II 112th CONGRESS 2d Session S. 2294 IN THE SENATE OF THE UNITED STATES April 18, 2012 Mr. Casey (for himself, Mr. Cardin, Ms. Mikulski, Mr. Warner, and Mr. Webb) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To provide for continued conservation efforts in the Chesapeake Bay watershed, increase energy production from animal waste, improve transparency of Federal restoration efforts, and expand agricultural opportunities to participate in State voluntary water quality credit trading programs.

1.

Short title

This Act may be cited as the Chesapeake Bay Watershed Fairness Act of 2012.

2.

Chesapeake Bay watershed program

(a)

In general

Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb–4) is amended— (1)by striking subsection (a) and inserting the following: (a)

Definitions

In this section: (1)

Chesapeake Bay State; State

The terms Chesapeake Bay State and State means any of— (A)the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; and (B)the District of Columbia. (2)

Chesapeake Bay watershed

The term Chesapeake Bay watershed means all tributaries, backwaters, and side channels, including their watersheds, draining into the Chesapeake Bay in a Chesapeake Bay State. (3)

Technical service provider

The term technical service provider may include any provider who— (A)has experience working with individuals who, due to religious tenets, do not accept government assistance; and (B)meets the requirements of section 1242(e). (4)

Water quality trading preparation activity

The term water quality trading preparation activity includes the following activities carried out with respect to agricultural land or nonindustrial private forest land: (A)Identification of existing and additional best management practices required for eligibility to participate in water quality trading. (B)Related activities that the Secretary determines will help agricultural producers or owners achieve eligibility to participate in water quality markets. ; (2)by inserting and owners after producers each place it appears in subsections (b), (c), (d)(1)(A), (d)(2), and (e)(1); (3)in subsection (b), in the matter preceding paragraph (1), by inserting and nonindustrial private forest lands after agricultural lands; (4)by redesignating subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (j), (k), and (l), respectively; (5)by inserting after subsection (c) the following: (d)

Technical assistance

(1)

Technical assistance to Chesapeake Bay States

(A)

State water quality goals

The Secretary may provide technical assistance to a Chesapeake Bay State to assist in developing the water quality goals of the State to result in reductions in losses of nitrogen, phosphorus, and sediment from agricultural or nonindustrial private forest land in the Chesapeake Bay watershed to improve water quality in the Chesapeake Bay watershed. (B)

Certainty

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

Interstate trading

The Secretary may provide technical assistance to a Chesapeake Bay State to harmonize State water quality trading technical guidelines with other Chesapeake Bay States in preparation for interstate trading. (D)

Targeted assistance to Chesapeake Bay States

(i)

In general

The Secretary may enter into an agreement with a Chesapeake Bay State (including any political subdivision and agency of the Chesapeake Bay State) to provide financial and technical assistance to the Chesapeake Bay State. (ii)

Purpose of assistance

Assistance provided by the Secretary under this subparagraph shall be used by the Chesapeake Bay State to provide, through a technical service provider, the technical assistance needed by an agricultural producer or owner in the Chesapeake Bay watershed— (I)to promote water quality goals of the Chesapeake Bay State; (II)to obtain certainty under subparagraph (B); or (III)to conduct a water quality trading preparation activity. (2)

Technical assistance to agricultural producers and owners of certain nonindustrial private forest land

The Secretary may provide technical assistance to agricultural producers and owners of nonindustrial private forest land in the Chesapeake Bay watershed directly or through third-party providers— (A)for conservation services, including— (i)education regarding activities the producers and owners can undertake to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in the Chesapeake Bay watershed; and (ii)conservation planning, implementation, and maintenance to reduce losses of nitrogen, phosphorus, and sediment from agricultural and nonindustrial private forest land in the Chesapeake Bay watershed; (B)in identifying existing best management practices and assessing practices required to achieve compliance with State and Federal water quality laws, including through— (i)outreach to producers and owners to determine interest in receiving assistance; and (ii)adoption and use of tools and technology capable of assessing practices required to achieve compliance with State and Federal water quality laws; and (C)in attaining eligibility to participate in water quality trading markets, including preparation activities. ; (6)in subsection (e) (as redesignated by paragraph (4))— (A)in paragraph (1)— (i)in subparagraph (A), by striking and at the end; (ii)in subparagraph (B), by striking the period at the end and inserting ; and; and (iii)by adding at the end the following: (C)provide technical assistance directly or through technical service providers in carrying out this section. ; and (B)in paragraph (2), by adding at the end the following: (E)The James River. ; (7)in paragraph (2) of subsection (f) (as redesignated by paragraph (4)), by inserting or owner after producer; and (8)by inserting after subsection (f) (as redesignated by paragraph (4)) the following: (g)

Cost-Effectiveness

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

Crosscut budget

(1)

