II 

Calendar No. 620 

111TH CONGRESS 

2D SESSION S. 1816 

[Report No. 111–333] 

To amend the Federal Water Pollution Control Act to improve and 

reauthorize the Chesapeake Bay Program. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2009 

Mr. CARDIN (for himself, Ms. MIKULSKI, Mr. CARPER, and Mr. KAUFMAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

SEPTEMBER 28, 2010 

Reported by Mrs. BOXER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Federal Water Pollution Control Act to 

improve and reauthorize the Chesapeake Bay Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chesapeake Clean 

5 Water and Ecosystem Restoration Act of 2009’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Chesapeake Bay and the tributary wa4 ters of the Chesapeake Bay are natural resources of 

5 outstanding ecological, economic, and cultural im6 portance to the United States; 

7 (2) for more than 20 years, the Federal Gov8 ernment and the States of the Chesapeake Bay Wa9 tershed, the Chesapeake Bay Commission, and var10 ious local government, scientific, and citizen advisory 

11 boards have worked through the Chesapeake Bay 

12 Program of the Environmental Protection Agency to 

13 develop an unparalleled body of scientific informa14 tion and cooperative partnerships to advance the 

15 Chesapeake Bay restoration effort; 

16 (3) despite significant efforts by Federal, State, 

17 and local governments and other interested parties, 

18 water pollution in the Chesapeake Bay prevents the 

19 attainment of existing State water quality standards 

20 and the ecological goals of the Federal Water Pollu21 tion Control Act (33 U.S.C. 1251 et seq.); 

22 (4) the Chesapeake Bay Program partnership 

23 has developed a rich body of environmental data 

24 based on an extensive network of monitors, which 

25 provide a critical measure of success in attainment 

26 of the goals of the restoration effort; 


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1 (5) the Chesapeake Bay Program partnership 

2 has also developed some of the world’s foremost 

3 water quality and ecosystem computer models, which 

4 are invaluable planning tools for resource managers; 

5 (6) the major pollutants affecting the water 

6 quality of the Chesapeake Bay and related tidal wa7 ters are nitrogen, phosphorus, and sediment; 

8 (7) the largest developed land use in the Chesa9 peake Bay watershed, and the largest single-sector 

10 source of nitrogen, phosphorus, and sediment pollu11 tion, is agriculture; 

12 (8) conservation practices have resulted in sig13 nificant reductions in pollution loads from the agri14 cultural sector; 

15 (9) to speed continued progress in the agricul16 tural sector, the Federal Government and State gov17 ernments have initiated a number of agricultural 

18 conservation programs, including the Chesapeake 

19 Bay watershed initiative under section 1240Q of the 

20 Food Security Act of 1985 (16 U.S.C. 3839bb–4); 

21 (10) atmospheric deposition of nitrogen oxides 

22 and ammonia on the Chesapeake Bay watershed 

contributes as much as 1 23 ⁄3 of the nitrogen pollution 

24 in the Chesapeake Bay; 


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1 (11) for years, a steady stream of technology 

2 development and increasingly stringent permit re3 quirements have resulted in a steady decline in the 

4 nitrogen and phosphorus pollution derived from 

5 wastewater treatment plants in the Chesapeake Bay 

6 watershed; 

7 (12) suburban and urban development is the 

8 fastest growing land use sector in the Chesapeake 

9 Bay watershed, and stormwater runoff from that 

10 sector is the only major source of pollution in the 

11 watershed that is increasing; 

12 (13) during the period beginning in 1990 and 

13 ending in 2000, impervious cover, the hardened sur14 faces through which water cannot penetrate, in15 creased by nearly 250,000 acres, about 41 percent, 

16 or the size of 5 Districts of Columbia; 

17 (14) during that period, the watershed popu18 lation of the Chesapeake Bay grew by just 8 per19 cent; 

20 (15) the population of the watershed is esti21 mated to be growing by about 157,000 people per 

22 year; 

23 (16) continuing at that rate, the population will 

24 increase to nearly 20,000,000 by 2030; 


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1 (17) about 58 percent of the watershed of the 

2 Chesapeake Bay is undeveloped and mostly forested, 

3 but as many as 100 acres of forest are lost to devel4 opment each day; 

5 (18) States, local governments, developers, and 

6 nonprofit organizations have developed numerous 

7 low-impact development techniques since the late 

8 1990s, which use natural area protection, infiltra9 tion, and pervious surfaces to reduce stormwater 

10 runoff and associated sediment and nutrient pollu11 tion; 

12 (19) many of those techniques are less expen13 sive than traditional pollution stormwater control 

14 management techniques; 

15 (20) the decline of key aquatic habitats and 

16 species has resulted in a loss of the important water 

17 quality benefits that the habitats and species tradi18 tionally provided; 

19 (21) native oysters, the numbers of which have 

20 declined precipitously in the Chesapeake Bay in sig21 nificant part because of diseases brought into the 

22 watershed by nonnative oysters, are natural filters 

23 that once effectively filtered a volume of water equiv24 alent to that of the entire Chesapeake Bay in a mat25 ter of days; 


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1 (22) although less well-understood, menhaden, 

2 a species of fish found in the Chesapeake Bay, also 

3 provide important filtering capacity as well as a 

4 number of other key ecosystem functions; 

5 (23) wetlands are a vital part of any major eco6 system; 

7 (24) studies have demonstrated that nontidal 

8 wetland near the Chesapeake Bay removed as much 

9 as 89 percent of the nitrogen and 80 percent of the 

10 phosphorus that entered the wetland through upland 

11 runoff, groundwater, and precipitation; 

12 (25) riparian forests remove as much as 90 per13 cent of nitrogen and phosphorus that would other14 wise enter the water; 

15 (26) the loss of forests and wetlands in the 

16 Chesapeake Bay has resulted in diminished water 

17 quality, among other effects; 

18 (27) in certain locations in the Chesapeake 

19 Bay, nutria, a nonnative species, has caused exten20 sive destruction of key wetlands; and 

21 (28) in spite of the achievements of the Chesa22 peake Bay Program partnership and increasing 

23 knowledge about ecosystem functions, the restora24 tion of the Chesapeake Bay will require significantly 


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1 stronger tools to manage pollution levels and other 

2 impediments to water quality. 

3 SEC. 3. CHESAPEAKE BAY PROGRAM. 

4 Section 117 of the Federal Water Pollution Control 

5 Act (33 U.S.C. 1267) is amended to read as follows: 

6 ‘‘SEC. 117. CHESAPEAKE BAY PROGRAM. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) ADMINISTRATIVE COST.—The term ‘ad9 ministrative cost’ means the cost of salaries and 

10 fringe benefits incurred in administering a grant 

11 under this section. 

12 ‘‘(2) ASIAN OYSTER.—The term ‘Asian oyster’ 

13 means the species Crassostrea ariakensis. 

14 ‘‘(3) BASELINE.—The term ‘baseline’ means 

15 the basic standard or level used for measuring (as 

16 applicable)— 

17 ‘‘(A) the nutrient control requirements 

18 credit sellers must achieve before becoming eli19 gible to generate saleable nutrient credits; or 

20 ‘‘(B) the nutrient load reductions required 

21 of individual sources to meet water quality 

22 standards or goals under a TMDL or watershed 

23 implementation plan. 

24 ‘‘(4) BASIN COMMISSIONS.—The term ‘basin 

25 commissions’ means— 


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1 ‘‘(A) the Interstate Commission on the Po2 tomac River Basin established under the inter3 state compact consented to and approved by 

4 Congress under the Joint Resolution of July 

5 11, 1940 (54 Stat. 748, chapter 579) and Pub6 lic Law 91–407 (84 Stat. 856); and 

7 ‘‘(B) the Susquehanna River Basin Com8 mission established under the interstate com9 pact consented to and approved by Congress 

10 under Public Law 91–575 (84 Stat. 1509) and 

11 Public Law 99–468 (100 Stat. 1193). 

12 ‘‘(5) CHESAPEAKE BAY AGREEMENT.—The 

13 term ‘Chesapeake Bay Agreement’ means the for14 mal, voluntary agreements executed to achieve the 

15 goal of restoring and protecting the Chesapeake Bay 

16 ecosystem and the living resources of the Chesa17 peake Bay ecosystem and signed by the Chesapeake 

18 Executive Council. 

19 ‘‘(6) CHESAPEAKE BAY ECOSYSTEM.—The term 

20 ‘Chesapeake Bay ecosystem’ means the ecosystem of 

21 the Chesapeake Bay watershed. 

22 ‘‘(7) CHESAPEAKE BAY PROGRAM.—The term 

23 ‘Chesapeake Bay Program’ means the program di24 rected by the Chesapeake Executive Council in ac25 cordance with the Chesapeake Bay Agreement. 


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1 ‘‘(8) CHESAPEAKE BAY STATE.—The term 

2 ‘Chesapeake Bay State’ means any of— 

3 ‘‘(A) the States of Delaware, Maryland, 

4 New York, Pennsylvania, Virginia, and West 

5 Virginia; or 

6 ‘‘(B) the District of Columbia. 

7 ‘‘(9) CHESAPEAKE BAY WATERSHED.—The 

8 term ‘Chesapeake Bay watershed’ means the Chesa9 peake Bay and the area consisting of 19 tributary 

10 basins within the Chesapeake Bay States through 

11 which precipitation drains into the Chesapeake Bay. 

12 ‘‘(10) CHESAPEAKE EXECUTIVE COUNCIL.—The 

13 term ‘Chesapeake Executive Council’ means the sig14 natories to the Chesapeake Bay Agreement. 

15 ‘‘(11) CLEANING AGENT.—The term ‘cleaning 

16 agent’ means a laundry detergent, dishwashing com17 pound, household cleaner, metal cleaner, degreasing 

18 compound, commercial cleaner, industrial cleaner, 

19 phosphate compound, or other substance that is in20 tended to be used for cleaning purposes. 

21 ‘‘(12) DIRECTOR.—The term ‘director’ means 

22 the Director of the Chesapeake Bay Program Office 

23 of the Environmental Protection Agency. 

24 ‘‘(13) LOCAL GOVERNMENT.—The term ‘local 

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1 eral purpose political subdivision of a State with ju2 risdiction over land use. 

3 ‘‘(14) MENHADEN.—The term ‘menhaden’ 

4 means members of stocks or populations of the spe5 cies Brevoortia tyrannus. 

6 ‘‘(15) NUTRIA.—The term ‘nutria’ means the 

7 species Myocaster coypus. 

8 ‘‘(16) POINT-OF-REGULATION.—The term 

9 ‘point-of-regulation’ means any entity that— 

10 ‘‘(A) is subject to a limitation on pollution 

11 or other regulation under this Act; and 

12 ‘‘(B) has sufficient technical capacity and 

13 legal authority to meet the obligations of the 

14 entity under this Act. 

15 ‘‘(17) SIGNATORY JURISDICTION.—The term 

16 ‘signatory jurisdiction’ means a jurisdiction of a sig17 natory to the Chesapeake Bay Agreement. 

18 ‘‘(18) TMDL.— 

19 ‘‘(A) IN GENERAL.—The term ‘TMDL’ 

20 means the total maximum daily load that the 

21 Administrator establishes or approves for nitro22 gen, phosphorus, and sediment loading to the 

23 waters in the Chesapeake Bay mainstem and 

24 tidal tributaries identified on the list of a 

25 Chesapeake Bay State under section 303(d). 


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1 ‘‘(B) INCLUSIONS.—The term ‘TMDL’ 

2 may include nitrogen, phosphorus, and sedi3 ment allocations in temporal units of greater 

4 than daily duration if applicable allocations— 

5 ‘‘(i) are demonstrated to achieve 

6 water quality standards; and 

7 ‘‘(ii) do not lead to exceedances of 

8 other applicable water quality standards 

9 for local receiving waters. 

10 ‘‘(19) TRIBUTARY BASIN.—The term ‘tributary 

11 basin’ means an area of land or body of water 

12 that— 

13 ‘‘(A) drains into any of the 19 Chesapeake 

14 Bay tributaries or tributary segments; and 

15 ‘‘(B) is managed through watershed imple16 mentation plans under this Act. 

17 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO18 GRAM.— 

19 ‘‘(1) IN GENERAL.—In cooperation with the 

20 Chesapeake Executive Council (and as a member of 

21 the Council), the Administrator shall continue the 

22 Chesapeake Bay Program. 

23 ‘‘(2) PROGRAM OFFICE.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall maintain in the Environmental Protection 

3 Agency a Chesapeake Bay Program Office. 

4 ‘‘(B) FUNCTION.—The Chesapeake Bay 

5 Program Office shall provide support to the 

6 Chesapeake Executive Council by— 

7 ‘‘(i) implementing and coordinating 

8 science, research, modeling, support serv9 ices, monitoring, data collection, and other 

10 activities that support the Chesapeake Bay 

11 Program; 

12 ‘‘(ii) developing and making available, 

13 through publications, technical assistance, 

14 and other appropriate means, information 

15 pertaining to the environmental quality 

16 and living resources of the Chesapeake 

17 Bay ecosystem; 

18 ‘‘(iii) in cooperation with appropriate 

19 Federal, State, and local authorities, as20 sisting the signatories to the Chesapeake 

21 Bay Agreement in developing and imple22 menting specific action plans to carry out 

23 the responsibilities of the signatories to the 

24 Chesapeake Bay Agreement; 


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1 ‘‘(iv) coordinating the actions of the 

2 Environmental Protection Agency with the 

3 actions of the appropriate officials of other 

4 Federal agencies and State and local au5 thorities in developing strategies to— 

6 ‘‘(I) improve the water quality 

7 and living resources in the Chesa8 peake Bay ecosystem; and 

9 ‘‘(II) obtain the support of the 

10 appropriate officials of the agencies 

11 and authorities in achieving the objec12 tives of the Chesapeake Bay Agree13 ment; and 

14 ‘‘(v) implementing outreach programs 

15 for public information, education, and par16 ticipation to foster stewardship of the re17 sources of the Chesapeake Bay. 

18 ‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis19 trator may enter into an interagency agreement with a 

20 Federal agency to carry out this section. 

21 ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE

22 GRANTS.— 

23 ‘‘(1) IN GENERAL.—In cooperation with the 

24 Chesapeake Executive Council, the Administrator 

25 may provide technical assistance, and assistance 


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1 grants, to nonprofit organizations, State and local 

2 governments, colleges, universities, and interstate 

3 agencies to carry out this section, subject to such 

4 terms and conditions as the Administrator considers 

5 appropriate. 

6 ‘‘(2) FEDERAL SHARE.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), the Federal share of an as9 sistance grant provided under paragraph (1) 

10 shall be determined by the Administrator in ac11 cordance with guidance issued by the Adminis12 trator. 

13 ‘‘(B) CHESAPEAKE BAY STEWARDSHIP

14 GRANTS PROGRAM.—The Federal share of an 

15 assistance grant provided under paragraph (1) 

16 to carry out an implementing activity under 

17 subsection (h)(2) shall not exceed 75 percent of 

18 eligible project costs, as determined by the Ad19 ministrator. 

20 ‘‘(3) NON-FEDERAL SHARE.—An assistance 

21 grant under paragraph (1) shall be provided on the 

22 condition that non-Federal sources provide the re23 mainder of eligible project costs, as determined by 

24 the Administrator. 


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1 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative 

2 costs shall not exceed 10 percent of the annual grant 

3 award. 

