under this subsection include demonstration and research 
        projects that provide treatment for, or that minimize, sewage 
        or stormwater discharges using one or more approaches, 
        including decentralized or distributed stormwater controls, 
        decentralized wastewater treatment, low-impact development 
        practices, conservation easements, stream buffers, and wetlands 
        restoration.
            ``(3) Award of grants.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Administrator shall award grants under this subsection 
                on a competitive basis.
                    ``(B) Distressed communities.--In awarding grants 
                under this subsection, the Administrator may give 
                priority to a project located in a distressed 
                community.
            ``(4) Federal share.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Federal share of the cost of a project receiving grant 
                assistance under this subsection shall not exceed 75 
                percent of the cost of the project.
                    ``(B) Distressed communities.--The Federal share of 
                the cost of a project receiving grant assistance under 
                this subsection shall not exceed 100 percent of the 
                cost of the project if the project is located in a 
                distressed community.
            ``(5) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Eligible recipient.--The term `eligible 
                recipient' means a State, interstate, tribal, regional, 
                or local water pollution control agency or other public 
                or nonprofit private agency, institution, or 
                organization.
                    ``(B) Distressed community.--The term `distressed 
                community' means a community that meets affordability 
                criteria established by the State in which the 
                community is located, if such criteria are developed 
                after public review and comment.
    ``(e) Annual Budget Plan.--
            ``(1) In general.--The President, as part of the annual 
        budget of the United States Government, shall submit 
        information regarding each Federal agency involved in Puget 
        Sound protection and restoration, including--
                    ``(A) an interagency crosscut budget that displays 
                for each Federal agency--
                            ``(i) amounts obligated in the preceding 
                        fiscal year for protection and restoration 
                        activities relating to Puget Sound;
                            ``(ii) the estimated budget for the current 
                        fiscal year for protection and restoration 
                        activities relating to Puget Sound; and
                            ``(iii) the proposed budget for protection 
                        and restoration activities relating to Puget 
                        Sound; and
                    ``(B) a description of the Federal role in the 
                Puget Sound Program and the specific role of each 
                agency involved in Puget Sound protection and 
                restoration, including specific activities conducted or 
                planned to achieve the goals of the Comprehensive Plan.
            ``(2) Coordination with the conference.--In carrying out 
        this subsection, the President, to the extent practical, shall 
        coordinate reporting, data collection, and planning activities 
        with the Conference.
    ``(f) Authorizations.--There are authorized to be appropriated to 
the Administrator to carry out this section such sums as may be 
necessary for each of fiscal years 2009 through 2013.''.
                                 <all>