[Senate Report 111-292]
[From the U.S. Government Publishing Office]
Calendar No. 568
111th Congress Report
SENATE
2d Session 111-292
======================================================================
PUGET SOUND RECOVERY ACT OF 2010
_______
September 16, 2010.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 2739]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2739) to provide for implementation of the
Puget Sound comprehensive conservation and management plan,
having considered the same, reports favorably thereon with an
amendment and an amendment to the title and recommends that the
bill, as amended, do pass.
General Statement and Background
Puget Sound, a fjord-like estuary in north-west Washington
State, is one of the most productive and biologically diverse
ecosystems on earth serving as home to more than 200 species of
fish; 25 kinds of marine mammals; 100 species of sea birds; and
clams, oysters and shrimp. The Sound is a cornerstone of the
Pacific Northwest's identity. The surrounding region is home to
nearly 4 million people, and the Sound itself generates $20
billion in economic activities annually.
The Puget Sound and its ecosystem, fisheries, and habitats
are threatened by many different factors, including pollution,
habitat loss and degradation, and introduced species. Species
including the Puget Sound Chinook salmon, Hood Canal summer
chum salmon, and Coastal and Puget Sound bull trout are listed
as threatened under the Endangered Species Act. Up to 70
percent of all its original estuaries and wetlands have
disappeared and about 8,700 acres at the bottom of the Sound
are contaminated with toxic sediment.
The Federal Government has a role to play in the protection
and restoration of this important estuary for reasons that
include the Federal Government's ownership of 40 percent of the
land in the Puget Sound basin; the estuary's existence as part
of an international marine ecosystem; and the Federal
Government's responsibility for the protection and recovery of
many of the Sound's most iconic species like the orca whales,
chinook salmon, and bull trout. In recognition of the Federal
Government's responsibility, Puget Sound was given priority
status in the 1987 amendments to the Clean Water Act and became
one of the original programs in the National Estuary Program.
The first Puget Sound comprehensive conservation and
management plan was approved in 1991. In 2007, Washington State
created a new State agency, the Puget Sound Partnership, to
reinvigorate restoration efforts. The Puget Sound Partnership
released an Action Agenda in December 2008 which describes a
set of actions and priorities to restore and protect Puget
Sound by 2020. The Action Agenda was approved by the
Environmental Protection Agency in summer 2009 as the Puget
Sound comprehensive conservation and management plan under
section 320 of the Clean Water Act.
The Puget Sound Recovery Act of 2010 amends the Clean Water
Act to authorize increased Federal funding to support the
protection and restoration of the Puget Sound. The bill
authorizes the Administrator of the Environmental Protection
Agency to provide funding for projects prioritized by the Puget
Sound Partnership, and approved by the EPA, that will meet the
goals and objectives described in the Action Agenda. The bill
requires the President to submit, as part of the annual budget
for the Federal Government, a crosscut budget describing the
activities of each Federal agency regarding Puget Sound
protection and restoration.
Objectives of the Legislation
The objectives of this legislation are to provide Federal
support for Puget Sound protection and restoration as well as
enhance coordination between Federal partners and local
stakeholders in implementing the Puget Sound comprehensive
conservation and management plan.
Section-by-Section Analysis
Section 1. Short title
This section notes that this act may be cited as the
``Puget Sound Recovery Act of 2010.''
Section 2. Puget Sound
This section amends 33 U.S.C. Sec. 1251 (Congressional
declaration of goals and policy) to provide for Federal funding
to protect and restore the Puget Sound.
(a) Definitions. Defines terms included in this act.
(b) Delegation of Authority; Staffing. Requires the
Administrator to delegate to the Regional Administrator for
Region 10 of the Environmental Protection Agency such authority
and staffing as are necessary to carry out this section.
