[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1816 Reported in Senate (RS)]

                                                       Calendar No. 620
111th CONGRESS
  2d Session
                                S. 1816

                          [Report No. 111-333]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 20, 2009

  Mr. Cardin (for himself, Ms. Mikulski, Mr. Carper, and Mr. Kaufman) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

                           September 28, 2010

               Reported by Mrs. Boxer, with an amendment
 [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 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Chesapeake Clean Water and 
Ecosystem Restoration Act of 2009''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the Chesapeake Bay and the tributary waters of 
        the Chesapeake Bay are natural resources of outstanding 
        ecological, economic, and cultural importance to the United 
        States;</DELETED>
        <DELETED>    (2) for more than 20 years, the Federal Government 
        and the States of the Chesapeake Bay Watershed, the Chesapeake 
        Bay Commission, and various local government, scientific, and 
        citizen advisory boards have worked through the Chesapeake Bay 
        Program of the Environmental Protection Agency to develop an 
        unparalleled body of scientific information and cooperative 
        partnerships to advance the Chesapeake Bay restoration 
        effort;</DELETED>
        <DELETED>    (3) despite significant efforts by Federal, State, 
        and local governments and other interested parties, water 
        pollution in the Chesapeake Bay prevents the attainment of 
        existing State water quality standards and the ecological goals 
        of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.);</DELETED>
        <DELETED>    (4) the Chesapeake Bay Program partnership has 
        developed a rich body of environmental data based on an 
        extensive network of monitors, which provide a critical measure 
        of success in attainment of the goals of the restoration 
        effort;</DELETED>
        <DELETED>    (5) the Chesapeake Bay Program partnership has 
        also developed some of the world's foremost water quality and 
        ecosystem computer models, which are invaluable planning tools 
        for resource managers;</DELETED>
        <DELETED>    (6) the major pollutants affecting the water 
        quality of the Chesapeake Bay and related tidal waters are 
        nitrogen, phosphorus, and sediment;</DELETED>
        <DELETED>    (7) the largest developed land use in the 
        Chesapeake Bay watershed, and the largest single-sector source 
        of nitrogen, phosphorus, and sediment pollution, is 
        agriculture;</DELETED>
        <DELETED>    (8) conservation practices have resulted in 
        significant reductions in pollution loads from the agricultural 
        sector;</DELETED>
        <DELETED>    (9) to speed continued progress in the 
        agricultural sector, the Federal Government and State 
        governments have initiated a number of agricultural 
        conservation programs, including the Chesapeake Bay watershed 
        initiative under section 1240Q of the Food Security Act of 1985 
        (16 U.S.C. 3839bb-4);</DELETED>
        <DELETED>    (10) atmospheric deposition of nitrogen oxides and 
        ammonia on the Chesapeake Bay watershed contributes as much as 
        </DELETED>\<DELETED>1/3</DELETED>\ <DELETED>of the nitrogen 
        pollution in the Chesapeake Bay;</DELETED>
        <DELETED>    (11) for years, a steady stream of technology 
        development and increasingly stringent permit requirements have 
        resulted in a steady decline in the nitrogen and phosphorus 
        pollution derived from wastewater treatment plants in the 
        Chesapeake Bay watershed;</DELETED>
        <DELETED>    (12) suburban and urban development is the fastest 
        growing land use sector in the Chesapeake Bay watershed, and 
        stormwater runoff from that sector is the only major source of 
        pollution in the watershed that is increasing;</DELETED>
        <DELETED>    (13) during the period beginning in 1990 and 
        ending in 2000, impervious cover, the hardened surfaces through 
        which water cannot penetrate, increased by nearly 250,000 
        acres, about 41 percent, or the size of 5 Districts of 
        Columbia;</DELETED>
        <DELETED>    (14) during that period, the watershed population 
        of the Chesapeake Bay grew by just 8 percent;</DELETED>
        <DELETED>    (15) the population of the watershed is estimated 
        to be growing by about 157,000 people per year;</DELETED>
        <DELETED>    (16) continuing at that rate, the population will 
        increase to nearly 20,000,000 by 2030;</DELETED>
        <DELETED>    (17) about 58 percent of the watershed of the 
        Chesapeake Bay is undeveloped and mostly forested, but as many 
        as 100 acres of forest are lost to development each 
        day;</DELETED>
        <DELETED>    (18) States, local governments, developers, and 
        nonprofit organizations have developed numerous low-impact 
        development techniques since the late 1990s, which use natural 
        area protection, infiltration, and pervious surfaces to reduce 
        stormwater runoff and associated sediment and nutrient 
        pollution;</DELETED>
        <DELETED>    (19) many of those techniques are less expensive 
        than traditional pollution stormwater control management 
        techniques;</DELETED>
        <DELETED>    (20) the decline of key aquatic habitats and 
        species has resulted in a loss of the important water quality 
        benefits that the habitats and species traditionally 
        provided;</DELETED>
        <DELETED>    (21) native oysters, the numbers of which have 
        declined precipitously in the Chesapeake Bay in significant 
        part because of diseases brought into the watershed by 
        nonnative oysters, are natural filters that once effectively 
        filtered a volume of water equivalent to that of the entire 
        Chesapeake Bay in a matter of days;</DELETED>
        <DELETED>    (22) although less well-understood, menhaden, a 
        species of fish found in the Chesapeake Bay, also provide 
        important filtering capacity as well as a number of other key 
        ecosystem functions;</DELETED>
        <DELETED>    (23) wetlands are a vital part of any major 
        ecosystem;</DELETED>
        <DELETED>    (24) studies have demonstrated that nontidal 
        wetland near the Chesapeake Bay removed as much as 89 percent 
        of the nitrogen and 80 percent of the phosphorus that entered 
        the wetland through upland runoff, groundwater, and 
        precipitation;</DELETED>
        <DELETED>    (25) riparian forests remove as much as 90 percent 
        of nitrogen and phosphorus that would otherwise enter the 
        water;</DELETED>
        <DELETED>    (26) the loss of forests and wetlands in the 
        Chesapeake Bay has resulted in diminished water quality, among 
        other effects;</DELETED>
        <DELETED>    (27) in certain locations in the Chesapeake Bay, 
        nutria, a nonnative species, has caused extensive destruction 
        of key wetlands; and</DELETED>
        <DELETED>    (28) in spite of the achievements of the 
        Chesapeake Bay Program partnership and increasing knowledge 
        about ecosystem functions, the restoration of the Chesapeake 
        Bay will require significantly stronger tools to manage 
        pollution levels and other impediments to water 
        quality.</DELETED>

<DELETED>SEC. 3. CHESAPEAKE BAY PROGRAM.</DELETED>

<DELETED>    Section 117 of the Federal Water Pollution Control Act (33 
U.S.C. 1267) is amended to read as follows:</DELETED>