4 ‘‘(e) IMPLEMENTATION AND MONITORING

5 GRANTS.— 

6 ‘‘(1) IN GENERAL.—On the request of the chief 

7 executive of the Chesapeake Bay State, the Adminis8 trator— 

9 ‘‘(A) shall make an implementation grant 

10 to the Chesapeake Bay State, or a designee of 

11 a Chesapeake Bay State (such as a soil con12 servation district, nonprofit organization, local 

13 government, college, university, interstate basin 

14 commission, or interstate agency), for the pur15 pose of implementing the TMDL plans of the 

16 Chesapeake Bay State and achieving the goals 

17 established under the Chesapeake Bay Agree18 ment, subject to such terms and conditions as 

19 the Administrator considers to be appropriate; 

20 and 

21 ‘‘(B) may make a monitoring grant to— 

22 ‘‘(i) a Chesapeake Bay State, or a 

23 designee of a Chesapeake Bay State (such 

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1 versity, interstate basin commission, or 

2 interstate agency), for the purpose of mon3 itoring the ecosystem of freshwater tribu4 taries to the Chesapeake Bay; or 

5 ‘‘(ii) the States of Delaware, Mary6 land, or Virginia, the District of Columbia, 

7 or a designee (such as a nonprofit organi8 zation, local government, college, univer9 sity, or interstate agency) for the purpose 

10 of monitoring the Chesapeake Bay, includ11 ing the tidal waters of the Chesapeake 

12 Bay. 

13 ‘‘(2) ADMINISTRATION.—In making implemen14 tation grants to each of the Chesapeake Bay States 

15 for a fiscal year under this subsection, the Adminis16 trator shall ensure that not less than— 

17 ‘‘(A) 10 percent of the funds available to 

18 make such grants are made to the States of 

19 Delaware, New York, and West Virginia; and 

20 ‘‘(B) 20 percent of the funds available to 

21 make such grants are made to States for the 

22 sole purpose of providing technical assistance to 

23 agricultural producers and foresters to access 

24 conservation programs and other resources de25 voted to improvements in water quality in the 


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1 Chesapeake Bay and the tributaries of the 

2 Chesapeake Bay. 

3 ‘‘(3) PROPOSALS.— 

4 ‘‘(A) IMPLEMENTATION GRANTS.— 

5 ‘‘(i) IN GENERAL.—A Chesapeake 

6 Bay State described in paragraph (1) may 

7 apply for a grant under this subsection for 

8 a fiscal year by submitting to the Adminis9 trator a comprehensive proposal to imple10 ment programs and achieve the goals es11 tablished under the Chesapeake Bay 

12 Agreement. 

13 ‘‘(ii) IMPLEMENTATION GRANT CON14 TENTS.—A proposal under clause (i) shall 

15 include— 

16 ‘‘(I) a description of proposed ac17 tions that the Chesapeake Bay State 

18 commits to take within a specified 

19 time period that are designed— 

20 ‘‘(aa) to achieve and main21 tain all applicable water quality 

22 standards, including standards 

23 necessary to support the aquatic 

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1 peake Bay and related tributaries 

2 and to protect human health; 

3 ‘‘(bb) to restore, enhance, 

4 and protect the finfish, shellfish, 

5 waterfowl, and other living re6 sources, habitats of those species 

7 and resources, and ecological re8 lationships to sustain all fisheries 

9 and provide for a balanced eco10 system; 

11 ‘‘(cc) to preserve, protect, 

12 and restore those habitats and 

13 natural areas that are vital to the 

14 survival and diversity of the liv15 ing resources of the Chesapeake 

16 Bay and associated rivers; 

17 ‘‘(dd) to develop, promote, 

18 and achieve sound land use prac19 tices that protect and restore wa20 tershed resources and water qual21 ity, reduce or maintain reduced 

22 pollutant loadings for the Chesa23 peake Bay and related tribu24 taries, and restore and preserve 

25 aquatic living resources; 


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1 ‘‘(ee) to promote individual 

2 stewardship and assist individ3 uals, community-based organiza4 tions, businesses, local govern5 ments, and schools to undertake 

6 initiatives to achieve the goals 

7 and commitments of the Chesa8 peake Bay Agreement; or 

9 ‘‘(ff) to provide technical as10 sistance to agricultural pro11 ducers, foresters, and other eligi12 ble entities, through technical in13 frastructure, including activities, 

14 processes, tools, and agency func15 tions needed to support delivery 

16 of technical services, such as 

17 technical standards, resource in18 ventories, training, data, tech19 nology, monitoring, and effects 

20 analyses; 

21 ‘‘(II) a commitment to dedicate 

22 not less than 20 percent of the grant 

23 of the Chesapeake Bay under this 

24 subsection to support technical assist25 ance for agricultural and forestry land 


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1 or nutrient management practices 

2 that protect and restore watershed re3 sources and water quality, reduce or 

4 maintain reduced pollutant loadings 

5 for the Chesapeake Bay and related 

6 tributaries, and restore and preserve 

7 aquatic living resources; and 

8 ‘‘(III) the estimated cost of the 

9 actions proposed to be taken during 

10 the fiscal year. 

11 ‘‘(B) MONITORING GRANTS.— 

12 ‘‘(i) IN GENERAL.—A Chesapeake 

13 Bay State described in paragraph (1) may 

14 apply for a grant under this subsection for 

15 a fiscal year by submitting to the Adminis16 trator a comprehensive proposal to monitor 

17 freshwater or estuarine ecosystems, includ18 ing water quality. 

19 ‘‘(ii) MONITORING GRANT CON20 TENTS.—A proposal under this subpara21 graph shall include— 

22 ‘‘(I) a description of the proposed 

23 monitoring system; 

24 ‘‘(II) certification by the Chesa25 peake Bay Program Director that 


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1 such a monitoring system includes 

2 such parameters as the Chesapeake 

3 Bay Program Director determines to 

4 be necessary to assess progress to5 ward achieving the goals of the Chesa6 peake Clean Water and Ecosystem 

7 Restoration Act of 2009; and 

8 ‘‘(III) the estimated cost of the 

9 monitoring proposed to be conducted 

10 during the fiscal year. 

11 ‘‘(iii) CONCURRENCES.—The Adminis12 trator shall— 

13 ‘‘(I) obtain the concurrence of 

14 the Director of the United States Geo15 logical Survey regarding the design 

16 and implementation of the freshwater 

17 monitoring systems established under 

18 this subsection; and 

19 ‘‘(II) obtain the concurrence of 

20 the Director of the Chesapeake Bay 

21 Office of the National Oceanic and 

22 Atmospheric Administration regarding 

23 the design and implementation of the 

24 estuarine monitoring systems estab25 lished under this subsection. 


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1 ‘‘(iv) CONSULTATION.—The Adminis2 trator shall— 

3 ‘‘(I) consult with the Interstate 

4 Commission on the Potomac River 

5 Basin, the Susquehanna River Basin 

6 Commission, and the Chesapeake Bay 

7 States regarding the design and im8 plementation of the freshwater moni9 toring systems established under this 

10 subsection, giving particular attention 

11 to the measurement of the water qual12 ity effectiveness of agricultural con13 servation program implementation (in14 cluding geospatial agricultural con15 servation program data), including the 

16 Chesapeake Bay Watershed Initiative 

17 under section 1240Q of the Food Se18 curity Act of 1985 (16 U.S.C. 

19 3839bb–4); 

20 ‘‘(II) consult with Old Dominion 

21 University, the Virginia Institute of 

22 Marine Science, the University of 

23 Maryland Center for Environmental 

24 Science, and the Chesapeake Bay 

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1 toring systems established under this 

2 subsection; 

3 ‘‘(III) consult with the Chesa4 peake Bay Program Scientific and 

5 Technical Advisory Committee regard6 ing independent review of monitoring 

7 designs giving particular attention to 

8 integrated freshwater and estuarine 

9 monitoring strategies; and 

10 ‘‘(IV) consult with Federal de11 partments and agencies regarding co12 operation in implementing monitoring 

13 programs. 

14 ‘‘(f) FEDERAL FACILITIES COORDINATION.— 

15 ‘‘(1) SUBWATERSHED PLANNING AND RESTORA16 TION.—A Federal agency that owns or operates a 

17 facility (as defined by the Administrator) within the 

18 Chesapeake Bay watershed shall participate in re19 gional and subwatershed planning and restoration 

20 programs. 

21 ‘‘(2) COMPLIANCE WITH AGREEMENTS AND

22 PLANS.—The head of each Federal agency that owns 

23 or occupies real property in the Chesapeake Bay wa24 tershed shall ensure that the property, and actions 


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1 taken by the agency with respect to the property, 

2 comply with— 

3 ‘‘(A) the Chesapeake Bay Agreement; 

4 ‘‘(B) the Federal Agencies Chesapeake 

5 Ecosystem Unified Plan; 

6 ‘‘(C) the Chesapeake Bay action plan de7 veloped in accordance with subparagraph 

8 (g)(1)(A); and 

9 ‘‘(D) any subsequent agreements and 

10 plans. 

11 ‘‘(g) FEDERAL ANNUAL ACTION PLAN AND

12 PROGRESS REPORT.—The Administrator, in accordance 

13 with Executive Order 13508 entitled ‘Chesapeake Bay 

14 Protection and Restoration’ and signed on May 12, 2009 

15 (74 Fed. Reg. 23099), shall— 

16 ‘‘(1) make available to the public, not later than 

17 March 31 of each year— 

18 ‘‘(A) a Chesapeake Bay action plan de19 scribing, in the greatest practicable degree of 

20 detail, how Federal funding proposed in the an21 nual budget of the United States submitted by 

22 the President to Congress will be used to pro23 tect and restore the Chesapeake Bay during the 

24 upcoming fiscal year; and 

25 ‘‘(B) an annual progress report that— 


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1 ‘‘(i) assesses the key ecological at2 tributes that reflect the health of the 

3 Chesapeake Bay ecosystem; 

4 ‘‘(ii) reviews indicators of environ5 mental conditions in the Chesapeake Bay; 

6 ‘‘(iii) distinguishes between the health 

7 of the Chesapeake Bay ecosystem and the 

8 results of management measures; 

9 ‘‘(iv) assesses implementation of the 

10 action plan during the preceding fiscal 

11 year; 

12 ‘‘(v) recommends steps to improve 

13 progress in restoring and protecting the 

14 Chesapeake Bay; and 

15 ‘‘(vi) describes how Federal funding 

16 and actions will be coordinated with the 

17 actions of States, basin commissions, and 

18 others; 

19 ‘‘(2) create and maintain, with the concurrence 

20 of the Secretary of Agriculture, a Chesapeake Bay21 wide database containing comprehensive data on im22 plementation of conservation management practices 

23 in the Chesapeake Bay watershed that— 

24 ‘‘(A) includes baseline conservation man25 agement practice implementation data as of the 


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1 effective date of the Chesapeake Clean Water 

2 and Ecosystem Restoration Act of 2009; 

3 ‘‘(B) includes data on subsequent con4 servation management practice implementation 

5 projects funded by or reported to the Agency or 

6 the Department; 

7 ‘‘(C) presents the required data in statis8 tical or aggregate form without identifying 

9 any— 

10 ‘‘(i) individual owner, operator, or 

11 producer; or 

12 ‘‘(ii) specific data gathering site; and 

13 ‘‘(D) is made available to the public not 

14 later than December 31, 2010. 

15 ‘‘(h) CHESAPEAKE BAY PROGRAM.— 

16 ‘‘(1) MANAGEMENT STRATEGIES.—The Admin17 istrator, in coordination with other members of the 

18 Chesapeake Executive Council, shall ensure that 

19 management plans are developed and implemented 

20 by Chesapeake Bay States to achieve and main21 tain— 

22 ‘‘(A) the nutrient goals of the Chesapeake 

23 Bay Agreement for the quantity of nitrogen and 

24 phosphorus entering the Chesapeake Bay and 

25 the watershed of the Chesapeake Bay; 


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1 ‘‘(B) the water quality requirements nec2 essary to restore living resources in the Chesa3 peake Bay ecosystem; 

4 ‘‘(C) the Chesapeake Bay Basinwide Tox5 ins Reduction and Prevention Strategy goal of 

6 reducing or eliminating the input of chemical 

7 contaminants from all controllable sources to 

8 levels that result in no toxic or bioaccumulative 

9 impact on the living resources of the Chesa10 peake Bay ecosystem or on human health; 

11 ‘‘(D) habitat restoration, protection, cre12 ation, and enhancement goals established by 

13 Chesapeake Bay Agreement signatories for wet14 land, riparian forests, and other types of habi15 tat associated with the Chesapeake Bay eco16 system; and 

17 ‘‘(E) the restoration, protection, creation, 

18 and enhancement goals established by the 

19 Chesapeake Bay Agreement signatories for liv20 ing resources associated with the Chesapeake 

21 Bay ecosystem. 

22 ‘‘(2) CHESAPEAKE BAY STEWARDSHIP GRANTS

23 PROGRAM.—The Administrator, in cooperation with 

24 the Chesapeake Executive Council, shall— 


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1 ‘‘(A) establish a Chesapeake Bay Steward2 ship Grants Program; and 

3 ‘‘(B) in carrying out that program— 

4 ‘‘(i) offer technical assistance and as5 sistance grants under subsection (d) to 

6 local governments, soil conservation dis7 tricts, academic institutions, and nonprofit 

8 organizations in the Chesapeake Bay re9 gion to implement— 

10 ‘‘(I) cooperative watershed strate11 gies that address the water quality, 

12 habitat, and living resource needs in 

13 the Chesapeake Bay ecosystem; 

14 ‘‘(II) locally based protection and 

15 restoration programs or projects with16 in a watershed that complement the 

17 State watershed implementation 

18 plans, including the creation, restora19 tion, or enhancement of habitat asso20 ciated with the Chesapeake Bay eco21 system; and 

22 ‘‘(III) innovative nitrogen, phos23 phorus, or sediment reduction efforts; 

24 and 


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1 ‘‘(ii) give preference to cooperative 

2 projects that involve local governments. 

3 ‘‘(i) TOTAL MAXIMUM DAILY LOAD.— 

4 ‘‘(1) TMDL.— 

5 ‘‘(A) ESTABLISHMENT.—Not later than 

6 December 31, 2010, the Administrator shall es7 tablish a Chesapeake Bay-wide TMDL. 

8 ‘‘(B) REQUIREMENTS.—The Administrator 

9 shall not establish or approve a TMDL de10 scribed in subparagraph (A) unless the TMDL 

11 includes— 

12 ‘‘(i) wasteload allocations for nitrogen, 

13 phosphorus, and sediment necessary to im14 plement the applicable water quality stand15 ards in the Chesapeake Bay watershed and 

16 achieve those standards in the Chesapeake 

17 Bay and the tidal tributaries of the Chesa18 peake Bay; 

19 ‘‘(ii) enforceable or otherwise binding 

20 load allocations for all nonpoint sources, 

21 including atmospheric deposition, agricul22 tural runoff, and stormwater sources for 

23 which a permit under section 402 is not 

24 required; 


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1 ‘‘(iii) a margin of safety so as to en2 sure that the TMDL does not exceed any 

3 applicable water quality standard; and 

4 ‘‘(iv) a requirement for no net in5 crease of nitrogen, phosphorus, and sedi6 ment loads above the pollution limitations 

7 necessary to meet water quality standards 

8 for the Chesapeake Bay, including no net 

9 projected increased pollutant loads from— 

10 ‘‘(I) new or increased impervious 

11 surfaces; 

12 ‘‘(II) concentrated animal feeding 

13 operations; 

14 ‘‘(III) transportation systems; 

15 and 

16 ‘‘(IV) septic systems. 

17 ‘‘(2) PERMITS.— 

18 ‘‘(A) IN GENERAL.—Effective beginning on 

19 January 1, 2011, a new or reissued permit 

20 issued by the Administrator under section 

21 402(a) or a State authorized to administer a 

22 permit program under section 402(b) shall in23 clude limits consistent with all applicable 

24 wasteload allocations in the Chesapeake Bay 

25 TMDL. 


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1 ‘‘(B) PERMITS.— 

2 ‘‘(i) IN GENERAL.—Effective begin3 ning on January 1, 2011, each Chesapeake 

4 Bay State shall submit to the Adminis5 trator copies of any permit for discharges 

6 of nitrogen, phosphorus, or sediment into 

7 the Chesapeake Bay watershed that is al8 lowed to continue beyond 5 years pursuant 

9 to a State law analogous to section 558(c) 

10 of title 5, United States Code, not later 

11 than 60 days after the expiration date of 

12 the permit. 

