[House Report 111-36]
[From the U.S. Government Publishing Office]






111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-36

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1262) TO AMEND THE 
  FEDERAL WATER POLLUTION CONTROL ACT TO AUTHORIZE APPROPRIATIONS FOR 
 STATE WATER POLLUTION CONTROL REVOLVING FUNDS, AND FOR OTHER PURPOSES

                                _______
                                

   March 11, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Arcuri, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 235]

    The Committee on Rules, having had under consideration 
House Resolution 235, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1262, the 
``Water Quality Investment Act of 2009,'' under a structured 
rule. The resolution provides for one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and 
Infrastructure.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution makes in order the amendment 
in the nature of a substitute recommended by the Committee on 
Transportation and Infrastructure as the original bill for the 
purpose of further amendment and considers the committee 
amendment as read. The resolution waives all points of order 
against the committee amendment except those arising under 
clause 10 of rule XXI. This waiver does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The resolution makes in order only those amendments printed 
in this report and waives all points of order against such 
amendments except those arising under clause 9 or 10 of rule 
XXI. The amendments made in order shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided by the proponent and an opponent, shall not be 
subject to amendment, and shall not be subject to a demand for 
a division of the question. The resolution provides one motion 
to recommit with or without instructions. Finally, the 
resolution lays on the table House Resolutions 218, 219, and 
229.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except those arising under clause 9 or 10 of rule 
XXI) includes waivers of: (1) clause 3(c)(4) of rule XIII 
(requiring a statement of general performance goals and 
objectives in committee reports) and (2) section 303 of the 
Congressional Budget Act (prohibiting consideration of 
legislation, as reported, providing changes in revenues for a 
fiscal year until the budget resolution for that year has been 
agreed to). The waiver of all points of order against the 
committee amendment in the nature of a substitute includes a 
waiver of clause 5(a) of rule XXI (prohibiting a bill carrying 
a tax or tariff measure from being reported by a committee not 
having jurisdiction to report tax or tariff measures).

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    1. Oberstar, James (MN): Would authorize tribal governments 
to be eligible for technical and management assistance for 
small publicly-owned sewerage agencies; amend an existing Clean 
Water Act authority for the Environmental Protection Agency 
(EPA) to carry out pilot projects by ensuring that certain 
``green technology'' activities are eligible for controlling 
stormwater runoff, and increase the authorization of 
appropriations for this authority to $100 million for each of 
fiscal years 2010 through 2014; clarify the eligibility for 
construction of energy-efficient or renewable-energy generation 
technologies at publicly-owned sewerage agencies under the 
Clean Water State Revolving Fund; provide additional criteria 
for States to determine ``affordability criteria'' for waste-
water infrastructure projects and activities, including factors 
related to per capita income and local unemployment rates; 
provide additional transparency and accountability for 
expenditures from the Clean Water State Revolving Fund by 
requiring EPA to conduct, and make publicly available, an 
annual performance review of expenditures from the Clean Water 
State Revolving Fund, including a review of the types and 
categories of projects and activities carried out using the 
fund, and an estimate of the number of jobs created from 
proceeds of the fund; strike a provision related to the 
collection of tonnage duties that was unnecessary; authorize 
additional studies on the water-related infrastructure needs 
along the United States-Mexican border region, and the 
condition of wastewater infrastructure on the Great Lakes; 
require States to set-aside 20 percent of combined sewer and 
sanitary sewer grants to communities that implement green 
infrastructure or other water and energy efficient 
improvements; and require the EPA Administrator to conduct a 
study on the presence of pharmaceuticals and personal care 
products in the waters of the United States. (10 minutes)
    2. Mack, Connie (FL): Would remove all Davis-Bacon 
prevailing wage provisions from the bill. (20 minutes)
    3. Markey, Betsy (CO)/Kratovil, Frank, Jr. (MD): Would 
require states to use at least 15% (instead of 10% as required 
in the bill) of each capitalization grant for water pollution 
control to provide assistance to municipalities of less than 
10,000 people to the extent that there are sufficient 
applications for assistance. (10 minutes)
    4. Miller, Candice (MI): Would direct the EPA to convene a 
task force (EPA, FDA, and others appointed by the Administrator 
of the EPA) to develop recommendations on the proper disposal 
of unused pharmaceuticals and a strategy to educate the public 
on those recommendations. It also would permit, at the request 
of the head of the task force, any federal agency or department 
to detail personnel to the task force. (10 minutes)
    5. Flake, Jeff (AZ): Would prohibit earmarking of funds 
appropriated as a result of the reauthorization of the Water 
Pollution Control Revolving Loan Funds included in the bill. 
(10 minutes)
    6. Polis, Jared (CO): Would require that States, in the 
development of their priority methodology, give priority to 
projects that construct bioswales that filter and naturally 
store stormwater runoff and floodwaters for future water supply 
and recharge of natural aquifers. (10 minutes)
    7. Roskam, Peter (IL): Would require the Director of OMB to 
study programs authorized by the Act under the Program 
Assessment Rating Tool or a successor performance assessment 
tool developed by OMB. (10 minutes)
    8. Dahlkemper, Kathleen (PA): Would require certification 
by a system operator that both water and energy conservation 
are components of their fiscal sustainability plan. (10 
minutes)
    9. Wittman, Robert (VA): Would require the OMB Director to 
submit to Congress a financial report containing an interagency 
crosscut budget for restoration activities that protect, 
conserve, or restore water quality in the Chesapeake Bay 
watershed. Also, the EPA Administrator would have to develop 
and update an adaptive management plan for Chesapeake Bay 
restoration activities. (10 minutes)
    10. Driehaus, Steve (OH): Would increase from $1.8 billion 
to $2.5 billion the authorization level for the grant program 
that makes funds available for combined sewer overflows and 
sanitary sewer overflows. (10 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