<DELETED>``SEC. 117. CHESAPEAKE BAY PROGRAM.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Administrative cost.--The term 
        `administrative cost' means the cost of salaries and fringe 
        benefits incurred in administering a grant under this 
        section.</DELETED>
        <DELETED>    ``(2) Asian oyster.--The term `Asian oyster' means 
        the species Crassostrea ariakensis.</DELETED>
        <DELETED>    ``(3) Baseline.--The term `baseline' means the 
        basic standard or level used for measuring (as applicable)--
        </DELETED>
                <DELETED>    ``(A) the nutrient control requirements 
                credit sellers must achieve before becoming eligible to 
                generate saleable nutrient credits; or</DELETED>
                <DELETED>    ``(B) the nutrient load reductions 
                required of individual sources to meet water quality 
                standards or goals under a TMDL or watershed 
                implementation plan.</DELETED>
        <DELETED>    ``(4) Basin commissions.--The term `basin 
        commissions' means--</DELETED>
                <DELETED>    ``(A) the Interstate Commission on the 
                Potomac River Basin established under the interstate 
                compact consented to and approved by Congress under the 
                Joint Resolution of July 11, 1940 (54 Stat. 748, 
                chapter 579) and Public Law 91-407 (84 Stat. 856); 
                and</DELETED>
                <DELETED>    ``(B) the Susquehanna River Basin 
                Commission established under the interstate compact 
                consented to and approved by Congress under Public Law 
                91-575 (84 Stat. 1509) and Public Law 99-468 (100 Stat. 
                1193).</DELETED>
        <DELETED>    ``(5) Chesapeake bay agreement.--The term 
        `Chesapeake Bay Agreement' means the formal, voluntary 
        agreements executed to achieve the goal of restoring and 
        protecting the Chesapeake Bay ecosystem and the living 
        resources of the Chesapeake Bay ecosystem and signed by the 
        Chesapeake Executive Council.</DELETED>
        <DELETED>    ``(6) Chesapeake bay ecosystem.--The term 
        `Chesapeake Bay ecosystem' means the ecosystem of the 
        Chesapeake Bay watershed.</DELETED>
        <DELETED>    ``(7) Chesapeake bay program.--The term 
        `Chesapeake Bay Program' means the program directed by the 
        Chesapeake Executive Council in accordance with the Chesapeake 
        Bay Agreement.</DELETED>
        <DELETED>    ``(8) Chesapeake bay state.--The term `Chesapeake 
        Bay State' means any of--</DELETED>
                <DELETED>    ``(A) the States of Delaware, Maryland, 
                New York, Pennsylvania, Virginia, and West Virginia; 
                or</DELETED>
                <DELETED>    ``(B) the District of Columbia.</DELETED>
        <DELETED>    ``(9) Chesapeake bay watershed.--The term 
        `Chesapeake Bay watershed' means the Chesapeake Bay and the 
        area consisting of 19 tributary basins within the Chesapeake 
        Bay States through which precipitation drains into the 
        Chesapeake Bay.</DELETED>
        <DELETED>    ``(10) Chesapeake executive council.--The term 
        `Chesapeake Executive Council' means the signatories to the 
        Chesapeake Bay Agreement.</DELETED>
        <DELETED>    ``(11) Cleaning agent.--The term `cleaning agent' 
        means a laundry detergent, dishwashing compound, household 
        cleaner, metal cleaner, degreasing compound, commercial 
        cleaner, industrial cleaner, phosphate compound, or other 
        substance that is intended to be used for cleaning 
        purposes.</DELETED>
        <DELETED>    ``(12) Director.--The term `director' means the 
        Director of the Chesapeake Bay Program Office of the 
        Environmental Protection Agency.</DELETED>
        <DELETED>    ``(13) Local government.--The term `local 
        government' means any county, city, or other general purpose 
        political subdivision of a State with jurisdiction over land 
        use.</DELETED>
        <DELETED>    ``(14) Menhaden.--The term `menhaden' means 
        members of stocks or populations of the species Brevoortia 
        tyrannus.</DELETED>
        <DELETED>    ``(15) Nutria.--The term `nutria' means the 
        species Myocaster coypus.</DELETED>
        <DELETED>    ``(16) Point-of-regulation.--The term `point-of-
        regulation' means any entity that--</DELETED>
                <DELETED>    ``(A) is subject to a limitation on 
                pollution or other regulation under this Act; 
                and</DELETED>
                <DELETED>    ``(B) has sufficient technical capacity 
                and legal authority to meet the obligations of the 
                entity under this Act.</DELETED>
        <DELETED>    ``(17) Signatory jurisdiction.--The term 
        `signatory jurisdiction' means a jurisdiction of a signatory to 
        the Chesapeake Bay Agreement.</DELETED>
        <DELETED>    ``(18) TMDL.--</DELETED>
                <DELETED>    ``(A) In general.--The term `TMDL' means 
                the total maximum daily load that the Administrator 
                establishes or approves for nitrogen, phosphorus, and 
                sediment loading to the waters in the Chesapeake Bay 
                mainstem and tidal tributaries identified on the list 
                of a Chesapeake Bay State under section 
                303(d).</DELETED>
                <DELETED>    ``(B) Inclusions.--The term `TMDL' may 
                include nitrogen, phosphorus, and sediment allocations 
                in temporal units of greater than daily duration if 
                applicable allocations--</DELETED>
                        <DELETED>    ``(i) are demonstrated to achieve 
                        water quality standards; and</DELETED>
                        <DELETED>    ``(ii) do not lead to exceedances 
                        of other applicable water quality standards for 
                        local receiving waters.</DELETED>
        <DELETED>    ``(19) Tributary basin.--The term `tributary 
        basin' means an area of land or body of water that--</DELETED>
                <DELETED>    ``(A) drains into any of the 19 Chesapeake 
                Bay tributaries or tributary segments; and</DELETED>
                <DELETED>    ``(B) is managed through watershed 
                implementation plans under this Act.</DELETED>
<DELETED>    ``(b) Continuation of Chesapeake Bay Program.--</DELETED>
        <DELETED>    ``(1) In general.--In cooperation with the 
        Chesapeake Executive Council (and as a member of the Council), 
        the Administrator shall continue the Chesapeake Bay 
        Program.</DELETED>
        <DELETED>    ``(2) Program office.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                maintain in the Environmental Protection Agency a 
                Chesapeake Bay Program Office.</DELETED>
                <DELETED>    ``(B) Function.--The Chesapeake Bay 
                Program Office shall provide support to the Chesapeake 
                Executive Council by--</DELETED>
                        <DELETED>    ``(i) implementing and 
                        coordinating science, research, modeling, 
                        support services, monitoring, data collection, 
                        and other activities that support the 
                        Chesapeake Bay Program;</DELETED>
                        <DELETED>    ``(ii) developing and making 
                        available, through publications, technical 
                        assistance, and other appropriate means, 
                        information pertaining to the environmental 
                        quality and living resources of the Chesapeake 
                        Bay ecosystem;</DELETED>
                        <DELETED>    ``(iii) in cooperation with 
                        appropriate Federal, State, and local 
                        authorities, assisting the signatories to the 
                        Chesapeake Bay Agreement in developing and 
                        implementing specific action plans to carry out 
                        the responsibilities of the signatories to the 
                        Chesapeake Bay Agreement;</DELETED>
                        <DELETED>    ``(iv) coordinating the actions of 
                        the Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies to--
                        </DELETED>
                                <DELETED>    ``(I) improve the water 
                                quality and living resources in the 
                                Chesapeake Bay ecosystem; and</DELETED>
                                <DELETED>    ``(II) obtain the support 
                                of the appropriate officials of the 
                                agencies and authorities in achieving 
                                the objectives of the Chesapeake Bay 
                                Agreement; and</DELETED>
                        <DELETED>    ``(v) implementing outreach 
                        programs for public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Chesapeake Bay.</DELETED>
<DELETED>    ``(c) Interagency Agreements.--The Administrator may enter 
into an interagency agreement with a Federal agency to carry out this 
section.</DELETED>
<DELETED>    ``(d) Technical Assistance and Assistance Grants.--
</DELETED>
        <DELETED>    ``(1) In general.--In cooperation with the 
        Chesapeake Executive Council, the Administrator may provide 
        technical assistance, and assistance grants, to nonprofit 
        organizations, State and local governments, colleges, 
        universities, and interstate agencies to carry out this 
        section, subject to such terms and conditions as the 
        Administrator considers appropriate.</DELETED>
        <DELETED>    ``(2) Federal share.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of an assistance 
                grant provided under paragraph (1) shall be determined 
                by the Administrator in accordance with guidance issued 
                by the Administrator.</DELETED>
                <DELETED>    ``(B) Chesapeake bay stewardship grants 
                program.--The Federal share of an assistance grant 
                provided under paragraph (1) to carry out an 
                implementing activity under subsection (h)(2) shall not 
                exceed 75 percent of eligible project costs, as 
                determined by the Administrator.</DELETED>
        <DELETED>    ``(3) Non-federal share.--An assistance grant 
        under paragraph (1) shall be provided on the condition that 
        non-Federal sources provide the remainder of eligible project 
        costs, as determined by the Administrator.</DELETED>
        <DELETED>    ``(4) Administrative costs.--Administrative costs 
        shall not exceed 10 percent of the annual grant 
        award.</DELETED>
<DELETED>    ``(e) Implementation and Monitoring Grants.--</DELETED>
        <DELETED>    ``(1) In general.--On the request of the chief 
        executive of the Chesapeake Bay State, the Administrator--
        </DELETED>
                <DELETED>    ``(A) shall make an implementation grant 
                to the Chesapeake Bay State, or a designee of a 
                Chesapeake Bay State (such as a soil conservation 
                district, nonprofit organization, local government, 
                college, university, interstate basin commission, or 
                interstate agency), for the purpose of implementing the 
                TMDL plans of the Chesapeake Bay State and achieving 
                the goals established under the Chesapeake Bay 
                Agreement, subject to such terms and conditions as the 
                Administrator considers to be appropriate; 
                and</DELETED>
                <DELETED>    ``(B) may make a monitoring grant to--
                </DELETED>
                        <DELETED>    ``(i) a Chesapeake Bay State, or a 
                        designee of a Chesapeake Bay State (such as a 
                        soil conservation district, nonprofit 
                        organization, local government, college, 
                        university, interstate basin commission, or 
                        interstate agency), for the purpose of 
                        monitoring the ecosystem of freshwater 
                        tributaries to the Chesapeake Bay; or</DELETED>
                        <DELETED>    ``(ii) the States of Delaware, 
                        Maryland, or Virginia, the District of 
                        Columbia, or a designee (such as a nonprofit 
                        organization, local government, college, 
                        university, or interstate agency) for the 
                        purpose of monitoring the Chesapeake Bay, 
                        including the tidal waters of the Chesapeake 
                        Bay.</DELETED>
        <DELETED>    ``(2) Administration.--In making implementation 
        grants to each of the Chesapeake Bay States for a fiscal year 
        under this subsection, the Administrator shall ensure that not 
        less than--</DELETED>
                <DELETED>    ``(A) 10 percent of the funds available to 
                make such grants are made to the States of Delaware, 
                New York, and West Virginia; and</DELETED>
                <DELETED>    ``(B) 20 percent of the funds available to 
                make such grants are made to States for the sole 
                purpose of providing technical assistance to 
                agricultural producers and foresters to access 
                conservation programs and other resources devoted to 
                improvements in water quality in the Chesapeake Bay and 
                the tributaries of the Chesapeake Bay.</DELETED>
        <DELETED>    ``(3) Proposals.--</DELETED>
                <DELETED>    ``(A) Implementation grants.--</DELETED>
                        <DELETED>    ``(i) In general.--A Chesapeake 
                        Bay State described in paragraph (1) may apply 
                        for a grant under this subsection for a fiscal 
                        year by submitting to the Administrator a 
                        comprehensive proposal to implement programs 
                        and achieve the goals established under the 
                        Chesapeake Bay Agreement.</DELETED>
                        <DELETED>    ``(ii) Implementation grant 
                        contents.--A proposal under clause (i) shall 
                        include--</DELETED>
                                <DELETED>    ``(I) a description of 
                                proposed actions that the Chesapeake 
                                Bay State commits to take within a 
                                specified time period that are 
                                designed--</DELETED>
                                        <DELETED>    ``(aa) to achieve 
                                        and maintain all applicable 
                                        water quality standards, 
                                        including standards necessary 
                                        to support the aquatic living 
                                        resources of the Chesapeake Bay 
                                        and related tributaries and to 
                                        protect human health;</DELETED>
                                        <DELETED>    ``(bb) to restore, 
                                        enhance, and protect the 
                                        finfish, shellfish, waterfowl, 
                                        and other living resources, 
                                        habitats of those species and 
                                        resources, and ecological 
                                        relationships to sustain all 
                                        fisheries and provide for a 
                                        balanced ecosystem;</DELETED>
                                        <DELETED>    ``(cc) to 
                                        preserve, protect, and restore 
                                        those habitats and natural 
                                        areas that are vital to the 
                                        survival and diversity of the 
                                        living resources of the 
                                        Chesapeake Bay and associated 
                                        rivers;</DELETED>
                                        <DELETED>    ``(dd) to develop, 
                                        promote, and achieve sound land 
                                        use practices that protect and 
                                        restore watershed resources and 
                                        water quality, reduce or 
                                        maintain reduced pollutant 
                                        loadings for the Chesapeake Bay 
                                        and related tributaries, and 
                                        restore and preserve aquatic 
                                        living resources;</DELETED>
                                        <DELETED>    ``(ee) to promote 
                                        individual stewardship and 
                                        assist individuals, community-
                                        based organizations, 
                                        businesses, local governments, 
                                        and schools to undertake 
                                        initiatives to achieve the 
                                        goals and commitments of the 
                                        Chesapeake Bay Agreement; 
                                        or</DELETED>
                                        <DELETED>    ``(ff) to provide 
                                        technical assistance to 
                                        agricultural producers, 
                                        foresters, and other eligible 
                                        entities, through technical 
                                        infrastructure, including 
                                        activities, processes, tools, 
                                        and agency functions needed to 
                                        support delivery of technical 
                                        services, such as technical 
                                        standards, resource 
                                        inventories, training, data, 
                                        technology, monitoring, and 
                                        effects analyses;</DELETED>
                                <DELETED>    ``(II) a commitment to 
                                dedicate not less than 20 percent of 
                                the grant of the Chesapeake Bay under 
                                this subsection to support technical 
                                assistance for agricultural and 
                                forestry land or nutrient management 
                                practices that protect and restore 
                                watershed resources and water quality, 
                                reduce or maintain reduced pollutant 
                                loadings for the Chesapeake Bay and 
                                related tributaries, and restore and 
                                preserve aquatic living resources; 
                                and</DELETED>
                                <DELETED>    ``(III) the estimated cost 
                                of the actions proposed to be taken 
                                during the fiscal year.</DELETED>
                <DELETED>    ``(B) Monitoring grants.--</DELETED>
                        <DELETED>    ``(i) In general.--A Chesapeake 
                        Bay State described in paragraph (1) may apply 
                        for a grant under this subsection for a fiscal 
                        year by submitting to the Administrator a 
                        comprehensive proposal to monitor freshwater or 
                        estuarine ecosystems, including water 
                        quality.</DELETED>
                        <DELETED>    ``(ii) Monitoring grant 
                        contents.--A proposal under this subparagraph 
                        shall include--</DELETED>
                                <DELETED>    ``(I) a description of the 
                                proposed monitoring system;</DELETED>
                                <DELETED>    ``(II) certification by 
                                the Chesapeake Bay Program Director 
                                that such a monitoring system includes 
                                such parameters as the Chesapeake Bay 
                                Program Director determines to be 
                                necessary to assess progress toward 
                                achieving the goals of the Chesapeake 
                                Clean Water and Ecosystem Restoration 
                                Act of 2009; and</DELETED>
                                <DELETED>    ``(III) the estimated cost 
                                of the monitoring proposed to be 
                                conducted during the fiscal 
                                year.</DELETED>
                        <DELETED>    ``(iii) Concurrences.--The 
                        Administrator shall--</DELETED>
                                <DELETED>    ``(I) obtain the 
                                concurrence of the Director of the 
                                United States Geological Survey 
                                regarding the design and implementation 
                                of the freshwater monitoring systems 
                                established under this subsection; 
                                and</DELETED>
                                <DELETED>    ``(II) obtain the 
                                concurrence of the Director of the 
                                Chesapeake Bay Office of the National 
                                Oceanic and Atmospheric Administration 
                                regarding the design and implementation 
                                of the estuarine monitoring systems 
                                established under this 
                                subsection.</DELETED>
                        <DELETED>    ``(iv) Consultation.--The 
                        Administrator shall--</DELETED>
                                <DELETED>    ``(I) consult with the 
                                Interstate Commission on the Potomac 
                                River Basin, the Susquehanna River 
                                Basin Commission, and the Chesapeake 
                                Bay States regarding the design and 
                                implementation of the freshwater 
                                monitoring systems established under 
                                this subsection, giving particular 
                                attention to the measurement of the 
                                water quality effectiveness of 
                                agricultural conservation program 
                                implementation (including geospatial 
                                agricultural conservation program 
                                data), including the Chesapeake Bay 
                                Watershed Initiative under section 
                                1240Q of the Food Security Act of 1985 
                                (16 U.S.C. 3839bb-4);</DELETED>
                                <DELETED>    ``(II) consult with Old 
                                Dominion University, the Virginia 
                                Institute of Marine Science, the 
                                University of Maryland Center for 
                                Environmental Science, and the 
                                Chesapeake Bay States regarding the 
                                estuarine monitoring systems 
                                established under this 
                                subsection;</DELETED>
                                <DELETED>    ``(III) consult with the 
                                Chesapeake Bay Program Scientific and 
                                Technical Advisory Committee regarding 
                                independent review of monitoring 
                                designs giving particular attention to 
                                integrated freshwater and estuarine 
                                monitoring strategies; and</DELETED>
                                <DELETED>    ``(IV) consult with 
                                Federal departments and agencies 
                                regarding cooperation in implementing 
                                monitoring programs.</DELETED>
<DELETED>    ``(f) Federal Facilities Coordination.--</DELETED>
        <DELETED>    ``(1) Subwatershed planning and restoration.--A 
        Federal agency that owns or operates a facility (as defined by 
        the Administrator) within the Chesapeake Bay watershed shall 
        participate in regional and subwatershed planning and 
        restoration programs.</DELETED>
        <DELETED>    ``(2) Compliance with agreements and plans.--The 
        head of each Federal agency that owns or occupies real property 
        in the Chesapeake Bay watershed shall ensure that the property, 
        and actions taken by the agency with respect to the property, 
        comply with--</DELETED>
                <DELETED>    ``(A) the Chesapeake Bay 
                Agreement;</DELETED>
                <DELETED>    ``(B) the Federal Agencies Chesapeake 
                Ecosystem Unified Plan;</DELETED>
                <DELETED>    ``(C) the Chesapeake Bay action plan 
                developed in accordance with subparagraph (g)(1)(A); 
                and</DELETED>
                <DELETED>    ``(D) any subsequent agreements and 
                plans.</DELETED>
<DELETED>    ``(g) Federal Annual Action Plan and Progress Report.--The 
Administrator, in accordance with Executive Order 13508 entitled 
`Chesapeake Bay Protection and Restoration' and signed on May 12, 2009 
(74 Fed. Reg. 23099), shall--</DELETED>
        <DELETED>    ``(1) make available to the public, not later than 
        March 31 of each year--</DELETED>
                <DELETED>    ``(A) a Chesapeake Bay action plan 
                describing, in the greatest practicable degree of 
                detail, how Federal funding proposed in the annual 
                budget of the United States submitted by the President 
                to Congress will be used to protect and restore the 
                Chesapeake Bay during the upcoming fiscal year; 
                and</DELETED>
                <DELETED>    ``(B) an annual progress report that--
                </DELETED>
                        <DELETED>    ``(i) assesses the key ecological 
                        attributes that reflect the health of the 
                        Chesapeake Bay ecosystem;</DELETED>
                        <DELETED>    ``(ii) reviews indicators of 
                        environmental conditions in the Chesapeake 
                        Bay;</DELETED>
                        <DELETED>    ``(iii) distinguishes between the 
                        health of the Chesapeake Bay ecosystem and the 
                        results of management measures;</DELETED>
                        <DELETED>    ``(iv) assesses implementation of 
                        the action plan during the preceding fiscal 
                        year;</DELETED>
                        <DELETED>    ``(v) recommends steps to improve 
                        progress in restoring and protecting the 
                        Chesapeake Bay; and</DELETED>
                        <DELETED>    ``(vi) describes how Federal 
                        funding and actions will be coordinated with 
                        the actions of States, basin commissions, and 
                        others;</DELETED>
        <DELETED>    ``(2) create and maintain, with the concurrence of 
        the Secretary of Agriculture, a Chesapeake Bay-wide database 
        containing comprehensive data on implementation of conservation 
        management practices in the Chesapeake Bay watershed that--
        </DELETED>
                <DELETED>    ``(A) includes baseline conservation 
                management practice implementation data as of the 
                effective date of the Chesapeake Clean Water and 
                Ecosystem Restoration Act of 2009;</DELETED>
                <DELETED>    ``(B) includes data on subsequent 
                conservation management practice implementation 
                projects funded by or reported to the Agency or the 
                Department;</DELETED>
                <DELETED>    ``(C) presents the required data in 
                statistical or aggregate form without identifying any--
                </DELETED>
                        <DELETED>    ``(i) individual owner, operator, 
                        or producer; or</DELETED>
                        <DELETED>    ``(ii) specific data gathering 
                        site; and</DELETED>
                <DELETED>    ``(D) is made available to the public not 
                later than December 31, 2010.</DELETED>
<DELETED>    ``(h) Chesapeake Bay Program.--</DELETED>
        <DELETED>    ``(1) Management strategies.--The Administrator, 
        in coordination with other members of the Chesapeake Executive 
        Council, shall ensure that management plans are developed and 
        implemented by Chesapeake Bay States to achieve and maintain--
        </DELETED>
                <DELETED>    ``(A) the nutrient goals of the Chesapeake 
                Bay Agreement for the quantity of nitrogen and 
                phosphorus entering the Chesapeake Bay and the 
                watershed of the Chesapeake Bay;</DELETED>
                <DELETED>    ``(B) the water quality requirements 
                necessary to restore living resources in the Chesapeake 
                Bay ecosystem;</DELETED>
                <DELETED>    ``(C) the Chesapeake Bay Basinwide Toxins 
                Reduction and Prevention Strategy goal of reducing or 
                eliminating the input of chemical contaminants from all 
                controllable sources to levels that result in no toxic 
                or bioaccumulative impact on the living resources of 
                the Chesapeake Bay ecosystem or on human 
                health;</DELETED>
                <DELETED>    ``(D) habitat restoration, protection, 
                creation, and enhancement goals established by 
                Chesapeake Bay Agreement signatories for wetland, 
                riparian forests, and other types of habitat associated 
                with the Chesapeake Bay ecosystem; and</DELETED>
                <DELETED>    ``(E) the restoration, protection, 
                creation, and enhancement goals established by the 
                Chesapeake Bay Agreement signatories for living 
                resources associated with the Chesapeake Bay 
                ecosystem.</DELETED>
        <DELETED>    ``(2) Chesapeake bay stewardship grants program.--
        The Administrator, in cooperation with the Chesapeake Executive 
        Council, shall--</DELETED>
                <DELETED>    ``(A) establish a Chesapeake Bay 
                Stewardship Grants Program; and</DELETED>
                <DELETED>    ``(B) in carrying out that program--
                </DELETED>
                        <DELETED>    ``(i) offer technical assistance 
                        and assistance grants under subsection (d) to 
                        local governments, soil conservation districts, 
                        academic institutions, and nonprofit 
                        organizations in the Chesapeake Bay region to 
                        implement--</DELETED>
                                <DELETED>    ``(I) cooperative 
                                watershed strategies that address the 
                                water quality, habitat, and living 
                                resource needs in the Chesapeake Bay 
                                ecosystem;</DELETED>
                                <DELETED>    ``(II) locally based 
                                protection and restoration programs or 
                                projects within a watershed that 
                                complement the State watershed 
                                implementation plans, including the 
                                creation, restoration, or enhancement 
                                of habitat associated with the 
                                Chesapeake Bay ecosystem; and</DELETED>
                                <DELETED>    ``(III) innovative 
                                nitrogen, phosphorus, or sediment 
                                reduction efforts; and</DELETED>
                        <DELETED>    ``(ii) give preference to 
                        cooperative projects that involve local 
                        governments.</DELETED>
<DELETED>    ``(i) Total Maximum Daily Load.--</DELETED>
        <DELETED>    ``(1) TMDL.--</DELETED>
                <DELETED>    ``(A) Establishment.--Not later than 
                December 31, 2010, the Administrator shall establish a 
                Chesapeake Bay-wide TMDL.</DELETED>
                <DELETED>    ``(B) Requirements.--The Administrator 
                shall not establish or approve a TMDL described in 
                subparagraph (A) unless the TMDL includes--</DELETED>
                        <DELETED>    ``(i) wasteload allocations for 
                        nitrogen, phosphorus, and sediment necessary to 
                        implement the applicable water quality 
                        standards in the Chesapeake Bay watershed and 
                        achieve those standards in the Chesapeake Bay 
                        and the tidal tributaries of the Chesapeake 
                        Bay;</DELETED>
                        <DELETED>    ``(ii) enforceable or otherwise 
                        binding load allocations for all nonpoint 
                        sources, including atmospheric deposition, 
                        agricultural runoff, and stormwater sources for 
                        which a permit under section 402 is not 
                        required;</DELETED>
                        <DELETED>    ``(iii) a margin of safety so as 
                        to ensure that the TMDL does not exceed any 
                        applicable water quality standard; 
                        and</DELETED>
                        <DELETED>    ``(iv) a requirement for no net 
                        increase of nitrogen, phosphorus, and sediment 
                        loads above the pollution limitations necessary 
                        to meet water quality standards for the 
                        Chesapeake Bay, including no net projected 
                        increased pollutant loads from--</DELETED>
                                <DELETED>    ``(I) new or increased 
                                impervious surfaces;</DELETED>
                                <DELETED>    ``(II) concentrated animal 
                                feeding operations;</DELETED>
                                <DELETED>    ``(III) transportation 
                                systems; and</DELETED>
                                <DELETED>    ``(IV) septic 
                                systems.</DELETED>
        <DELETED>    ``(2) Permits.--</DELETED>
                <DELETED>    ``(A) In general.--Effective beginning on 
                January 1, 2011, a new or reissued permit issued by the 
                Administrator under section 402(a) or a State 
                authorized to administer a permit program under section 
                402(b) shall include limits consistent with all 
                applicable wasteload allocations in the Chesapeake Bay 
                TMDL.</DELETED>
                <DELETED>    ``(B) Permits.--</DELETED>
                        <DELETED>    ``(i) In general.--Effective 
                        beginning on January 1, 2011, each Chesapeake 
                        Bay State shall submit to the Administrator 
                        copies of any permit for discharges of 
                        nitrogen, phosphorus, or sediment into the 
                        Chesapeake Bay watershed that is allowed to 
                        continue beyond 5 years pursuant to a State law 
                        analogous to section 558(c) of title 5, United 
                        States Code, not later than 60 days after the 
                        expiration date of the permit.</DELETED>
                        <DELETED>    ``(ii) Review.--The Administrator 
                        shall have the opportunity to review and object 
                        to the continuance of the permit in accordance 
                        with the process described in section 402(d) 
                        for permits proposed to be issued by a 
                        State.</DELETED>
<DELETED>    ``(j) Actions by States.--</DELETED>
        <DELETED>    ``(1) Watershed implementation plans.--</DELETED>
                <DELETED>    ``(A) Plans.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        May 12, 2011, each Chesapeake Bay State shall, 
                        after providing for reasonable notice and 1 or 
                        more public hearings, adopt and submit to the 
                        Administrator for approval a watershed 
                        implementation plan for the portion of each of 
                        the 92 tidal water segments that is subject to 
                        the jurisdiction of the Chesapeake Bay State 
                        that together comprise the Chesapeake 
                        Bay.</DELETED>
                        <DELETED>    ``(ii) Targets.--The watershed 
                        implementation plan shall establish reduction 
                        targets, key actions, and schedules for 
                        reducing, to levels that will attain water 
                        quality standards, the loads, of nitrogen, 
                        phosphorus, and sediment, including pollution 
                        from--</DELETED>
                                <DELETED>    ``(I) agricultural 
                                runoff;</DELETED>
                                <DELETED>    ``(II) point sources, 
                                including point source stormwater 
                                discharges;</DELETED>
                                <DELETED>    ``(III) nonpoint source 
                                stormwater runoff; and</DELETED>
                                <DELETED>    ``(IV) septic systems and 
                                other onsite sewage disposal 
                                systems.</DELETED>
                        <DELETED>    ``(iii) Pollution limitations.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--The 
                                tributary pollution limitations shall 
                                be the nitrogen, phosphorous, and 
                                sediment cap loads identified in the 
                                tributary cap load agreement numbered 
                                EPA 903-R-03-007, date December 2003, 
                                and entitled `Setting and Allocating 
                                the Chesapeake Bay Basin Nutrient and 
                                Sediment Loads: The Collaborative 
                                Process, Technical Tools and Innovative 
                                Approaches,' or a Chesapeake Bay TMDL 
                                established by the 
                                Administrator.</DELETED>
                                <DELETED>    ``(II) Stringency.--A 
                                watershed implementation plan shall be 
                                designed to attain, at a minimum, the 
                                pollution limitations described in 
                                subclause (I).</DELETED>
                        <DELETED>    ``(iv) Plan requirements.--Each 
                        watershed implementation plan shall--</DELETED>
                                <DELETED>    ``(I) include State-
                                adopted management measures, including 
                                rules or regulations, permits, consent 
                                decrees, and other enforceable or 
                                otherwise binding measures, to require 
                                and achieve reductions from pollution 
                                sources;</DELETED>
                                <DELETED>    ``(II) include programs to 
                                achieve voluntary reductions from 
                                pollution sources, including funding 
                                commitments necessary to implement 
                                those programs;</DELETED>
                                <DELETED>    ``(III) include any 
                                additional requirements or actions that 
                                the Chesapeake Bay State determines to 
                                be necessary to attain the pollution 
                                limitations by the deadline established 
                                in this paragraph;</DELETED>
                                <DELETED>    ``(IV) provide for 
                                enforcement mechanisms, including a 
                                penalty structure for failures, such as 
                                fees or forfeiture of State funds, 
                                including Federal funds distributed or 
                                otherwise awarded by the State to the 
                                extent the State is authorized to 
                                exercise independent discretion in 
                                amounts of such distributions or 
                                awards, for use in case a permittee, 
                                local jurisdictions, or any other party 
                                fails to adhere to assigned pollutant 
                                limitations, implementation schedules, 
                                or permit terms;</DELETED>
                                <DELETED>    ``(V) include a schedule 
                                for implementation divided into 2-year 
                                periods, along with computer modeling 
                                to demonstrate the projected reductions 
                                in nitrogen, phosphorus, and sediment 
                                loads associated with each 2-year 
                                period;</DELETED>
                                <DELETED>    ``(VI) include the 
                                stipulation of alternate actions as 
                                contingencies;</DELETED>
                                <DELETED>    ``(VII) account for how 
                                the Chesapeake Bay State will address 
                                additional loadings from growth through 
                                offsets or other actions; and</DELETED>
                                <DELETED>    ``(VIII) provide 
                                assurances that--</DELETED>
                                        <DELETED>    ``(aa) if compared 
                                        to an estimated 2008 baseline 
                                        based on modeled loads, the 
                                        initial plan shall be designed 
                                        to achieve, not later than May 
                                        31, 2017, at least 60 percent 
                                        of the nutrient and sediment 
                                        limitations described in clause 
                                        (iii)(I);</DELETED>
                                        <DELETED>    ``(bb) the 
                                        management measures required to 
                                        achieve a 50-percent reduction 
                                        of nutrient and sediment 
                                        limitations shall be in effect 
                                        upon submission of the 
                                        plan;</DELETED>
                                        <DELETED>    ``(cc) the 
                                        Chesapeake Bay State will have 
                                        adequate personnel, funding, 
                                        and authority under State (and, 
                                        as appropriate, local) law to 
                                        carry out the implementation 
                                        plan, and is not prohibited by 
                                        any provision of Federal or 
                                        State law from carrying out the 
                                        implementation plan; 
                                        and</DELETED>
                                        <DELETED>    ``(dd) in a case 
                                        in which a Chesapeake Bay State 
                                        has relied on a local 
                                        government for the 
                                        implementation of any plan 
                                        provision, the Chesapeake Bay 
                                        State has the responsibility 
                                        for ensuring adequate 
                                        implementation of the 
                                        provision.</DELETED>
                <DELETED>    ``(B) Implementation.--</DELETED>
                        <DELETED>    ``(i) In general.--In implementing 
                        a watershed implementation plan, each 
                        Chesapeake Bay State shall follow a strategy 
                        developed by the Administrator for the 
                        implementation of adaptive management 
                        principles to ensure full implementation of all 
                        plan elements by not later than May 12, 2025, 
                        including--</DELETED>
                                <DELETED>    ``(I) biennial evaluations 
                                of State actions;</DELETED>
                                <DELETED>    ``(II) progress made 
                                toward implementation;</DELETED>
                                <DELETED>    ``(III) determinations of 
                                necessary modifications to future 
                                actions in order to achieve objectives; 
                                and</DELETED>
                                <DELETED>    ``(IV) appropriate 
                                provisions to adapt to climate 
                                changes.</DELETED>
                        <DELETED>    ``(ii) Deadline.--Not later than 
                        May 12, 2025, each Chesapeake Bay State shall--
                        </DELETED>
                                <DELETED>    ``(I) fully implement the 
                                watershed implementation plan of the 
                                State; and</DELETED>
                                <DELETED>    ``(II) have in place all 
                                the mechanisms outlined in the plan 
                                that are necessary to attain the 
                                applicable pollutant limitations for 
                                nitrogen, phosphorus, and 
                                sediments.</DELETED>
                <DELETED>    ``(C) Progress reports.--Not later than 
                May 12, 2014, and biennially thereafter, each 
                Chesapeake Bay State shall submit to the Administrator 
                a progress report that, with respect to the 2-year 
                period covered by the report--</DELETED>
                        <DELETED>    ``(i) includes a listing of all 
                        management measures that were to be implemented 
                        in accordance with the approved watershed 
                        implementation plan of the Chesapeake Bay 
                        State, including a description of the extent to 
                        which those measures have been fully 
                        implemented;</DELETED>
                        <DELETED>    ``(ii) includes a listing of all 
                        the management measures described in clause (i) 
                        that the Chesapeake Bay State has failed to 
                        fully implement in accordance with the approved 
                        watershed implementation plan of the Chesapeake 
                        Bay State;</DELETED>
                        <DELETED>    ``(iii) includes monitored and 
                        collected water quality data;</DELETED>
                        <DELETED>    ``(iv) includes Chesapeake Bay 
                        Program computer modeling data that detail the 
                        nitrogen, phosphorus, and sediment load 
                        reductions projected to be achieved as a result 
                        of the implementation of the management 
                        measures and mechanisms carried out by the 
                        Chesapeake Bay State;</DELETED>
                        <DELETED>    ``(v) includes, for the subsequent 
                        2-year period, implementation goals and 
                        Chesapeake Bay Program computer modeling data 
                        detailing the projected pollution reductions to 
                        be achieved if the Chesapeake Bay State fully 
                        implements the subsequent round of management 
                        measures;</DELETED>
                        <DELETED>    ``(vi) identifies compliance 
                        information, including violations, actions 
                        taken by the Chesapeake Bay State to address 
