[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:

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FEDERAL WATER POLLUTION CONTROL ACT

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                 TITLE I--RESEARCH AND RELATED PROGRAMS

                    DECLARATION OF GOALS AND POLICY

    Sec. 101. (a) * * *

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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).

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