[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2739 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2739

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2009

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Puget Sound Recovery Act of 2009''.

SEC. 2. PUGET SOUND.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``SEC. 123. PUGET SOUND.

    ``(a) Definitions.--In this section:
            ``(1) Comprehensive plan.--The term `Comprehensive Plan' 
        means the Puget Sound Action Agenda, a comprehensive 
        conservation and management plan established under section 320, 
        as modified by the Puget Sound Partnership.
            ``(2) Council.--The term `Council' means the Puget Sound 
        Program Advisory Council established by subsection (d)(1).
            ``(3) Director.--The term `Director' means the Director of 
        the Puget Sound Program Office.
            ``(4) Office.--The term `Office' means the Puget Sound 
        Program Office established under subsection (b)(1).
            ``(5) Puget sound partnership.--The term `Puget Sound 
        Partnership' means the agency of the State of Washington, 
        together with associated councils, boards, and panels, that 
        is--
                    ``(A) formed under authority of State law for the 
                purpose of protecting and restoring Puget Sound; and
                    ``(B) designated as the management conference under 
                section 320.
    ``(b) Program Office.--
            ``(1) Establishment.--The Administrator shall establish 
        within the Environmental Protection Agency a Puget Sound 
        Program Office, to be co-located with the Puget Sound 
        Partnership in the State of Washington.
            ``(2) Appointment of director.--The Administrator shall 
        appoint a Director of the Office, who, by reason of management 
        experience and technical expertise relating to Puget Sound, is 
        highly qualified to support the development and implementation 
        of projects, programs, and studies necessary to implement the 
        Comprehensive Plan.
            ``(3) Delegation of authority; staffing.--The Administrator 
        shall delegate to the Director such authority and provide such 
        additional staff as are necessary to carry out this section.
    ``(c) Duties.--
            ``(1) In general.--In carrying out this section, the 
        Administrator, acting through the Director, shall--
                    ``(A) assist and support the implementation of the 
                Comprehensive Plan;
                    ``(B) provide funding and make grants for 
                implementation of the Comprehensive Plan and projects, 
                programs, and studies consistent with the priorities of 
                the Comprehensive Plan;
                    ``(C) promote innovative methodologies and 
                technologies that are cost-effective and consistent 
                with the identified goals and objectives of the 
                Comprehensive Plan and Environmental Protection Agency 
                permitting processes;
                    ``(D) coordinate the major functions of the Federal 
                Government relating to the implementation of the 
                Comprehensive Plan, including projects, programs, and 
                studies for--
                            ``(i) water quality improvements;
                            ``(ii) wetland, riverine, and estuary 
                        restoration and protection;
                            ``(iii) nearshore restoration and 
                        protection; and
                            ``(iv) endangered species recovery;
                    ``(E) coordinate the research and planning projects 
                authorized under this section with activities of 
                Federal agencies, State agencies, Indian tribes, 
                institutions of higher education, and the Science Panel 
                of the Puget Sound Partnership, including conducting or 
                commissioning studies considered to be necessary by the 
                Science Panel for strengthened implementation of the 
                Comprehensive Plan;
                    ``(F) track progress toward meeting the identified 
                goals and objectives of the Comprehensive Plan by--
                            ``(i) implementing and supporting a 
                        project, program, and study monitoring system 
                        consistent with the performance management 
                        system used by the Puget Sound Partnership; and
                            ``(ii) coordinating, managing, and 
                        reporting environmental data relating to Puget 
                        Sound in a manner consistent with methodologies 
                        used by the Puget Sound Partnership, including, 
                        to the maximum extent practicable, making such 
                        data and reports on such data available to the 
                        public, including on the Internet, in a timely 
                        manner;
                    ``(G) coordinate projects, programs, and studies 
                for the protection of Puget Sound, the Strait of 
                Georgia, and the Strait of Juan de Fuca with Canadian 
                authorities; and
                    ``(H) collect and make available to the public, 
                including on the Internet, publications and other forms 
                of information relating to the environmental quality of 
                Puget Sound.
            ``(2) Implementation methods.--The Administrator, acting 
        through the Director, may enter into interagency agreements, 
        make intergovernmental personnel appointments, provide funding, 
        provide grants, and use other available methods in carrying out 
        the duties of the Director under this subsection.
    ``(d) Puget Sound Program Advisory Council.--
            ``(1) In general.--There is established a council, to be 
        known as the `Puget Sound Program Advisory Council', to provide 
        advice to the Administrator on the implementation of the 
        identified goals and objectives of the Comprehensive Plan.
            ``(2) Composition.--The Council shall consist of--
                    ``(A) a Federal agency board consisting of--
                            ``(i) representatives of appropriate 
                        Federal agencies that may affect or implement 
                        projects or programs identified in the 
                        Comprehensive Plan;
                            ``(ii) the Executive Director of the Puget 