                        the violations, and dates, if any, on which 
                        compliance was achieved; and</DELETED>
                        <DELETED>    ``(vii) specifies any revisions to 
                        the watershed implementation plan submitted 
                        under this paragraph that the Chesapeake Bay 
                        State determines are necessary to attain the 
                        applicable pollutant limitations for nitrogen, 
                        phosphorus, and sediments.</DELETED>
        <DELETED>    ``(2) Issuance of permits.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding any 
                other provision of this Act (including any exclusion or 
                exception contained in a definition under section 502), 
                for the purpose of achieving the nitrogen, phosphorus, 
                and sediment reductions required under a watershed 
                implementation plan, a Chesapeake Bay State may issue a 
                permit in accordance with section 402 for any pollution 
                source the Chesapeake Bay State determines to be 
                necessary.</DELETED>
                <DELETED>    ``(B) Enforcement.--The Administrator 
                shall enforce any permits issued in accordance with the 
                watershed implementation plan in the same manner as 
                other permits issued under section 402 are 
                enforced.</DELETED>
        <DELETED>    ``(3) Stormwater permits.--</DELETED>
                <DELETED>    ``(A) In general.--Effective beginning 
                January 1, 2013, the Chesapeake Bay State shall provide 
                assurances to the Administrator that--</DELETED>
                        <DELETED>    ``(i) the owner or operator of any 
                        development or redevelopment project possessing 
                        an impervious footprint that exceeds a 
                        threshold to be determined by the Administrator 
                        through rulemaking, will use site planning, 
                        design, construction, and maintenance 
                        strategies for the property to maintain or 
                        restore, to the maximum extent technically 
                        feasible, the predevelopment hydrology of the 
                        property with regard to the temperature, rate, 
                        volume, and duration of flow; and</DELETED>
                        <DELETED>    ``(ii) as a further condition of 
                        permitting such a development or redevelopment, 
                        the owner or operator of any development or 
                        redevelopment project possessing an impervious 
                        footprint that exceeds a threshold to be 
                        determined by the Administrator through 
                        rulemaking will compensate for any unavoidable 
                        impacts to the predevelopment hydrology of the 
                        property with regard to the temperature, rate, 
                        volume, and duration of flow, such that--
                        </DELETED>
                                <DELETED>    ``(I) the compensation 
                                within the jurisdictional boundaries of 
                                the local government shall provide in-
                                kind mitigation of function at a ratio 
                                to be determined by the Administrator 
                                through rulemaking; and</DELETED>
                                <DELETED>    ``(II) the compensation 
                                outside the jurisdictional boundaries 
                                of the local government shall provide 
                                in-kind mitigation, at a ratio to be 
                                determined by the Administrator through 
                                rulemaking, within the tributary 
                                watershed in which the project is 
                                located.</DELETED>
                <DELETED>    ``(B) Administration.--Not later than 
                December 31, 2012, the Administrator shall promulgate 
                regulations that--</DELETED>
                        <DELETED>    ``(i) define the term 
                        `predevelopment hydrology' in subparagraph 
                        (A);</DELETED>
                        <DELETED>    ``(ii) establish the thresholds 
                        under subparagraph (A); and</DELETED>
                        <DELETED>    ``(iii) establish the compensation 
                        ratios under subparagraph (A)(ii).</DELETED>
        <DELETED>    ``(4) Phosphate ban.--</DELETED>
                <DELETED>    ``(A) Phosphorus in cleaning agents.--Each 
                Chesapeake Bay State shall provide to the 
                Administrator, not later than 3 years after the date of 
                enactment of the Chesapeake Clean Water and Ecosystem 
                Restoration Act of 2009, assurances that within the 
                jurisdiction, except as provided in subparagraph (B), a 
                person may not use, sell, manufacture, or distribute 
                for use or sale any cleaning agent that contains more 
                than 0.0 percent phosphorus by weight, expressed as 
                elemental phosphorus, except for a quantity not 
                exceeding 0.5 percent phosphorus that is incidental to 
                the manufacture of the cleaning agent.</DELETED>
                <DELETED>    ``(B) Prohibited quantities of 
                phosphorus.--Each Chesapeake Bay State shall provide to 
                the Administrator, not later than 3 years after the 
                date of enactment of the Chesapeake Clean Water and 
                Ecosystem Restoration Act of 2009, assurances that, 
                within the jurisdiction, a person may use, sell, 
                manufacture, or distribute for use or sale a cleaning 
                agent that contains greater than 0.0 percent phosphorus 
                by weight, but does not exceed 8.7 percent phosphorus 
                by weight, if the cleaning agent is a substance that 
                the Administrator, by regulation, excludes from the 
                limitation under subparagraph (A), based on a finding 
                that compliance with that subparagraph would--
                </DELETED>
                        <DELETED>    ``(i) create a significant 
                        hardship on the users of the cleaning agent; 
                        or</DELETED>
                        <DELETED>    ``(ii) be unreasonable because of 
                        the lack of an adequate substitute cleaning 
                        agent.</DELETED>
<DELETED>    ``(k) Action by Administrator.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 60 days after 
        the date of enactment of the Chesapeake Clean Water and 
        Ecosystem Restoration Act of 2009, the Administrator shall 
        establish minimum criteria that any proposed watershed 
        implementation plan must meet before the Administrator may 
        approve such a plan.</DELETED>
        <DELETED>    ``(2) Completeness finding.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 60 days 
                after the date on which the Administrator receives a 
                new or revised proposed watershed implementation plan 
                from a Chesapeake Bay State, the Administrator shall 
                determine whether the minimum criteria for the plan 
                established under paragraph (1) have been 
                met.</DELETED>
                <DELETED>    ``(B) Effect of finding of 
                incompleteness.--If the Administrator determines under 
                subparagraph (A) that all or any portion of a submitted 
                watershed implementation plan does not meet the minimum 
                criteria established under paragraph (1), the 
                Chesapeake Bay State submitting the plan shall be 
                treated as not having made the submission.</DELETED>
        <DELETED>    ``(3) Approval and disapproval.--</DELETED>
                <DELETED>    ``(A) Deadline.--Not later than 90 days 
                after determining that a watershed implementation plan 
                meets minimum criteria in accordance with paragraph 
                (2)(A), the Administrator shall approve or disapprove 
                the plan.</DELETED>
                <DELETED>    ``(B) Full and partial approval and 
                disapproval.--In carrying out this paragraph, the 
                Administrator--</DELETED>
                        <DELETED>    ``(i) shall approve a watershed 
                        implementation plan if the plan meets all 
                        applicable requirements under this section; 
                        and</DELETED>
                        <DELETED>    ``(ii) may approve the plan in 
                        part and disapprove the plan in part if only a 
                        portion of the plan meets those 
                        requirements.</DELETED>
                <DELETED>    ``(C) Conditional approval.--The 
                Administrator--</DELETED>
                        <DELETED>    ``(i) may conditionally approve a 
                        revised watershed implementation plan based on 
                        a commitment of the Chesapeake Bay State 
                        submitting the plan to adopt specific 
                        enforceable management measures by not later 
                        than 1 year after the date of approval of the 
                        plan revision; but</DELETED>
                        <DELETED>    ``(ii) shall treat a conditional 
                        approval as a disapproval under this paragraph 
                        if the Chesapeake Bay State fails to comply 
                        with the commitment of the Chesapeake Bay 
                        State.</DELETED>
                <DELETED>    ``(D) Full approval required.--A new or 
                revised watershed implementation plan shall not be 
                treated as meeting the requirements of this section 
                until the Administrator approves the entire new or 
                revised plan.</DELETED>
                <DELETED>    ``(E) Corrections.--In any case in which 
                the Administrator determines that the action of the 
                Administrator approving, disapproving, conditionally 
                approving, or promulgating any new or revised watershed 
                implementation plan was in error, the Administrator--
                </DELETED>
                        <DELETED>    ``(i) may, in the same manner as 
                        the approval, disapproval, conditional 
                        approval, or promulgation, revise the action of 
                        the Administrator, as appropriate, without 
                        requiring any further submission from the 
                        Chesapeake Bay State; and</DELETED>
                        <DELETED>    ``(ii) shall make the 
                        determination of the Administrator, and the 
                        basis for that determination, available to the 
                        public.</DELETED>
                <DELETED>    ``(F) Effective date.--The provisions of a 
                State watershed implementation plan shall take effect 
                upon the date of approval of the plan.</DELETED>
        <DELETED>    ``(4) Calls for plan revision.--In any case in 
        which the Administrator determines that watershed 
        implementation plan for any area is inadequate to attain or 
        maintain applicable pollution limitations, the Administrator--
        </DELETED>
                <DELETED>    ``(A) shall notify the Chesapeake Bay 
                State of, and require the Chesapeake Bay State to 
                revise the plan to correct, the inadequacies;</DELETED>
                <DELETED>    ``(B) may establish reasonable deadlines 
                (not to exceed 180 days after the date on which the 
                Administrator provides the notification) for the 
                submission of a revised watershed implementation 
                plan;</DELETED>
                <DELETED>    ``(C) make the findings of the 
                Administrator under paragraph (3) and notice provided 
                under subparagraph (A) public; and</DELETED>
                <DELETED>    ``(D) require the Chesapeake Bay State to 
                comply with the requirements applicable under the 
                initial watershed implementation plan, except that the 
                Administrator may adjust any dates (other than 
                attainment dates) applicable under those requirements, 
                as appropriate.</DELETED>
        <DELETED>    ``(5) Federal implementation.--If a Chesapeake Bay 
        State fails to submit a watershed implementation plan, to 
        submit a biennial report, or to correct a previously missed 2-
        year commitment made in a watershed implementation plan, the 
        Administrator shall, after issuing a notice to the State and 
        providing a 90-day period in which the failure may be 
        corrected--</DELETED>
                <DELETED>    ``(A) withhold all funds otherwise 
                available to the Chesapeake Bay State under this 
                Act;</DELETED>
                <DELETED>    ``(B) develop and administer a watershed 
                implementation plan for that Chesapeake Bay State until 
                such time as the Chesapeake Bay State has remedied the 
                plan, reports, or achievements to the satisfaction of 
                the Administrator;</DELETED>
                <DELETED>    ``(C) require that all permits issued 
                under section 402 for new or expanding discharges of 
                nitrogen, phosphorus, or sediments acquire offsets that 
                exceed by 100 percent an amount that would otherwise be 
                required, taking into account attenuation, equivalency, 
                and uncertainty; and</DELETED>
                <DELETED>    ``(D) for the purposes of developing and 
                implementing a watershed implementation plan under 
                subparagraph (B)--</DELETED>
                        <DELETED>    ``(i) notwithstanding any other 
                        provision of this Act (including any exclusion 
                        or exception contained in a definition under 
                        section 502), promulgate such regulations or 
                        issue such permits as the Administrator 
                        determines to be necessary to control pollution 
                        sufficient to meet the water quality goals 
                        defined in the watershed implementation plan; 
                        and</DELETED>
                        <DELETED>    ``(ii) enforce any permits issued 
                        in accordance with the watershed implementation 
                        plan in the same manner as other permits issued 
                        under section 402 are enforced.</DELETED>
        <DELETED>    ``(6) Nitrogen and phosphorus trading program.--
        </DELETED>
                <DELETED>    ``(A) Establishment.--Not later than May 
                12, 2012, the Administrator, in cooperation with each 
                Chesapeake Bay State, shall establish an interstate 
                nitrogen and phosphorus trading program for the 
                Chesapeake Bay for the generation, trading, and use of 
                nitrogen and phosphorus credits to facilitate the 
                attainment and maintenance of the Chesapeake Bay-wide 
                TMDL for nitrogen and phosphorus.</DELETED>
                <DELETED>    ``(B) Trading system.--The trading program 
                established under this subsection shall, at a minimum--
                </DELETED>
                        <DELETED>    ``(i) define and standardize 
                        nitrogen and phosphorus credits and establish 
                        procedures or standards for ensuring equivalent 
                        water quality benefits for all 
                        credits;</DELETED>
                        <DELETED>    ``(ii) establish procedures or 
                        standards for certifying and verifying nitrogen 
                        and phosphorus credits to ensure that credit-
                        generating practices from both point sources 
                        and nonpoint sources are achieving actual 
                        reductions in nitrogen and 
                        phosphorus;</DELETED>
                        <DELETED>    ``(iii) establish procedures or 
                        standards for generating, quantifying, trading, 
                        and applying credits to meet regulatory 
                        requirements and allow for trading to occur 
                        between and across point source or nonpoint 
                        sources;</DELETED>
                        <DELETED>    ``(iv) establish baseline 
                        requirements that a credit seller must meet 
                        before becoming eligible to generate saleable 
                        credits;</DELETED>
                        <DELETED>    ``(v) establish points-of-
                        regulation at the sub-State level to facilitate 
                        trading and promote water quality goals under 
                        which--</DELETED>
                                <DELETED>    ``(I) States may designate 
                                point sources as points-of-
                                regulation;</DELETED>
                                <DELETED>    ``(II) States may 
                                aggregate multiple sources to serve as 
                                points-of-regulation; and</DELETED>
                                <DELETED>    ``(III) the Administrator 
                                shall establish guidelines or standards 
                                to ensure that points-of-regulation 
                                shall be generally consistent across 
                                States;</DELETED>
                        <DELETED>    ``(vi) ensure that credits are 
                        used in accordance with permit requirements 
                        under the national pollutant discharge 
                        elimination system established under section 
                        402 and trade requirements have been adequately 
                        incorporated into the permits;</DELETED>
                        <DELETED>    ``(vii) ensure that private 
                        contracts between credit buyers and credit 
                        sellers contain adequate provisions to ensure 
                        enforceability under applicable law;</DELETED>
                        <DELETED>    ``(viii) establish procedures or 
                        standards for providing public transparency on 
                        nutrient trading activity;</DELETED>
                        <DELETED>    ``(ix) ensure that, if the local 
                        receiving water is impaired for the nutrient 
                        being traded but a TMDL has not yet been 
                        implemented for the impairment--</DELETED>
                                <DELETED>    ``(I) trades are required 
                                to result in progress toward or the 
                                attainment of water quality standards 
                                in the local receiving water; 
                                and</DELETED>
                                <DELETED>    ``(II) sources in the 
                                watershed may not rely on credits 
                                produced outside of the 
                                watershed;</DELETED>
                        <DELETED>    ``(x) require that the application 
                        of credits to meet regulatory requirements 
                        under this section not cause or contribute to 
                        exceedances of water quality standards, total 
                        maximum daily loads, or wasteload or load 
                        allocations for affected receiving waters, 
                        including avoidance of localized 
                        impacts;</DELETED>
                        <DELETED>    ``(xi) except as part of a consent 
                        agreement, prohibit the purchase of credits 
                        from any entity that is in significant 
                        noncompliance with an enforceable permit issued 
                        under section 402;</DELETED>
                        <DELETED>    ``(xii) consider and incorporate, 
                        to the maximum extent practicable, elements of 
                        State trading programs in existence as of the 
                        date of enactment of the Chesapeake Clean Water 
                        and Ecosystem Restoration Act of 2009; 
                        and</DELETED>
                        <DELETED>    ``(xiii) allow for, as 
                        appropriate, the aggregation and banking of 
                        credits by third parties.</DELETED>
                <DELETED>    ``(C) Facilitation of trading.--In order 
                to attract market participants and facilitate the cost-
                effective achievement of water-quality goals, the 
                Administrator shall ensure that the trading program 
                established under this paragraph--</DELETED>
                        <DELETED>    ``(i) includes measures to 
                        mitigate credit buyer risk;</DELETED>
                        <DELETED>    ``(ii) makes use of the best 
                        available science in order to minimize 
                        uncertainty and related transaction costs to 
                        traders, including the Administrator, in 
                        consultation with the Secretary of Agriculture, 
                        supporting research and other activities that 
                        increase the scientific understanding of 
                        nonpoint nutrient pollutant loading and the 
                        ability of various structural and nonstructural 
                        alternatives to reduce the loads;</DELETED>
                        <DELETED>    ``(iii) eliminates unnecessary or 
                        duplicative administrative processes; 
                        and</DELETED>
                        <DELETED>    ``(iv) incorporates a permitting 
                        approach under the national pollutant discharge 
                        elimination system established under section 
                        402 that allows trading to occur without 
                        requiring the reopening or reissuance of 
                        permits to incorporate individual 
                        trades.</DELETED>
        <DELETED>    ``(7) Authority relating to development.--The 
        Administrator shall--</DELETED>
                <DELETED>    ``(A) establish, for projects resulting in 
                impervious development, guidance relating to site 
                planning, design, construction, and maintenance 
                strategies to ensure that the land maintains 
                predevelopment hydrology with regard to the 
                temperature, rate, volume, and duration of 
                flow;</DELETED>
                <DELETED>    ``(B) establish model ordinances and 
                guidelines with respect to the construction of low-
                impact development infrastructure and nonstructural 
                low-impact development techniques for use by States, 
                local governments, and private entities; and</DELETED>
                <DELETED>    ``(C) not later than 180 days after 
                promulgation of the regulations under subsection 
                (j)(3)(B), issue such guidance, model ordinances, and 
                guidelines as are necessary to carry out this 
                paragraph.</DELETED>
        <DELETED>    ``(8) Assistance with respect to stormwater 
        discharges.--</DELETED>
                <DELETED>    ``(A) Grant program.--The Administrator 
                may provide grants to any local government within the 
                Chesapeake Bay watershed that adopts the guidance, 
                ordinances, and guidelines issued under paragraph 
                (7).</DELETED>
                <DELETED>    ``(B) Use of funds.--A grant provided 
                under subparagraph (A) may be used by a local 
                government to pay costs associated with--</DELETED>
                        <DELETED>    ``(i) developing, implementing, 
                        and enforcing the guidance, ordinances, and 
                        guidelines issued under paragraph (7); 
                        and</DELETED>
                        <DELETED>    ``(ii) implementing projects 
                        designed to reduce stormwater 
                        discharges.</DELETED>
        <DELETED>    ``(9) Consumer and commercial product report.--Not 
        later than 3 years after the date of enactment of the 
        Chesapeake Clean Water and Ecosystem Restoration Act of 2009, 
        the Administrator, in consultation with the Chesapeake 
        Executive Council, shall--</DELETED>
                <DELETED>    ``(A) review consumer and commercial 
                products, the use of which may affect the water quality 
                of the Chesapeake Bay watershed or associated 
                tributaries, to determine whether further product 
                nutrient content restrictions are necessary to restore 
                or maintain water quality in the Chesapeake Bay 
                watershed and those tributaries; and</DELETED>
                <DELETED>    ``(B) submit to the Committees on 
                Appropriations, Environment and Public Works, and 
                Commerce, Science, and Transportation of the Senate and 
                the Committees on Appropriations, Natural Resources, 
                Energy and Commerce, and Transportation and 
                Infrastructure of the House of Representatives a 
                product nutrient report detailing the findings of the 
                review under subparagraph (A).</DELETED>
<DELETED>    ``(l) Prohibition on Introduction of Asian Oysters.--Not 
later than 2 years after the date of enactment of the Chesapeake Clean 
Water and Ecosystem Restoration Act of 2009, the Administrator shall 
promulgate regulations--</DELETED>
        <DELETED>    ``(1) to designate the Asian oyster as a 
        `biological pollutant' in the Chesapeake Bay and tidal waters 
        pursuant to section 502;</DELETED>
        <DELETED>    ``(2) to prohibit the issuance of permits under 
        sections 402 and 404 for the discharge of the Asian oyster into 
        the Chesapeake Bay and tidal waters; and</DELETED>
        <DELETED>    ``(3) to specify conditions under which scientific 
        research on Asian oysters may be conducted within the 
        Chesapeake Bay and tidal waters.</DELETED>
<DELETED>    ``(m) Chesapeake Nutria Eradication Program.--</DELETED>
        <DELETED>    ``(1) Grant authority.--Subject to the 
        availability of appropriations, the Secretary of the Interior 
        (referred to in this subsection as the `Secretary'), may 
        provide financial assistance to the States of Delaware, 
        Maryland, and Virginia to carry out a program to implement 
        measures--</DELETED>
                <DELETED>    ``(A) to eradicate or control nutria; 
                and</DELETED>
                <DELETED>    ``(B) to restore marshland damaged by 
                nutria.</DELETED>
        <DELETED>    ``(2) Goals.--The continuing goals of the program 
        shall be--</DELETED>
                <DELETED>    ``(A) to eradicate nutria in the 
                Chesapeake Bay ecosystem; and</DELETED>
                <DELETED>    ``(B) to restore marshland damaged by 
                nutria.</DELETED>
        <DELETED>    ``(3) Activities.--In the States of Delaware, 
        Maryland, and Virginia, the Secretary shall require that the 
        program under this subsection consist of management, research, 
        and public education activities carried out in accordance with 
        the document published by the United States Fish and Wildlife 
        Service entitled `Eradication Strategies for Nutria in the 
        Chesapeake and Delaware Bay Watersheds', dated March 2002, or 
        any updates to the document.</DELETED>
<DELETED>    ``(n) Study on the Impacts of the Commercial Harvesting of 
Menhaden on the Water Quality of the Chesapeake Bay.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection:</DELETED>
                <DELETED>    ``(A) Fisheries commission.--The term 
                `Fisheries Commission' means the Atlantic States Marine 
                Fisheries Commission established under the interstate 
                compact consented to and approved by pursuant to the 
                Act of May 4, 1942 (56 Stat. 267, chapter 283) and the 
                Act of May 19, 1949 (63 Stat. 70, chapter 
                238).</DELETED>
                <DELETED>    ``(B) Fishing.--Except as otherwise 
                provided, the term `fishing'--</DELETED>
                        <DELETED>    ``(i) means--</DELETED>
                                <DELETED>    ``(I) the commercial 
                                catching, taking, or harvesting of 
                                menhaden, except when incidental to 
                                harvesting that occurs in the course of 
                                commercial or recreational fish-
                                catching activities directed at a 
                                species other than menhaden;</DELETED>
                                <DELETED>    ``(II) the attempted 
                                commercial catching, taking, or 
                                harvesting of menhaden; or</DELETED>
                                <DELETED>    ``(III) any operation at 
                                sea in support of, or in preparation 
                                for, any activity described in 
                                subclause (I) or (II); and</DELETED>
                        <DELETED>    ``(ii) does not include any 
                        scientific research authorized by the Federal 
                        Government or by any State 
                        government.</DELETED>
        <DELETED>    ``(2) Study.--Not later than 5 years after the 
        date of enactment of the Chesapeake Clean Water and Ecosystem 
        Restoration Act of 2009, building on the research underway or 
        conducted under the oversight of the National Oceanic and 
        Atmospheric Administration, the Administrator, in cooperation 
        and consultation with the Administrator of the National Oceanic 
        and Atmospheric Administration and the Fisheries Commission, 
        shall conduct and submit to Congress a study for the purposes 
        of determining--</DELETED>
                <DELETED>    ``(A) progress toward understanding the 
                structure of the menhaden population of the Atlantic 
                Coast of the United States and of the Chesapeake 
                Bay;</DELETED>
                <DELETED>    ``(B) the role of the population as filter 
                feeders, including the role of the population with 
                respect to impacting water clarity, dissolved oxygen 
                levels, and other ecosystem functions;</DELETED>
                <DELETED>    ``(C) the role of the population as prey 
                species for predatory fish in the Chesapeake Bay and in 
                coastal ecosystems;</DELETED>
                <DELETED>    ``(D) the impact on the Atlantic coastal 
                and Chesapeake Bay ecosystems of fishing for 
                menhaden;</DELETED>
                <DELETED>    ``(E) the impact on attainment of the 
                water quality goals of this Act of commercial fishing 
                for menhaden; and</DELETED>
                <DELETED>    ``(F) the recommendations of the 
                Administrator, if any, for future sustainable 
                management of such fishing and additional research 
                needed to fully address the progress, roles, and 
                impacts described in this paragraph.</DELETED>
<DELETED>    ``(o) Effect on Other Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--Nothing in this section removes 
        or otherwise affects any other obligation for a point source to 
        comply with other applicable requirements under this 
        Act.</DELETED>
        <DELETED>    ``(2) Violations by states.--The failure of a 
        State to submit a watershed implementation plan or biennial 
        report, or to correct a previously missed 2-year commitment 
        made in a watershed implementation plan, by the applicable 
        deadline established under this section shall--</DELETED>
                <DELETED>    ``(A) constitute a violation of this Act; 
                and</DELETED>
                <DELETED>    ``(B) subject the State to--</DELETED>
                        <DELETED>    ``(i) enforcement action by the 
                        Administrator; and</DELETED>
                        <DELETED>    ``(ii) civil actions commenced 
                        pursuant to section 505.</DELETED>
        <DELETED>    ``(3) Failure of administrator to act.--The 
        failure of the Administrator to act under this section shall 
        subject the Administrator to civil actions commenced pursuant 
        to section 505.</DELETED>
<DELETED>    ``(p) Evaluation by the Inspector General.--The Inspector 
General of the Environmental Protection Agency shall evaluate the 
implementation of this section on a periodic basis of not less than 
once every 3 years.</DELETED>
<DELETED>    ``(q) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) Implementation and monitoring grants.--
        </DELETED>
                <DELETED>    ``(A) Authorization of appropriations.--In 
                addition to amounts authorized to be appropriated or 
                otherwise made available to carry out this section, 
                there are authorized to be appropriated to the 
                Administrator--</DELETED>
                        <DELETED>    ``(i) to provide implementation 
                        grants under subsection (e)(3)(A), $80,000,000 
                        for each of fiscal years 2010 through 2015, to 
                        remain available until expended;</DELETED>
                        <DELETED>    ``(ii) to carry out a freshwater 
                        monitoring program under subsection (e)(3)(B), 
                        $5,000,000 for each of fiscal years 2010 
                        through 2015; and</DELETED>
                        <DELETED>    ``(iii) to carry out a Chesapeake 
                        Bay and tidal water monitoring program under 
                        subsection (e)(3)(B), $5,000,000 for each of 
                        fiscal years 2010 through 2015.</DELETED>
                <DELETED>    ``(B) Cost-sharing.--The Federal share of 
                the cost of a program carried out using funds from a 
                grant provided--</DELETED>
                        <DELETED>    ``(i) under subparagraph (A)(i) 
                        shall not exceed 50 percent; and</DELETED>
                        <DELETED>    ``(ii) under clause (ii) or (iii) 
                        of subparagraph (A) shall not exceed 80 
                        percent.</DELETED>
        <DELETED>    ``(2) Chesapeake stewardship grants.--There is 
        authorized to be appropriated to carry out subsection (h)(2) 
        $15,000,000 for each of fiscal years 2010 through 
        2014.</DELETED>
        <DELETED>    ``(3) Storm water pollution planning and 
        implementation grants.--</DELETED>
                <DELETED>    ``(A) Authorization of appropriations.--In 
                addition to amounts authorized or otherwise made 
                available to carry out this section, there are 
                authorized to be appropriated to the Administrator--
                </DELETED>
                        <DELETED>    ``(i) to carry out subsection 
                        (k)(8)(B)(i), $10,000,000; and</DELETED>
                        <DELETED>    ``(ii) to carry out subsection 
                        (k)(8)(B)(ii), $1,500,000,000.</DELETED>
                <DELETED>    ``(B) Cost-sharing.--A grant provided for 
                a project under--</DELETED>
                        <DELETED>    ``(i) subsection (k)(8)(B)(i) may 
                        not be used to cover more than 80 percent of 
                        the cost of the project; and</DELETED>
                        <DELETED>    ``(ii) subsection (k)(8)(B)(ii) 
                        may not be used to cover more than 75 percent 
                        of the cost of the project.</DELETED>
        <DELETED>    ``(4) Nutria eradication grants.--</DELETED>
                <DELETED>    ``(A) In general.--There is authorized to 
                be appropriated to the Secretary of the Interior to 
                provide financial assistance in the Chesapeake Bay 
                watershed under subsection (m) $4,000,000 for each of 
                fiscal years 2010 through 2015.</DELETED>
                <DELETED>    ``(B) Cost-sharing.--</DELETED>
                        <DELETED>    ``(i) Federal share.--The Federal 
                        share of the cost of carrying out the program 
                        under subsection (m) may not exceed 75 percent 
                        of the total costs of the program.</DELETED>
                        <DELETED>    ``(ii) In-kind contributions.--The 
                        non-Federal share of the cost of carrying out 
                        the program under subsection (m) may be 
                        provided in the form of in-kind contributions 
                        of materials or services.</DELETED>
        <DELETED>    ``(5) Limitation on administrative expenses.--Not 
        more than 10 percent of the annual amount of any grant provided 
        by the Administrator or Secretary under any program described 
        in paragraph (1), (2), (3), or (4) may be used for 
        administrative expenses.</DELETED>
        <DELETED>    ``(6) Availability.--Amounts authorized to be 
        appropriated under this subsection shall remain available until 
        expended.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Clean Water and Ecosystem 
Restoration Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Chesapeake Bay and the tributary waters of the 
        Chesapeake Basin are natural resources of outstanding 
        ecological, economic, and cultural importance to the United 
        States;
            (2) for more than 20 years, the Federal Government and the 
        States of Maryland, Pennsylvania, and Virginia, the District of 
        Columbia, the Chesapeake Bay Commission, and various local 
        government, scientific, and citizen advisory boards have worked 
        through the Chesapeake Basin Program of the Environmental 
        Protection Agency to develop an unparalleled body of scientific 
        information and cooperative partnerships to advance the 
        Chesapeake Bay restoration effort;
            (3) pursuant to a memorandum of understanding executed 
        among the States of Delaware and New York in 2000, and the 
        State of West Virginia in 2002, those States began formal 
        participation in the Chesapeake Basin Program water quality 
        restoration effort;
            (4) despite significant efforts by Federal, State, and 
        local governments and other interested parties, water pollution 
        in the Chesapeake Bay--
                    (A) prevents the attainment of existing State water 
                quality standards and the ecological goals of the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.); and
                    (B) therefore, requires the development and 
                implementation of a total maximum daily load under 
                section 303(d) of that Act (33 U.S.C. 1313(d));
            (5) a primary reason for the schedule to develop a 
        Chesapeake Bay total maximum daily load is the Virginia total 
        maximum daily load consent decree dated 1999, which settled the 
        civil action styled American Canoe Ass'n, Inc. v. EPA, Civil 
        No. 98-979-A (E.D. Va.), under which the Environmental 
        Protection Agency must establish a Chesapeake Bay total maximum 
        daily load by not later than May 1, 2011;
            (6) the principals' staff committee of the Chesapeake Basin 
        Program, consisting of officials from each Chesapeake Bay 
        State, the District of Columbia, the Chesapeake Bay Commission, 
        and the Environmental Protection Agency, has requested a 
        slightly accelerated schedule, under which the Environmental 
        Protection Agency should complete a Chesapeake Bay total 
        maximum daily load by not later than December 31, 2010;
            (7) the Chesapeake Bay total maximum daily load will 
        address all segments of the Chesapeake Bay and tidal 
        tributaries that are identified on the currently applicable 
        lists of waters impaired by nitrogen, phosphorus, and sediment 
        of Chesapeake Bay States under section 303(d) of the Federal 
        Water Pollution Control Act (33 U.S.C. 1313(d));
            (8) the Chesapeake Basin Program partnership has developed 
        a rich body of environmental data based on an extensive network 
        of monitors, which provide a critical measure of success in 
        attainment of the goals of the restoration effort;
            (9) the Chesapeake Basin Program partnership has also 
        developed some of the world's foremost water quality and 
        ecosystem computer models, which are invaluable planning tools 
        for resource managers;
            (10) the major pollutants affecting the water quality of 
        the Chesapeake Bay and related tidal waters are nitrogen, 
        phosphorus, and sediment;
            (11) the largest developed land use in the Chesapeake 
        Basin, and 1 of the largest single-sector source of nitrogen, 
        phosphorus, and sediment pollution, is agriculture;
            (12) conservation practices have resulted in significant 
        reductions in pollution loads from the agricultural sector;
            (13) to speed continued progress in the agricultural 
        sector, the Federal Government and State governments have 
        initiated a number of agricultural conservation programs, 
        including the Chesapeake Bay watershed initiative under section 
        1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4);
            (14) atmospheric deposition of nitrogen oxides and ammonia 
        on the Chesapeake Basin contributes as much as \1/3\ of the 
        nitrogen pollution in the Chesapeake Bay;
            (15) the Clean Air Act (42 U.S.C. 7401 et seq.) has proven 
        to be an effective tool in reducing a number of air pollutants, 
        including air pollutants that result in the deposition of 
        nitrogen in the waters and landscape of the Chesapeake Basin;
            (16) final regulations under the Clean Air Act (42 U.S.C. 
        7401 et seq.) relating to stationary, local area, and mobile 
        sources of air pollution are expected to result in continuous 
        reductions in the deposition of nitrogen in the Chesapeake 
        Basin that improves air and water quality;
            (17) for years, a steady stream of technology development, 
        increasingly stringent permit requirements, and multibillion 
        dollar investment at wastewater treatment plants in the 
        Chesapeake Basin States have resulted in a steady decline in 
        the nitrogen and phosphorus pollution derived from wastewater 
        treatment plants in the Chesapeake Basin;
            (18) polluted stormwater runoff from existing and new 
        suburban and urban development is the only major source of 
        pollution in the watershed that is increasing;
            (19) during the period beginning in 1990 and ending in 
        2000, impervious cover, the hardened surfaces through which 
        water cannot penetrate, increased more rapidly than population 
        growth;
            (20) during that period, the watershed population of the 
        Chesapeake Basin grew by an average of 10 percent;
            (21) the population of the watershed is estimated to be 
        growing by about 157,000 people per year;
            (22) continuing at that rate, the population will increase 
        to nearly 20,000,000 by 2030;
            (23) overall, approximately 58 percent of the watershed of 
        the Chesapeake Bay is undeveloped and mostly forested, but as 
        many as 100 hundred acres of forest are lost to development 
        each day;
            (24) States, local governments, developers, and nonprofit 
        organizations have developed numerous low-impact development 
        techniques since the late 1990s, which use natural area 
        protection, infiltration, and pervious surfaces to reduce 
        stormwater runoff and associated sediment and nutrient 
        pollution;
            (25) urban and suburban redevelopment--
                    (A) are additional techniques for reducing 
                stormwater impacts; and
                    (B) generate less total stormwater runoff and less 
                runoff per housing unit because those techniques--
                            (i) help absorb the demand for new homes 
                        and businesses;
                            (ii) use less land area; and
                            (iii) do not displace currently natural, 
                        agricultural, or open space land uses that act 
                        as stormwater filters;
            (26) many of those techniques are less expensive than 
        traditional stormwater pollution control management techniques 
        and, combined with more traditional techniques, have greatly 
        reduced the polluted runoff from new projects;
            (27) the decline of key aquatic habitats and species has 
        resulted in a loss of the important water quality benefits that 
        the habitats and species traditionally provided;
            (28) native oysters, the numbers of which have declined 
        precipitously in the Chesapeake Bay in significant part because 
        of diseases brought into the watershed by nonnative oysters, 
        are natural filters that once effectively filtered a volume of 
        water equivalent to that of the entire Chesapeake Bay in a 
        matter of days;
            (29) although less well-understood, menhaden, a species of 
        fish found in the Chesapeake Bay, also provide important 
        ecosystem functions;
            (30) wetlands and floodplains are vital parts of the 
        Chesapeake Basin ecosystem, and wetlands in the headwaters of a 
        watershed, through their water holding capabilities, can 
        substantially reduce flood peaks and downstream erosion;
            (31) studies have demonstrated that nontidal wetlands near 
        the Chesapeake Bay removed as much as 89 percent of the 
        nitrogen and 80 percent of the phosphorus that entered the 
        wetlands through upland runoff, groundwater, and precipitation;
            (32) riparian forests remove as much as 90 percent of 
        nitrogen and phosphorus that would otherwise enter the water;
            (33) the loss of forests and wetlands in the Chesapeake 
        Basin has resulted in diminished water quality, loss of 
        underwater bay grasses, and a decline in the quantity of 
        wildlife, fish, and other aquatic species, among other effects;
            (34)(A) the Chesapeake Basin supports more than 3,600 plant 
        and animal species, including waterfowl, and commercially and 
        recreationally important fisheries; and
            (B) restoration and protection of those living resources--
                    (i) is important for ecological health, recreation, 
                and tourism; and
                    (ii) provides diverse economic benefits for local 
                communities;
            (35)(A) less than 2 percent of the 11,700 miles of 
        shoreline of the tidal Chesapeake Bay is accessible to the 
        public;
            (B) with the population of the Chesapeake Basin increasing 
        and development converting land to roads and subdivisions, that 
        accessibility is decreasing;
            (C) there exists a similar access gap to nontidal rivers 
        and streams throughout the Chesapeake Basin; and
            (D) it is critical to increase and enhance public access 
        opportunities for fishing, hunting, boating, and other 
        recreational pursuits as part of comprehensive ecosystem 
        restoration efforts;
            (36) in certain locations in the Chesapeake Basin, nutria, 
        a nonnative species, have caused extensive destruction of key 
        wetlands;
            (37) activities relating to commercial shipping and 
        recreational boating can adversely influence water quality;
            (38) the Chesapeake Bay is a multibillion dollar economic 
        force for the mid-Atlantic region;
            (39) the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.) provides for State leadership in protecting and 
        restoring United States waters, with the Environmental 
        Protection Agency providing guidance, technical and financial 
        assistance, and oversight;
            (40) the Department of Agriculture--
                    (A) has developed a rich body of approved 
                conservation practices for farms and ranchlands;
                    (B) provides critical technical assistance to 
                producers; and
                    (C) continues to play a critical role in sustaining 
                the agricultural economy of the nation while also 
                improving the stewardship of the lands and waters of 
                the United States; and
            (41) in spite of the achievements of the Chesapeake Basin 
        Program partnership and increasing knowledge about ecosystem 
        functions, the restoration of the Chesapeake Bay will require 
        significantly stronger tools to manage pollution levels and 
        other impediments to water quality.