13 ‘‘(ii) REVIEW.—The Administrator 

14 shall have the opportunity to review and 

15 object to the continuance of the permit in 

16 accordance with the process described in 

17 section 402(d) for permits proposed to be 

18 issued by a State. 

19 ‘‘(j) ACTIONS BY STATES.— 

20 ‘‘(1) WATERSHED IMPLEMENTATION PLANS.— 

21 ‘‘(A) PLANS.— 

22 ‘‘(i) IN GENERAL.—Not later than 

23 May 12, 2011, each Chesapeake Bay State 

24 shall, after providing for reasonable notice 

25 and 1 or more public hearings, adopt and 


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1 submit to the Administrator for approval a 

2 watershed implementation plan for the por3 tion of each of the 92 tidal water segments 

4 that is subject to the jurisdiction of the 

5 Chesapeake Bay State that together com6 prise the Chesapeake Bay. 

7 ‘‘(ii) TARGETS.—The watershed im8 plementation plan shall establish reduction 

9 targets, key actions, and schedules for re10 ducing, to levels that will attain water 

11 quality standards, the loads, of nitrogen, 

12 phosphorus, and sediment, including pollu13 tion from— 

14 ‘‘(I) agricultural runoff; 

15 ‘‘(II) point sources, including 

16 point source stormwater discharges; 

17 ‘‘(III) nonpoint source 

18 stormwater runoff; and 

19 ‘‘(IV) septic systems and other 

20 onsite sewage disposal systems. 

21 ‘‘(iii) POLLUTION LIMITATIONS.— 

22 ‘‘(I) IN GENERAL.—The tribu23 tary pollution limitations shall be the 

24 nitrogen, phosphorous, and sediment 

25 cap loads identified in the tributary 


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1 cap load agreement numbered EPA 

2 903–R–03–007, date December 2003, 

3 and entitled ‘Setting and Allocating 

4 the Chesapeake Bay Basin Nutrient 

5 and Sediment Loads: The Collabo6 rative Process, Technical Tools and 

7 Innovative Approaches,’ or a Chesa8 peake Bay TMDL established by the 

9 Administrator. 

10 ‘‘(II) STRINGENCY.—A water11 shed implementation plan shall be de12 signed to attain, at a minimum, the 

13 pollution limitations described in sub14 clause (I). 

15 ‘‘(iv) PLAN REQUIREMENTS.—Each 

16 watershed implementation plan shall— 

17 ‘‘(I) include State-adopted man18 agement measures, including rules or 

19 regulations, permits, consent decrees, 

20 and other enforceable or otherwise 

21 binding measures, to require and 

22 achieve reductions from pollution 

23 sources; 

24 ‘‘(II) include programs to achieve 

25 voluntary reductions from pollution 


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1 sources, including funding commit2 ments necessary to implement those 

3 programs; 

4 ‘‘(III) include any additional re5 quirements or actions that the Chesa6 peake Bay State determines to be nec7 essary to attain the pollution limita8 tions by the deadline established in 

9 this paragraph; 

10 ‘‘(IV) provide for enforcement 

11 mechanisms, including a penalty 

12 structure for failures, such as fees or 

13 forfeiture of State funds, including 

14 Federal funds distributed or otherwise 

15 awarded by the State to the extent 

16 the State is authorized to exercise 

17 independent discretion in amounts of 

18 such distributions or awards, for use 

19 in case a permittee, local jurisdictions, 

20 or any other party fails to adhere to 

21 assigned pollutant limitations, imple22 mentation schedules, or permit terms; 

23 ‘‘(V) include a schedule for im24 plementation divided into 2-year peri25 ods, along with computer modeling to 


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1 demonstrate the projected reductions 

2 in nitrogen, phosphorus, and sediment 

3 loads associated with each 2-year pe4 riod; 

5 ‘‘(VI) include the stipulation of 

6 alternate actions as contingencies; 

7 ‘‘(VII) account for how the 

8 Chesapeake Bay State will address 

9 additional loadings from growth 

10 through offsets or other actions; and 

11 ‘‘(VIII) provide assurances 

12 that— 

13 ‘‘(aa) if compared to an esti14 mated 2008 baseline based on 

15 modeled loads, the initial plan 

16 shall be designed to achieve, not 

17 later than May 31, 2017, at least 

18 60 percent of the nutrient and 

19 sediment limitations described in 

20 clause (iii)(I); 

21 ‘‘(bb) the management 

22 measures required to achieve a 

23 50-percent reduction of nutrient 

24 and sediment limitations shall be 


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1 in effect upon submission of the 

2 plan; 

3 ‘‘(cc) the Chesapeake Bay 

4 State will have adequate per5 sonnel, funding, and authority 

6 under State (and, as appropriate, 

7 local) law to carry out the imple8 mentation plan, and is not pro9 hibited by any provision of Fed10 eral or State law from carrying 

11 out the implementation plan; and 

12 ‘‘(dd) in a case in which a 

13 Chesapeake Bay State has relied 

14 on a local government for the im15 plementation of any plan provi16 sion, the Chesapeake Bay State 

17 has the responsibility for ensur18 ing adequate implementation of 

19 the provision. 

20 ‘‘(B) IMPLEMENTATION.— 

21 ‘‘(i) IN GENERAL.—In implementing a 

22 watershed implementation plan, each 

23 Chesapeake Bay State shall follow a strat24 egy developed by the Administrator for the 

25 implementation of adaptive management 


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1 principles to ensure full implementation of 

2 all plan elements by not later than May 

3 12, 2025, including— 

4 ‘‘(I) biennial evaluations of State 

5 actions; 

6 ‘‘(II) progress made toward im7 plementation; 

8 ‘‘(III) determinations of nec9 essary modifications to future actions 

10 in order to achieve objectives; and 

11 ‘‘(IV) appropriate provisions to 

12 adapt to climate changes. 

13 ‘‘(ii) DEADLINE.—Not later than May 

14 12, 2025, each Chesapeake Bay State 

15 shall— 

16 ‘‘(I) fully implement the water17 shed implementation plan of the 

18 State; and 

19 ‘‘(II) have in place all the mecha20 nisms outlined in the plan that are 

21 necessary to attain the applicable pol22 lutant limitations for nitrogen, phos23 phorus, and sediments. 

24 ‘‘(C) PROGRESS REPORTS.—Not later than 

25 May 12, 2014, and biennially thereafter, each 


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1 Chesapeake Bay State shall submit to the Ad2 ministrator a progress report that, with respect 

3 to the 2-year period covered by the report— 

4 ‘‘(i) includes a listing of all manage5 ment measures that were to be imple6 mented in accordance with the approved 

7 watershed implementation plan of the 

8 Chesapeake Bay State, including a descrip9 tion of the extent to which those measures 

10 have been fully implemented; 

11 ‘‘(ii) includes a listing of all the man12 agement measures described in clause (i) 

13 that the Chesapeake Bay State has failed 

14 to fully implement in accordance with the 

15 approved watershed implementation plan 

16 of the Chesapeake Bay State; 

17 ‘‘(iii) includes monitored and collected 

18 water quality data; 

19 ‘‘(iv) includes Chesapeake Bay Pro20 gram computer modeling data that detail 

21 the nitrogen, phosphorus, and sediment 

22 load reductions projected to be achieved as 

23 a result of the implementation of the man24 agement measures and mechanisms carried 

25 out by the Chesapeake Bay State; 


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1 ‘‘(v) includes, for the subsequent 2- 

2 year period, implementation goals and 

3 Chesapeake Bay Program computer mod4 eling data detailing the projected pollution 

5 reductions to be achieved if the Chesa6 peake Bay State fully implements the sub7 sequent round of management measures; 

8 ‘‘(vi) identifies compliance informa9 tion, including violations, actions taken by 

10 the Chesapeake Bay State to address the 

11 violations, and dates, if any, on which com12 pliance was achieved; and 

13 ‘‘(vii) specifies any revisions to the 

14 watershed implementation plan submitted 

15 under this paragraph that the Chesapeake 

16 Bay State determines are necessary to at17 tain the applicable pollutant limitations for 

18 nitrogen, phosphorus, and sediments. 

19 ‘‘(2) ISSUANCE OF PERMITS.— 

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of this Act (including any exclu22 sion or exception contained in a definition 

23 under section 502), for the purpose of achieving 

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1 tion plan, a Chesapeake Bay State may issue a 

2 permit in accordance with section 402 for any 

3 pollution source the Chesapeake Bay State de4 termines to be necessary. 

5 ‘‘(B) ENFORCEMENT.—The Administrator 

6 shall enforce any permits issued in accordance 

7 with the watershed implementation plan in the 

8 same manner as other permits issued under 

9 section 402 are enforced. 

10 ‘‘(3) STORMWATER PERMITS.— 

11 ‘‘(A) IN GENERAL.—Effective beginning 

12 January 1, 2013, the Chesapeake Bay State 

13 shall provide assurances to the Administrator 

14 that— 

15 ‘‘(i) the owner or operator of any de16 velopment or redevelopment project pos17 sessing an impervious footprint that ex18 ceeds a threshold to be determined by the 

19 Administrator through rulemaking, will use 

20 site planning, design, construction, and 

21 maintenance strategies for the property to 

22 maintain or restore, to the maximum ex23 tent technically feasible, the 

24 predevelopment hydrology of the property 


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1 with regard to the temperature, rate, vol2 ume, and duration of flow; and 

3 ‘‘(ii) as a further condition of permit4 ting such a development or redevelopment, 

5 the owner or operator of any development 

6 or redevelopment project possessing an im7 pervious footprint that exceeds a threshold 

8 to be determined by the Administrator 

9 through rulemaking will compensate for 

10 any unavoidable impacts to the 

11 predevelopment hydrology of the property 

12 with regard to the temperature, rate, vol13 ume, and duration of flow, such that— 

14 ‘‘(I) the compensation within the 

15 jurisdictional boundaries of the local 

16 government shall provide in-kind miti17 gation of function at a ratio to be de18 termined by the Administrator 

19 through rulemaking; and 

20 ‘‘(II) the compensation outside 

21 the jurisdictional boundaries of the 

22 local government shall provide in-kind 

23 mitigation, at a ratio to be determined 

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1 making, within the tributary water2 shed in which the project is located. 

3 ‘‘(B) ADMINISTRATION.—Not later than 

4 December 31, 2012, the Administrator shall 

5 promulgate regulations that— 

6 ‘‘(i) define the term ‘predevelopment 

7 hydrology’ in subparagraph (A); 

8 ‘‘(ii) establish the thresholds under 

9 subparagraph (A); and 

10 ‘‘(iii) establish the compensation ra11 tios under subparagraph (A)(ii). 

12 ‘‘(4) PHOSPHATE BAN.— 

13 ‘‘(A) PHOSPHORUS IN CLEANING

14 AGENTS.—Each Chesapeake Bay State shall 

15 provide to the Administrator, not later than 3 

16 years after the date of enactment of the Chesa17 peake Clean Water and Ecosystem Restoration 

18 Act of 2009, assurances that within the juris19 diction, except as provided in subparagraph 

20 (B), a person may not use, sell, manufacture, 

21 or distribute for use or sale any cleaning agent 

22 that contains more than 0.0 percent phosphorus 

23 by weight, expressed as elemental phosphorus, 

24 except for a quantity not exceeding 0.5 percent 


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1 phosphorus that is incidental to the manufac2 ture of the cleaning agent. 

3 ‘‘(B) PROHIBITED QUANTITIES OF PHOS4 PHORUS.—Each Chesapeake Bay State shall 

5 provide to the Administrator, not later than 3 

6 years after the date of enactment of the Chesa7 peake Clean Water and Ecosystem Restoration 

8 Act of 2009, assurances that, within the juris9 diction, a person may use, sell, manufacture, or 

10 distribute for use or sale a cleaning agent that 

11 contains greater than 0.0 percent phosphorus 

12 by weight, but does not exceed 8.7 percent 

13 phosphorus by weight, if the cleaning agent is 

14 a substance that the Administrator, by regula15 tion, excludes from the limitation under sub16 paragraph (A), based on a finding that compli17 ance with that subparagraph would— 

18 ‘‘(i) create a significant hardship on 

19 the users of the cleaning agent; or 

20 ‘‘(ii) be unreasonable because of the 

21 lack of an adequate substitute cleaning 

22 agent. 

23 ‘‘(k) ACTION BY ADMINISTRATOR.— 

24 ‘‘(1) IN GENERAL.—Not later than 60 days 

25 after the date of enactment of the Chesapeake Clean 


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1 Water and Ecosystem Restoration Act of 2009, the 

2 Administrator shall establish minimum criteria that 

3 any proposed watershed implementation plan must 

4 meet before the Administrator may approve such a 

5 plan. 

6 ‘‘(2) COMPLETENESS FINDING.— 

7 ‘‘(A) IN GENERAL.—Not later than 60 

8 days after the date on which the Administrator 

9 receives a new or revised proposed watershed 

10 implementation plan from a Chesapeake Bay 

11 State, the Administrator shall determine wheth12 er the minimum criteria for the plan established 

13 under paragraph (1) have been met. 

14 ‘‘(B) EFFECT OF FINDING OF INCOM15 PLETENESS.—If the Administrator determines 

16 under subparagraph (A) that all or any portion 

17 of a submitted watershed implementation plan 

18 does not meet the minimum criteria established 

19 under paragraph (1), the Chesapeake Bay State 

20 submitting the plan shall be treated as not hav21 ing made the submission. 

22 ‘‘(3) APPROVAL AND DISAPPROVAL.— 

23 ‘‘(A) DEADLINE.—Not later than 90 days 

24 after determining that a watershed implementa25 tion plan meets minimum criteria in accordance 


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1 with paragraph (2)(A), the Administrator shall 

2 approve or disapprove the plan. 

3 ‘‘(B) FULL AND PARTIAL APPROVAL AND

4 DISAPPROVAL.—In carrying out this paragraph, 

5 the Administrator— 

6 ‘‘(i) shall approve a watershed imple7 mentation plan if the plan meets all appli8 cable requirements under this section; and 

9 ‘‘(ii) may approve the plan in part 

10 and disapprove the plan in part if only a 

11 portion of the plan meets those require12 ments. 

13 ‘‘(C) CONDITIONAL APPROVAL.—The Ad14 ministrator— 

15 ‘‘(i) may conditionally approve a re16 vised watershed implementation plan based 

17 on a commitment of the Chesapeake Bay 

18 State submitting the plan to adopt specific 

19 enforceable management measures by not 

20 later than 1 year after the date of approval 

21 of the plan revision; but 

22 ‘‘(ii) shall treat a conditional approval 

23 as a disapproval under this paragraph if 

24 the Chesapeake Bay State fails to comply 


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1 with the commitment of the Chesapeake 

2 Bay State. 

3 ‘‘(D) FULL APPROVAL REQUIRED.—A new 

4 or revised watershed implementation plan shall 

5 not be treated as meeting the requirements of 

6 this section until the Administrator approves 

7 the entire new or revised plan. 

8 ‘‘(E) CORRECTIONS.—In any case in which 

9 the Administrator determines that the action of 

10 the Administrator approving, disapproving, con11 ditionally approving, or promulgating any new 

12 or revised watershed implementation plan was 

13 in error, the Administrator— 

14 ‘‘(i) may, in the same manner as the 

15 approval, disapproval, conditional approval, 

16 or promulgation, revise the action of the 

17 Administrator, as appropriate, without re18 quiring any further submission from the 

19 Chesapeake Bay State; and 

20 ‘‘(ii) shall make the determination of 

21 the Administrator, and the basis for that 

22 determination, available to the public. 