                        Sound Partnership; and
                            ``(iii) the Director, who shall serve as 
                        Chairperson of the Federal agency board; and
                    ``(B) an intergovernmental board consisting of the 
                members of the Leadership Council and the Ecosystem 
                Coordination Board of the Puget Sound Partnership.
            ``(3) Meetings.--The Council shall meet at least twice per 
        year--
                    ``(A) to assess the progress of the Office in 
                meeting the identified goals and objectives of the 
                Comprehensive Plan;
                    ``(B) to identify improvements to meeting the 
                identified goals and objectives of the Comprehensive 
                Plan; and
                    ``(C) to assess Federal agency budget needs to 
                implement the Comprehensive Plan.
            ``(4) Compensation of members.--A member of the Council 
        shall serve without compensation.
            ``(5) Travel expenses.--Subject to the availability of 
        appropriations, the Administrator shall reimburse a member of 
        the Council for travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of a Federal 
        agency under subchapter I of chapter 57 of title 5, United 
        States Code, while away from home or the regular place of 
        business of the member in performance of services for the 
        Council.
    ``(e) Implementation of the Comprehensive Plan.--
            ``(1) In general.--The Administrator, acting through the 
        Director, in consultation with the Puget Sound Partnership, 
        shall carry out projects, programs, and studies to implement 
        the Comprehensive Plan.
            ``(2) Priority projects, programs and studies.--The 
        Administrator shall give special emphasis to projects, 
        programs, and studies that are identified as priorities by the 
        Puget Sound Partnership in the Comprehensive Plan.
            ``(3) Grants.--The Administrator, acting through the 
        Director, may provide grants for projects, programs, and 
        studies to implement the Comprehensive Plan, including--
                    ``(A) a comprehensive grant, in an amount equal to 
                50 percent of the funds made available to carry out 
                this subsection for a fiscal year, to the Puget Sound 
                Partnership for--
                            ``(i) use in managing the implementation of 
                        the Comprehensive Plan; and
                            ``(ii) allocation by the Puget Sound 
                        Partnership for projects, programs, and studies 
                        prioritized in the Comprehensive Plan; and
                    ``(B) other grants, in an aggregate amount equal to 
                50 percent of the funds made available to carry out 
                this subsection for a fiscal year, to State and 
                regional water pollution control agencies and entities, 
                federally recognized Indian tribes, State coastal zone 
                management agencies, local governments, other public or 
                nonprofit private agencies, institutions, or 
                organizations for use in implementing specific 
                projects, programs, and studies identified in the 
                Comprehensive Plan.
            ``(4) Federal share.--The Federal share of the cost of a 
        project, program, or study carried out under this subsection 
        shall be--
                    ``(A) not more than 50 percent of the cost of a 
                project, program, or study; or
                    ``(B) up to 100 percent of the cost of a project, 
                program, or study if the project, program, or study is 
                located in or specifically affects a community that 
                meets the affordability criteria for distressed 
                communities established by the State in which the 
                community is located, if such criteria are established 
                after public review and comment.
            ``(5) Form of non-federal share.--The non-Federal share of 
        the cost of any project, program, or study funded under this 
        subsection shall be provided from non-Federal sources.
    ``(f) Annual Budget Plan.--The President, as part of the annual 
budget of the Federal Government, shall submit information regarding 
each Federal agency involved in Puget Sound protection and restoration, 
including--
            ``(1) an interagency crosscut budget that displays for each 
        Federal agency--
                    ``(A) amounts obligated for the preceding fiscal 
                year for protection and restoration projects, programs, 
                and studies relating to Puget Sound;
                    ``(B) the estimated budget for the current fiscal 
                year for protection and restoration projects, programs. 
                and studies relating to Puget Sound; and
                    ``(C) the proposed budget for protection and 
                restoration projects, programs, and studies relating to 
                Puget Sound; and
            ``(2) a description and assessment of the Federal role in 
        the implementation of the Comprehensive Plan and the specific 
        role of each Federal agency involved in Puget Sound protection 
        and restoration, including specific projects, programs, and 
        studies conducted or planned to achieve the identified goals 
        and objectives of the Comprehensive Plan.
    ``(g) Report.--Not later than 1 year after the date of enactment of 
this section and biennially thereafter, the Administrator and the 
Executive Director of the Puget Sound Partnership shall jointly submit 
to Congress a report that--
            ``(1) summarizes the progress made in implementing the 
        Comprehensive Plan and progress toward achieving the identified 
        goals and objectives described in the Comprehensive Plan;
            ``(2) summarizes any modifications to the Comprehensive 
        Plan in the period covered by the report;
            ``(3) incorporates specific recommendations concerning the 
        implementation of the Comprehensive Plan; and
            ``(4) summarizes the roles and progress of each Federal 
        agency that has jurisdiction in the Puget Sound watershed 
        toward meeting the identified goals and objectives of the 
        Comprehensive Plan.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section 
$125,000,000 for each of fiscal years 2010 through 2015, to remain 
available until expended.''.
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