SEC. 3. CHESAPEAKE BASIN PROGRAM.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended to read as follows:

``SEC. 117. CHESAPEAKE BASIN PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrative cost.--The term `administrative cost' 
        means the cost of salaries and fringe benefits incurred in 
        administering a grant under this section.
            ``(2) Asian oyster.--The term `Asian oyster' means the 
        species Crassostrea ariakensis.
            ``(3) Baseline.--The term `baseline'--
                    ``(A) means the basic standard or level of the 
                nutrient control requirements a credit seller shall 
                achieve to be eligible to generate saleable nutrient 
                credits; and
                    ``(B) consists of the nutrient load reductions 
                required of individual sources to meet water quality 
                standards and load or waste load allocations under all 
                applicable total maximum daily loads and watershed 
                implementation plans.
            ``(4) Basin commissions.--The term `basin commissions' 
        means--
                    ``(A) the Interstate Commission on the Potomac 
                River Basin established under the interstate compact 
                consented to and approved by Congress under the Joint 
                Resolution of July 11, 1940 (54 Stat. 748, chapter 579) 
                and Public Law 91-407 (84 Stat. 856);
                    ``(B) the Susquehanna River Basin Commission 
                established under the interstate compact consented to 
                and approved by Congress under Public Law 91-575 (84 
                Stat. 1509) and Public Law 99-468 (100 Stat. 1193); and
                    ``(C) the Chesapeake Bay Commission, a tri-State 
                legislative assembly representing Maryland, Virginia, 
                and Pennsylvania created in 1980 to coordinate Bay-
                related policy across State lines and to develop shared 
                solutions.
            ``(5) Chesapeake basin.--The term `Chesapeake Basin' 
        means--
                    ``(A) the Chesapeake Bay; and
                    ``(B) the area consisting of 19 tributary basins 
                within the Chesapeake Basin States through which 
                precipitation drains into the Chesapeake Bay.
            ``(6) Chesapeake basin ecosystem.--The term `Chesapeake 
        Basin ecosystem' means the ecosystem of the Chesapeake Basin.
            ``(7) Chesapeake basin program.--The term `Chesapeake Basin 
        Program' means the program, formerly known as the `Chesapeake 
        Bay Program', directed by the Chesapeake Executive Council in 
        accordance with the Chesapeake Bay Agreement (including any 
        successor programs).
            ``(8) Chesapeake basin state.--The term `Chesapeake Basin 
        State' means any of--
                    ``(A) the States of Delaware, Maryland, New York, 
                Pennsylvania, Virginia, and West Virginia; or
                    ``(B) the District of Columbia.
            ``(9) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements executed to 
        achieve the goal of restoring and protecting the Chesapeake 
        Basin ecosystem and the living resources of the Chesapeake 
        Basin ecosystem and signed by the Chesapeake Executive Council.
            ``(10) Chesapeake bay tidal segment.--The term `Chesapeake 
        Bay tidal segment' means any of the 92 tidal segments that--
                    ``(A) make up the Chesapeake Bay; and
                    ``(B) are identified by a Chesapeake Basin State 
                pursuant to section 303(d).
            ``(11) Chesapeake bay tmdl.--
                    ``(A) In general.--The term `Chesapeake Bay TMDL' 
                means the total maximum daily load (including any 
                revision) established or approved by the Administrator 
                for nitrogen, phosphorus, and sediment loading to the 
                waters in the Chesapeake Bay and the Chesapeake Bay 
                tidal segments.
                    ``(B) Inclusions.--The term `Chesapeake Bay TMDL' 
                includes nitrogen, phosphorus, and sediment allocations 
                in temporal units of greater-than-daily duration, if 
                the allocations--
                            ``(i) are demonstrated to achieve water 
                        quality standards; and
                            ``(ii) do not lead to violations of other 
                        applicable water quality standards for local 
                        receiving waters.
            ``(12) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(13) Cleaning agent.--The term `cleaning agent' means a 
        laundry detergent, dishwashing compound, household cleaner, 
        metal cleaner, degreasing compound, commercial cleaner, 
        industrial cleaner, phosphate compound, or other substance that 
        is intended to be used for cleaning purposes.
            ``(14) Credit.--The term `credit' means a unit provided for 
        1 pound per year of nitrogen, phosphorus, or sediment that is--
                    ``(A) delivered to the tidal portion of the 
                Chesapeake Bay; and
                    ``(B) eligible to be sold under the trading 
                programs established by this section.
            ``(15) Director.--The term `director' means the Director of 
        the Chesapeake Basin Program Office of the Environmental 
        Protection Agency.
            ``(16) Local government.--The term `local government' means 
        any county, city, or other general purpose political 
        subdivision of a State with jurisdiction over land use.
            ``(17) Menhaden.--The term `menhaden' means members of 
        stocks or populations of the species Brevoortia tyrannus.
            ``(18) Nutria.--The term `nutria' means the species 
        Myocaster coypus.
            ``(19) Offset.--The term `offset' means a reduction of 
        loading of nitrogen, phosphorous, or sediment, as applicable, 
        in a manner that ensures that the net loading reaching the 
        Chesapeake Bay and the Chesapeake Bay tidal segments from a 
        source--
                    ``(A) does not increase; or
                    ``(B) is reduced.
            ``(20) Signatory jurisdiction.--The term `signatory 
        jurisdiction' means a jurisdiction of a signatory to the 
        Chesapeake Bay Agreement.
            ``(21) Tributary basin.--The term `tributary basin' means 
        an area of land or body of water that--
                    ``(A) drains into any of the 19 Chesapeake Bay 
                tributaries or tributary segments; and
                    ``(B) is managed through watershed implementation 
                plans under this Act.
    ``(b) Renaming and Continuation of Chesapeake Bay Program.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council (and as a member of the Council), the 
        Administrator shall--
                    ``(A) rename the Chesapeake Bay Program, as in 
                existence on the date of enactment of the Chesapeake 
                Clean Water and Ecosystem Restoration Act, as the 
                `Chesapeake Basin Program'; and
                    ``(B) continue to carry out the Chesapeake Basin 
                Program.
            ``(2) Meetings.--
                    ``(A) In general.--The Chesapeake Executive Council 
                shall meet not less frequently than once each year.
                    ``(B) Open to public.--
                            ``(i) In general.--Subject to clause (ii), 
                        a meeting of the Chesapeake Executive Council 
                        shall be held open to the public.
                            ``(ii) Exception.--The Chesapeake Executive 
                        Council may hold executive sessions that are 
                        closed to the public.
            ``(3) Program office.--
                    ``(A) In general.--The Administrator shall maintain 
                in the Environmental Protection Agency a Chesapeake 
                Basin Program Office.
                    ``(B) Function.--The Chesapeake Basin Program 
                Office shall provide support to the Chesapeake 
                Executive Council by--
                            ``(i) implementing and coordinating 
                        science, research, modeling, support services, 
                        monitoring, data collection, and other 
                        activities that support the Chesapeake Basin 
                        Program;
                            ``(ii) developing and making available, 
                        through publications, technical assistance, and 
                        other appropriate means, information pertaining 
                        to the environmental quality and living 
                        resources of the Chesapeake Basin ecosystem;
                            ``(iii) in cooperation with appropriate 
                        Federal, State, and local authorities, 
                        assisting the signatories to the Chesapeake Bay 
                        Agreement in developing and implementing 
                        specific action plans to carry out the 
                        responsibilities of the signatories to the 
                        Chesapeake Bay Agreement;
                            ``(iv) coordinating the actions of the 
                        Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies to--
                                    ``(I) improve the water quality and 
                                living resources in the Chesapeake 
                                Basin ecosystem; and
                                    ``(II) obtain the support of the 
                                appropriate officials of the agencies 
                                and authorities in achieving the 
                                objectives of the Chesapeake Bay 
                                Agreement; and
                            ``(v) implementing outreach programs for 
                        public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Chesapeake Basin.
    ``(c) Interagency Agreements.--The Administrator may enter into an 
interagency agreement with a Federal agency to carry out this section.
    ``(d) Technical Assistance and Assistance Grants.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council, the Administrator may provide technical 
        assistance, and assistance grants, to soil conservation 
        districts, nonprofit organizations, State and local 
        governments, basin commissions, and institutions of higher 
        education to carry out this section, subject to such terms and 
        conditions as the Administrator considers appropriate.
            ``(2) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of an assistance 
                grant provided under paragraph (1) shall be determined 
                by the Administrator in accordance with guidance issued 
                by the Administrator.
                    ``(B) Chesapeake basin stewardship grants 
                program.--The Federal share of an assistance grant 
                provided under paragraph (1) to carry out an 
                implementing activity under subsection (h)(2) shall not 
                exceed 75 percent of eligible project costs, as 
                determined by the Administrator.
            ``(3) Non-federal share.--An assistance grant under 
        paragraph (1) shall be provided on the condition that non-
        Federal sources provide the remainder of eligible project 
        costs, as determined by the Administrator.
            ``(4) Nutrient trading guarantee pilot program.--The 
        project manager of the Chesapeake nutrient trading guarantee 
        program established under subsection (e)(1)(D) shall be 
        eligible to receive technical assistance or technical 
        assistance grants under this subsection.
    ``(e) Implementation, Monitoring, and Centers of Excellence 
Grants.--
            ``(1) Grants.--
                    ``(A) Implementation grants.--The Administrator 
                shall make an implementation grant to the Chesapeake 
                Basin State, or a designee of a Chesapeake Basin State 
                (including a soil conservation district, nonprofit 
                organization, local government, institution of higher 
                education, basin commission, or interstate agency), for 
                the purposes of implementing an approved watershed 
                implementation plan of the Chesapeake Basin State under 
                subsection (i) and achieving the goals established 
                under the Chesapeake Bay Agreement, subject to such 
                terms and conditions as the Administrator considers to 
                be appropriate.
                    ``(B) Monitoring grants.--The Administrator may 
                make a monitoring grant to--
                            ``(i) a Chesapeake Basin State, designee of 
                        a Chesapeake Basin State, soil conservation 
                        district, nonprofit organization, local 
                        government, institution of higher education, or 
                        basin commission for the purpose of monitoring 
                        the ecosystem of freshwater tributaries to the 
                        Chesapeake Bay; or
                            ``(ii) any of the States of Delaware, 
                        Maryland, or Virginia (or a designee), the 
                        District of Columbia (or a designee), nonprofit 
                        organization, local government, institution of 
                        higher education, or interstate agency for the 
                        purpose of monitoring the Chesapeake Bay, 
                        including the tidal waters of the Chesapeake 
                        Bay.
                    ``(C) Centers of excellence grants.--The 
                Administrator, in consultation with the Secretary of 
                Agriculture, may make grants to institutions of higher 
                education, consortia of such institutions, or public, 
                non-affiliated nonprofit organizations for the purpose 
                of establishing and supporting centers of excellence 
                for water quality and agricultural practices--
                            ``(i) to develop new technologies and 
                        innovative policies and practices for 
                        agricultural producers to reduce nitrogen, 
                        phosphorous, and sediment pollution;
                            ``(ii) to quantify the expected load 
                        reductions of those pollutants to be achieved 
                        in the Chesapeake Basin through the 
                        implementation of current and newly developed 
                        technologies, policies, and practices; and
                            ``(iii) to provide to the Administrator and 
                        the Secretary recommendations for--
                                    ``(I) the widespread deployment of 
                                those technologies, policies, and 
                                practices among agricultural producers; 
                                and
                                    ``(II) the application of those 
                                technologies, policies, and practices 
                                in Chesapeake Basin computer models.
                    ``(D) Chesapeake nutrient trading guarantee pilot 
                program.--
                            ``(i) In general.--The Administrator, in 
                        consultation with the Chesapeake Basin States 
                        and the Secretary of Agriculture, shall 
                        establish a Chesapeake nutrient trading 
                        guarantee pilot program (referred to in this 
                        subparagraph as the `guarantee pilot program') 
                        to support the interstate trading program 
                        established under subsection (j)(6).
                            ``(ii) Purposes.--The purposes of the 
                        guarantee pilot program are--
                                    ``(I) to develop innovative 
                                policies and practices to more 
                                efficiently and effectively implement 
                                best management practices, primarily on 
                                agricultural land;
                                    ``(II) to leverage public funding 
                                to raise private capital to accelerate 
                                the restoration of the Chesapeake Bay 
                                by providing a Federal guarantee on 
                                nutrient credit purchases; and
                                    ``(III) to support nutrient trading 
                                throughout the Chesapeake Basin.
                            ``(iii) Project manager.--
                                    ``(I) In general.--The 
                                Administrator shall designate a project 
                                manager to carry out the guarantee 
                                pilot program.
                                    ``(II) Qualifications.--The project 
                                manager shall be an institution of 
                                higher education, a nonprofit 
                                organization, or a basin commission 
                                that--
                                            ``(aa) demonstrates 
                                        thorough knowledge and 
                                        understanding of best 
                                        management practices that 
                                        result in nutrient reductions 
                                        in the Chesapeake Basin;
                                            ``(bb) demonstrates 
                                        thorough knowledge and 
                                        understanding of the Chesapeake 
                                        watershed computer model of the 
                                        Environmental Protection 
                                        Agency;
                                            ``(cc) demonstrates 
                                        thorough knowledge and 
                                        understanding of the relevant 
                                        environmental regulations 
                                        relating to the Chesapeake 
                                        Basin;
                                            ``(dd) has a demonstrated 
                                        history of discharging 
                                        fiduciary responsibilities with 
                                        transparency and in accordance 
                                        with all applicable accounting 
                                        standards; and
                                            ``(ee) has relevant 
                                        experience with pollution 
                                        offsets and transactions 
                                        involving pollution offsets.
                                    ``(III) Duties.--
                                            ``(aa) In general.--The 
                                        project manager shall provide 
                                        guarantees to purchasers of 
                                        nutrient credits under the 
                                        interstate trading program 
                                        established under subsection 
                                        (j)(6).
                                            ``(bb) Managerial duties.--
                                        In carrying out the guarantee 
                                        pilot program, the project 
                                        manager shall--