1. An Amendment To Be Offered by Representative Oberstar of Minnesota, 
               or His Designee, Debatable for 10 Minutes

  In section 1101(a)(3) of the bill, in the matter proposed to 
be inserted as section 104(b)(8) of the Federal Water Pollution 
Control Act--
          (1) in subparagraph (A)--
                  (A) insert ``and tribal governments'' after 
                ``small municipalities''; and
                  (B) insert ``and tribal governments'' after 
                ``such municipalities''; and
          (2) in subparagraphs (B) and (C) strike ``rural and 
        small'' and insert ``rural, small, and tribal''.
  In section 1103(a)(2) of the bill, amend subparagraph (A) to 
read as follows:
                  (A) in the matter preceding paragraph (1)--
                          (i) by striking ``for treatment 
                        works'' and inserting ``to a 
                        municipality or municipal entity''; and
                          (ii) by striking ``wet weather 
                        discharge'';
  In section 1103(a)(2)(B) of the bill, in the matter proposed 
to be inserted in section 122(a)(2) of the Federal Water 
Pollution Control Act, strike ``technologies'' and insert 
``technologies and other techniques that utilize infiltration, 
evapotranspiration, and reuse of storm water on site''.
  In section 1103 of the bill, amend subsection (b) to read as 
follows:
  (b) Authorization of Appropriations.--The first sentence of 
section 122(c)(1) is amended--
          (1) by striking ``and''; and
          (2) by striking the period and inserting ``, such 
        sums as may be necessary for each of fiscal years 2005 
        through 2009, and $100,000,000 for each of fiscal years 
        2010 through 2014.''.
  In section 1303(a) of the bill, in the matter proposed to be 
inserted in section 603(c) of the Federal Water Pollution 
Control Act--
          (1) in paragraph (7) strike ``and'' after the 
        semicolon;
          (2) in paragraph (8) strike ``section 122.'', the 
        closing quotation marks, and the final period and 
        insert ``section 122; and''; and
          (3) add after paragraph (8) the following:
          ``(9) to any municipality or intermunicipal, 
        interstate, or State agency for measures to reduce the 
        energy consumption needs for publicly owned treatment 
        works, including the implementation of energy-efficient 
        or renewable-energy generation technologies.''.
  In section 1303(f) of the bill, in the matter proposed to be 
inserted as section 603(i)(2)(A) of the Federal Water Pollution 
Control Act, strike the last sentence and insert the following: 
``Such criteria shall be based on income data, population 
trends, and other data determined relevant by the State, 
including whether the project or activity is to be carried out 
in an economically distressed area, as described in section 301 
of the Public Works and Economic Development Act of 1965 (42 
U.S.C. 3161).''.
  Amend section 1306 of the bill to read as follows:

SEC. 1306. ANNUAL REPORTS.