23 ‘‘(F) EFFECTIVE DATE.—The provisions of 

24 a State watershed implementation plan shall 


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1 take effect upon the date of approval of the 

2 plan. 

3 ‘‘(4) CALLS FOR PLAN REVISION.—In any case 

4 in which the Administrator determines that water5 shed implementation plan for any area is inadequate 

6 to attain or maintain applicable pollution limitations, 

7 the Administrator— 

8 ‘‘(A) shall notify the Chesapeake Bay 

9 State of, and require the Chesapeake Bay State 

10 to revise the plan to correct, the inadequacies; 

11 ‘‘(B) may establish reasonable deadlines 

12 (not to exceed 180 days after the date on which 

13 the Administrator provides the notification) for 

14 the submission of a revised watershed imple15 mentation plan; 

16 ‘‘(C) make the findings of the Adminis17 trator under paragraph (3) and notice provided 

18 under subparagraph (A) public; and 

19 ‘‘(D) require the Chesapeake Bay State to 

20 comply with the requirements applicable under 

21 the initial watershed implementation plan, ex22 cept that the Administrator may adjust any 

23 dates (other than attainment dates) applicable 

24 under those requirements, as appropriate. 


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1 ‘‘(5) FEDERAL IMPLEMENTATION.—If a Chesa2 peake Bay State fails to submit a watershed imple3 mentation plan, to submit a biennial report, or to 

4 correct a previously missed 2-year commitment made 

5 in a watershed implementation plan, the Adminis6 trator shall, after issuing a notice to the State and 

7 providing a 90-day period in which the failure may 

8 be corrected— 

9 ‘‘(A) withhold all funds otherwise available 

10 to the Chesapeake Bay State under this Act; 

11 ‘‘(B) develop and administer a watershed 

12 implementation plan for that Chesapeake Bay 

13 State until such time as the Chesapeake Bay 

14 State has remedied the plan, reports, or 

15 achievements to the satisfaction of the Adminis16 trator; 

17 ‘‘(C) require that all permits issued under 

18 section 402 for new or expanding discharges of 

19 nitrogen, phosphorus, or sediments acquire off20 sets that exceed by 100 percent an amount that 

21 would otherwise be required, taking into ac22 count attenuation, equivalency, and uncertainty; 

23 and 


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1 ‘‘(D) for the purposes of developing and 

2 implementing a watershed implementation plan 

3 under subparagraph (B)— 

4 ‘‘(i) notwithstanding any other provi5 sion of this Act (including any exclusion or 

6 exception contained in a definition under 

7 section 502), promulgate such regulations 

8 or issue such permits as the Administrator 

9 determines to be necessary to control pollu10 tion sufficient to meet the water quality 

11 goals defined in the watershed implementa12 tion plan; and 

13 ‘‘(ii) enforce any permits issued in ac14 cordance with the watershed implementa15 tion plan in the same manner as other per16 mits issued under section 402 are en17 forced. 

18 ‘‘(6) NITROGEN AND PHOSPHORUS TRADING

19 PROGRAM.— 

20 ‘‘(A) ESTABLISHMENT.—Not later than 

21 May 12, 2012, the Administrator, in coopera22 tion with each Chesapeake Bay State, shall es23 tablish an interstate nitrogen and phosphorus 

24 trading program for the Chesapeake Bay for 

25 the generation, trading, and use of nitrogen and 


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1 phosphorus credits to facilitate the attainment 

2 and maintenance of the Chesapeake Bay-wide 

3 TMDL for nitrogen and phosphorus. 

4 ‘‘(B) TRADING SYSTEM.—The trading pro5 gram established under this subsection shall, at 

6 a minimum— 

7 ‘‘(i) define and standardize nitrogen 

8 and phosphorus credits and establish pro9 cedures or standards for ensuring equiva10 lent water quality benefits for all credits; 

11 ‘‘(ii) establish procedures or standards 

12 for certifying and verifying nitrogen and 

13 phosphorus credits to ensure that credit14 generating practices from both point 

15 sources and nonpoint sources are achieving 

16 actual reductions in nitrogen and phos17 phorus; 

18 ‘‘(iii) establish procedures or stand19 ards for generating, quantifying, trading, 

20 and applying credits to meet regulatory re21 quirements and allow for trading to occur 

22 between and across point source or 

23 nonpoint sources; 


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1 ‘‘(iv) establish baseline requirements 

2 that a credit seller must meet before be3 coming eligible to generate saleable credits; 

4 ‘‘(v) establish points-of-regulation at 

5 the sub-State level to facilitate trading and 

6 promote water quality goals under which— 

7 ‘‘(I) States may designate point 

8 sources as points-of-regulation; 

9 ‘‘(II) States may aggregate mul10 tiple sources to serve as points-of-reg11 ulation; and 

12 ‘‘(III) the Administrator shall es13 tablish guidelines or standards to en14 sure that points-of-regulation shall be 

15 generally consistent across States; 

16 ‘‘(vi) ensure that credits are used in 

17 accordance with permit requirements under 

18 the national pollutant discharge elimi19 nation system established under section 

20 402 and trade requirements have been ade21 quately incorporated into the permits; 

22 ‘‘(vii) ensure that private contracts 

23 between credit buyers and credit sellers 

24 contain adequate provisions to ensure en25 forceability under applicable law; 


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1 ‘‘(viii) establish procedures or stand2 ards for providing public transparency on 

3 nutrient trading activity; 

4 ‘‘(ix) ensure that, if the local receiving 

5 water is impaired for the nutrient being 

6 traded but a TMDL has not yet been im7 plemented for the impairment— 

8 ‘‘(I) trades are required to result 

9 in progress toward or the attainment 

10 of water quality standards in the local 

11 receiving water; and 

12 ‘‘(II) sources in the watershed 

13 may not rely on credits produced out14 side of the watershed; 

15 ‘‘(x) require that the application of 

16 credits to meet regulatory requirements 

17 under this section not cause or contribute 

18 to exceedances of water quality standards, 

19 total maximum daily loads, or wasteload or 

20 load allocations for affected receiving wa21 ters, including avoidance of localized im22 pacts; 

23 ‘‘(xi) except as part of a consent 

24 agreement, prohibit the purchase of credits 

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1 compliance with an enforceable permit 

2 issued under section 402; 

3 ‘‘(xii) consider and incorporate, to the 

4 maximum extent practicable, elements of 

5 State trading programs in existence as of 

6 the date of enactment of the Chesapeake 

7 Clean Water and Ecosystem Restoration 

8 Act of 2009; and 

9 ‘‘(xiii) allow for, as appropriate, the 

10 aggregation and banking of credits by 

11 third parties. 

12 ‘‘(C) FACILITATION OF TRADING.—In 

13 order to attract market participants and facili14 tate the cost-effective achievement of water15 quality goals, the Administrator shall ensure 

16 that the trading program established under this 

17 paragraph— 

18 ‘‘(i) includes measures to mitigate 

19 credit buyer risk; 

20 ‘‘(ii) makes use of the best available 

21 science in order to minimize uncertainty 

22 and related transaction costs to traders, 

23 including the Administrator, in consulta24 tion with the Secretary of Agriculture, sup25 porting research and other activities that 


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1 increase the scientific understanding of 

2 nonpoint nutrient pollutant loading and 

3 the ability of various structural and non4 structural alternatives to reduce the loads; 

5 ‘‘(iii) eliminates unnecessary or dupli6 cative administrative processes; and 

7 ‘‘(iv) incorporates a permitting ap8 proach under the national pollutant dis9 charge elimination system established 

10 under section 402 that allows trading to 

11 occur without requiring the reopening or 

12 reissuance of permits to incorporate indi13 vidual trades. 

14 ‘‘(7) AUTHORITY RELATING TO DEVELOP15 MENT.—The Administrator shall— 

16 ‘‘(A) establish, for projects resulting in im17 pervious development, guidance relating to site 

18 planning, design, construction, and maintenance 

19 strategies to ensure that the land maintains 

20 predevelopment hydrology with regard to the 

21 temperature, rate, volume, and duration of flow; 

22 ‘‘(B) establish model ordinances and guide23 lines with respect to the construction of low-im24 pact development infrastructure and non25 structural low-impact development techniques 


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1 for use by States, local governments, and pri2 vate entities; and 

3 ‘‘(C) not later than 180 days after promul4 gation of the regulations under subsection 

5 (j)(3)(B), issue such guidance, model ordi6 nances, and guidelines as are necessary to carry 

7 out this paragraph. 

8 ‘‘(8) ASSISTANCE WITH RESPECT TO

9 STORMWATER DISCHARGES.— 

10 ‘‘(A) GRANT PROGRAM.—The Adminis11 trator may provide grants to any local govern12 ment within the Chesapeake Bay watershed 

13 that adopts the guidance, ordinances, and 

14 guidelines issued under paragraph (7). 

15 ‘‘(B) USE OF FUNDS.—A grant provided 

16 under subparagraph (A) may be used by a local 

17 government to pay costs associated with— 

18 ‘‘(i) developing, implementing, and en19 forcing the guidance, ordinances, and 

20 guidelines issued under paragraph (7); and 

21 ‘‘(ii) implementing projects designed 

22 to reduce stormwater discharges. 

23 ‘‘(9) CONSUMER AND COMMERCIAL PRODUCT

24 REPORT.—Not later than 3 years after the date of 

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1 system Restoration Act of 2009, the Administrator, 

2 in consultation with the Chesapeake Executive Coun3 cil, shall— 

4 ‘‘(A) review consumer and commercial 

5 products, the use of which may affect the water 

6 quality of the Chesapeake Bay watershed or as7 sociated tributaries, to determine whether fur8 ther product nutrient content restrictions are 

9 necessary to restore or maintain water quality 

10 in the Chesapeake Bay watershed and those 

11 tributaries; and 

12 ‘‘(B) submit to the Committees on Appro13 priations, Environment and Public Works, and 

14 Commerce, Science, and Transportation of the 

15 Senate and the Committees on Appropriations, 

16 Natural Resources, Energy and Commerce, and 

17 Transportation and Infrastructure of the House 

18 of Representatives a product nutrient report de19 tailing the findings of the review under sub20 paragraph (A). 

21 ‘‘(l) PROHIBITION ON INTRODUCTION OF ASIAN OYS22 TERS.—Not later than 2 years after the date of enactment 

23 of the Chesapeake Clean Water and Ecosystem Restora24 tion Act of 2009, the Administrator shall promulgate reg25 ulations— 


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1 ‘‘(1) to designate the Asian oyster as a ‘biologi2 cal pollutant’ in the Chesapeake Bay and tidal wa3 ters pursuant to section 502; 

4 ‘‘(2) to prohibit the issuance of permits under 

5 sections 402 and 404 for the discharge of the Asian 

6 oyster into the Chesapeake Bay and tidal waters; 

7 and 

8 ‘‘(3) to specify conditions under which scientific 

9 research on Asian oysters may be conducted within 

10 the Chesapeake Bay and tidal waters. 

11 ‘‘(m) CHESAPEAKE NUTRIA ERADICATION PRO12 GRAM.— 

13 ‘‘(1) GRANT AUTHORITY.—Subject to the avail14 ability of appropriations, the Secretary of the Inte15 rior (referred to in this subsection as the ‘Sec16 retary’), may provide financial assistance to the 

17 States of Delaware, Maryland, and Virginia to carry 

18 out a program to implement measures— 

19 ‘‘(A) to eradicate or control nutria; and 

20 ‘‘(B) to restore marshland damaged by nu21 tria. 

22 ‘‘(2) GOALS.—The continuing goals of the pro23 gram shall be— 

24 ‘‘(A) to eradicate nutria in the Chesapeake 

25 Bay ecosystem; and 


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1 ‘‘(B) to restore marshland damaged by nu2 tria. 

3 ‘‘(3) ACTIVITIES.—In the States of Delaware, 

4 Maryland, and Virginia, the Secretary shall require 

5 that the program under this subsection consist of 

6 management, research, and public education activi7 ties carried out in accordance with the document 

8 published by the United States Fish and Wildlife 

9 Service entitled ‘Eradication Strategies for Nutria in 

10 the Chesapeake and Delaware Bay Watersheds’, 

11 dated March 2002, or any updates to the document. 

12 ‘‘(n) STUDY ON THE IMPACTS OF THE COMMERCIAL

13 HARVESTING OF MENHADEN ON THE WATER QUALITY

14 OF THE CHESAPEAKE BAY.— 

15 ‘‘(1) DEFINITIONS.—In this subsection: 

16 ‘‘(A) FISHERIES COMMISSION.—The term 

17 ‘Fisheries Commission’ means the Atlantic 

18 States Marine Fisheries Commission established 

19 under the interstate compact consented to and 

20 approved by pursuant to the Act of May 4, 

21 1942 (56 Stat. 267, chapter 283) and the Act 

22 of May 19, 1949 (63 Stat. 70, chapter 238). 

23 ‘‘(B) FISHING.—Except as otherwise pro24 vided, the term ‘fishing’— 

25 ‘‘(i) means— 


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1 ‘‘(I) the commercial catching, 

2 taking, or harvesting of menhaden, 

3 except when incidental to harvesting 

4 that occurs in the course of commer5 cial or recreational fish-catching ac6 tivities directed at a species other 

7 than menhaden; 

8 ‘‘(II) the attempted commercial 

9 catching, taking, or harvesting of 

10 menhaden; or 

11 ‘‘(III) any operation at sea in 

12 support of, or in preparation for, any 

13 activity described in subclause (I) or 

14 (II); and 

15 ‘‘(ii) does not include any scientific re16 search authorized by the Federal Govern17 ment or by any State government. 

18 ‘‘(2) STUDY.—Not later than 5 years after the 

19 date of enactment of the Chesapeake Clean Water 

20 and Ecosystem Restoration Act of 2009, building on 

21 the research underway or conducted under the over22 sight of the National Oceanic and Atmospheric Ad23 ministration, the Administrator, in cooperation and 

24 consultation with the Administrator of the National 

25 Oceanic and Atmospheric Administration and the 


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1 Fisheries Commission, shall conduct and submit to 

2 Congress a study for the purposes of determining— 

3 ‘‘(A) progress toward understanding the 

4 structure of the menhaden population of the At5 lantic Coast of the United States and of the 

6 Chesapeake Bay; 

7 ‘‘(B) the role of the population as filter 

8 feeders, including the role of the population 

9 with respect to impacting water clarity, dis10 solved oxygen levels, and other ecosystem func11 tions; 

12 ‘‘(C) the role of the population as prey spe13 cies for predatory fish in the Chesapeake Bay 

14 and in coastal ecosystems; 

15 ‘‘(D) the impact on the Atlantic coastal 

16 and Chesapeake Bay ecosystems of fishing for 

17 menhaden; 

18 ‘‘(E) the impact on attainment of the 

19 water quality goals of this Act of commercial 

20 fishing for menhaden; and 

21 ‘‘(F) the recommendations of the Adminis22 trator, if any, for future sustainable manage23 ment of such fishing and additional research 

24 needed to fully address the progress, roles, and 

25 impacts described in this paragraph. 


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1 ‘‘(o) EFFECT ON OTHER REQUIREMENTS.— 

2 ‘‘(1) IN GENERAL.—Nothing in this section re3 moves or otherwise affects any other obligation for 

4 a point source to comply with other applicable re5 quirements under this Act. 

6 ‘‘(2) VIOLATIONS BY STATES.—The failure of a 

7 State to submit a watershed implementation plan or 

8 biennial report, or to correct a previously missed 2- 

9 year commitment made in a watershed implementa10 tion plan, by the applicable deadline established 

11 under this section shall— 

12 ‘‘(A) constitute a violation of this Act; and 

13 ‘‘(B) subject the State to— 

14 ‘‘(i) enforcement action by the Admin15 istrator; and 

16 ‘‘(ii) civil actions commenced pursuant 

17 to section 505. 