                                                    ``(AA) identify 
                                                best management 
                                                practices that result 
                                                in the greatest 
                                                reduction in pollution 
                                                levels;

                                                    ``(BB) establish 
                                                offset metrics for 
                                                calculation, 
                                                verification, and 
                                                monitoring protocols in 
                                                collaboration with 
                                                Federal and State 
                                                programs;

                                                    ``(CC) manage and 
                                                oversee project 
                                                verification and 
                                                monitoring processes;

                                                    ``(DD) establish 
                                                procedures that 
                                                minimize transaction 
                                                costs and eliminate 
                                                unnecessary or 
                                                duplicative 
                                                administrative 
                                                processes;

                                                    ``(EE) take 
                                                ownership of the 
                                                nutrient reduction 
                                                offsets from any 
                                                private funding source 
                                                for an activity carried 
                                                out under this 
                                                subparagraph;

                                                    ``(FF) enter into 
                                                agreements with private 
                                                funding sources that 
                                                enable a private 
                                                funding source, at the 
                                                conclusion of a 
                                                project, to sell the 
                                                verified nutrient 
                                                reduction offset to the 
                                                program manager at an 
                                                agreed upon price, or 
                                                to sell the verified 
                                                nutrient reduction 
                                                offsets; and

                                                    ``(GG) manage the 
                                                Chesapeake Nutrient 
                                                Trading Guarantee Fund.