(c) Duties. Delineates the duties of the Administrator,
acting through the Regional Administrator, necessary to carry
out this section, including: (A) Carry out the duties assigned
to the Administrator under section 320 as a member of the
management conference; (B) assist in the development and
evaluation of the annual priority list; (C) provide funding for
activities, projects, programs and studies identified in the
annual priority list; (D) promote innovative methodologies and
technologies; (E) coordinate the major functions of the Federal
Government relating to implementation of the comprehensive
plan; (F) coordinate scientific research; (G) assist the Puget
Sound Partnership in tracking progress toward meeting the goals
and objectives of the comprehensive plan; and (H) coordinate
restoration activities with Canadian authorities.
Authorizes the Administrator, acting through the Regional
Administrator, to enter into interagency agreements, facilitate
intergovernmental personnel appointments, provide funding, and
use other available methods to carry out the duties of this
Administrator under this section.
(d) Annual Priority List. In order to facilitate
stakeholder control over restoration priorities and adherence
to the goals and objectives of the comprehensive plan, this
provision requires the Puget Sound Partnership annually to
compile a priority list of projects for the Administrator to
fund according to the terms outlined in subsection (e). That
list should include specific projects, programs, and studies
that will meet the goals and objectives of the approved
comprehensive plan. Subsection (d) details the procedures the
Partnership must follow in compiling the list and EPA must
follow in approving it. If in any year the Partnership fails to
compile a priority list, the Administrator is authorized to
compile the priority list in accordance with the guidelines
provided.
(e) Implementation of Comprehensive Plan. Authorizes the
Administrator, acting through the Regional Administrator, to
(A) provide a comprehensive grant to the Puget Sound
Partnership for use in fulfilling its obligations under this
section and section 320; (B) reserve funds to carry out the
responsibilities of the Administrator under this section; (C)
implement cooperative agreements or provide grants to Puget
Sound tribes; and (D) otherwise provide funding to implement
activities, projects, programs, or studies identified in the
annual priority list.
Subsection (e) details the conditions for funding
eligibility. Those conditions include a requirement that the
Puget Sound Partnership must define and adopt the measurable
outcomes, near-term benchmarks, and long-term targets that are
necessary to meet the goals and objectives of the comprehensive
plan before receiving any funding under subsection (e) of this
act.
Subsection (e) ensures funding made available to carry out
this section is distributed in a timely fashion by requiring it
be obligated within 180 days. Although this timeline is short
by conventional standards, the committee feels it is both
appropriate and feasible considering that the priority
activities, projects, programs and studies requiring funding
will have already been identified by the Puget Sound
Partnership. Thus, the administrative workload for EPA should
be much less than if EPA were working alone.
(f) Annual Budget Plan. Requires the President to submit as
part of his annual budget both an annual crosscut budget
describing amounts obligated and budgeted for Puget Sound
protection and restoration as well as a description and
assessment of the Federal role and contribution toward
implementation of the comprehensive plan.
(g) Report. Requires that the Administrator and Executive
Director of the Puget Sound Partnership jointly submit to
Congress a report that summarizes progress made toward
implementing the comprehensive plan and toward achieving its
goals and objectives.
(h) Authorization of Appropriations. Authorizes $90,000,000
for each of fiscal years 2011 through 2015. Renders the Puget
Sound Partnership ineligible to receive funding under section
320, the National Estuary Program, for any fiscal year in which
it receives a comprehensive grant under subsection (e).
Legislative History
Senator Maria Cantwell (WA) introduced the Puget Sound
Recovery Act of 2009 on November 5, 2009. The bill was co-
sponsored by Senator Patty Murray (WA). The bill was received,
read twice and referred to the Committee on Environment and
Public Works.
On June 30, 2010, the Full Committee met to consider a
number of bills including S. 2739. During this meeting, the
Committee considered S. 2739 and adopted an amendment in the
nature of a substitute offered by Senator Benjamin L. Cardin.
In addition to technical changes, the substitute amendment made
several modifications to the underlying bill with the intent of
achieving the following objectives:
Make clear that the Puget Sound restoration
effort remains part of the section 320 program and
subject to the requirements of that program and remove
any elements of the bill that created duplicative
structures or authorities;
Align the funding program created under this
act with the goals and objectives of the Puget Sound
comprehensive conservation and management plan created
and approved under section 320; and
Increase the Administrator's control over
and accountability for federal funding made available
under this act while maintaining stakeholders'
authority to determine restoration and protection
priorities.