  Section 606(d) (33 U.S.C. 1386(d)) is amended--
          (1) by striking ``(d) Annual Report.--Beginning'' and 
        inserting the following:
  ``(d) Annual Reports.--
          ``(1) State report.--Beginning'';
          (2) in paragraph (1) (as so designated) by striking 
        ``loan amounts,'' and inserting ``loan amounts, the 
        eligible purposes under section 603(c) for which the 
        assistance has been provided,''; and
          (3) by adding at the end the following:
          ``(2) Federal report.--The Administrator shall 
        annually prepare, and make publicly available, a report 
        on the performance of the projects and activities 
        carried out in whole or in part with assistance made 
        available by a State water pollution control revolving 
        fund as authorized under this title during the previous 
        fiscal year, including--
                  ``(A) the annual and cumulative financial 
                assistance provided to States under this title;
                  ``(B) the categories and types of such 
                projects and activities;
                  ``(C) an estimate of the number of jobs 
                created through carrying out such projects and 
                activities;
                  ``(D) an assessment of the progress made 
                toward meeting the goals and purposes of this 
                Act through such projects and activities; and
                  ``(E) any additional information that the 
                Administrator considers appropriate.''.
  At the end of title I of the bill, add the following (with 
the correct sequential provision designations [replacing the 
numbers currently shown for such designations]) and conform the 
table of contents accordingly:

SEC. 1309. UNITED STATES-MEXICAN BORDER WATER INFRASTRUCTURE STUDIES.

  (a) Study of Infrastructure Along the Rio Grande River.--
          (1) In general.--The Administrator of the 
        Environmental Protection Agency shall conduct a study 
        of wastewater treatment facilities that discharge into 
        the Rio Grande River and develop recommendations for 
        improving monitoring, information sharing, and 
        cooperation between the United States and Mexico.
          (2) Consultation.--The Administrator shall conduct 
        the study in consultation with the Secretary of State, 
        appropriate representatives of the Mexican government, 
        and the International Boundary Waters Commission.
          (3) Report.--Not later than 12 months after the date 
        of enactment of this Act, the Administrator shall 
        submit to Congress a report on the results of the 
        study, together with the recommendations developed 
        under paragraph (1).
  (b) Study of Water Infrastructure Along the United States-
Mexico Border.--
          (1) Study.--The Comptroller General shall conduct a 
        study on water infrastructure along the border between 
        the United States and Mexico to augment current studies 
        relating to colonias development.
          (2) Contents.--In conducting the study, the 
        Comptroller General shall examine the comprehensive 
        planning needs relating to water and wastewater 
        infrastructure for colonias along the border between 
        the United States and Mexico.
          (3) Report.--Not later than 12 months after the date 
        of enactment of this Act, the Comptroller General shall 
        submit to Congress a report on the results of the 
        study.
  In section 1501 of the bill, strike subsection (b) and 
redesignate subsections (c) and (d) as subsections (b) and (c), 
respectively.
  In section 1501(c)(3) of the bill (as so redesignated)--
          (1) in subparagraph (A) insert ``and'' after the 
        semicolon;
          (2) in subparagraph (B) strike ``; and'' and insert a 
        period; and
          (3) strike subparagraph (C).
  Strike section 3001(b) of the bill and insert the following:
  (b) Authorization of Appropriations.--Section 221(f) (33 
U.S.C. 1301(f)) is amended to read as follows:
  ``(f) Authorization of Appropriations.--
          ``(1) In general.--There is authorized to be 
        appropriated to carry out this section $250,000,000 for 
        fiscal year 2010, $300,000,000 for fiscal year 2011, 
        $350,000,000 for fiscal year 2012, $400,000,000 for 
        fiscal year 2013, and $500,000,000 for fiscal year 
        2014. Such sums shall remain available until expended.
          ``(2) Minimum allocations.--To the extent there are 
        sufficient eligible project applications, the 
        Administrator shall ensure that a State uses not less 
        than 20 percent of the amount of the grants made to the 
        State under subsection (a) in a fiscal year to carry 
        out projects to control municipal combined sewer 
        overflows and sanitary sewer overflows through the use 
        of green infrastructure, water and energy efficiency 
        improvements, and other environmentally innovative 
        activities.''.
  At the end of title V of the bill, add the following (with 
the correct sequential provision designations [replacing the 
numbers currently shown for such designations]) and conform the 
table of contents accordingly:

SEC. 5004. GREAT LAKES WATER QUALITY.