                            ``(iv) Credit purchaser requirements.--As a 
                        condition of receiving a guarantee under this 
                        subparagraph, a purchaser shall comply with--
                                    ``(I) the regulations promulgated 
                                by the Administrator under subsection 
                                (j)(6);
                                    ``(II) any application procedure 
                                that the Administrator, in consultation 
                                with the project manager, determines to 
                                be necessary; and
                                    ``(III) any other applicable laws 
                                (including regulations).
                            ``(v) Termination.--The guarantee pilot 
                        program shall terminate on the date that is 5 
                        years after the date of the establishment of 
                        the interstate trading program under subsection 
                        (j)(6).
                            ``(vi) Reports.--
                                    ``(I) In general.--The project 
                                manager shall--
                                            ``(aa) ensure public 
                                        transparency for all nutrient 
                                        trading activities through a 
                                        publicly available trading 
                                        registry; and
                                            ``(bb) submit an annual 
                                        report to the Administrator, 
                                        the Committee on Environment 
                                        and Public Works of the Senate, 
                                        and the Committee on 
                                        Transportation and 
                                        Infrastructure of the House of 
                                        Representatives.
                                    ``(II) Contents.--A report under 
                                subclause (I)(bb) shall include a 
                                description of--
                                            ``(aa) the activities 
                                        funded by the guarantee pilot 
                                        program;
                                            ``(bb) the nutrient 
                                        reductions achieved by each 
                                        project carried out under the 
                                        guarantee pilot program;
                                            ``(cc) the efficiency of 
                                        each project carried out under 
                                        the guarantee pilot program, 
                                        measured in pounds of pollution 
                                        reduced per dollar expended;
                                            ``(dd) the total quantity 
                                        of nitrogen, phosphorus, and 
                                        sediment reduced; and
                                            ``(ee) the total amount of 
                                        private funds leveraged.
                    ``(E) Chesapeake nutrient trading guarantee fund.--
                            ``(i) Establishment of fund.--There is 
                        established in the Treasury of the United 
                        States a fund to be known as the `Chesapeake 
                        Nutrient Trading Guarantee Fund' (referred to 
                        in this subparagraph as the `Fund'), to be 
                        administered by the Administrator, to be 
                        available for 5 years after the date of the 
                        establishment of the interstate trading program 
                        under subsection (j)(6) and subject to 
                        appropriation, for the purposes described in 
                        subparagraph (D)(ii).
                            ``(ii) Transfers to fund.--The Fund shall 
                        consist of such amounts as are appropriated to 
                        the Fund under subsection (p)(2)(v).
                            ``(iii) Prohibition.--Amounts in the Fund 
                        may not be made available for any purpose other 
                        than a purpose described in clause (i).
                            ``(iv) Termination.--Subject to clause (v), 
                        the Fund shall terminate on the date that is 5 
                        years after the date of establishment of the 
                        interstate trading program under subsection 
                        (j)(6).
                            ``(v) Unobligated amounts.--On the 
                        termination of the Fund, the Administrator 
                        shall--
                                    ``(I) require the return of any 
                                unobligated amounts in the Fund to the 
                                Secretary of the Treasury; or
                                    ``(II) reauthorize the use of the 
                                Fund for the purposes described in 
                                clause (i).
                            ``(vi) Annual reports.--
                                    ``(I) In general.--Not later than 
                                60 days after the end of each fiscal 
                                year beginning with the first fiscal 
                                year after the date of the 
                                establishment of the interstate trading 
                                program under subsection (j)(6), the 
                                Administrator shall submit to the 
                                Committee on Appropriations of the 
                                House of Representatives, the Committee 
                                on Appropriations of the Senate, the 
                                Committee on Environment and Public 
                                Works of the Senate, and the Committee 
                                on Transportation and Infrastructure of 
                                the House of Representatives a report 
                                on the operation of the Fund during the 
                                fiscal year.
                                    ``(II) Contents.--Each report shall 
                                include, for the fiscal year covered by 
                                the report, the following:
                                            ``(aa) A statement of the 
                                        amounts deposited in the Fund.
                                            ``(bb) A description of the 
                                        expenditures made from the Fund 
                                        for the fiscal year, including 
                                        the purpose of the 
                                        expenditures.
                                            ``(cc) Recommendations for 
                                        additional authorities to 
                                        fulfill the purpose of the 
                                        Fund.
                                            ``(dd) A statement of the 
                                        balance remaining in the Fund 
                                        at the end of the fiscal year.
            ``(2) Administration.--
                    ``(A) In general.--Subject to subparagraph (C), in 
                making implementation grants to each of the Chesapeake 
                Basin States for a fiscal year under this subsection, 
                the Administrator shall ensure that not less than--
                            ``(i) 10 percent of the funds available to 
                        make such grants are made to the States of 
                        Delaware, New York, and West Virginia (or 
                        designees of those States); and
                            ``(ii) 20 percent of the funds available to 
                        make such grants are made to States (or 
                        designees of the States) for the sole purpose 
                        of providing technical assistance to 
                        agricultural producers and forest owners to 
                        access conservation programs and other 
                        resources devoted to improvements in, and 
                        protection of, water quality in the Chesapeake 
                        Bay and the tributaries of the Chesapeake Bay, 
                        in accordance with subparagraph (B).
                    ``(B) Technical assistance.--A State (or designees 
                of a State) may use any soil conservation district, 
                nonprofit organization, private sector vendor, or other 
                appropriately qualified provider to deliver technical 
                assistance to agricultural producers and forest owners 
                under subparagraph (A)(ii).
                    ``(C) Nonapplicability to dc.--This paragraph shall 
                not apply to any implementation grant provided to the 
                District of Columbia.
            ``(3) Proposals.--
                    ``(A) Implementation grants.--
                            ``(i) In general.--A Chesapeake Basin State 
                        described in paragraph (1) may apply for a 
                        grant under this subsection for a fiscal year 
                        by submitting to the Administrator a 
                        comprehensive proposal to implement programs 
                        and achieve the goals established under the 
                        Chesapeake Bay Agreement.
                            ``(ii) Implementation grant contents.--A 
                        proposal under clause (i) shall include--
                                    ``(I) a description of the proposed 
                                actions that the Chesapeake Basin State 
                                commits to take within a specified time 
                                period, including 1 or more of actions 
                                that are designed--
                                            ``(aa) to achieve and 
                                        maintain all applicable water 
                                        quality standards, including 
                                        standards necessary to support 
                                        the aquatic living resources of 
                                        the Chesapeake Bay and related 
                                        tributaries and to protect 
                                        human health;
                                            ``(bb) to restore, enhance, 
                                        and protect the finfish, 
                                        shellfish, waterfowl, and other 
                                        living resources, habitats of 
                                        those species and resources, 
                                        and ecological relationships to 
                                        sustain all fisheries and 
                                        provide for a balanced 
                                        ecosystem;
                                            ``(cc) to preserve, 
                                        protect, and restore those 
                                        habitats and natural areas that 
                                        are vital to the survival and 
                                        diversity of the living 
                                        resources of the Chesapeake Bay 
                                        and associated rivers;
                                            ``(dd) to develop, promote, 
                                        and achieve sound land use 
                                        practices that protect and 
                                        restore watershed resources and 
                                        water quality, reduce or 
                                        maintain reduced pollutant 
                                        loadings for the Chesapeake Bay 
                                        and related tributaries, and 
                                        restore and preserve aquatic 
                                        living resources;
                                            ``(ee) to promote 
                                        individual stewardship and 
                                        assist individuals, community-
                                        based organizations, 
                                        businesses, local governments, 
                                        and schools to undertake 
                                        initiatives to achieve the 
                                        goals and commitments of the 
                                        Chesapeake Bay Agreement; or
                                            ``(ff) to provide technical 
                                        assistance to agricultural 
                                        producers, forest owners, and 
                                        other eligible entities, 
                                        through technical 
                                        infrastructure, including 
                                        activities, processes, tools, 
                                        and agency functions needed to 
                                        support delivery of technical 
                                        services, such as technical 
                                        standards, resource 
                                        inventories, training, data, 
                                        technology, monitoring, and 
                                        effects analyses;
                                    ``(II) except with respect to any 
                                implementation grant proposal by the 
                                District of Columbia, a commitment to 
                                dedicate not less than 20 percent of 
                                the grant funding for the Chesapeake 
                                Bay under this subsection to support 
                                technical assistance for agricultural 
                                and forest land or nutrient management 
                                practices that protect and restore 
                                watershed resources and water quality, 
                                reduce or maintain reduced pollutant 
                                loadings for the Chesapeake Bay and 
                                related tributaries, and restore and 
                                preserve aquatic living resources; and
                                    ``(III) the estimated cost of the 
                                actions proposed to be taken during the 
                                year.
                    ``(B) Monitoring grants.--
                            ``(i) In general.--An eligible entity 
                        described in paragraph (1)(B) may apply for a 
                        grant under this subsection for a fiscal year 
                        by submitting to the Administrator a 
                        comprehensive proposal to monitor freshwater or 
                        estuarine ecosystems, including water quality.
                            ``(ii) Monitoring grant contents.--A 
                        proposal under this subparagraph shall 
                        include--
                                    ``(I) a description of the proposed 
                                monitoring system;
                                    ``(II) certification by the 
                                Chesapeake Basin Program Director that 
                                such a monitoring system includes such 
                                parameters as the Chesapeake Basin 
                                Program Director determines to be 
                                necessary to assess progress toward 
                                achieving the goals of the Chesapeake 
                                Clean Water and Ecosystem Restoration 
                                Act; and
                                    ``(III) the estimated cost of the 
                                monitoring proposed to be conducted 
                                during the year.
                            ``(iii) Concurrences.--The Administrator 
                        shall--
                                    ``(I) obtain the concurrence of the 
                                Director of the United States 
                                Geological Survey regarding the design 
                                and implementation of the freshwater 
                                monitoring systems established under 
                                this subsection; and
                                    ``(II) obtain the concurrence of 
                                the Director of the Chesapeake Bay 
                                Office of the National Oceanic and 
                                Atmospheric Administration regarding 
                                the design and implementation of the 
                                estuarine monitoring systems 
                                established under this subsection.
                            ``(iv) Consultation.--The Administrator 
                        shall--
                                    ``(I) with regard to the freshwater 
                                monitoring system, consult with the 
                                basin commissions, institutions with 
                                expertise in clean water and 
                                agricultural policy and practices, and 
                                the Chesapeake Basin States regarding 
                                the design and implementation of the 
                                monitoring systems established under 
                                this subsection--
                                            ``(aa) giving particular 
                                        attention through fine scale 
                                        instream and infield stream-
                                        edge and groundwater analysis 
                                        to the measurement of the water 
                                        quality effectiveness of 
                                        agricultural conservation 
                                        program implementation, 
                                        including the Chesapeake Bay 
                                        Watershed Initiative under 
                                        section 1240Q of the Food 
                                        Security Act of 1985 (16 U.S.C. 
                                        3839bb-4); and
                                            ``(bb) analyzing the 
                                        effectiveness of stormwater 
                                        pollution control and 
                                        mitigation using green 
                                        infrastructure techniques in 
                                        subwatersheds that have high 
                                        levels of impervious surfaces;
                                    ``(II) with regard to the estuarine 
                                monitoring system, consult with 
                                institutions of higher education with 
                                expertise in estuarine systems and the 
                                Chesapeake Basin States regarding the 
                                monitoring systems established under 
                                this subsection;
                                    ``(III) consult with the Chesapeake 
                                Basin Program Scientific and Technical 
                                Advisory Committee regarding 
                                independent review of monitoring 
                                designs giving particular attention to 
                                integrated freshwater and estuarine 
                                monitoring strategies; and
                                    ``(IV) consult with Federal 
                                departments and agencies, including the 
                                Department of Agriculture, regarding 
                                cooperation in implementing monitoring 
                                programs.
    ``(f) Federal Facilities Coordination.--
            ``(1) Subwatershed planning and restoration.--A Federal 
        agency that owns or operates a facility (as defined by the 
        Administrator) within the Chesapeake Basin shall participate in 
        regional and subwatershed planning and restoration programs.
            ``(2) Compliance with agreements and plans.--The head of 
        each Federal agency that owns or occupies real property in the 
        Chesapeake Basin shall ensure that the property, and actions 
        taken by the agency with respect to the property, comply with--
                    ``(A) the Chesapeake Bay Agreement;
                    ``(B) the Federal Agencies Chesapeake Ecosystem 
                Unified Plan;
                    ``(C) the Chesapeake Basin action plan developed in 
                accordance with subparagraph (g)(1)(A); and
                    ``(D) any subsequent agreements and plans.
            ``(3) Forest cover at federal facilities.--Not later than 
        January 1, 2012, the Administrator, 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 Administrator) to 
        develop plans to maximize forest cover at the facility 
        through--
                    ``(A) the preservation of existing forest cover; or
                    ``(B) with respect to a facility that has been 
                previously disturbed or developed, the development of a 
                reforestation plan.
    ``(g) Federal Annual Action Plan and Progress Report.--The 
Administrator, in accordance with Executive Order 13508 entitled 
`Chesapeake Bay Protection and Restoration' and signed on May 12, 2009 
(74 Fed. Reg. 23099), shall--
            ``(1) make available to the public, not later than March 31 
        of each year--
                    ``(A) a Chesapeake Basin action plan describing, in 
                the greatest practicable degree of detail, how Federal 
                funding proposed in the annual budget of the United 
                States submitted by the President to Congress will be 
                used to protect and restore the Chesapeake Bay during 
                the upcoming fiscal year;
                    ``(B) an annual progress report that--
                            ``(i) assesses the key ecological 
                        attributes that reflect the health of the 
                        Chesapeake Basin ecosystem;
                            ``(ii) reviews indicators of environmental 
                        conditions in the Chesapeake Bay;
                            ``(iii) distinguishes between the health of 
                        the Chesapeake Basin ecosystem and the results 
                        of management measures;
                            ``(iv) assesses implementation of the 
                        action plan during the preceding fiscal year;
                            ``(v) recommends steps to improve progress 
                        in restoring and protecting the Chesapeake Bay 
                        and tributaries; and
                            ``(vi) describes how Federal funding and 
                        actions will be coordinated with the actions of 
                        States, basin commissions, and others; and
                    ``(C) an annual report, detailed at the State and 
                sector level where applicable, submitted by the 
                Administrator to the Chesapeake Basin States and the 
                public on specific recently completed, pending, or 
                proposed regulations, guidance documents, permitting 
                requirements, enforcement actions, and other activities 
                carried out in accordance with the Executive Order, 
                including actions relating to the Chesapeake Bay TMDL 
                and State watershed implementation plans.
            ``(2) create and maintain, with the concurrence of the 
        Secretary of Agriculture, a Chesapeake Basin-wide database 
        containing comprehensive data on implementation of agricultural 
        conservation management practices in the Chesapeake Basin 
        that--
                    ``(A) includes conservation management practice 
                implementation data, including, to the maximum extent 
                feasible, all publicly and privately funded 
                conservation practices, as of the effective date of the 
                Chesapeake Clean Water and Ecosystem Restoration Act;
                    ``(B) includes data on subsequent conservation 
                management practice implementation projects funded by, 
                or reported to, the Department of Agriculture, the 
                appropriate department of any Chesapeake Basin State, a 
                local soil and water conservation district, or any 
                similar institution;
                    ``(C) except with respect to data associated with a 
                permit or recorded in the trading registry, as provided 
                in subsection (j)(6)(B)(viii), presents the required 
                data to the Administrator in statistical or aggregate 
                form without identifying any--
                            ``(i) individual owner, operator, or 
                        producer; or
                            ``(ii) specific data gathering site;
                    ``(D) is made available to the public not later 
                than December 31, 2010; and
                    ``(E) is updated not less frequently than once 
                every 2 years.
    ``(h) Chesapeake Basin Program.--
            ``(1) Management strategies.--The Administrator, in 
        coordination with other members of the Chesapeake Executive 
        Council, shall ensure that management plans are developed and 
        implemented by Chesapeake Basin States to achieve and 
        maintain--
                    ``(A) for each of the Chesapeake Basin States--
                            ``(i) the sediment and nutrient goals of 
                        the Chesapeake Bay Agreement for the quantity 
                        of sediment, nitrogen, and phosphorus entering 
                        the Chesapeake Bay and the tidal tributaries of 
                        the Chesapeake Bay; and
                            ``(ii) the water quality requirements 
                        necessary to restore living resources in the 
                        Chesapeake Bay and the tidal tributaries of the 
                        Chesapeake Bay; and
                    ``(B) for the signatory States--
                            ``(i) the Chesapeake Bay Basinwide Toxins 
                        Reduction and Prevention Strategy goal of 
                        reducing or eliminating the input of chemical 
                        contaminants from all controllable sources to 
                        levels that result in no toxic or 
                        bioaccumulative impact on the living resources 
                        of the Chesapeake Basin ecosystem or on human 
                        health;
                            ``(ii) habitat restoration, protection, 
                        creation, and enhancement goals established by 
                        Chesapeake Bay Agreement for wetland, riparian 
                        forests, and other types of habitat associated 
                        with the Chesapeake Basin ecosystem; and
                            ``(iii) the restoration, protection, 
                        creation, and enhancement goals established by 
                        the Chesapeake Bay Agreement for living 
                        resources associated with the Chesapeake Basin 
                        ecosystem.
            ``(2) Chesapeake basin stewardship grants program.--The 
        Administrator, in cooperation with the Chesapeake Executive 
        Council, shall--
                    ``(A) establish a Chesapeake Basin Stewardship 
                Grants Program; and
                    ``(B) in carrying out that program--
                            ``(i) offer technical assistance and 
                        assistance grants under subsection (d) to 
                        States (or designees of States), local 
                        governments, soil conservation districts, 
                        institutions of higher education, nonprofit 
                        organizations, basin commissions, and private 
                        entities in the Chesapeake Basin region to 
                        implement--
                                    ``(I) cooperative watershed 
                                strategies that address the water 
                                quality, habitat, and living resource 
                                needs in the Chesapeake Basin;
                                    ``(II) locally based protection and 
                                restoration programs or projects within 
                                a watershed that complement the State 
                                watershed implementation plans, 
                                including the creation, restoration, or 
                                enhancement of habitat associated with 
                                the Chesapeake Basin ecosystem;
                                    ``(III) activities for increased 
                                spawning and other habitat for 
                                migratory fish by removing barriers or 
                                constructing fish passage devices, 
                                restoring streams with high habitat 
                                potential for cold water fisheries such 
                                as native brook trout, or other habitat 
                                enhancements for fish and waterfowl;
                                    ``(IV) activities for increased 
                                recreational access to the Chesapeake 
                                Bay and the tidal rivers and freshwater 
                                tributaries of the Chesapeake Bay; and
                                    ``(V) innovative nitrogen, 
                                phosphorus, or sediment reduction 
                                efforts; and
                            ``(ii) give preference to cooperative 
                        projects that involve local governments, soil 
                        conservation districts, and sportsmen 
                        associations, especially cooperative projects 
                        that involve public-private partnerships.
    ``(i) Actions by States.--
            ``(1) Watershed implementation plans.--
                    ``(A) Plans.--
                            ``(i) In general.--Not later than November 
                        1, 2011, each Chesapeake Basin State, after 
                        providing for reasonable notice and 1 or more 
                        public meetings, may submit to the 
                        Administrator for approval a watershed 
                        implementation plan for the Chesapeake Basin 
                        State.
                            ``(ii) Targets.--The watershed 
                        implementation plan shall establish reduction 
                        targets, key actions, and schedules for 
                        reducing, to levels that will attain water 
                        quality standards, the loads of nitrogen, 
                        phosphorus, and sediment, including pollution 
                        from--
                                    ``(I) point sources, including 
                                point source stormwater discharges; and
                                    ``(II) nonpoint sources.
                            ``(iii) Pollution limitations.--
                                    ``(I) In general.--The pollution 
                                limitations shall be the nitrogen, 
                                phosphorus, and sediment load and 
                                wasteload allocations sufficient to 
                                meet Chesapeake Bay and Chesapeake Bay 
                                tidal segment water quality standards.
                                    ``(II) Stringency.--A watershed 
                                implementation plan shall be designed 
                                to attain, at a minimum, the pollution 
                                limitations described in subclause (I).
                            ``(iv) Plan requirements.--Each watershed 
                        implementation plan shall--
                                    ``(I) include State-adopted 
                                management measures, including rules or 
                                regulations, permits, consent decrees, 
                                and other enforceable or otherwise 
                                binding measures, to require and 
                                achieve reductions from point and 
                                nonpoint pollution sources;
                                    ``(II) include programs to achieve 
                                voluntary reductions from pollution 
                                sources, including an estimate of the 
                                funding commitments necessary to 
                                implement the programs and a plan for 
                                working to secure the funding;
                                    ``(III) include any additional 
                                requirements or actions that the 
                                Chesapeake Basin State determines to be 
                                necessary to attain the pollution 
                                limitations by the deadline established 
                                in this paragraph;
                                    ``(IV) provide for enforcement 
                                mechanisms, including a penalty 
                                structure for failures, such as fees or 
                                forfeiture of State funds, including 
                                Federal funds distributed or otherwise 
                                awarded by the State to the extent the 
                                State is authorized to exercise 
                                independent discretion in amounts of 
                                such distributions or awards, for use 
                                in case a permittee, local 
                                jurisdictions, or any other party fails 
                                to adhere to assigned pollutant 
                                limitations, implementation schedules, 
                                or permit terms;
                                    ``(V) include a schedule for 
                                implementation that--
                                            ``(aa) is divided into 2-
                                        year periods, along with 
                                        computer modeling, or other 
                                        appropriate analysis, to 
                                        demonstrate the projected 
                                        reductions in nitrogen, 
                                        phosphorus, and sediment loads 
                                        associated with each 2-year 
                                        period; and
                                            ``(bb) demonstrates 
                                        reasonable additional progress 
                                        toward achievement of the goals 
                                        described in--

                                                    ``(AA) subclause 
                                                (VIII)(aa); and

                                                    ``(BB) clauses (i) 
                                                and (ii) of 
                                                subparagraph (B);