Since a management structure exists in accordance with
section 320 requirements, the substitute eliminates the
advisory council established in the bill as introduced. The
substitute also eliminates provisions establishing a Puget
Sound Program Office and instead leaves the Regional
Administrator in charge of implementing the Agency's duties
under the act. It is, however, the Committee's intent that the
Regional Administrator facilitates coordination between the
EPA, other Federal partners, and the Puget Sound Partnership.
The Regional Administrator should consider several methods for
enhancing such coordination including regular meetings; co-
location of staff with, or in close proximity to, the Puget
Sound Partnership; joint trainings, and use of the same
performance management system.
Instead of authorizing the Puget Sound Partnership and the
Administrator to implement parallel grant programs, the
substitute amendment requires the Puget Sound Partnership
receive a block grant of $5 million or 7.5% of funds made
available under this section and directs the Administrator to
implement a grant program and otherwise provide funding to
achieve the goals and objectives of the comprehensive plan.
A letter dated June 29, 2010 from Senators Maria Cantwell
and Patty Murray to Senator Cardin expressing support for the
substitute amendment was entered into the record. S. 2739 was
ordered to be reported with an amendment in the nature of a
substitute favorably by voice vote.
Hearings
On February 24, 2010, the Full Senate Committee on
Environment and Public Works and the Subcommittee on Water and
Wildlife held a joint hearing on legislative approaches to
protecting Great Water Bodies (i.e., Lake Tahoe, Puget Sound,
Long Island Sound, Columbia River Basin, and the Great Lakes).
The hearing included a discussion of S. 2739, the Puget Sound
Recovery Act. Senator Cantwell testified in support of the
bill.
Rollcall Votes
The Committee on Environment and Public Works met to
consider S. 2739 on June 30, 2010. The bill was ordered to be
reported favorably with an amendment in the nature of a
substitute by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 3119
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee noted that the Congressional
Budget Office (CBO) has found, ``S. 2739 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.''
Congressional Budget Office Cost Estimate
July 13, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2739, the Puget
Sound Recovery Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2739--Puget Sound Recovery Act of 2010
Summary: S. 2739 would authorize the appropriation of $90
million annually over the 2011-2015 period for the
Environmental Protection Agency (EPA) to support activities
related to implementing the comprehensive conservation and
management plan for the Puget Sound, including providing grants
to the Puget Sound tribes, state agencies, local governments,
or nonprofit organizations.
Assuming appropriation of the authorized funds, CBO
estimates that implementing S. 2739 would cost $388 million
over the 2011-2015 period and $62 million after 2015.
Pay-as-you-go procedures would not apply to this
legislation because it would not affect direct spending or
revenues.
S. 2739 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2739 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level.......................................... 90 90 90 90 90 450
Estimated Outlays............................................ 41 77 90 90 90 388
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2739 will be enacted near the beginning of fiscal year 2011 and
that authorized amounts will be appropriated in each year.
Estimated outlays are based on historical spending patterns for
similar programs.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 2739
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. State and tribal governments would benefit
from grants authorized by the bill.
Estimate prepared by: Federal Costs: Susanne S. Mehlman;
Impact on State, Local, and Tribal Governments: Ryan Miller;
Impact on the Private Sector: Amy Petz.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE I--RESEARCH AND RELATED PROGRAMS
DECLARATION OF GOALS AND POLICY
Sec. 101. (a) * * *
* * * * * * *
SEC. 122. WET WEATHER WATERSHED PILOT PROJECTS.
(a) In General.--* * *
* * * * * * *
SEC. 123. PUGET SOUND.
(a) Definitions.--In this section:
(1) Annual priority list.--The term `annual priority
list' means the annual priority list compiled under
subsection (d).
(2) Comprehensive plan.--The term `comprehensive
plan' means--
(A) the Puget Sound Action Agenda, a
comprehensive conservation and management plan
approved under section 320; and
(B) any amendments to that plan.
(3) Executive director.--The term `Executive
Director' means the Executive Director of the Puget
Sound Partnership.