18 ‘‘(3) FAILURE OF ADMINISTRATOR TO ACT.— 

19 The failure of the Administrator to act under this 

20 section shall subject the Administrator to civil ac21 tions commenced pursuant to section 505. 

22 ‘‘(p) EVALUATION BY THE INSPECTOR GENERAL.— 

23 The Inspector General of the Environmental Protection 

24 Agency shall evaluate the implementation of this section 

25 on a periodic basis of not less than once every 3 years. 


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1 ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— 

2 ‘‘(1) IMPLEMENTATION AND MONITORING

3 GRANTS.— 

4 ‘‘(A) AUTHORIZATION OF APPROPRIA5 TIONS.—In addition to amounts authorized to 

6 be appropriated or otherwise made available to 

7 carry out this section, there are authorized to 

8 be appropriated to the Administrator— 

9 ‘‘(i) to provide implementation grants 

10 under subsection (e)(3)(A), $80,000,000 

11 for each of fiscal years 2010 through 

12 2015, to remain available until expended; 

13 ‘‘(ii) to carry out a freshwater moni14 toring program under subsection (e)(3)(B), 

15 $5,000,000 for each of fiscal years 2010 

16 through 2015; and 

17 ‘‘(iii) to carry out a Chesapeake Bay 

18 and tidal water monitoring program under 

19 subsection (e)(3)(B), $5,000,000 for each 

20 of fiscal years 2010 through 2015. 

21 ‘‘(B) COST-SHARING.—The Federal share 

22 of the cost of a program carried out using 

23 funds from a grant provided— 

24 ‘‘(i) under subparagraph (A)(i) shall 

25 not exceed 50 percent; and 


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1 ‘‘(ii) under clause (ii) or (iii) of sub2 paragraph (A) shall not exceed 80 percent. 

3 ‘‘(2) CHESAPEAKE STEWARDSHIP GRANTS.— 

4 There is authorized to be appropriated to carry out 

5 subsection (h)(2) $15,000,000 for each of fiscal 

6 years 2010 through 2014. 

7 ‘‘(3) STORM WATER POLLUTION PLANNING AND

8 IMPLEMENTATION GRANTS.— 

9 ‘‘(A) AUTHORIZATION OF APPROPRIA10 TIONS.—In addition to amounts authorized or 

11 otherwise made available to carry out this sec12 tion, there are authorized to be appropriated to 

13 the Administrator— 

14 ‘‘(i) to carry out subsection 

15 (k)(8)(B)(i), $10,000,000; and 

16 ‘‘(ii) to carry out subsection 

17 (k)(8)(B)(ii), $1,500,000,000. 

18 ‘‘(B) COST-SHARING.—A grant provided 

19 for a project under— 

20 ‘‘(i) subsection (k)(8)(B)(i) may not 

21 be used to cover more than 80 percent of 

22 the cost of the project; and 

23 ‘‘(ii) subsection (k)(8)(B)(ii) may not 

24 be used to cover more than 75 percent of 

25 the cost of the project. 


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1 ‘‘(4) NUTRIA ERADICATION GRANTS.— 

2 ‘‘(A) IN GENERAL.—There is authorized to 

3 be appropriated to the Secretary of the Interior 

4 to provide financial assistance in the Chesa5 peake Bay watershed under subsection (m) 

6 $4,000,000 for each of fiscal years 2010 

7 through 2015. 

8 ‘‘(B) COST-SHARING.— 

9 ‘‘(i) FEDERAL SHARE.—The Federal 

10 share of the cost of carrying out the pro11 gram under subsection (m) may not exceed 

12 75 percent of the total costs of the pro13 gram. 

14 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The 

15 non-Federal share of the cost of carrying 

16 out the program under subsection (m) may 

17 be provided in the form of in-kind con18 tributions of materials or services. 

19 ‘‘(5) LIMITATION ON ADMINISTRATIVE EX20 PENSES.—Not more than 10 percent of the annual 

21 amount of any grant provided by the Administrator 

22 or Secretary under any program described in para23 graph (1), (2), (3), or (4) may be used for adminis24 trative expenses. 


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1 ‘‘(6) AVAILABILITY.—Amounts authorized to be 

2 appropriated under this subsection shall remain 

3 available until expended.’’. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Chesapeake Clean Water 

6 and Ecosystem Restoration Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

9 (1) the Chesapeake Bay and the tributary waters 

10 of the Chesapeake Basin are natural resources of out11 standing ecological, economic, and cultural impor12 tance to the United States; 

13 (2) for more than 20 years, the Federal Govern14 ment and the States of Maryland, Pennsylvania, and 

15 Virginia, the District of Columbia, the Chesapeake 

16 Bay Commission, and various local government, sci17 entific, and citizen advisory boards have worked 

18 through the Chesapeake Basin Program of the Envi19 ronmental Protection Agency to develop an unparal20 leled body of scientific information and cooperative 

21 partnerships to advance the Chesapeake Bay restora22 tion effort; 

23 (3) pursuant to a memorandum of under24 standing executed among the States of Delaware and 

25 New York in 2000, and the State of West Virginia in 


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1 2002, those States began formal participation in the 

2 Chesapeake Basin Program water quality restoration 

3 effort; 

4 (4) despite significant efforts by Federal, State, 

5 and local governments and other interested parties, 

6 water pollution in the Chesapeake Bay— 

7 (A) prevents the attainment of existing 

8 State water quality standards and the ecological 

9 goals of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1251 et seq.); and 

11 (B) therefore, requires the development and 

12 implementation of a total maximum daily load 

13 under section 303(d) of that Act (33 U.S.C. 

14 1313(d)); 

15 (5) a primary reason for the schedule to develop 

16 a Chesapeake Bay total maximum daily load is the 

17 Virginia total maximum daily load consent decree 

18 dated 1999, which settled the civil action styled Amer19 ican Canoe Ass’n, Inc. v. EPA, Civil No. 98-979-A 

20 (E.D. Va.), under which the Environmental Protec21 tion Agency must establish a Chesapeake Bay total 

22 maximum daily load by not later than May 1, 2011; 

23 (6) the principals’ staff committee of the Chesa24 peake Basin Program, consisting of officials from 

25 each Chesapeake Bay State, the District of Columbia, 


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1 the Chesapeake Bay Commission, and the Environ2 mental Protection Agency, has requested a slightly ac3 celerated schedule, under which the Environmental 

4 Protection Agency should complete a Chesapeake Bay 

5 total maximum daily load by not later than Decem6 ber 31, 2010; 

7 (7) the Chesapeake Bay total maximum daily 

8 load will address all segments of the Chesapeake Bay 

9 and tidal tributaries that are identified on the cur10 rently applicable lists of waters impaired by nitrogen, 

11 phosphorus, and sediment of Chesapeake Bay States 

12 under section 303(d) of the Federal Water Pollution 

13 Control Act (33 U.S.C. 1313(d)); 

14 (8) the Chesapeake Basin Program partnership 

15 has developed a rich body of environmental data 

16 based on an extensive network of monitors, which pro17 vide a critical measure of success in attainment of the 

18 goals of the restoration effort; 

19 (9) the Chesapeake Basin Program partnership 

20 has also developed some of the world’s foremost water 

21 quality and ecosystem computer models, which are in22 valuable planning tools for resource managers; 

23 (10) the major pollutants affecting the water 

24 quality of the Chesapeake Bay and related tidal wa25 ters are nitrogen, phosphorus, and sediment; 


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1 (11) the largest developed land use in the Chesa2 peake Basin, and 1 of the largest single-sector source 

3 of nitrogen, phosphorus, and sediment pollution, is 

4 agriculture; 

5 (12) conservation practices have resulted in sig6 nificant reductions in pollution loads from the agri7 cultural sector; 

8 (13) to speed continued progress in the agricul9 tural sector, the Federal Government and State gov10 ernments have initiated a number of agricultural con11 servation programs, including the Chesapeake Bay 

12 watershed initiative under section 1240Q of the Food 

13 Security Act of 1985 (16 U.S.C. 3839bb–4); 

14 (14) atmospheric deposition of nitrogen oxides 

15 and ammonia on the Chesapeake Basin contributes as 

much as 1 16 ⁄3 of the nitrogen pollution in the Chesa17 peake Bay; 

18 (15) the Clean Air Act (42 U.S.C. 7401 et seq.) 

19 has proven to be an effective tool in reducing a num20 ber of air pollutants, including air pollutants that re21 sult in the deposition of nitrogen in the waters and 

22 landscape of the Chesapeake Basin; 

23 (16) final regulations under the Clean Air Act 

24 (42 U.S.C. 7401 et seq.) relating to stationary, local 

25 area, and mobile sources of air pollution are expected 


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1 to result in continuous reductions in the deposition of 

2 nitrogen in the Chesapeake Basin that improves air 

3 and water quality; 

4 (17) for years, a steady stream of technology de5 velopment, increasingly stringent permit require6 ments, and multibillion dollar investment at waste7 water treatment plants in the Chesapeake Basin 

8 States have resulted in a steady decline in the nitro9 gen and phosphorus pollution derived from waste10 water treatment plants in the Chesapeake Basin; 

11 (18) polluted stormwater runoff from existing 

12 and new suburban and urban development is the only 

13 major source of pollution in the watershed that is in14 creasing; 

15 (19) during the period beginning in 1990 and 

16 ending in 2000, impervious cover, the hardened sur17 faces through which water cannot penetrate, increased 

18 more rapidly than population growth; 

19 (20) during that period, the watershed popu20 lation of the Chesapeake Basin grew by an average of 

21 10 percent; 

22 (21) the population of the watershed is estimated 

23 to be growing by about 157,000 people per year; 

24 (22) continuing at that rate, the population will 

25 increase to nearly 20,000,000 by 2030; 


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1 (23) overall, approximately 58 percent of the wa2 tershed of the Chesapeake Bay is undeveloped and 

3 mostly forested, but as many as 100 hundred acres of 

4 forest are lost to development each day; 

5 (24) States, local governments, developers, and 

6 nonprofit organizations have developed numerous low7 impact development techniques since the late 1990s, 

8 which use natural area protection, infiltration, and 

9 pervious surfaces to reduce stormwater runoff and as10 sociated sediment and nutrient pollution; 

11 (25) urban and suburban redevelopment— 

12 (A) are additional techniques for reducing 

13 stormwater impacts; and 

14 (B) generate less total stormwater runoff 

15 and less runoff per housing unit because those 

16 techniques— 

17 (i) help absorb the demand for new 

18 homes and businesses; 

19 (ii) use less land area; and 

20 (iii) do not displace currently natural, 

21 agricultural, or open space land uses that 

22 act as stormwater filters; 

23 (26) many of those techniques are less expensive 

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1 tional techniques, have greatly reduced the polluted 

2 runoff from new projects; 

3 (27) the decline of key aquatic habitats and spe4 cies has resulted in a loss of the important water 

5 quality benefits that the habitats and species tradi6 tionally provided; 

7 (28) native oysters, the numbers of which have 

8 declined precipitously in the Chesapeake Bay in sig9 nificant part because of diseases brought into the wa10 tershed by nonnative oysters, are natural filters that 

11 once effectively filtered a volume of water equivalent 

12 to that of the entire Chesapeake Bay in a matter of 

13 days; 

14 (29) although less well-understood, menhaden, a 

15 species of fish found in the Chesapeake Bay, also pro16 vide important ecosystem functions; 

17 (30) wetlands and floodplains are vital parts of 

18 the Chesapeake Basin ecosystem, and wetlands in the 

19 headwaters of a watershed, through their water hold20 ing capabilities, can substantially reduce flood peaks 

21 and downstream erosion; 

22 (31) studies have demonstrated that nontidal 

23 wetlands near the Chesapeake Bay removed as much 

24 as 89 percent of the nitrogen and 80 percent of the 


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1 phosphorus that entered the wetlands through upland 

2 runoff, groundwater, and precipitation; 

3 (32) riparian forests remove as much as 90 per4 cent of nitrogen and phosphorus that would otherwise 

5 enter the water; 

6 (33) the loss of forests and wetlands in the 

7 Chesapeake Basin has resulted in diminished water 

8 quality, loss of underwater bay grasses, and a decline 

9 in the quantity of wildlife, fish, and other aquatic 

10 species, among other effects; 

11 (34)(A) the Chesapeake Basin supports more 

12 than 3,600 plant and animal species, including wa13 terfowl, and commercially and recreationally impor14 tant fisheries; and 

15 (B) restoration and protection of those living re16 sources— 

17 (i) is important for ecological health, recre18 ation, and tourism; and 

19 (ii) provides diverse economic benefits for 

20 local communities; 

21 (35)(A) less than 2 percent of the 11,700 miles 

22 of shoreline of the tidal Chesapeake Bay is accessible 

23 to the public; 


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1 (B) with the population of the Chesapeake Basin 

2 increasing and development converting land to roads 

3 and subdivisions, that accessibility is decreasing; 

4 (C) there exists a similar access gap to nontidal 

5 rivers and streams throughout the Chesapeake Basin; 

6 and 

7 (D) it is critical to increase and enhance public 

8 access opportunities for fishing, hunting, boating, and 

9 other recreational pursuits as part of comprehensive 

10 ecosystem restoration efforts; 

11 (36) in certain locations in the Chesapeake 

12 Basin, nutria, a nonnative species, have caused exten13 sive destruction of key wetlands; 

14 (37) activities relating to commercial shipping 

15 and recreational boating can adversely influence 

16 water quality; 

17 (38) the Chesapeake Bay is a multibillion dollar 

18 economic force for the mid-Atlantic region; 

19 (39) the Federal Water Pollution Control Act (33 

20 U.S.C. 1251 et seq.) provides for State leadership in 

21 protecting and restoring United States waters, with 

22 the Environmental Protection Agency providing guid23 ance, technical and financial assistance, and over24 sight; 

25 (40) the Department of Agriculture— 


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1 (A) has developed a rich body of approved 

2 conservation practices for farms and ranchlands; 

3 (B) provides critical technical assistance to 

4 producers; and 

5 (C) continues to play a critical role in sus6 taining the agricultural economy of the nation 

7 while also improving the stewardship of the 

8 lands and waters of the United States; and 

9 (41) in spite of the achievements of the Chesa10 peake Basin Program partnership and increasing 

11 knowledge about ecosystem functions, the restoration 

12 of the Chesapeake Bay will require significantly 

13 stronger tools to manage pollution levels and other 

14 impediments to water quality. 

15 SEC. 3. CHESAPEAKE BASIN PROGRAM. 

16 Section 117 of the Federal Water Pollution Control Act 

17 (33 U.S.C. 1267) is amended to read as follows: 

18 ‘‘SEC. 117. CHESAPEAKE BASIN PROGRAM. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) ADMINISTRATIVE COST.—The term ‘admin21 istrative cost’ means the cost of salaries and fringe 

22 benefits incurred in administering a grant under this 

23 section. 

24 ‘‘(2) ASIAN OYSTER.—The term ‘Asian oyster’ 

25 means the species Crassostrea ariakensis. 


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1 ‘‘(3) BASELINE.—The term ‘baseline’— 

2 ‘‘(A) means the basic standard or level of 

3 the nutrient control requirements a credit seller 

4 shall achieve to be eligible to generate saleable 

5 nutrient credits; and 

6 ‘‘(B) consists of the nutrient load reductions 

7 required of individual sources to meet water 

8 quality standards and load or waste load alloca9 tions under all applicable total maximum daily 

10 loads and watershed implementation plans. 