  (a) Study.--The Administrator of the Environmental Protection 
Agency, in consultation with the Secretary of State and the 
Government of Canada, shall conduct a study of the condition of 
wastewater treatment facilities located in the United States 
and Canada that discharge into the Great Lakes.
  (b) Contents.--In conducting the study, the Administrator 
shall--
          (1) determine the effect that such treatment 
        facilities have on the water quality of the Great 
        Lakes; and
          (2) develop recommendations--
                  (A) to improve water quality monitoring by 
                the operators of such treatment facilities;
                  (B) to establish a protocol for improved 
                notification and information sharing between 
                the United States and Canada; and
                  (C) to promote cooperation between the United 
                States and Canada to prevent the discharge of 
                untreated and undertreated wastewater into the 
                Great Lakes.
  (c) Consultation.--In conducting the study, the Administrator 
shall consult with the International Joint Commission.
  (d) Report.--Not later than 12 months after the date of 
enactment of this Act, the Administrator shall submit to 
Congress a report on the results of the study, together with 
the recommendations developed under subsection (b)(2).
  At the end of the bill, add the following (with the correct 
sequential provision designations [replacing the numbers 
currently shown for such designations]) and conform the table 
of contents accordingly:

          TITLE VI--PHARMACEUTICALS AND PERSONAL CARE PRODUCTS


SEC. 6001. PRESENCE OF PHARMACEUTICALS AND PERSONAL CARE PRODUCTS IN 
                    WATERS OF THE UNITED STATES.

  Section 104 (33 U.S.C. 1254) is amended by adding at the end 
the following:
  ``(w) Presence of Pharmaceuticals and Personal Care Products 
in Waters of the United States.--
          ``(1) Study.--The Administrator, in consultation with 
        appropriate Federal agencies (including the National 
        Institute of Environmental Health Sciences), shall 
        conduct a study on the presence of pharmaceuticals and 
        personal care products (in this subsection referred to 
        as `PPCPs') in the waters of the United States.
          ``(2) Contents.--In conducting the study under 
        paragraph (1), the Administrator shall--
                  ``(A) identify PPCPs that have been detected 
                in the waters of the United States and the 
                levels at which such PPCPs have been detected;
                  ``(B) identify the sources of PPCPs in the 
                waters of the United States, including point 
                sources and nonpoint sources of PPCP 
                contamination; and
                  ``(C) identify methods to control, limit, 
                treat, or prevent PPCPs in the waters of the 
                United States.
          ``(3) Report.--Not later than 12 months after the 
        date of enactment of this subsection, the Administrator 
        shall submit to Congress a report on the results of the 
        study conducted under this subsection, including the 
        potential effects of PPCPs in the waters of the United 
        States on human health and aquatic wildlife.
          ``(4) Pharmaceuticals and personal care products 
        defined.--In this subsection, the terms 
        `pharmaceuticals and personal care products' and 
        `PPCPs' mean products used by individuals for personal 
        health or cosmetic reasons or used to enhance growth or 
        health of livestock.''.
                              ----------                              


2. An Amendment To Be Offered by Representative Mack of Florida, or His 
                   Designee, Debatable for 20 Minutes

    In section 1302(b)(4) of the bill, in the matter proposed 
to be inserted as section 602(b)(14) of the Federal Water 
Pollution Control Act, insert ``and'' after the semi-colon.
    In section 1302(b)(4) of the bill, in the matter proposed 
to be inserted as section 602(b)(15) of the Federal Water 
Pollution Control Act, strike ``; and'' and insert a period.
    In section 1302(b)(4) of the bill, strike the matter 
proposed to be inserted as section 602(b)(16) of the Federal 
Water Pollution Control Act.
                              ----------                              