(4) Puget sound federal caucus.--The term `Puget
Sound Federal Caucus' means the caucus composed of--
(A) the 13 Federal agencies that signed a
memorandum of understanding on November 17,
2008, to establish a collaborative effort among
Federal agencies to better integrate, organize,
and align Federal efforts in the Puget Sound
ecosystem with the comprehensive plan; and
(B) such other Federal agencies as the
Administrator determines to be appropriate.
(5) Puget sound partnership.--The term `Puget Sound
Partnership' means the agency of the State of
Washington, together with associated councils, boards,
panels, and caucuses, 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.
(6) Puget sound tribe.--The term `Puget Sound tribe'
means any of the federally recognized Indian tribes
within the Puget Sound Basin.
(7) Regional administrator.--The term `Regional
Administrator' means the Regional Administrator for
Region 10 of the Environmental Protection Agency.
(b) Delegation of Authority; Staffing.--The Administrator
shall delegate to the Regional Administrator 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 Regional
Administrator, shall--
(A) carry out the duties assigned to the
Administrator under section 320 as a member of
the management conference under that section;
(B) assist in the development and evaluation
of the annual priority list;
(C) provide funding for activities, projects,
programs, and studies identified in the annual
priority list as necessary to meet the goals
and objectives of the comprehensive plan;
(D) promote innovative methodologies and
technologies that are cost-effective and able
to meet the identified goals and objectives of
the comprehensive plan and Environmental
Protection Agency permitting processes;
(E) coordinate the major functions of the
Federal Government relating to the
implementation of the comprehensive plan,
including activities, projects, programs, and
studies for--
(i) water quality improvements;
(ii) wetland, riverine, and estuary
restoration and protection;
(iii) nearshore restoration and
protection;
(iv) adaptation to climate change;
(v) critical land protection or
acquisitions; and
(vi) endangered species recovery;
(F) coordinate the scientific research
projects authorized under this section with the
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 proposed by the Science
Panel and included in the annual priority list;
(G) assist the Puget Sound Partnership in
tracking progress toward meeting the identified
goals and objectives of the comprehensive plan
by--
(i) providing information to the
performance management system used by
the Puget Sound Partnership for the
purpose of tracking progress; 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; and
(H) coordinate activities, projects,
programs, and studies for the protection of
Puget Sound, the Strait of Georgia, and the
Strait of Juan de Fuca with Canadian
authorities.
(2) Implementation methods.--The Administrator,
acting through the Regional Administrator, may enter
into interagency agreements, make or facilitate
intergovernmental personnel appointments, provide
funding, provide grants, and use other available
methods in carrying out the duties of the Administrator
under this subsection.
(d) Annual Priority List.--
(1) In general.--After providing for public comment
and review, the Puget Sound Partnership shall annually
compile a priority list identifying the intended uses
of the amounts made available for grants under
subsection (e).
(2) Inclusions.--The annual priority list shall
include--
(A) a prioritized list of specific
activities, projects, programs, and studies
that will meet the goals and objectives of the
approved comprehensive plan;
(B) information on the activities, projects,
programs, and studies to be supported,
including a description of--
(i) the terms of financial
assistance; and
(ii) the communities to be served;
and
(C) the criteria and methods established by
the Puget Sound Partnership for selection of
activities, projects, programs, and studies.
(3) Approval.--
(A) In general.--Notwithstanding any other
provision of this Act, the identification and
determination of the priority of activities,
projects, programs, and studies shall be--
(i) made by the Puget Sound
Partnership, in consultation with the
Puget Sound Federal Caucus; and
(ii) be subject to approval by the
Administrator.
(B) Priority list.--Approval by the
Administrator of the annual priority list shall
be based on a determination of whether the
projects listed advance the goals and
objectives of the approved comprehensive plan.
(C) Failure of administrator to respond.--If,
by the date that is 90 days after the date of
submission to the Administrator of an annual
priority list by the Puget Sound Partnership,
the Administrator fails to respond to the
submission in writing, the annual priority list
shall be considered to be approved.