                                    ``(VI) include the stipulation of 
                                alternate actions as contingencies;
                                    ``(VII) account for how the 
                                Chesapeake Basin State will address 
                                additional loadings from growth through 
                                reserved allocations, offsets, planned 
                                future controls, implementation of new 
                                technologies, or other actions;
                                    ``(VIII) provide assurances that--
                                            ``(aa) if compared to an 
                                        estimated 2008 baseline based 
                                        on modeled loads, the initial 
                                        plan shall be designed to 
                                        achieve, not later than May 31, 
                                        2017, at least 60 percent of 
                                        the nutrient and sediment 
                                        reduction requirements 
                                        described in clause 
                                        (iii)(I)(bb);
                                            ``(bb) the Chesapeake Basin 
                                        State will have adequate 
                                        personnel and funding (or a 
                                        plan to secure such personnel 
                                        or funding), and authority 
                                        under State (and, as 
                                        appropriate, local) law to 
                                        carry out the implementation 
                                        plan, and is not prohibited by 
                                        any provision of Federal or 
                                        State law from carrying out the 
                                        implementation plan; and
                                            ``(cc) to the extent that a 
                                        Chesapeake Basin State has 
                                        relied on a local government 
                                        for the implementation of any 
                                        plan provision, the Chesapeake 
                                        Basin State has the 
                                        responsibility for ensuring 
                                        adequate implementation of the 
                                        provision;
                                    ``(IX) include adequate provisions 
                                for public participation; and
                                    ``(X) upon the approval of the 
                                Administrator, be made available to the 
                                public on the Internet.
                    ``(B) Implementation.--
                            ``(i) In general.--In implementing a 
                        watershed implementation plan, each Chesapeake 
                        Basin State shall follow a strategy developed 
                        by the Administrator for the implementation of 
                        adaptive management principles to ensure full 
                        implementation of all plan elements by not 
                        later than May 12, 2025, including--
                                    ``(I) biennial evaluations of State 
                                actions;
                                    ``(II) progress made toward 
                                implementation;
                                    ``(III) determinations of necessary 
                                modifications to future actions in 
                                order to achieve objectives including 
                                achievement of water quality standards; 
                                and
                                    ``(IV) appropriate provisions to 
                                adapt to climate changes.
                            ``(ii) Deadline.--Not later than May 12, 
                        2025, each Chesapeake Basin State shall--
                                    ``(I) fully implement the watershed 
                                implementation plan of the State; and
                                    ``(II) have in place all the 
                                mechanisms outlined in the plan that 
                                are necessary to attain the applicable 
                                pollutant limitations for nitrogen, 
                                phosphorus, and sediments.
                    ``(C) Progress reports.--Not later than May 12, 
                2014, and biennially thereafter, each Chesapeake Basin 
                State shall submit to the Administrator a progress 
                report that, with respect to the 2-year period covered 
                by the report--
                            ``(i) includes a listing of all management 
                        measures that were to be implemented in 
                        accordance with the approved watershed 
                        implementation plan of the Chesapeake Basin 
                        State, including a description of the extent to 
                        which those measures have been fully 
                        implemented;
                            ``(ii) includes a listing of all the 
                        management measures described in clause (i) 
                        that the Chesapeake Basin State has failed to 
                        fully implement in accordance with the approved 
                        watershed implementation plan of the Chesapeake 
                        Basin State;
                            ``(iii) includes monitored and collected 
                        water quality data;
                            ``(iv) includes appropriate computer 
                        modeling data or other appropriate analyses 
                        that detail the nitrogen, phosphorus, and 
                        sediment load reductions projected to be 
                        achieved as a result of the implementation of 
                        the management measures and mechanisms carried 
                        out by the Chesapeake Basin State;
                            ``(v) demonstrates reasonable additional 
                        progress made by the State toward achievement 
                        of the requirements and deadlines described in 
                        subparagraph (A)(iv)(VIII)(aa) and clauses (i) 
                        and (ii) of subparagraph (B);
                            ``(vi) includes, for the subsequent 2-year 
                        period, implementation goals and Chesapeake 
                        Basin Program computer modeling data detailing 
                        the projected pollution reductions to be 
                        achieved if the Chesapeake Basin State fully 
                        implements the subsequent round of management 
                        measures;
                            ``(vii) identifies compliance information, 
                        including violations, actions taken by the 
                        Chesapeake Basin State to address the 
                        violations, and dates, if any, on which 
                        compliance was achieved; and
                            ``(viii) specifies any revisions to the 
                        watershed implementation plan submitted under 
                        this paragraph that the Chesapeake Basin State 
                        determines are necessary to attain the 
                        applicable pollutant limitations for nitrogen, 
                        phosphorus, and sediments.
            ``(2) Issuance of permits.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act (including any exclusion or 
                exception contained in a definition under section 502) 
                and in accordance with State laws (including 
                regulations), after providing appropriate opportunities 
                for public comment, for the purpose of achieving the 
                nitrogen, phosphorus, and sediment reductions required 
                under a watershed implementation plan, a Chesapeake 
                Basin State, or, if the State is not authorized to 
                administer the permit program under section 402, the 
                Administrator, may impose limitations or other 
                controls, including permit requirements, on any 
                discharge or runoff from a pollution source, including 
                point and nonpoint sources, located within the 
                Chesapeake Basin State that the program administrator 
                determines to be necessary.
                    ``(B) Enforcement.--The Chesapeake Basin States and 
                the Administrator shall enforce any permits issued in 
                accordance with the watershed implementation plan in 
                the same manner as permits issued under section 402 are 
                enforced.
                    ``(C) Additional enforcement standards.--No Federal 
                enforcement action shall be brought pursuant to section 
                309 against an agricultural producer that is in 
                compliance with all of the applicable planning and 
                scheduled implementation requirements of the following, 
                as required by Federal, State, or other locally-
                applicable law and consistent with an approved State 
                watershed implementation plan:
                            ``(i) State permits issued pursuant to 
                        section 402.
                            ``(ii) A soil conservation plan approved by 
                        the Federal Government or a State or local 
                        government, soil conservation district, or 
                        other applicable agency.
                            ``(iii) A government-approved nutrient 
                        management plan.
                            ``(iv) A State or locally approved erosion 
                        and sediment control plan.
                            ``(v) Any other applicable requirement 
                        described in an approved State watershed 
                        implementation plan.
                    ``(D) De minimis exemptions.--The Administrator 
                (with respect to the District of Columbia) or a 
                Chesapeake Basin State that is authorized to administer 
                a permit program under section 402, after consultation 
                with stakeholders (including wastewater utilities, 
                municipalities, developers, agricultural producers, 
                institutions of higher education, and other interested 
                parties) shall establish de minimis exemptions for 
                permits issued under this paragraph.
            ``(3) Stormwater permits.--
                    ``(A) In general.--Effective beginning January 1, 
                2013, the Chesapeake Basin State shall provide 
                assurances to the Administrator that--
                            ``(i) the owner or operator of any 
                        development or redevelopment project possessing 
                        an impervious footprint that exceeds a 
                        threshold to be determined by the Administrator 
                        through rulemaking, will use site planning, 
                        design, construction, and maintenance 
                        strategies for the property to maintain or 
                        restore, to the maximum extent technically 
                        feasible, the predevelopment hydrology of the 
                        property with regard to the temperature, rate, 
                        volume, and duration of flow, using onsite 
                        infiltration, evapotranspiration, and reuse 
                        approaches, if feasible; and
                            ``(ii) as a further condition of permitting 
                        such a development or redevelopment, the owner 
                        or operator of any development or redevelopment 
                        project possessing an impervious footprint that 
                        exceeds a threshold to be determined by the 
                        Administrator through rulemaking will 
                        compensate for any unavoidable impacts to the 
                        predevelopment hydrology of the property with 
                        regard to the temperature, rate, volume, and 
                        duration of flow, such that--
                                    ``(I) the compensation within the 
                                affected subwatershed shall provide in-
                                kind or out-of-kind mitigation of 
                                function at ratios to be determined by 
                                the Administrator through rulemaking;
                                    ``(II) the compensation outside the 
                                affected subwatershed shall provide in-
                                kind or out-of-kind mitigation, at 
                                ratios to be determined by the 
                                Administrator through rulemaking, 
                                within the tributary watershed in which 
                                the project is located; and
                                    ``(III) if mitigation of 
                                unavoidable impacts is not feasible, 
                                the Administrator may approve stringent 
                                fee-in-lieu systems.
                    ``(B) Regulations.--
                            ``(i) In general.--Not later than May 12, 
                        2011, the Administrator shall promulgate 
                        regulations that--
                                    ``(I) define the term 
                                `predevelopment hydrology' for purposes 
                                of subparagraph (A);
                                    ``(II) establish the thresholds 
                                under subparagraph (A);
                                    ``(III) establish the compensation 
                                ratios under items (I) and (II) of 
                                subparagraph (A)(ii); and
                                    ``(IV) establish the fee-in-lieu 
                                systems under subparagraph 
                                (A)(ii)(III).
                            ``(ii) Requirement.--In developing the 
                        regulations under clause (i), including 
                        establishing minimum standards for new 
                        development and redevelopment, the 
                        Administrator shall take into consideration, 
                        based on an evaluation of field science and 
                        practice, factors such as--
                                    ``(I) the benefit to--
                                            ``(aa) overall watershed 
                                        protection and restoration of 
                                        redevelopment of brownfields or 
                                        other previously developed or 
                                        disturbed sites; and
                                            ``(bb) water quality 
                                        improvement through lot-level 
                                        stormwater management.
                            ``(iii) Treatment of pending stormwater 
                        permits.--In consultation with the Chesapeake 
                        Basin States and interested stakeholders, and 
                        taking into consideration any compliance 
                        schedules developed by any Chesapeake Basin 
                        State prior to June 30, 2010, the Administrator 
                        shall develop guidance regarding the treatment 
                        of pending stormwater permits for the 
                        Chesapeake Basin States.
                    ``(C) Failure to provide assurances.--If a 
                Chesapeake Basin State that submits a Watershed 
                Implementation Plan under this subsection fails to 
                provide the assurances required under subparagraph (A), 
                effective beginning on May 12, 2013, the Administrator 
                may withhold funds otherwise available to the 
                Chesapeake Basin State under this Act, in accordance 
                with subparagraphs (A) and (B) of subsection (j)(5).
            ``(4) Phosphate ban.--
                    ``(A) Phosphorus in cleaning agents.--Each 
                Chesapeake Basin State shall provide to the 
                Administrator, not later than 3 years after the date of 
                enactment of the Chesapeake Clean Water and Ecosystem 
                Restoration Act, assurances that within the 
                jurisdiction, except as provided in subparagraph (B), a 
                person may not use, sell, manufacture, or distribute 
                for use or sale any cleaning agent that contains more 
                than 0.0 percent phosphorus by weight, expressed as 
                elemental phosphorus, except for a quantity not 
                exceeding 0.5 percent phosphorus that is incidental to 
                the manufacture of the cleaning agent.
                    ``(B) Prohibited quantities of phosphorus.--Each 
                Chesapeake Basin State shall provide to the 
                Administrator, not later than 3 years after the date of 
                enactment of the Chesapeake Clean Water and Ecosystem 
                Restoration Act, assurances that, within the 
                jurisdiction, a person may use, sell, manufacture, or 
                distribute for use or sale a cleaning agent that 
                contains greater than 0.0 percent phosphorus by weight, 
                but does not exceed 8.7 percent phosphorus by weight, 
                if the cleaning agent is a substance that the 
                Administrator, by regulation, excludes from the 
                limitation under subparagraph (A), based on a finding 
                that compliance with that subparagraph would--
                            ``(i) create a significant hardship on the 
                        users of the cleaning agent; or
                            ``(ii) be unreasonable because of the lack 
                        of an adequate substitute cleaning agent.
                    ``(C) Failure to provide assurances.--If a 
                Chesapeake Basin State that submits a Watershed 
                Implementation Plan under this subsection fails to 
                provide the necessary assurances under subparagraphs 
                (A) and (B) by not later than 3 years after the date of 
                enactment of the Chesapeake Clean Water and Ecosystem 
                Restoration Act, the Administrator may withhold funds 
                otherwise available to the Chesapeake Basin State under 
                this Act, in accordance with subparagraphs (A) and (B) 
                of subsection (j)(5).
    ``(j) Action by Administrator.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of the Chesapeake Clean Water and Ecosystem 
        Restoration Act, the Administrator shall establish any minimum 
        criteria that the Administrator determines to be necessary that 
        any proposed watershed implementation plan must meet before the 
        Administrator may approve such a plan.
            ``(2) Completeness finding.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which the Administrator receives a new or 
                revised proposed watershed implementation plan from a 
                Chesapeake Basin State, the Administrator shall make a 
                completeness determination based on whether the minimum 
                criteria for the plan established under paragraph (1) 
                have been met.
                    ``(B) Effect of finding of incompleteness.--If the 
                Administrator determines under subparagraph (A) that 
                all or any portion of a submitted watershed 
                implementation plan does not meet the minimum 
                completeness criteria established under paragraph (1), 
                the Chesapeake Basin State submitting the plan shall be 
                treated as not having made the submission.
            ``(3) Approval and disapproval.--
                    ``(A) Deadline.--Not later than 90 days after 
                determining that a watershed implementation plan meets 
                minimum completeness criteria in accordance with 
                paragraph (2)(A), the Administrator shall approve or 
                disapprove the plan.
                    ``(B) Full and partial approval and disapproval.--
                In carrying out this paragraph, the Administrator 
                shall--
                            ``(i) approve a watershed implementation 
                        plan if the Administrator determines that the 
                        plan meets all applicable requirements under 
                        subsection (i)(1); and
                            ``(ii) approve the plan in part and 
                        disapprove the plan in part if only a portion 
                        of the watershed implementation plan meets 
                        those requirements.
                    ``(C) Conditional approval.--The Administrator 
                shall--
                            ``(i) conditionally approve the original or 
                        a revised watershed implementation plan based 
                        on a commitment of the Chesapeake Basin State 
                        submitting the plan to adopt specific 
                        enforceable management measures by not later 
                        than 1 year after the date of approval of the 
                        plan revision; but
                            ``(ii) treat a conditional approval as a 
                        disapproval under this paragraph if the 
                        Chesapeake Basin State fails to comply with the 
                        commitment of the Chesapeake Basin State.
                    ``(D) Scope of review.--In reviewing watershed 
                implementation plans for approval or disapproval, the 
                Administrator shall--
                            ``(i) limit the scope of the review to the 
                        adequacy of the plan to attain water quality 
                        standards; and
                            ``(ii) not impose, as a condition of 
                        approval, any additional requirements.
                    ``(E) Full approval required.--An original or 
                revised watershed implementation plan shall not be 
                treated as meeting the requirements of this section 
                until the Administrator approves the entire original or 
                revised plan.
                    ``(F) Corrections.--In any case in which the 
                Administrator determines that the action of the 
                Administrator approving, disapproving, or conditionally 
                approving any original or revised State watershed 
                implementation plan was in error, the Administrator 
                shall--
                            ``(i) in the same manner as the approval, 
                        disapproval, conditional approval, or 
                        promulgation, revise the action of the 
                        Administrator, as appropriate, without 
                        requiring any further submission from the 
                        Chesapeake Basin State; and
                            ``(ii) make the determination of the 
                        Administrator, and the basis for that 
                        determination, available to the public.
                    ``(G) Effective date.--The provisions of a State 
                watershed implementation plan shall take effect upon 
                the date of approval of the plan.
            ``(4) Calls for plan revision.--In any case in which the 
        Administrator determines that watershed implementation plan for 
        any area is inadequate to attain or maintain applicable 
        pollution limitations, the Administrator--
                    ``(A) shall notify the Chesapeake Basin State of, 
                and require the Chesapeake Basin State to revise the 
                plan to correct the inadequacies;
                    ``(B) may establish reasonable deadlines (not to 
                exceed 180 days after the date on which the 
                Administrator provides the notification) for the 
                submission of a revised watershed implementation plan;
                    ``(C) shall make the findings of the Administrator 
                under paragraph (3) and notice provided under 
                subparagraph (A) public;
                    ``(D) shall require as an element of any revised 
                plan by the Chesapeake Basin State that the State 
                adhere to the requirements applicable under the 
                original watershed implementation plan, except that the 
                Administrator may adjust any dates (other than 
                attainment dates) applicable under those requirements, 
                as appropriate; and
                    ``(E) shall disapprove any revised plan submitted 
                by a Chesapeake Basin State that fails to adhere to the 
                requirements described in subparagraph (D).
            ``(5) Federal implementation.--If a Chesapeake Basin State 
        that has submitted a watershed implementation plan under 
        (1)(A)(i) fails to submit a required revised watershed 
        implementation plan, submit a biennial report, correct a 
        previously missed 2-year commitment made in a watershed 
        implementation plan, or remedy a disapproval of a watershed 
        implementation plan, the Administrator shall, by not later than 
        30 days after the date of the failure and after issuing a 
        notice to the State and providing a period of not less than 1 
        year during which the failure may be corrected--
                    ``(A) notwithstanding sections 601(a) and 603(g), 
                reserve up to 75 percent of the amount of the 
                capitalization grant to the Chesapeake Basin State for 
                a water pollution control revolving fund under section 
                603 for activities that are--
                            ``(i) selected by the Administrator; and
                            ``(ii) consistent with the watershed 
                        implementation plans described in subparagraphs 
                        (B) and (C);
                    ``(B) withhold all funds otherwise available to the 
                Chesapeake Basin State (or a designee) under this Act, 
                except for the funds available under title VI;
                    ``(C) develop and administer a watershed 
                implementation plan for the Chesapeake Basin State 
                until the Chesapeake Basin State has remedied the plan, 
                reports, or achievements to the satisfaction of the 
                Administrator;
                    ``(D) in addition to requiring compliance with all 
                other statutory and regulatory requirements, require 
                that all permits issued under section 402 for new or 
                expanding discharges of nitrogen, phosphorus, or 
                sediment shall acquire offsets that exceed, by a ratio 
                to be determined by the Administrator through 
                rulemaking, the quantities of nitrogen, phosphorus, or 
                sediment that would be discharged under the permit, 
                taking into account attenuation, equivalency, and 
                uncertainty; and
                    ``(E) for the purposes of developing and 
                implementing a watershed implementation plan under 
                subparagraph (C)--
                            ``(i) continue all applicable requirements 
                        for nonpoint sources included as part of the 
                        most recently approved watershed implementation 
                        plan of the Chesapeake Basin State;
                            ``(ii) issue such permits to point sources 
                        as the Administrator determines to be necessary 
                        to control pollution sufficient to meet the 
                        pollution reductions required to meet 
                        applicable water quality standards;
                            ``(iii) enforce such nonpoint source 
                        requirements in the same manner and with the 
                        same stringency as required under most recently 
                        approved watershed implementation plan of the 
                        Chesapeake Basin State; and
                            ``(iv) enforce such point source permits in 
                        the same manner as other permits issued under 
                        section 402 are enforced.
            ``(6) Nitrogen, phosphorus, and sediment trading 
        programs.--
                    ``(A) Establishment.--Not later than May 12, 2012, 
                the Administrator, in cooperation with each Chesapeake 
                Basin State, shall establish, by regulation, an 
                interstate nitrogen and phosphorus trading program for 
                the Chesapeake Basin for the generation, trading, and 
                use of nitrogen and phosphorus credits to facilitate 
                the attainment and maintenance of water quality 
                standards in the Chesapeake Bay and the Chesapeake Bay 
                tidal segments.
                    ``(B) Trading system.--The trading program 
                established under this subsection shall, at a minimum--
                            ``(i) define and standardize nitrogen and 
                        phosphorus credits and establish procedures or 
                        standards for ensuring equivalent water quality 
                        benefits for all credits;
                            ``(ii) establish procedures or standards 
                        for certifying, verifying, and enforcing 
                        nitrogen and phosphorus credits to ensure that 
                        credit-generating practices from both point 
                        sources and nonpoint sources are achieving 
                        actual reductions in nitrogen and phosphorus, 
                        including provisions for allowing the use of 
                        third parties to verify and certify credits 
                        sold within and across State lines;
                            ``(iii) establish procedures or standards 
                        for generating, quantifying, trading, and 
                        applying credits to meet regulatory 
                        requirements and allow for trading to occur 
                        between and across point source or nonpoint 
                        sources, including a requirement that 
                        purchasers of credits that propose to satisfy 
                        all or part of the obligation to reduce 
                        nitrogen and phosphorus through the use of 
                        credits shall compensate, through further 
                        limitations on the discharges of the purchaser 
                        or through a new trade, for any deficiency in 
                        those reductions that results from the failure 
                        of a credit seller to carry out any activity 
                        that was to generate the credits;
                            ``(iv) establish baseline requirements that 
                        a credit seller shall meet before becoming 
                        eligible to generate saleable credits, which 
                        shall be at least as stringent as applicable 
                        water quality standards, total maximum daily 
                        loads (including applicable wasteload and load 
                        allocations), and watershed implementation 
                        plans;
                            ``(v) ensure that credits and trade 
                        requirements are incorporated, directly or by 
                        reference, into enforceable permit requirements 
                        under the national pollutant discharge 
                        elimination system established under section 
                        402 or the system of the applicable State 
                        permitting authority for all credit purchasers 
                        covered by the permits;
                            ``(vi) ensure that private contracts 
                        between credit buyers and credit sellers 
                        contain adequate provisions to ensure 
                        enforceability under applicable law;
                            ``(vii) establish procedures or standards 
                        to ensure public transparency for all nutrient 
                        trading activities, including the establishment 
                        of a publicly available trading registry, which 
                        shall include--
                                    ``(I) the information used in the 
                                certification and verification process; 
                                and
                                    ``(II) recorded trading 
                                transactions (such as the 
                                establishment, sale, amounts, and use 
                                of credits);
                            ``(viii) in addition to requiring 
                        compliance with all other statutory and 
                        regulatory requirements, ensure that, in any 
                        case in which a segment of the Chesapeake Basin 
                        is impaired with respect to the nutrient being 
                        traded and a total maximum daily load for that 
                        segment has not yet been implemented for the 
                        impairment--
                                    ``(I) trades are required to result 
                                in progress toward or the attainment of 
                                water quality standards in that 
                                segment; and
                                    ``(II) sources in that segment may 
                                not rely on credits produced outside of 
                                the segment;
                            ``(ix) require that the application of 
                        credits to meet regulatory requirements under 
                        this section not cause or contribute to 
                        exceedances of water quality standards, total 
                        maximum daily loads, or wasteload or load 
                        allocations for affected receiving waters, 
                        including avoidance of localized impacts;
                            ``(x) except as part of a consent 
                        agreement, consent judgment, or enforcement 
                        order, prohibit the purchase of credits from 
                        any entity that is in significant noncompliance 
                        with an enforceable permit issued under section 
                        402;
                            ``(xi) consider and incorporate, to the 
                        extent consistent with the minimum requirements 
                        of this Act, as determined by the 
                        Administrator, in consultation with the 
                        Secretary of Agriculture, elements of State 
                        trading programs in existence on the date of 
                        enactment of the Chesapeake Clean Water and 
                        Ecosystem Restoration Act;
                            ``(xii) allow for, as appropriate, the 
                        aggregation and banking of credits by third 
                        parties; and
                            ``(xiii) provide for appropriate temporal 
                        consistency between the time period during 
                        which the credit is generated and the time 
                        period during which the credit is used.
                    ``(C) Facilitation of trading.--In order to attract 
                market participants and facilitate the cost-effective 
                achievement of water-quality goals, the Administrator, 
                in consultation with the Secretary of Agriculture, 
                shall ensure that the trading program established under 
                this paragraph--
                            ``(i) includes measures to mitigate credit 
                        buyer risk;
                            ``(ii) makes use of the best available 
                        science in order to minimize uncertainty and 
                        related transaction costs to traders by 
                        supporting research and other activities that 
                        increase the scientific understanding of 
                        nonpoint nutrient pollutant loading and the 
                        ability of various structural and nonstructural 
                        alternatives to reduce the loads;
                            ``(iii) eliminates unnecessary or 
                        duplicative administrative processes; and
                            ``(iv) incorporates a permitting approach 
                        under the national pollutant discharge 
                        elimination system established under section 
                        402 that--
                                    ``(I) allows trading to occur 
                                without requiring the reopening or 
                                reissuance of the base permits to 
                                incorporate individual trades; and
                                    ``(II) incorporates any such 
                                trades, directly through a permit 
                                amendment or addendum, or indirectly by 
                                any appropriate mechanism, as 
                                enforceable terms of those permits on 
                                approval of the credit purchase by the 
                                permitting authority, in accordance 
                                with the requirements of the Chesapeake 
                                Basin Program, this Act, and 
                                regulations promulgated pursuant to 
                                this Act.
                    ``(D) Sediment trading.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Chesapeake 
                        Clean Water and Ecosystem Restoration Act, the 
                        Administrator, in consultation with the 
                        Secretary of Agriculture, shall convene a task 
                        force, to be composed of representatives from 
                        the Chesapeake Basin States and public and 
                        private entities--
                                    ``(I) to identify any scientific, 
                                technical, or other issues that would 
                                hinder the rapid deployment of an 
                                interstate sediment trading program; 
                                and
                                    ``(II) to provide to the 
                                Administrator recommendations to 
                                overcome any of the obstacles to rapid 
                                deployment of such a trading system.
                            ``(ii) Interstate sediment trading 
                        program.--
                                    ``(I) Establishment.--Based on the 
                                recommendations of the task force 
                                established under clause (i), the 
                                Administrator, in cooperation with each 
                                Chesapeake Basin State, shall establish 
                                an interstate sediment trading program 
                                for the Chesapeake Basin for the 
                                generation, trading, and use of 
                                sediment credits to facilitate the 
                                attainment and maintenance water 
                                quality standards in the Chesapeake Bay 
                                and the Chesapeake Bay tidal segments.
                                    ``(II) Requirement.--The interstate 
                                sediment trading program established 
                                under subclause (I) shall include, at a 
                                minimum, definitions, procedures, 
                                standards, requirements, assurances, 
                                allowances, prohibitions, and 
                                evaluations comparable to the 
                                interstate nitrogen and phosphorus 
                                trading program established under 
                                subparagraph (A).
                                    ``(III) Deadline.--Upon a finding 
                                of the Administrator, based on the 
                                recommendation of the task force 
                                established under clause (i), that such 
                                a sediment trading program would 
                                substantially advance the achievement 
                                of Bay water quality objectives and 
                                would be feasible, the interstate 
                                trading program under this clause shall 
                                be established by the later of--
                                            ``(aa) May 12, 2014; and
                                            ``(bb) the date on which 
                                        each issue described in clause 
                                        (i) can be feasibly overcome.
                    ``(E) Evaluation of trading.--
                            ``(i) Reports.--Not less frequently than 
                        once every 5 years after the date of 
                        establishment of the interstate nitrogen and 
                        phosphorus trading program under this 
                        paragraph, the Administrator shall submit to 
                        Congress a report describing the results of the 
                        program with respect to enforceability, 
                        transparency, achievement of water quality 
                        results, and whether the program has resulted 
                        in any localized water pollution problem.
                            ``(ii) Improvements.--Based on the reports 
                        under clause (i), the Administrator shall make 
                        improvements to the trading program under this 
                        paragraph to ensure achievement of the 
                        environmental and programmatic objectives of 
                        the program.
                    ``(F) Effect on other trading systems.--Nothing in 
                this paragraph affects the ability of a State to 
                establish or implement an applicable intrastate trading 
                program.
            ``(7) Authority relating to development.--The Administrator 
        shall--
                    ``(A) establish, for projects resulting in 
                impervious development, guidance relating to site 
                planning, design, construction, and maintenance 
                strategies to ensure that the land maintains 
                predevelopment hydrology with regard to the 
                temperature, rate, volume, and duration of flow;
                    ``(B) compile a database of best management 
                practices, model stormwater ordinances, and guidelines 
                with respect to the construction of low-impact 
                development infrastructure and nonstructural low-impact 
                development techniques for use by States, local 
                governments, and private entities; and
                    ``(C) not later than 180 days after promulgation of 
                the regulations under subsection (i)(3)(B), issue 
                guidance, model ordinances, and guidelines to carry out 
                this paragraph.
            ``(8) Assistance with respect to stormwater discharges.--
                    ``(A) Grant program.--The Administrator may provide 
                grants to any local government within the Chesapeake 
                Basin that adopts the guidance, best management 
                practices, ordinances, and guidelines issued and 
                compiled under paragraph (7).
                    ``(B) Use of funds.--A grant provided under 
                subparagraph (A) may be used by a local government to 
                pay costs associated with--
                            ``(i) developing, implementing, and 
                        enforcing the guidance, best management 
                        practices, ordinances, and guidelines issued 
                        and compiled under paragraph (7); and
                            ``(ii) implementing projects designed to 
                        reduce or beneficially reuse stormwater 
                        discharges.
            ``(9) Consumer and commercial product report.--Not later 
        than 3 years after the date of enactment of the Chesapeake 
        Clean Water and Ecosystem Restoration Act, the Administrator, 
        in consultation with the Chesapeake Executive Council, shall--
                    ``(A) review consumer and commercial products (such 
                as lawn fertilizer), the use of which may affect the 
                water quality of the Chesapeake Basin or associated 
                tributaries, to determine whether further product 
                nutrient content restrictions are necessary to restore 
                or maintain water quality in the Chesapeake Basin and 
                those tributaries; and
                    ``(B) submit to the Committees on Appropriations, 
                Environment and Public Works, and Commerce, Science, 
                and Transportation of the Senate and the Committees on 
                Appropriations, Natural Resources, Energy and Commerce, 
                and Transportation and Infrastructure of the House of 
                Representatives a product nutrient report detailing the 
                findings of the review under subparagraph (A).
            ``(10) Agricultural animal waste-to-bioenergy deployment 
        program.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Agricultural animal waste.--The term 
                        `agricultural animal waste' means manure from 
                        livestock, poultry, or aquaculture.
                            ``(ii) Eligible technology.--The term 
                        `eligible technology' means a technology that 
                        converts or proposes to convert agricultural 
                        animal waste into--
                                    ``(I) heat;
                                    ``(II) power; or
                                    ``(III) biofuels.
                    ``(B) Grant program.--The Administrator, in 
                coordination with the Secretary of Agriculture, may 
                provide grants to any person or partnership of persons 
                for the purpose of carrying out projects to deploy an 
                eligible technology in agricultural animal waste-to-
                bioenergy treatment that has significant potential to 
                reduce agricultural animal waste volume, recover 
                nutrients, improve water quality, decrease pollution 
                potential, and recover energy.
                    ``(C) Project selection.--
                            ``(i) In general.--In selecting applicants 
                        for grants under this paragraph, the 
                        Administrator shall select projects that--
                                    ``(I) reduce--
                                            ``(aa) impacts of 
                                        agricultural animal waste on 
                                        surface and groundwater 
                                        quality;
                                            ``(bb) emissions to the 
                                        ambient air; and
                                            ``(cc) the release of 
                                        pathogens and other 
                                        contaminants to the 
                                        environment; and
                                    ``(II) quantify--
                                            ``(aa) the degree of waste 
                                        stabilization to be realized by 
                                        the project; and
                                            ``(bb) nutrient reduction 
                                        credits that could contribute 
                                        to the nitrogen and phosphorus 
                                        trading program for the 
                                        Chesapeake Basin under this 
                                        subsection.
                            ``(ii) Prioritization.--The Administrator 
                        shall prioritize projects based on--
                                    ``(I) the level of nutrient 
                                reduction achieved;
                                    ``(II) geographic diversity among 
                                the Chesapeake Basin States; and
                                    ``(III) differing types of 
                                agricultural animal waste.
                    ``(D) Federal share.--The amount of a grant awarded 
                under this paragraph shall not exceed 50 percent of the 
                cost of the project to be carried out using funds from 
                the grant.
    ``(k) Prohibition on Introduction of Asian Oysters.--Not later than 
2 years after the date of enactment of the Chesapeake Clean Water and 
Ecosystem Restoration Act, the Administrator shall promulgate 
regulations--
            ``(1) to designate the Asian oyster as a `biological 
        pollutant' in the Chesapeake Bay and tidal waters pursuant to 
        section 502;
            ``(2) to prohibit the issuance of permits under sections 
        402 and 404 for the discharge of the Asian oyster into the 
        Chesapeake Bay and Chesapeake Bay tidal segments; and
            ``(3) to specify conditions under which scientific research 
        on Asian oysters may be conducted within the Chesapeake Bay and 
        Chesapeake Bay tidal segments.
    ``(l) Chesapeake Nutria Eradication Program.--
            ``(1) Grant authority.--Subject to the availability of 
        appropriations, the Secretary of the Interior (referred to in 
        this subsection as the `Secretary'), may provide financial 
        assistance to the States of Delaware, Maryland, and Virginia to 
        carry out a program to implement measures--
                    ``(A) to eradicate or control nutria; and
                    ``(B) to restore marshland damaged by nutria.
            ``(2) Goals.--The continuing goals of the program shall 
        be--
                    ``(A) to eradicate nutria in the Chesapeake Basin 
                ecosystem; and
                    ``(B) to restore marshland damaged by nutria.
            ``(3) Activities.--In the States of Delaware, Maryland, and 
        Virginia, the Secretary shall require that the program under 
        this subsection consist of management, research, and public 
        education activities carried out in accordance with the 
        document published by the United States Fish and Wildlife 
        Service entitled `Eradication Strategies for Nutria in the 
        Chesapeake and Delaware Bay Watersheds', dated March 2002, or 
        any updates to the document.
    ``(m) Review of Studies on the Impacts of Menhaden on the Water 
Quality of the Chesapeake Bay.--
            ``(1) Research review.--The Administrator, in cooperation 
        and consultation with the Administrator of the National Oceanic 
        and Atmospheric Administration, shall--
                    ``(A) prepare a report that reviews and summarizes 
                existing, peer reviewed research relating to the 
                impacts of menhaden on water quality, including the 
                role of menhaden as filter feeders and the impacts on 
                dissolved oxygen levels, nutrient levels, 
                phytoplankton, zooplankton, detritus, and similar 
                issues by menhaden at various life stages;
                    ``(B) identify important data gaps or additional 
                menhaden population studies, if any, relating to the 
                impacts of the menhaden population on water quality; 
                and
                    ``(C) provide any recommendations for additional 
                research or study.
            ``(2) Report and recommendations.--Not later than 5 years 
        after the date of enactment of the Chesapeake Clean Water and 
        Ecosystem Restoration Act, the Administrator shall submit the 
        report and recommendations required in paragraph (1) to--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation and the Committee on Environment and 
                Public Works Committee of the Senate; and
                    ``(B) the Committee on Natural Resources and the 
                Committee on Transportation and Infrastructure 
                Committee of the House of Representatives.
    ``(n) Effect on Other Requirements.--
            ``(1) In general.--Nothing in this section removes or 
        otherwise affects any other obligation for a point source to 
        comply with other applicable requirements under this Act.
            ``(2) Violations by states.--
                    ``(A) Enforcement action by administrator.--The 
                failure of a Chesapeake Basin State that submits a 
                watershed implementation plan under subsection (i) to 
                submit a biennial report, meet or correct a previously 
                missed 2-year commitment made in a watershed 
                implementation plan, or implement a watershed 
                implementation plan or permit program under this 
                section shall--
                            ``(i) constitute a violation of this Act; 
                        and
                            ``(ii) subject the State to an enforcement 
                        action by the Administrator.
                    ``(B) Enforcement action by citizens.--
                            ``(i) In general.--The failure of a 
                        Chesapeake Basin State that submits a watershed 
                        implementation plan under subsection (i) to 
                        meet or correct a previously missed 2-year 
                        commitment made in a watershed implementation 
                        plan or implement a watershed implementation 
                        plan or permit program under this section shall 
                        subject the appropriate State officer to a 
                        civil action seeking injunctive relief 
                        commenced by a citizen on behalf of the 
                        citizen.
                            ``(ii) Jurisdiction, venue, notice, and 
                        litigation costs.--
                                    ``(I) In general.--A citizen may 
                                commence a civil action on behalf of 
                                the citizen against a State under 
                                clause (i), subject to the requirements 
                                for notice, venue, and intervention 
                                described in subsections (b) and (c) of 
                                section 505 for a suit brought under 
                                section 505(a)(1)(A).
                                    ``(II) Jurisdiction.--Jurisdiction 
                                over a suit brought under subclause (I) 
                                shall be the district courts, as 
                                described in section 505(a).
                                    ``(III) Litigation costs.--The 
                                court may award litigation costs for 
                                suit brought under subclause (I), as 
                                described in section 505(d).
                            ``(iii) Savings clause.--Nothing in this 
                        subsection affects the ability of a citizen to 
                        bring an action for civil enforcement on behalf 
                        of the citizen under section 505.
    ``(o) Evaluations.--
            ``(1) In general.--The Inspectors General of the 
        Environmental Protection Agency and the Department of 
        Agriculture shall jointly evaluate and submit to Congress 
        reports describing the implementation of this section not less 
        frequently than once every 3 years.
            ``(2) Independent reviews.--
                    ``(A) In general.--The Administrator shall enter 
                into a contract with the National Academy of Sciences 
                or the National Academy of Public Administration under 
                which the Academy shall conduct 2 reviews of the 
                Chesapeake Basin restoration efforts under this 
                section.
                    ``(B) Inclusions.--Each review under subparagraph 
                (A) shall include an assessment of--
                            ``(i) progress made toward meeting the 
                        goals of this section;
                            ``(ii) efforts by Federal, State, and local 
                        governments and the private sector in 
                        implementing this section;
                            ``(iii) the methodologies (including 
                        computer modeling) and data (including 
                        monitoring data) used to support the 
                        implementation of this section; and
                            ``(iv) the economic impacts, including--
                                    ``(I) a comprehensive analysis of 
                                the costs of compliance;
                                    ``(II) the benefits of restoration;
                                    ``(III) the value of economic 
                                losses avoided; and
                                    ``(IV) a regional analysis of items 
                                (I) through (III), by Chesapeake Basin 
                                State and by sector, to the maximum 
                                extent practicable.
                    ``(C) Reports.--The National Academy of Sciences or 
                the National Academy of Public Administration shall 
                submit to the Administrator a report describing the 
                results of the reviews under this paragraph, together 
                with recommendations regarding the reviews (including 
                any recommendations with respect to efforts of the 
                Environmental Protection Agency or any other Federal or 
                State agency required to implement applicable water 
                quality standards in the Chesapeake Basin and achieve 
                those standards in the Chesapeake Bay and Chesapeake 
                Bay tidal segments), if any, by not later than--
                            ``(i) May 12, 2015, with respect to the 
                        first review required under this paragraph; and
                            ``(ii) May 12, 2020, with respect to the 
                        second review required under this paragraph.
    ``(p) Authorization of Appropriations.--
            ``(1) Chesapeake basin program office.--There is authorized 
        to be appropriated to the Chesapeake Basin Program Office to 
        carry out subsection (b)(2) $20,000,000 for each of fiscal 
        years 2010 through 2015.
            ``(2) Implementation, monitoring, and centers of excellence 
        grants.--
                    ``(A) Authorization of appropriations.--In addition 
                to amounts authorized to be appropriated or otherwise 
                made available to carry out this section, there are 
                authorized to be appropriated to the Administrator--
                            ``(i) to carry out a program to establish 
                        and support centers of excellence for water 
                        quality and agricultural policies and practices 
                        under subsection (e)(1)(C), $10,000,000 for 
                        each of fiscal years 2010 through 2015;
                            ``(ii) to provide implementation grants 
                        under subsection (e)(3)(A), $80,000,000 for 
                        each of fiscal years 2010 through 2015, to 
                        remain available until expended;
                            ``(iii) to carry out a freshwater 
                        monitoring program under subsection (e)(3)(B), 
                        $5,000,000 for each of fiscal years 2010 
                        through 2015;
                            ``(iv) to carry out a Chesapeake Bay and 
                        tidal water monitoring program under subsection 
                        (e)(3)(B), $5,000,000 for each of fiscal years 
                        2010 through 2015; and
                            ``(v) to carry out the Chesapeake nutrient 
                        trading guarantee pilot program under 
                        subsection (e)(1)(D), $20,000,000 for the 
                        period of fiscal years 2010 through 2015.
                    ``(B) Cost sharing.--The Federal share of the cost 
                of a program carried out using funds from a grant 
                provided--
                            ``(i) under subparagraph (A)(ii) shall not 
                        exceed--
                                    ``(I) 80 percent, with respect to 
                                funds provided for the provision of 
                                technical assistance to agricultural 
                                producers and forest owners; and
                                    ``(II) with respect to all other 
                                activities under that subparagraph--
                                            ``(aa) for the States of 
                                        Delaware, New York, and West 
                                        Virginia, shall not exceed 75 
                                        percent; and
                                            ``(bb) for the States of 
                                        Maryland, Pennsylvania, and 
                                        Virginia and for the District 
                                        of Columbia, shall not exceed 
                                        50 percent; and
                            ``(ii) under clauses (i), (iii), or (iv) of 
                        subparagraph (A) shall not exceed 80 percent.
            ``(3) Chesapeake stewardship grants.--There is authorized 
        to be appropriated to carry out subsection (h)(2) $15,000,000 
        for each of fiscal years 2010 through 2015.
            ``(4) Storm water pollution planning and implementation 
        grants.--
                    ``(A) Authorization of appropriations.--In addition 
                to amounts authorized or otherwise made available to 
                carry out this section, there are authorized to be 
                appropriated to the Administrator--
                            ``(i) to carry out subsection (j)(8)(B)(i), 
                        $10,000,000; and
                            ``(ii) to carry out subsection 
                        (j)(8)(B)(ii), $1,500,000,000.
                    ``(B) Cost-sharing.--A grant provided for a project 
                under--
                            ``(i) subsection (j)(8)(B)(i) may not be 
                        used to cover more than 80 percent of the cost 
                        of the project; and
                            ``(ii) subsection (j)(8)(B)(ii) may not be 
                        used to cover more than 75 percent of the cost 
                        of the project.
            ``(5) Nutria eradication grants.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the Secretary of the Interior to 
                provide financial assistance in the Chesapeake Basin 
                under subsection (l) $4,000,000 for each of fiscal 
                years 2010 through 2015.
                    ``(B) Cost-sharing.--
                            ``(i) Federal share.--The Federal share of 
                        the cost of carrying out the program under 
                        subsection (l) may not exceed 75 percent of the 
                        total costs of the program.
                            ``(ii) In-kind contributions.--The non-
                        Federal share of the cost of carrying out the 
                        program under subsection (l) may be provided in 
                        the form of in-kind contributions of materials 
                        or services.
            ``(6) Agricultural animal waste-to-bioenergy deployment 
        grants.--There is authorized to be appropriated to carry out 
        the agricultural animal waste-to-bioenergy deployment program 
        under subsection (j) $30,000,000 for the period of fiscal years 
        2010 to 2015, to remain available until expended.
            ``(7) Limitation on administrative costs.--Not more than 10 
        percent of the annual amount of any grant provided by the 
        Administrator or Secretary under any program described in this 
        subsection may be used for administrative costs.
            ``(8) Availability.--Amounts authorized to be appropriated 
        under this subsection shall remain available until expended.
    ``(q) Severability.--A determination that any provisions of this 
section is invalid, illegal, unenforceable, or in conflict with any 
other law shall not affect the validity, legality, or enforceability of 
the remaining provisions of this section.''.