11 ‘‘(4) BASIN COMMISSIONS.—The term ‘basin 

12 commissions’ means— 

13 ‘‘(A) the Interstate Commission on the Poto14 mac River Basin established under the interstate 

15 compact consented to and approved by Congress 

16 under the Joint Resolution of July 11, 1940 (54 

17 Stat. 748, chapter 579) and Public Law 91–407 

18 (84 Stat. 856); 

19 ‘‘(B) the Susquehanna River Basin Com20 mission established under the interstate compact 

21 consented to and approved by Congress under 

22 Public Law 91–575 (84 Stat. 1509) and Public 

23 Law 99–468 (100 Stat. 1193); and 

24 ‘‘(C) the Chesapeake Bay Commission, a 

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1 land, Virginia, and Pennsylvania created in 

2 1980 to coordinate Bay-related policy across 

3 State lines and to develop shared solutions. 

4 ‘‘(5) CHESAPEAKE BASIN.—The term ‘Chesa5 peake Basin’ means— 

6 ‘‘(A) the Chesapeake Bay; and 

7 ‘‘(B) the area consisting of 19 tributary ba8 sins within the Chesapeake Basin States through 

9 which precipitation drains into the Chesapeake 

10 Bay. 

11 ‘‘(6) CHESAPEAKE BASIN ECOSYSTEM.—The term 

12 ‘Chesapeake Basin ecosystem’ means the ecosystem of 

13 the Chesapeake Basin. 

14 ‘‘(7) CHESAPEAKE BASIN PROGRAM.—The term 

15 ‘Chesapeake Basin Program’ means the program, for16 merly known as the ‘Chesapeake Bay Program’, di17 rected by the Chesapeake Executive Council in accord18 ance with the Chesapeake Bay Agreement (including 

19 any successor programs). 

20 ‘‘(8) CHESAPEAKE BASIN STATE.—The term 

21 ‘Chesapeake Basin State’ means any of— 

22 ‘‘(A) the States of Delaware, Maryland, 

23 New York, Pennsylvania, Virginia, and West 

24 Virginia; or 

25 ‘‘(B) the District of Columbia. 


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1 ‘‘(9) CHESAPEAKE BAY AGREEMENT.—The term 

2 ‘Chesapeake Bay Agreement’ means the formal, vol3 untary agreements executed to achieve the goal of re4 storing and protecting the Chesapeake Basin eco5 system and the living resources of the Chesapeake 

6 Basin ecosystem and signed by the Chesapeake Execu7 tive Council. 

8 ‘‘(10) CHESAPEAKE BAY TIDAL SEGMENT.—The 

9 term ‘Chesapeake Bay tidal segment’ means any of 

10 the 92 tidal segments that— 

11 ‘‘(A) make up the Chesapeake Bay; and 

12 ‘‘(B) are identified by a Chesapeake Basin 

13 State pursuant to section 303(d). 

14 ‘‘(11) CHESAPEAKE BAY TMDL.— 

15 ‘‘(A) IN GENERAL.—The term ‘Chesapeake 

16 Bay TMDL’ means the total maximum daily 

17 load (including any revision) established or ap18 proved by the Administrator for nitrogen, phos19 phorus, and sediment loading to the waters in 

20 the Chesapeake Bay and the Chesapeake Bay 

21 tidal segments. 

22 ‘‘(B) INCLUSIONS.—The term ‘Chesapeake 

23 Bay TMDL’ includes nitrogen, phosphorus, and 

24 sediment allocations in temporal units of great25 er-than-daily duration, if the allocations— 


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1 ‘‘(i) are demonstrated to achieve water 

2 quality standards; and 

3 ‘‘(ii) do not lead to violations of other 

4 applicable water quality standards for local 

5 receiving waters. 

6 ‘‘(12) CHESAPEAKE EXECUTIVE COUNCIL.—The 

7 term ‘Chesapeake Executive Council’ means the sig8 natories to the Chesapeake Bay Agreement. 

9 ‘‘(13) CLEANING AGENT.—The term ‘cleaning 

10 agent’ means a laundry detergent, dishwashing com11 pound, household cleaner, metal cleaner, degreasing 

12 compound, commercial cleaner, industrial cleaner, 

13 phosphate compound, or other substance that is in14 tended to be used for cleaning purposes. 

15 ‘‘(14) CREDIT.—The term ‘credit’ means a unit 

16 provided for 1 pound per year of nitrogen, phos17 phorus, or sediment that is— 

18 ‘‘(A) delivered to the tidal portion of the 

19 Chesapeake Bay; and 

20 ‘‘(B) eligible to be sold under the trading 

21 programs established by this section. 

22 ‘‘(15) DIRECTOR.—The term ‘director’ means the 

23 Director of the Chesapeake Basin Program Office of 

24 the Environmental Protection Agency. 


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1 ‘‘(16) LOCAL GOVERNMENT.—The term ‘local 

2 government’ means any county, city, or other general 

3 purpose political subdivision of a State with jurisdic4 tion over land use. 

5 ‘‘(17) MENHADEN.—The term ‘menhaden’ means 

6 members of stocks or populations of the species 

7 Brevoortia tyrannus. 

8 ‘‘(18) NUTRIA.—The term ‘nutria’ means the 

9 species Myocaster coypus. 

10 ‘‘(19) OFFSET.—The term ‘offset’ means a reduc11 tion of loading of nitrogen, phosphorous, or sediment, 

12 as applicable, in a manner that ensures that the net 

13 loading reaching the Chesapeake Bay and the Chesa14 peake Bay tidal segments from a source— 

15 ‘‘(A) does not increase; or 

16 ‘‘(B) is reduced. 

17 ‘‘(20) SIGNATORY JURISDICTION.—The term ‘sig18 natory jurisdiction’ means a jurisdiction of a signa19 tory to the Chesapeake Bay Agreement. 

20 ‘‘(21) TRIBUTARY BASIN.—The term ‘tributary 

21 basin’ means an area of land or body of water that— 

22 ‘‘(A) drains into any of the 19 Chesapeake 

23 Bay tributaries or tributary segments; and 

24 ‘‘(B) is managed through watershed imple25 mentation plans under this Act. 


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1 ‘‘(b) RENAMING AND CONTINUATION OF CHESAPEAKE

2 BAY PROGRAM.— 

3 ‘‘(1) IN GENERAL.—In cooperation with the 

4 Chesapeake Executive Council (and as a member of 

5 the Council), the Administrator shall— 

6 ‘‘(A) rename the Chesapeake Bay Program, 

7 as in existence on the date of enactment of the 

8 Chesapeake Clean Water and Ecosystem Restora9 tion Act, as the ‘Chesapeake Basin Program’; 

10 and 

11 ‘‘(B) continue to carry out the Chesapeake 

12 Basin Program. 

13 ‘‘(2) MEETINGS.— 

14 ‘‘(A) IN GENERAL.—The Chesapeake Execu15 tive Council shall meet not less frequently than 

16 once each year. 

17 ‘‘(B) OPEN TO PUBLIC.— 

18 ‘‘(i) IN GENERAL.—Subject to clause 

19 (ii), a meeting of the Chesapeake Executive 

20 Council shall be held open to the public. 

21 ‘‘(ii) EXCEPTION.—The Chesapeake 

22 Executive Council may hold executive ses23 sions that are closed to the public. 

24 ‘‘(3) PROGRAM OFFICE.— 


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1 ‘‘(A) IN GENERAL.—The Administrator 

2 shall maintain in the Environmental Protection 

3 Agency a Chesapeake Basin Program Office. 

4 ‘‘(B) FUNCTION.—The Chesapeake Basin 

5 Program Office shall provide support to the 

6 Chesapeake Executive Council by— 

7 ‘‘(i) implementing and coordinating 

8 science, research, modeling, support services, 

9 monitoring, data collection, and other ac10 tivities that support the Chesapeake Basin 

11 Program; 

12 ‘‘(ii) developing and making available, 

13 through publications, technical assistance, 

14 and other appropriate means, information 

15 pertaining to the environmental quality 

16 and living resources of the Chesapeake 

17 Basin ecosystem; 

18 ‘‘(iii) in cooperation with appropriate 

19 Federal, State, and local authorities, assist20 ing the signatories to the Chesapeake Bay 

21 Agreement in developing and implementing 

22 specific action plans to carry out the re23 sponsibilities of the signatories to the Chesa24 peake Bay Agreement; 


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1 ‘‘(iv) coordinating the actions of the 

2 Environmental Protection Agency with the 

3 actions of the appropriate officials of other 

4 Federal agencies and State and local au5 thorities in developing strategies to— 

6 ‘‘(I) improve the water quality 

7 and living resources in the Chesapeake 

8 Basin ecosystem; and 

9 ‘‘(II) obtain the support of the ap10 propriate officials of the agencies and 

11 authorities in achieving the objectives 

12 of the Chesapeake Bay Agreement; and 

13 ‘‘(v) implementing outreach programs 

14 for public information, education, and par15 ticipation to foster stewardship of the re16 sources of the Chesapeake Basin. 

17 ‘‘(c) INTERAGENCY AGREEMENTS.—The Administrator 

18 may enter into an interagency agreement with a Federal 

19 agency to carry out this section. 

20 ‘‘(d) TECHNICAL ASSISTANCE AND ASSISTANCE

21 GRANTS.— 

22 ‘‘(1) IN GENERAL.—In cooperation with the 

23 Chesapeake Executive Council, the Administrator 

24 may provide technical assistance, and assistance 

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1 nizations, State and local governments, basin com2 missions, and institutions of higher education to 

3 carry out this section, subject to such terms and con4 ditions as the Administrator considers appropriate. 

5 ‘‘(2) FEDERAL SHARE.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the Federal share of an assist8 ance grant provided under paragraph (1) shall 

9 be determined by the Administrator in accord10 ance with guidance issued by the Administrator. 

11 ‘‘(B) CHESAPEAKE BASIN STEWARDSHIP

12 GRANTS PROGRAM.—The Federal share of an as13 sistance grant provided under paragraph (1) to 

14 carry out an implementing activity under sub15 section (h)(2) shall not exceed 75 percent of eligi16 ble project costs, as determined by the Adminis17 trator. 

18 ‘‘(3) NON-FEDERAL SHARE.—An assistance grant 

19 under paragraph (1) shall be provided on the condi20 tion that non-Federal sources provide the remainder 

21 of eligible project costs, as determined by the Admin22 istrator. 

23 ‘‘(4) NUTRIENT TRADING GUARANTEE PILOT

24 PROGRAM.—The project manager of the Chesapeake 

25 nutrient trading guarantee program established under 


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1 subsection (e)(1)(D) shall be eligible to receive tech2 nical assistance or technical assistance grants under 

3 this subsection. 

4 ‘‘(e) IMPLEMENTATION, MONITORING, AND CENTERS

5 OF EXCELLENCE GRANTS.— 

6 ‘‘(1) GRANTS.— 

7 ‘‘(A) IMPLEMENTATION GRANTS.—The Ad8 ministrator shall make an implementation grant 

9 to the Chesapeake Basin State, or a designee of 

10 a Chesapeake Basin State (including a soil con11 servation district, nonprofit organization, local 

12 government, institution of higher education, 

13 basin commission, or interstate agency), for the 

14 purposes of implementing an approved water15 shed implementation plan of the Chesapeake 

16 Basin State under subsection (i) and achieving 

17 the goals established under the Chesapeake Bay 

18 Agreement, subject to such terms and conditions 

19 as the Administrator considers to be appropriate. 

20 ‘‘(B) MONITORING GRANTS.—The Adminis21 trator may make a monitoring grant to— 

22 ‘‘(i) a Chesapeake Basin State, des23 ignee of a Chesapeake Basin State, soil con24 servation district, nonprofit organization, 

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1 cation, or basin commission for the purpose 

2 of monitoring the ecosystem of freshwater 

3 tributaries to the Chesapeake Bay; or 

4 ‘‘(ii) any of the States of Delaware, 

5 Maryland, or Virginia (or a designee), the 

6 District of Columbia (or a designee), non7 profit organization, local government, insti8 tution of higher education, or interstate 

9 agency for the purpose of monitoring the 

10 Chesapeake Bay, including the tidal waters 

11 of the Chesapeake Bay. 

12 ‘‘(C) CENTERS OF EXCELLENCE GRANTS.— 

13 The Administrator, in consultation with the Sec14 retary of Agriculture, may make grants to insti15 tutions of higher education, consortia of such in16 stitutions, or public, non-affiliated nonprofit or17 ganizations for the purpose of establishing and 

18 supporting centers of excellence for water quality 

19 and agricultural practices— 

20 ‘‘(i) to develop new technologies and 

21 innovative policies and practices for agri22 cultural producers to reduce nitrogen, phos23 phorous, and sediment pollution; 

24 ‘‘(ii) to quantify the expected load re25 ductions of those pollutants to be achieved 


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1 in the Chesapeake Basin through the imple2 mentation of current and newly developed 

3 technologies, policies, and practices; and 

4 ‘‘(iii) to provide to the Administrator 

5 and the Secretary recommendations for— 

6 ‘‘(I) the widespread deployment of 

7 those technologies, policies, and prac8 tices among agricultural producers; 

9 and 

10 ‘‘(II) the application of those tech11 nologies, policies, and practices in 

12 Chesapeake Basin computer models. 

13 ‘‘(D) CHESAPEAKE NUTRIENT TRADING

14 GUARANTEE PILOT PROGRAM.— 

15 ‘‘(i) IN GENERAL.—The Administrator, 

16 in consultation with the Chesapeake Basin 

17 States and the Secretary of Agriculture, 

18 shall establish a Chesapeake nutrient trad19 ing guarantee pilot program (referred to in 

20 this subparagraph as the ‘guarantee pilot 

21 program’) to support the interstate trading 

22 program established under subsection (j)(6). 

23 ‘‘(ii) PURPOSES.—The purposes of the 

24 guarantee pilot program are— 


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1 ‘‘(I) to develop innovative policies 

2 and practices to more efficiently and 

3 effectively implement best management 

4 practices, primarily on agricultural 

5 land; 

6 ‘‘(II) to leverage public funding to 

7 raise private capital to accelerate the 

8 restoration of the Chesapeake Bay by 

9 providing a Federal guarantee on nu10 trient credit purchases; and 

11 ‘‘(III) to support nutrient trading 

12 throughout the Chesapeake Basin. 

13 ‘‘(iii) PROJECT MANAGER.— 

14 ‘‘(I) IN GENERAL.—The Adminis15 trator shall designate a project man16 ager to carry out the guarantee pilot 

17 program. 

18 ‘‘(II) QUALIFICATIONS.—The 

19 project manager shall be an institution 

20 of higher education, a nonprofit orga21 nization, or a basin commission that— 

22 ‘‘(aa) demonstrates thorough 

23 knowledge and understanding of 

24 best management practices that 


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1 result in nutrient reductions in 

2 the Chesapeake Basin; 

3 ‘‘(bb) demonstrates thorough 

4 knowledge and understanding of 

5 the Chesapeake watershed com6 puter model of the Environmental 

7 Protection Agency; 

8 ‘‘(cc) demonstrates thorough 

9 knowledge and understanding of 

10 the relevant environmental regula11 tions relating to the Chesapeake 

12 Basin; 

13 ‘‘(dd) has a demonstrated 

14 history of discharging fiduciary 

15 responsibilities with transparency 

16 and in accordance with all appli17 cable accounting standards; and 

18 ‘‘(ee) has relevant experience 

19 with pollution offsets and trans20 actions involving pollution offsets. 

21 ‘‘(III) DUTIES.— 

22 ‘‘(aa) IN GENERAL.—The 

23 project manager shall provide 

24 guarantees to purchasers of nutri25 ent credits under the interstate 


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1 trading program established 

2 under subsection (j)(6). 