3. An Amendment To Be Offered by Representative Markey of Colorado, or 
                 Her Designee, Debatable for 10 Minutes

    In section 1302(b)(4) of the bill, in the matter proposed 
to be inserted as section 602(b)(14) of the Federal Water 
Pollution Control Act, strike ``10 percent'' and insert ``15 
percent''.
                              ----------                              


4. An Amendment To Be Offered by Representative Miller of Michigan, or 
                 Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (with the correct 
sequential provision designations [replacing the numbers 
currently shown for such designations]) and conform the table 
of contents accordingly:

                        TITLE VI--MISCELLANEOUS


SEC. 6001. TASK FORCE ON PROPER DISPOSAL OF UNUSED PHARMACEUTICALS.

  (a) In General.--In furtherance of the national goals and 
policies set forth in section 101 of the Federal Water 
Pollution Control Act (33 U.S.C. 1251), the Administrator of 
the Environmental Protection Agency (in this Act referred to as 
the ``Administrator'') shall convene a task force (in this Act 
referred to as the ``task force'') to develop--
          (1) recommendations on the proper disposal of unused 
        pharmaceuticals by consumers, health care providers, 
        and others, which recommendations shall--
                  (A) be calculated to prevent or reduce the 
                detrimental effects on the environment and 
                human health caused by introducing unused 
                pharmaceuticals, directly or indirectly, into 
                water systems; and
                  (B) provide for limiting the disposal of 
                unused pharmaceuticals through treatment works 
                in accordance with the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.); and
          (2) a strategy for the Federal Government to educate 
        the public on such recommendations.
  (b) Membership.--The task force shall be composed of--
          (1) the Administrator (or the Administrator's 
        designee), who shall serve as the Chair of the task 
        force;
          (2) the Commissioner of Food and Drugs (or the 
        Commissioner's designee); and
          (3) such other members as the Administrator may 
        appoint.
  (c) Report.--Not later than 1 year after the date of the 
enactment of this Act, the task force shall submit a report to 
the Congress containing the recommendations and strategy 
required by subsection (a).
  (d) Staff of Federal Agencies.--Upon request of the task 
force, the head of any department or agency of the United 
States may detail any of the personnel of that department or 
agency to the task force to assist in carrying out its duties 
under this section.
  (e) Termination.--The task force shall terminate 180 days 
after submitting the report required by subsection (c).
                              ----------                              


 5. An Amendment To Be Offered By Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

  In section 1308 of the bill, in the matter proposed to be 
added as section 609 of the Federal Water Pollution Control 
Act, before paragraph (1), insert the following:
  ``(a) Authorization of Appropriations.--''.
    In section 1308 of the bill, in the matter proposed to be 
added as section 609 of the Federal Water Pollution Control 
Act, add after paragraph (5) the following:
  ``(b) Prohibition on Earmarks.--None of the funds 
appropriated pursuant to subsection (a) may be used for a 
congressional earmark as defined in clause 9d, of rule XXI of 
the Rules of the House of Representatives.''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Polis of Colorado, or 
                 His Designee, Debatable for 10 Minutes

    In section 1103(a)(2)(C) of the bill, in the matter 
proposed to be inserted in section 122(a)(4) of the Federal 
Water Pollution Control Act, strike the closing quotation marks 
and the final period and insert the following:
          ``(5) Municipality-wide storm water management 
        planning.--The development of a municipality-wide plan 
        that identifies the most effective placement of storm 
        water technologies and management approaches, including 
        green infrastructure, to reduce water quality 
        impairments from storm water on a municipality-wide 
        basis.''.
                              ----------                              


7. An Amendment To Be Offered by Representative Roskam of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (with the correct 
sequential provision designations [replacing the numbers 
currently shown for such designations]) and conform the table 
of contents accordingly:

                          TITLE VI--OMB STUDY


SEC. 6001. EVALUATION USING PROGRAM ASSESSMENT RATING TOOL.