SEC. 4. FEDERAL ENFORCEMENT.

    Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 
1319) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the first sentence, by 
                striking ``section 402'' and inserting ``section 117, 
                402,'';
                    (B) in paragraph (3), by inserting ``section 117 
                or'' before ``section 402'';
            (2) in subsection (d), in the first sentence, by inserting 
        ``section 117 or'' after ``a permit issued under''; and
            (3) in subsection (g)--
                    (A) in paragraph (1)(A), by inserting ``section 117 
                or'' before ``section 402''; and
                    (B) in paragraph (7), by striking ``section 402'' 
                and inserting ``section 117, 402,''.

SEC. 5. FEDERAL RESPONSIBILITY TO PAY FOR STORMWATER PROGRAMS.

    Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 
1323) is amended by adding at the end the following:
    ``(c) Reasonable Service Charges.--Reasonable service charges 
described in subsection (a) include any requirement to pay a reasonable 
fee, assessment, or charge imposed by any State or local agency to 
defray or recover the cost of stormwater management in the same manner 
and to the same extent as any nongovernmental entity.
    ``(d) No Treatment as Tax or Levy.--A fee, assessment, or charge 
described in this section--
            ``(1) shall not be considered to be a tax or other levy 
        subject to an assertion of sovereign immunity; and
            ``(2) may be paid using appropriated funds.''.

SEC. 6. RELATIONSHIP TO NATIONAL ESTUARY PROGRAM.

    Section 320(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(b)) is amended in the last sentence by inserting ``or 
section 117'' after ``this section''.

SEC. 7. SEPARATE APPROPRIATIONS ACCOUNT.

    Section 1105(a) of title 31, United States Code, is amended--
            (1) by redesignating paragraphs (35) and (36) as paragraphs 
        (36) and (37), respectively;
            (2) by redesignating the second paragraph (33) (relating to 
        obligational authority and outlays requested for homeland 
        security) as paragraph (35); and
            (3) by adding at the end the following:
            ``(38) a separate statement for the Chesapeake Nutrient 
        Trading Guarantee Fund established under section 117(e)(1)(E) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1267(e)(1)(E))(as amended by the Chesapeake Clean Water and 
        Ecosystem Restoration Act), which shall include the estimated 
        amount of deposits into the Fund, obligations, and outlays from 
        the Fund.''.
                                                       Calendar No. 620

111th CONGRESS

  2d Session

                                S. 1816

                          [Report No. 111-333]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 28, 2010

                       Reported with an amendment