(4) Failure to compile list.--If, for any year, the
Puget Sound Partnership fails to compile an annual
priority list in accordance with paragraph (1), the
Administrator shall compile a priority list for that
year that includes--
(A) activities and projects that advance the
goals and objectives of the approved
comprehensive plan; and
(B) any identified activities and projects
from previously approved priority lists that
have not yet been funded.
(e) Implementation of Comprehensive Plan.--
(1) In general.--The Administrator, acting through
the Regional Administrator, may provide grants for
activities, projects, programs, and studies to
implement the comprehensive plan.
(2) Funding.--In providing funding under this
subsection, the Administrator shall use--
(A) the greater of $5,000,000 or 7.5 percent
of the funds made available under this section
to provide a comprehensive grant to the Puget
Sound Partnership for use in--
(i) tracking the implementation of
the comprehensive plan;
(ii) monitoring environmental
outcomes;
(iii) updating the comprehensive
plan;
(iv) developing the annual priority
list; and
(v) performing other administrative
activities relating to the management
and implementation of the comprehensive
plan;
(B) not more than 5 percent of the funds made
available under this section to carry out the
responsibilities of the Administrator under
this section;
(C) not less than the greater of $3,000,000
or 5 percent of the funds made available under
this section to implement cooperative
agreements or provide grants to Puget Sound
tribes to carry out specific activities,
projects, programs, or studies identified in
the annual priority list; and
(D) the remainder of the funds made available
under this section to provide grants for use in
implementing specific activities, projects,
programs, or studies identified in the annual
priority list to--
(i) State or regional agencies or
entities;
(ii) local governments; or
(iii) other public or nonprofit
agencies, institutions, or
organizations.
(3) Conditions for grant eligibility.--
(A) In general.--An entity shall be eligible
for funding under paragraph (2)(C) only if
funds will be used for projects and activities
that are--
(i) identified in the annual priority
list; and
(ii) advance the goals and objectives
of the approved comprehensive plan.
(B) Eligibility of state agencies.--If the
Administrator implements a competitive process
to provide awards under this subsection, the
State of Washington (including all agencies and
departments of the State) shall be eligible to
participate in the process.
(C) Measurable outcomes, benchmarks,
targets.--The Administrator shall provide
grants under paragraph (2) if, in the judgment
of the Administrator, the Puget Sound
Partnership has defined and adopted the
measurable outcomes, near-term benchmarks, and
long-term targets that are necessary to meet
the goals and objectives of the comprehensive
plan.
(4) Distribution.--Not later than 180 days after the
date on which funds are made available to carry out
this section, the Administrator shall obligate all
funds made available for grants under paragraph (2).
(5) Failure to distribute.--If all funds made
available for grants under paragraph (2) are not
obligated by the date specified in paragraph (4), the
Administrator shall promptly submit to the appropriate
committees of the Senate and the House of
Representatives a report that--
(A) describes the reasons for the failure to
obligate the funds; and
(B) provides a date certain by which all
funds will be distributed.
(6) 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 75 percent of the annual
aggregate costs of the activities described in
paragraph (2)(A); or
(B) not more than 50 percent of the cost of
an activity project, program, or study funded
under paragraph (2)(C).
(7) 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 describes for
each Federal agency--
(A) amounts obligated for the preceding
fiscal year for protection and restoration
activities, projects, programs, and studies
relating to Puget Sound;
(B) the estimated budget for the current
fiscal year for protection and restoration
activities, projects, programs, and studies
relating to Puget Sound; and
(C) the proposed budget for protection and
restoration activities, 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
activities, 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 during the period covered by the report;
(3) incorporates specific recommendations concerning
the implementation of the comprehensive plan;
(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; and
(5) includes any other information determined to be
relevant by the Administrator or the Executive
Director.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be
appropriated to the Administrator to carry out this
section $90,000,000 for each of fiscal years 2011
through 2015, to remain available until expended.
(2) Eligibility.--The Puget Sound Partnership shall
not receive any funding pursuant to section 320 for any
fiscal year in which the Puget Sound Partnership
receives funding under subsection (e)(2)(A).
* * * * * * *