3 ‘‘(bb) MANAGERIAL DU4 TIES.—In carrying out the guar5 antee pilot program, the project 

6 manager shall— 

7 ‘‘(AA) identify best 

8 management practices that 

9 result in the greatest reduc10 tion in pollution levels; 

11 ‘‘(BB) establish offset 

12 metrics for calculation, 

13 verification, and monitoring 

14 protocols in collaboration 

15 with Federal and State pro16 grams; 

17 ‘‘(CC) manage and over18 see project verification and 

19 monitoring processes; 

20 ‘‘(DD) establish proce21 dures that minimize trans22 action costs and eliminate 

23 unnecessary or duplicative 

24 administrative processes; 


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1 ‘‘(EE) take ownership of 

2 the nutrient reduction offsets 

3 from any private funding 

4 source for an activity carried 

5 out under this subparagraph; 

6 ‘‘(FF) enter into agree7 ments with private funding 

8 sources that enable a private 

9 funding source, at the conclu10 sion of a project, to sell the 

11 verified nutrient reduction 

12 offset to the program man13 ager at an agreed upon 

14 price, or to sell the verified 

15 nutrient reduction offsets; 

16 and 

17 ‘‘(GG) manage the 

18 Chesapeake Nutrient Trading 

19 Guarantee Fund. 

20 ‘‘(iv) CREDIT PURCHASER REQUIRE21 MENTS.—As a condition of receiving a 

22 guarantee under this subparagraph, a pur23 chaser shall comply with— 


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1 ‘‘(I) the regulations promulgated 

2 by the Administrator under subsection 

3 (j)(6); 

4 ‘‘(II) any application procedure 

5 that the Administrator, in consultation 

6 with the project manager, determines 

7 to be necessary; and 

8 ‘‘(III) any other applicable laws 

9 (including regulations). 

10 ‘‘(v) TERMINATION.—The guarantee 

11 pilot program shall terminate on the date 

12 that is 5 years after the date of the estab13 lishment of the interstate trading program 

14 under subsection (j)(6). 

15 ‘‘(vi) REPORTS.— 

16 ‘‘(I) IN GENERAL.—The project 

17 manager shall— 

18 ‘‘(aa) ensure public trans19 parency for all nutrient trading 

20 activities through a publicly 

21 available trading registry; and 

22 ‘‘(bb) submit an annual re23 port to the Administrator, the 

24 Committee on Environment and 

25 Public Works of the Senate, and 


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1 the Committee on Transportation 

2 and Infrastructure of the House of 

3 Representatives. 

4 ‘‘(II) CONTENTS.—A report under 

5 subclause (I)(bb) shall include a de6 scription of— 

7 ‘‘(aa) the activities funded by 

8 the guarantee pilot program; 

9 ‘‘(bb) the nutrient reductions 

10 achieved by each project carried 

11 out under the guarantee pilot pro12 gram; 

13 ‘‘(cc) the efficiency of each 

14 project carried out under the 

15 guarantee pilot program, meas16 ured in pounds of pollution re17 duced per dollar expended; 

18 ‘‘(dd) the total quantity of 

19 nitrogen, phosphorus, and sedi20 ment reduced; and 

21 ‘‘(ee) the total amount of pri22 vate funds leveraged. 

23 ‘‘(E) CHESAPEAKE NUTRIENT TRADING

24 GUARANTEE FUND.— 


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1 ‘‘(i) ESTABLISHMENT OF FUND.—There 

2 is established in the Treasury of the United 

3 States a fund to be known as the ‘Chesa4 peake Nutrient Trading Guarantee Fund’ 

5 (referred to in this subparagraph as the 

6 ‘Fund’), to be administered by the Adminis7 trator, to be available for 5 years after the 

8 date of the establishment of the interstate 

9 trading program under subsection (j)(6) 

10 and subject to appropriation, for the pur11 poses described in subparagraph (D)(ii). 

12 ‘‘(ii) TRANSFERS TO FUND.—The Fund 

13 shall consist of such amounts as are appro14 priated to the Fund under subsection 

15 (p)(2)(v). 

16 ‘‘(iii) PROHIBITION.—Amounts in the 

17 Fund may not be made available for any 

18 purpose other than a purpose described in 

19 clause (i). 

20 ‘‘(iv) TERMINATION.—Subject to clause 

21 (v), the Fund shall terminate on the date 

22 that is 5 years after the date of establish23 ment of the interstate trading program 

24 under subsection (j)(6). 


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1 ‘‘(v) UNOBLIGATED AMOUNTS.—On the 

2 termination of the Fund, the Administrator 

3 shall— 

4 ‘‘(I) require the return of any un5 obligated amounts in the Fund to the 

6 Secretary of the Treasury; or 

7 ‘‘(II) reauthorize the use of the 

8 Fund for the purposes described in 

9 clause (i). 

10 ‘‘(vi) ANNUAL REPORTS.— 

11 ‘‘(I) IN GENERAL.—Not later than 

12 60 days after the end of each fiscal 

13 year beginning with the first fiscal 

14 year after the date of the establishment 

15 of the interstate trading program 

16 under subsection (j)(6), the Adminis17 trator shall submit to the Committee 

18 on Appropriations of the House of 

19 Representatives, the Committee on Ap20 propriations of the Senate, the Com21 mittee on Environment and Public 

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1 tives a report on the operation of the 

2 Fund during the fiscal year. 

3 ‘‘(II) CONTENTS.—Each report 

4 shall include, for the fiscal year covered 

5 by the report, the following: 

6 ‘‘(aa) A statement of the 

7 amounts deposited in the Fund. 

8 ‘‘(bb) A description of the ex9 penditures made from the Fund 

10 for the fiscal year, including the 

11 purpose of the expenditures. 

12 ‘‘(cc) Recommendations for 

13 additional authorities to fulfill the 

14 purpose of the Fund. 

15 ‘‘(dd) A statement of the bal16 ance remaining in the Fund at 

17 the end of the fiscal year. 

18 ‘‘(2) ADMINISTRATION.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (C), in making implementation grants to 

21 each of the Chesapeake Basin States for a fiscal 

22 year under this subsection, the Administrator 

23 shall ensure that not less than— 

24 ‘‘(i) 10 percent of the funds available 

25 to make such grants are made to the States 


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1 of Delaware, New York, and West Virginia 

2 (or designees of those States); and 

3 ‘‘(ii) 20 percent of the funds available 

4 to make such grants are made to States (or 

5 designees of the States) for the sole purpose 

6 of providing technical assistance to agricul7 tural producers and forest owners to access 

8 conservation programs and other resources 

9 devoted to improvements in, and protection 

10 of, water quality in the Chesapeake Bay 

11 and the tributaries of the Chesapeake Bay, 

12 in accordance with subparagraph (B). 

13 ‘‘(B) TECHNICAL ASSISTANCE.—A State (or 

14 designees of a State) may use any soil conserva15 tion district, nonprofit organization, private sec16 tor vendor, or other appropriately qualified pro17 vider to deliver technical assistance to agricul18 tural producers and forest owners under sub19 paragraph (A)(ii). 

20 ‘‘(C) NONAPPLICABILITY TO DC.—This 

21 paragraph shall not apply to any implementa22 tion grant provided to the District of Columbia. 

23 ‘‘(3) PROPOSALS.— 

24 ‘‘(A) IMPLEMENTATION GRANTS.— 


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1 ‘‘(i) IN GENERAL.—A Chesapeake 

2 Basin State described in paragraph (1) 

3 may apply for a grant under this subsection 

4 for a fiscal year by submitting to the Ad5 ministrator a comprehensive proposal to 

6 implement programs and achieve the goals 

7 established under the Chesapeake Bay 

8 Agreement. 

9 ‘‘(ii) IMPLEMENTATION GRANT CON10 TENTS.—A proposal under clause (i) shall 

11 include— 

12 ‘‘(I) a description of the proposed 

13 actions that the Chesapeake Basin 

14 State commits to take within a speci15 fied time period, including 1 or more 

16 of actions that are designed— 

17 ‘‘(aa) to achieve and main18 tain all applicable water quality 

19 standards, including standards 

20 necessary to support the aquatic 

21 living resources of the Chesapeake 

22 Bay and related tributaries and 

23 to protect human health; 

24 ‘‘(bb) to restore, enhance, and 

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1 fowl, and other living resources, 

2 habitats of those species and re3 sources, and ecological relation4 ships to sustain all fisheries and 

5 provide for a balanced ecosystem; 

6 ‘‘(cc) to preserve, protect, and 

7 restore those habitats and natural 

8 areas that are vital to the survival 

9 and diversity of the living re10 sources of the Chesapeake Bay 

11 and associated rivers; 

12 ‘‘(dd) to develop, promote, 

13 and achieve sound land use prac14 tices that protect and restore wa15 tershed resources and water qual16 ity, reduce or maintain reduced 

17 pollutant loadings for the Chesa18 peake Bay and related tributaries, 

19 and restore and preserve aquatic 

20 living resources; 

21 ‘‘(ee) to promote individual 

22 stewardship and assist individ23 uals, community-based organiza24 tions, businesses, local govern25 ments, and schools to undertake 


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1 initiatives to achieve the goals 

2 and commitments of the Chesa3 peake Bay Agreement; or 

4 ‘‘(ff) to provide technical as5 sistance to agricultural producers, 

6 forest owners, and other eligible 

7 entities, through technical infra8 structure, including activities, 

9 processes, tools, and agency func10 tions needed to support delivery of 

11 technical services, such as tech12 nical standards, resource inven13 tories, training, data, technology, 

14 monitoring, and effects analyses; 

15 ‘‘(II) except with respect to any 

16 implementation grant proposal by the 

17 District of Columbia, a commitment to 

18 dedicate not less than 20 percent of the 

19 grant funding for the Chesapeake Bay 

20 under this subsection to support tech21 nical assistance for agricultural and 

22 forest land or nutrient management 

23 practices that protect and restore wa24 tershed resources and water quality, re25 duce or maintain reduced pollutant 


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1 loadings for the Chesapeake Bay and 

2 related tributaries, and restore and 

3 preserve aquatic living resources; and 

4 ‘‘(III) the estimated cost of the ac5 tions proposed to be taken during the 

6 year. 

7 ‘‘(B) MONITORING GRANTS.— 

8 ‘‘(i) IN GENERAL.—An eligible entity 

9 described in paragraph (1)(B) may apply 

10 for a grant under this subsection for a fiscal 

11 year by submitting to the Administrator a 

12 comprehensive proposal to monitor fresh13 water or estuarine ecosystems, including 

14 water quality. 

15 ‘‘(ii) MONITORING GRANT CONTENTS.— 

16 A proposal under this subparagraph shall 

17 include— 

18 ‘‘(I) a description of the proposed 

19 monitoring system; 

20 ‘‘(II) certification by the Chesa21 peake Basin Program Director that 

22 such a monitoring system includes 

23 such parameters as the Chesapeake 

24 Basin Program Director determines to 

25 be necessary to assess progress toward 


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1 achieving the goals of the Chesapeake 

2 Clean Water and Ecosystem Restora3 tion Act; and 

4 ‘‘(III) the estimated cost of the 

5 monitoring proposed to be conducted 

6 during the year. 

7 ‘‘(iii) CONCURRENCES.—The Adminis8 trator shall— 

9 ‘‘(I) obtain the concurrence of the 

10 Director of the United States Geologi11 cal Survey regarding the design and 

12 implementation of the freshwater mon13 itoring systems established under this 

14 subsection; and 

15 ‘‘(II) obtain the concurrence of the 

16 Director of the Chesapeake Bay Office 

17 of the National Oceanic and Atmos18 pheric Administration regarding the 

19 design and implementation of the estu20 arine monitoring systems established 

21 under this subsection. 

22 ‘‘(iv) CONSULTATION.—The Adminis23 trator shall— 

24 ‘‘(I) with regard to the freshwater 

25 monitoring system, consult with the 


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1 basin commissions, institutions with 

2 expertise in clean water and agricul3 tural policy and practices, and the 

4 Chesapeake Basin States regarding the 

5 design and implementation of the mon6 itoring systems established under this 

7 subsection— 

8 ‘‘(aa) giving particular at9 tention through fine scale 

10 instream and infield stream-edge 

11 and groundwater analysis to the 

12 measurement of the water quality 

13 effectiveness of agricultural con14 servation program implementa15 tion, including the Chesapeake 

16 Bay Watershed Initiative under 

17 section 1240Q of the Food Secu18 rity Act of 1985 (16 U.S.C. 

19 3839bb–4); and 

20 ‘‘(bb) analyzing the effective21 ness of stormwater pollution con22 trol and mitigation using green 

23 infrastructure techniques in sub24 watersheds that have high levels of 

25 impervious surfaces; 


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1 ‘‘(II) with regard to the estuarine 

2 monitoring system, consult with insti3 tutions of higher education with exper4 tise in estuarine systems and the 

5 Chesapeake Basin States regarding the 

6 monitoring systems established under 

7 this subsection; 

8 ‘‘(III) consult with the Chesapeake 

9 Basin Program Scientific and Tech10 nical Advisory Committee regarding 

11 independent review of monitoring de12 signs giving particular attention to in13 tegrated freshwater and estuarine mon14 itoring strategies; and 

15 ‘‘(IV) consult with Federal depart16 ments and agencies, including the De17 partment of Agriculture, regarding co18 operation in implementing monitoring 

19 programs. 

20 ‘‘(f) FEDERAL FACILITIES COORDINATION.— 

21 ‘‘(1) SUBWATERSHED PLANNING AND RESTORA22 TION.—A Federal agency that owns or operates a fa23 cility (as defined by the Administrator) within the 

24 Chesapeake Basin shall participate in regional and 

25 subwatershed planning and restoration programs. 


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1 ‘‘(2) COMPLIANCE WITH AGREEMENTS AND

2 PLANS.—The head of each Federal agency that owns 

3 or occupies real property in the Chesapeake Basin 

4 shall ensure that the property, and actions taken by 

5 the agency with respect to the property, comply 

6 with— 

7 ‘‘(A) the Chesapeake Bay Agreement; 

8 ‘‘(B) the Federal Agencies Chesapeake Eco9 system Unified Plan; 

10 ‘‘(C) the Chesapeake Basin action plan de11 veloped in accordance with subparagraph 

12 (g)(1)(A); and 

13 ‘‘(D) any subsequent agreements and plans. 

14 ‘‘(3) FOREST COVER AT FEDERAL FACILITIES.— 

15 Not later than January 1, 2012, the Administrator, 

16 with the advice of the Chief of the Forest Service and 

17 the appropriate Chesapeake Basin State forester, shall 

18 coordinate with the head of each Federal agency that 

19 owns or operates a facility within the Chesapeake 

20 Basin (as determined by the Administrator) to de21 velop plans to maximize forest cover at the facility 

22 through— 

23 ‘‘(A) the preservation of existing forest 

24 cover; or 


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1 ‘‘(B) with respect to a facility that has been 

2 previously disturbed or developed, the develop3 ment of a reforestation plan. 

4 ‘‘(g) FEDERAL ANNUAL ACTION PLAN AND PROGRESS

5 REPORT.—The Administrator, in accordance with Execu6 tive Order 13508 entitled ‘Chesapeake Bay Protection and 

7 Restoration’ and signed on May 12, 2009 (74 Fed. Reg. 

8 23099), shall— 

9 ‘‘(1) make available to the public, not later than 

10 March 31 of each year— 

11 ‘‘(A) a Chesapeake Basin action plan de12 scribing, in the greatest practicable degree of de13 tail, how Federal funding proposed in the an14 nual budget of the United States submitted by 

15 the President to Congress will be used to protect 

16 and restore the Chesapeake Bay during the up17 coming fiscal year; 

18 ‘‘(B) an annual progress report that— 

19 ‘‘(i) assesses the key ecological at20 tributes that reflect the health of the Chesa21 peake Basin ecosystem; 

22 ‘‘(ii) reviews indicators of environ23 mental conditions in the Chesapeake Bay; 


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1 ‘‘(iii) distinguishes between the health 

2 of the Chesapeake Basin ecosystem and the 

3 results of management measures; 

4 ‘‘(iv) assesses implementation of the ac5 tion plan during the preceding fiscal year; 

6 ‘‘(v) recommends steps to improve 

7 progress in restoring and protecting the 

8 Chesapeake Bay and tributaries; and 

9 ‘‘(vi) describes how Federal funding 

10 and actions will be coordinated with the ac11 tions of States, basin commissions, and oth12 ers; and 

13 ‘‘(C) an annual report, detailed at the State 

14 and sector level where applicable, submitted by 

15 the Administrator to the Chesapeake Basin 

16 States and the public on specific recently com17 pleted, pending, or proposed regulations, guid18 ance documents, permitting requirements, en19 forcement actions, and other activities carried 

20 out in accordance with the Executive Order, in21 cluding actions relating to the Chesapeake Bay 

22 TMDL and State watershed implementation 

23 plans. 