In general

The Secretary, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall annually submit to Congress a financial report containing— (A)an interagency crosscut budget that displays— (i)the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intraagency transfer, for each Federal agency that carries out restoration activities; (ii)to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (iii)all expenditures for Federal restoration activities from the preceding 3 fiscal years, the current fiscal year, and the succeeding fiscal year; and (iv)all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in clause (iii); (B)a detailed accounting of all amounts received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of amounts that were transferred to a Chesapeake Bay State for restoration activities; (C)to the extent that information is available, a detailed accounting from each State of all amounts received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (D)a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in clauses (i) and (ii) of subparagraph (A)), including— (i)the project description; (ii)the current status of the project; (iii)the Federal or State statutory or regulatory authority, program, or responsible agency; (iv)the authorization level for appropriations; (v)a timeline for the project, including benchmarks; (vi)references to project documents; (vii)descriptions of risks and uncertainties of project implementation; (viii)a description of the applicable adaptive management actions or framework; (ix)a list of coordinating entities; (x)a description of funding history for the project; (xi)cost-sharing, if any, for the project; and (xii)alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities. (2)

Minimum funding levels

The Secretary shall only describe restoration activities in the report required under paragraph (1) that— (A)for Federal restoration activities, have funding amounts greater than or equal to $100,000; and (B)for State restoration activities, have funding amounts greater than or equal to $50,000. (3)

Submission

Not later than 30 days after the date on which the President submits the annual budget to Congress under section 1105 of title 31, United States Code, the Secretary shall submit the report required by paragraph (1) to— (A)the Committees on Appropriations, Agriculture, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives; and (B)the Committees on Appropriations, Agriculture, Nutrition and Forestry, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (4)

Effective date

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

Websites

(1)

In general

Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish and maintain— (A)a user-friendly, publicly available website to promote greater accountability and transparency regarding the crosscut budget described in subsection (h); and (B)a user-friendly, publicly available website to provide information on Federal, State, local and private resources available to those interested in implementing conservation practices. (2)

Crosscut budget website

The website established under paragraph (1)(A) shall provide— (A)accountability information, including findings from audits, inspectors general, and the Government Accountability Office; (B)data on relevant economic, financial, grant, and contract information in user-friendly visual presentations to enhance public awareness of the use of covered funds; (C)links to other government websites at which key information relating to efforts to improve the water quality of the Chesapeake Bay watershed may be found; (D)printable reports on covered funds obligated by month to each State and congressional district; and (E)links to other government websites providing information concerning covered funds, including Federal agency and State websites. (3)

Website focused on resources

The website established under paragraph (1)(B) shall— (A)provide— (i)user-friendly access for agricultural producers, owners of nonindustrial private forest land, Federal, State, and local governments, academic and nongovernmental organizations, industry associations, and other interested parties to industry-specific regulatory compliance and conservation program information that the Secretary considers potentially useful to agricultural producers and owners of nonindustrial private forest land located in the Chesapeake Bay watershed; and (ii)detailed examples of successful conservation projects; and (B)be arranged in industry-specific categories. (4)

Revisions

The Secretary shall enhance and update the websites established under paragraph (1) as necessary. . (b)

Funding

Subsection (l) of section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb–4) (as redesignated by subsection (a)(4)) is amended— (1)in subparagraph (C), by striking and after the semicolon at the end; (2)in subparagraph (D), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (E)$50,000,000 for each of fiscal years 2013 through 2018. .

3.

Water quality trading eligibility planning

Section 1240A(5)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(5)(B)) is amended— (1)in clause (i), by striking and at the end; (2)by redesignating clause (ii) as clause (iii); and (3)by inserting after clause (i) the following: (ii)water quality trading eligibility planning; and .

4.

Energy production from agricultural sources in the Chesapeake Bay

(a)

Rural Energy for America Program

Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended— (1)in subsection (c)(2)— (A)in subparagraph (F), by striking and at the end; (B)by redesignating subparagraph (G) as subparagraph (H); and (C)by inserting after subparagraph (F) the following: (G)in the case of a manure-to-energy system or improvement, whether the system or improvement includes an integrative approach to water quality issues; and ; and (2)in subsection (g), by adding at the end the following: (4)

Watershed projects

(A)

In general

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

Insufficient applications

If funds described in subparagraph (A) remain available by April 1 of the fiscal year due to insufficient applications for projects described in that subparagraph, the funds shall be available to carry out other purposes under this section. . (b)

Environmental quality incentives program

Section 1240C(b) of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(b)) is amended— (1)in paragraph (3), by striking and at the end; (2)in paragraph (4), by striking the period at the end and inserting ; and; and (3)by adding at the end the following: (5)in the case of applications involving manure-to-energy projects, whether the projects include an integrative approach to water quality issues. .

5.

Forest cover at Federal facilities

Not later than 90 days after the date of enactment of this Act, the Secretary of Agriculture, with the advice of the Chief of the Forest Service and the appropriate Chesapeake Basin State forester, shall coordinate with the head of each Federal agency that owns or operates a facility within the Chesapeake Basin (as determined by the Secretary) to develop plans to maximize forest cover at the facility through— (1)the preservation of existing forest cover; or (2)with respect to a facility that has been previously disturbed or developed, the development of a reforestation plan, as appropriate.