  (a) Study.--The Director of the Office of Management and 
Budget shall conduct a study to evaluate the programs 
authorized by this Act, including the amendments made by this 
Act, under the Program Assessment Rating Tool (PART) or a 
successor performance assessment tool that is developed by the 
Office of Management and Budget.
  (b) Report.--The Director shall transmit to Congress a report 
on the results of the study.
                              ----------                              


     8. An Amendment To Be Offered by Representative Dahlkemper of 
        Pennsylvania, or Her Designee, Debatable for 10 Minutes

  In section 1303(c) of the bill, in the matter proposed to be 
inserted as section 603(d)(1)(E) of the Federal Water Pollution 
Control Act--
          (1) strike ``and'' at the end of clause (ii);
          (2) redesignate clause (iii) as clause (iv); and
          (3) insert after clause (ii) the following:
                          ``(iii) a certification that the 
                        recipient has evaluated and will be 
                        implementing water and energy 
                        conservation efforts as part of the 
                        plan; and
                              ----------                              


9. An Amendment To Be Offered by Representative Wittman of Virginia, or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following (with the correct 
sequential provision designations [replacing the numbers 
currently shown for such designations]) and conform the table 
of contents accordingly:

          TITLE VI--CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY


SEC. 6001. CHESAPEAKE BAY CROSSCUT BUDGET.

  (a) Crosscut Budget.--The Director, in consultation with the 
Chesapeake Executive Council, the chief executive of each 
Chesapeake Bay State, and the Chesapeake Bay Commission, shall 
submit to Congress a financial report containing--
          (1) an interagency crosscut budget that displays--
                  (A) the proposed funding for any Federal 
                restoration activity to be carried out in the 
                succeeding fiscal year, including any planned 
                interagency or intra-agency transfer, for each 
                of the Federal agencies that carry out 
                restoration activities;
                  (B) to the extent that information is 
                available, the estimated funding for any State 
                restoration activity to be carried out in the 
                succeeding fiscal year;
                  (C) all expenditures for Federal restoration 
                activities from the preceding 3 fiscal years, 
                the current fiscal year, and the succeeding 
                fiscal year; and
                  (D) all expenditures, to the extent that 
                information is available, for State restoration 
                activities during the equivalent time period 
                described in subparagraph (C);
          (2) a detailed accounting of all funds received and 
        obligated by all Federal agencies for restoration 
        activities during the current and preceding fiscal 
        years, including the identification of funds which were 
        transferred to a Chesapeake Bay State for restoration 
        activities;
          (3) to the extent that information is available, a 
        detailed accounting from each State of all funds 
        received and obligated from a Federal agency for 
        restoration activities during the current and preceding 
        fiscal years; and
          (4) 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 subparagraphs (A) and (B) of 
        paragraph (1)), including the--
                  (A) project description;
                  (B) current status of the project;
                  (C) Federal or State statutory or regulatory 
                authority, programs, or responsible agencies;
                  (D) authorization level for appropriations;
                  (E) project timeline, including benchmarks;
                  (F) references to project documents;
                  (G) descriptions of risks and uncertainties 
                of project implementation;
                  (H) adaptive management actions or framework;
                  (I) coordinating entities;
                  (J) funding history;
                  (K) cost-sharing; and
                  (L) alignment with existing Chesapeake Bay 
                Agreement and Chesapeake Executive Council 
                goals and priorities.
  (b) Minimum Funding Levels.--The Director shall only describe 
restoration activities in the report required under subsection 
(a) that--
          (1) for Federal restoration activities, have funding 
        amounts greater than or equal to $100,000; and
          (2) for State restoration activities, have funding 
        amounts greater than or equal to $50,000.
  (c) Deadline.--The Director shall submit to Congress the 
report required by subsection (a) not later than 30 days after 
the submission by the President of the President's annual 
budget to Congress.
  (d) Report.--Copies of the financial report required by 
subsection (a) shall be submitted to the Committees on 
Appropriations, Natural Resources, Energy and Commerce, and 
Transportation and Infrastructure of the House of 
Representatives and the Committees on Appropriations, 
Environment and Public Works, and Commerce, Science, and 
Transportation of the Senate.
  (e) Effective Date.--This section shall apply beginning with 
the first fiscal year after the date of enactment of this Act 
for which the President submits a budget to Congress.

SEC. 6002. ADAPTIVE MANAGEMENT PLAN.

  (a) In General.--Not later than 1 year after the date of 
enactment of this Act, the Administrator, in consultation with 
other Federal and State agencies, shall develop an adaptive 
management plan for restoration activities that includes--
          (1) definition of specific and measurable objectives 
        to improve water quality;
          (2) a process for stakeholder participation;
          (3) monitoring, modeling, experimentation, and other 
        research and evaluation practices;
          (4) a process for modification of restoration 
        activities that have not attained or will not attain 
        the specific and measurable objectives set forth under 
        paragraph (1); and
          (5) a process for prioritizing restoration activities 
        and programs to which adaptive management shall be 
        applied.
  (b) Implementation.--The Administrator shall implement the 
adaptive management plan developed under subsection (a).
  (c) Updates.--The Administrator shall update the adaptive 
management plan developed under subsection (a) every 3 years.
  (d) Report to Congress.--
          (1) In general.--Not later than 60 days after the end 
        of a fiscal year, the Administrator shall transmit to 
        Congress an annual report on the implementation of the 
        adaptive management plan required under this section 
        for such fiscal year.
          (2) Contents.--The report required under paragraph 
        (1) shall contain information about the application of 
        adaptive management to restoration activities and 
        programs, including programmatic and project level 
        changes implemented through the process of adaptive 
        management.
          (3) Effective date.--Paragraph (1) shall apply to the 
        first fiscal year that begins after the date of 
        enactment of this Act.

SEC. 6003. DEFINITIONS.

  In this title, the following definitions apply:
          (1) Adaptive management.--The term ``adaptive 
        management'' means a management technique in which 
        project and program decisions are made as part of an 
        ongoing science-based process. Adaptive management 
        involves testing, monitoring, and evaluating applied 
        strategies and incorporating new knowledge into 
        programs and restoration activities that are based on 
        scientific findings and the needs of society. Results 
        are used to modify management policy, strategies, 
        practices, programs, and restoration activities.
          (2) Administrator.--The term ``Administrator'' means 
        the Administrator of the Environmental Protection 
        Agency.
          (3) Chesapeake bay state.--The term ``Chesapeake Bay 
        State'' or ``State'' means the States of Maryland, West 
        Virginia, Delaware, and New York, the Commonwealths of 
        Virginia and Pennsylvania, and the District of 
        Columbia.
          (4) Chesapeake bay watershed.--The term ``Chesapeake 
        Bay watershed'' means the Chesapeake Bay and the 
        geographic area, as determined by the Secretary of the 
        Interior, consisting of 36 tributary basins, within the 
        Chesapeake Bay States, through which precipitation 
        drains into the Chesapeake Bay.
          (5) Chief executive.--The term ``chief executive'' 
        means, in the case of a State or Commonwealth, the 
        Governor of each such State or Commonwealth and, in the 
        case of the District of Columbia, the Mayor of the 
        District of Columbia.
          (6) Director.--The term ``Director'' means the 
        Director of the Office of Management and Budget.
          (7) Restoration activities.--The term ``restoration 
        activities'' means any Federal or State programs or 
        projects that directly or indirectly protect, conserve, 
        or restore water quality in the Chesapeake Bay 
        watershed, including programs or projects that promote 
        responsible land use, stewardship, and community 
        engagement in the Chesapeake Bay watershed. Restoration 
        activities may be categorized as follows:
                  (A) Physical restoration.
                  (B) Planning.
                  (C) Feasibility studies.
                  (D) Scientific research.
                  (E) Monitoring.
                  (F) Education.
                  (G) Infrastructure Development.
                              ----------                              


 10. An Amendment To Be Offered by Representative Driehaus of Ohio, or 
                 His Designee, Debatable for 10 Minutes

  Section 3001(b) of the bill is amended to read as follows:
  (b) Authorization of Appropriations.--The first sentence of 
section 221(f) (33 U.S.C. 1301(f)) is amended by striking 
``this section $750,000,000'' and all that follows through the 
period at the end and inserting ``this section $500,000,000 for 
each of fiscal years 2010 through 2014.''

                                  
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