24 ‘‘(2) create and maintain, with the concurrence 

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1 wide database containing comprehensive data on im2 plementation of agricultural conservation manage3 ment practices in the Chesapeake Basin that— 

4 ‘‘(A) includes conservation management 

5 practice implementation data, including, to the 

6 maximum extent feasible, all publicly and pri7 vately funded conservation practices, as of the ef8 fective date of the Chesapeake Clean Water and 

9 Ecosystem Restoration Act; 

10 ‘‘(B) includes data on subsequent conserva11 tion management practice implementation 

12 projects funded by, or reported to, the Depart13 ment of Agriculture, the appropriate department 

14 of any Chesapeake Basin State, a local soil and 

15 water conservation district, or any similar insti16 tution; 

17 ‘‘(C) except with respect to data associated 

18 with a permit or recorded in the trading reg19 istry, as provided in subsection (j)(6)(B)(viii), 

20 presents the required data to the Administrator 

21 in statistical or aggregate form without identi22 fying any— 

23 ‘‘(i) individual owner, operator, or 

24 producer; or 

25 ‘‘(ii) specific data gathering site; 


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1 ‘‘(D) is made available to the public not 

2 later than December 31, 2010; and 

3 ‘‘(E) is updated not less frequently than 

4 once every 2 years. 

5 ‘‘(h) CHESAPEAKE BASIN PROGRAM.— 

6 ‘‘(1) MANAGEMENT STRATEGIES.—The Adminis7 trator, in coordination with other members of the 

8 Chesapeake Executive Council, shall ensure that man9 agement plans are developed and implemented by 

10 Chesapeake Basin States to achieve and maintain— 

11 ‘‘(A) for each of the Chesapeake Basin 

12 States— 

13 ‘‘(i) the sediment and nutrient goals of 

14 the Chesapeake Bay Agreement for the 

15 quantity of sediment, nitrogen, and phos16 phorus entering the Chesapeake Bay and the 

17 tidal tributaries of the Chesapeake Bay; and 

18 ‘‘(ii) the water quality requirements 

19 necessary to restore living resources in the 

20 Chesapeake Bay and the tidal tributaries of 

21 the Chesapeake Bay; and 

22 ‘‘(B) for the signatory States— 

23 ‘‘(i) the Chesapeake Bay Basinwide 

24 Toxins Reduction and Prevention Strategy 

25 goal of reducing or eliminating the input of 


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1 chemical contaminants from all controllable 

2 sources to levels that result in no toxic or 

3 bioaccumulative impact on the living re4 sources of the Chesapeake Basin ecosystem 

5 or on human health; 

6 ‘‘(ii) habitat restoration, protection, 

7 creation, and enhancement goals established 

8 by Chesapeake Bay Agreement for wetland, 

9 riparian forests, and other types of habitat 

10 associated with the Chesapeake Basin eco11 system; and 

12 ‘‘(iii) the restoration, protection, cre13 ation, and enhancement goals established by 

14 the Chesapeake Bay Agreement for living 

15 resources associated with the Chesapeake 

16 Basin ecosystem. 

17 ‘‘(2) CHESAPEAKE BASIN STEWARDSHIP GRANTS

18 PROGRAM.—The Administrator, in cooperation with 

19 the Chesapeake Executive Council, shall— 

20 ‘‘(A) establish a Chesapeake Basin Steward21 ship Grants Program; and 

22 ‘‘(B) in carrying out that program— 

23 ‘‘(i) offer technical assistance and as24 sistance grants under subsection (d) to 

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1 ments, soil conservation districts, institu2 tions of higher education, nonprofit organi3 zations, basin commissions, and private en4 tities in the Chesapeake Basin region to im5 plement— 

6 ‘‘(I) cooperative watershed strate7 gies that address the water quality, 

8 habitat, and living resource needs in 

9 the Chesapeake Basin; 

10 ‘‘(II) locally based protection and 

11 restoration programs or projects within 

12 a watershed that complement the State 

13 watershed implementation plans, in14 cluding the creation, restoration, or en15 hancement of habitat associated with 

16 the Chesapeake Basin ecosystem; 

17 ‘‘(III) activities for increased 

18 spawning and other habitat for migra19 tory fish by removing barriers or con20 structing fish passage devices, restoring 

21 streams with high habitat potential for 

22 cold water fisheries such as native 

23 brook trout, or other habitat enhance24 ments for fish and waterfowl; 


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1 ‘‘(IV) activities for increased rec2 reational access to the Chesapeake Bay 

3 and the tidal rivers and freshwater 

4 tributaries of the Chesapeake Bay; and 

5 ‘‘(V) innovative nitrogen, phos6 phorus, or sediment reduction efforts; 

7 and 

8 ‘‘(ii) give preference to cooperative 

9 projects that involve local governments, soil 

10 conservation districts, and sportsmen asso11 ciations, especially cooperative projects that 

12 involve public-private partnerships. 

13 ‘‘(i) ACTIONS BY STATES.— 

14 ‘‘(1) WATERSHED IMPLEMENTATION PLANS.— 

15 ‘‘(A) PLANS.— 

16 ‘‘(i) IN GENERAL.—Not later than No17 vember 1, 2011, each Chesapeake Basin 

18 State, after providing for reasonable notice 

19 and 1 or more public meetings, may submit 

20 to the Administrator for approval a water21 shed implementation plan for the Chesa22 peake Basin State. 

23 ‘‘(ii) TARGETS.—The watershed imple24 mentation plan shall establish reduction 

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1 ing, to levels that will attain water quality 

2 standards, the loads of nitrogen, phos3 phorus, and sediment, including pollution 

4 from— 

5 ‘‘(I) point sources, including 

6 point source stormwater discharges; 

7 and 

8 ‘‘(II) nonpoint sources. 

9 ‘‘(iii) POLLUTION LIMITATIONS.— 

10 ‘‘(I) IN GENERAL.—The pollution 

11 limitations shall be the nitrogen, phos12 phorus, and sediment load and 

13 wasteload allocations sufficient to meet 

14 Chesapeake Bay and Chesapeake Bay 

15 tidal segment water quality standards. 

16 ‘‘(II) STRINGENCY.—A watershed 

17 implementation plan shall be designed 

18 to attain, at a minimum, the pollution 

19 limitations described in subclause (I). 

20 ‘‘(iv) PLAN REQUIREMENTS.—Each 

21 watershed implementation plan shall— 

22 ‘‘(I) include State-adopted man23 agement measures, including rules or 

24 regulations, permits, consent decrees, 

25 and other enforceable or otherwise 


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1 binding measures, to require and 

2 achieve reductions from point and 

3 nonpoint pollution sources; 

4 ‘‘(II) include programs to achieve 

5 voluntary reductions from pollution 

6 sources, including an estimate of the 

7 funding commitments necessary to im8 plement the programs and a plan for 

9 working to secure the funding; 

10 ‘‘(III) include any additional re11 quirements or actions that the Chesa12 peake Basin State determines to be 

13 necessary to attain the pollution limi14 tations by the deadline established in 

15 this paragraph; 

16 ‘‘(IV) provide for enforcement 

17 mechanisms, including a penalty 

18 structure for failures, such as fees or 

19 forfeiture of State funds, including 

20 Federal funds distributed or otherwise 

21 awarded by the State to the extent the 

22 State is authorized to exercise inde23 pendent discretion in amounts of such 

24 distributions or awards, for use in case 

25 a permittee, local jurisdictions, or any 


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1 other party fails to adhere to assigned 

2 pollutant limitations, implementation 

3 schedules, or permit terms; 

4 ‘‘(V) include a schedule for imple5 mentation that— 

6 ‘‘(aa) is divided into 2-year 

7 periods, along with computer 

8 modeling, or other appropriate 

9 analysis, to demonstrate the pro10 jected reductions in nitrogen, 

11 phosphorus, and sediment loads 

12 associated with each 2-year pe13 riod; and 

14 ‘‘(bb) demonstrates reason15 able additional progress toward 

16 achievement of the goals described 

17 in— 

18 ‘‘(AA) subclause 

19 (VIII)(aa); and 

20 ‘‘(BB) clauses (i) and 

21 (ii) of subparagraph (B); 

22 ‘‘(VI) include the stipulation of 

23 alternate actions as contingencies; 

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1 tional loadings from growth through 

2 reserved allocations, offsets, planned fu3 ture controls, implementation of new 

4 technologies, or other actions; 

5 ‘‘(VIII) provide assurances that— 

6 ‘‘(aa) if compared to an esti7 mated 2008 baseline based on 

8 modeled loads, the initial plan 

9 shall be designed to achieve, not 

10 later than May 31, 2017, at least 

11 60 percent of the nutrient and 

12 sediment reduction requirements 

13 described in clause (iii)(I)(bb); 

14 ‘‘(bb) the Chesapeake Basin 

15 State will have adequate per16 sonnel and funding (or a plan to 

17 secure such personnel or funding), 

18 and authority under State (and, 

19 as appropriate, local) law to 

20 carry out the implementation 

21 plan, and is not prohibited by 

22 any provision of Federal or State 

23 law from carrying out the imple24 mentation plan; and 


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1 ‘‘(cc) to the extent that a 

2 Chesapeake Basin State has relied 

3 on a local government for the im4 plementation of any plan provi5 sion, the Chesapeake Basin State 

6 has the responsibility for ensuring 

7 adequate implementation of the 

8 provision; 

9 ‘‘(IX) include adequate provisions 

10 for public participation; and 

11 ‘‘(X) upon the approval of the Ad12 ministrator, be made available to the 

13 public on the Internet. 

14 ‘‘(B) IMPLEMENTATION.— 

15 ‘‘(i) IN GENERAL.—In implementing a 

16 watershed implementation plan, each 

17 Chesapeake Basin State shall follow a strat18 egy developed by the Administrator for the 

19 implementation of adaptive management 

20 principles to ensure full implementation of 

21 all plan elements by not later than May 12, 

22 2025, including— 

23 ‘‘(I) biennial evaluations of State 

24 actions; 


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1 ‘‘(II) progress made toward im2 plementation; 

3 ‘‘(III) determinations of necessary 

4 modifications to future actions in 

5 order to achieve objectives including 

6 achievement of water quality stand7 ards; and 

8 ‘‘(IV) appropriate provisions to 

9 adapt to climate changes. 

10 ‘‘(ii) DEADLINE.—Not later than May 

11 12, 2025, each Chesapeake Basin State 

12 shall— 

13 ‘‘(I) fully implement the water14 shed implementation plan of the State; 

15 and 

16 ‘‘(II) have in place all the mecha17 nisms outlined in the plan that are 

18 necessary to attain the applicable pol19 lutant limitations for nitrogen, phos20 phorus, and sediments. 

21 ‘‘(C) PROGRESS REPORTS.—Not later than 

22 May 12, 2014, and biennially thereafter, each 

23 Chesapeake Basin State shall submit to the Ad24 ministrator a progress report that, with respect 

25 to the 2-year period covered by the report— 


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1 ‘‘(i) includes a listing of all manage2 ment measures that were to be implemented 

3 in accordance with the approved watershed 

4 implementation plan of the Chesapeake 

5 Basin State, including a description of the 

6 extent to which those measures have been 

7 fully implemented; 

8 ‘‘(ii) includes a listing of all the man9 agement measures described in clause (i) 

10 that the Chesapeake Basin State has failed 

11 to fully implement in accordance with the 

12 approved watershed implementation plan of 

13 the Chesapeake Basin State; 

14 ‘‘(iii) includes monitored and collected 

15 water quality data; 

16 ‘‘(iv) includes appropriate computer 

17 modeling data or other appropriate anal18 yses that detail the nitrogen, phosphorus, 

19 and sediment load reductions projected to be 

20 achieved as a result of the implementation 

21 of the management measures and mecha22 nisms carried out by the Chesapeake Basin 

23 State; 

24 ‘‘(v) demonstrates reasonable addi25 tional progress made by the State toward 


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1 achievement of the requirements and dead2 lines described in subparagraph 

3 (A)(iv)(VIII)(aa) and clauses (i) and (ii) of 

4 subparagraph (B); 

5 ‘‘(vi) includes, for the subsequent 2- 

6 year period, implementation goals and 

7 Chesapeake Basin Program computer mod8 eling data detailing the projected pollution 

9 reductions to be achieved if the Chesapeake 

10 Basin State fully implements the subsequent 

11 round of management measures; 

12 ‘‘(vii) identifies compliance informa13 tion, including violations, actions taken by 

14 the Chesapeake Basin State to address the 

15 violations, and dates, if any, on which com16 pliance was achieved; and 

17 ‘‘(viii) specifies any revisions to the 

18 watershed implementation plan submitted 

19 under this paragraph that the Chesapeake 

20 Basin State determines are necessary to at21 tain the applicable pollutant limitations for 

22 nitrogen, phosphorus, and sediments. 

23 ‘‘(2) ISSUANCE OF PERMITS.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

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1 sion or exception contained in a definition under 

2 section 502) and in accordance with State laws 

3 (including regulations), after providing appro4 priate opportunities for public comment, for the 

5 purpose of achieving the nitrogen, phosphorus, 

6 and sediment reductions required under a water7 shed implementation plan, a Chesapeake Basin 

8 State, or, if the State is not authorized to ad9 minister the permit program under section 402, 

10 the Administrator, may impose limitations or 

11 other controls, including permit requirements, on 

12 any discharge or runoff from a pollution source, 

13 including point and nonpoint sources, located 

14 within the Chesapeake Basin State that the pro15 gram administrator determines to be necessary. 

16 ‘‘(B) ENFORCEMENT.—The Chesapeake 

17 Basin States and the Administrator shall enforce 

18 any permits issued in accordance with the wa19 tershed implementation plan in the same man20 ner as permits issued under section 402 are en21 forced. 

22 ‘‘(C) ADDITIONAL ENFORCEMENT STAND23 ARDS.—No Federal enforcement action shall be 

24 brought pursuant to section 309 against an agri25 cultural producer that is in compliance with all 


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1 of the applicable planning and scheduled imple2 mentation requirements of the following, as re3 quired by Federal, State, or other locally-appli4 cable law and consistent with an approved State 

5 watershed implementation plan: 

6 ‘‘(i) State permits issued pursuant to 

7 section 402. 

8 ‘‘(ii) A soil conservation plan approved 

9 by the Federal Government or a State or 

10 local government, soil conservation district, 

11 or other applicable agency. 

12 ‘‘(iii) A government-approved nutrient 

13 management plan. 

14 ‘‘(iv) A State or locally approved ero15 sion and sediment control plan. 

16 ‘‘(v) Any other applicable requirement 

17 described in an approved State watershed 

18 implementation plan. 

19 ‘‘(D) DE MINIMIS EXEMPTIONS.—The Ad20 ministrator (with respect to the District of Co21 lumbia) or a Chesapeake Basin State that is au22 thorized to administer a permit program under 

23 section 402, after consultation with stakeholders 

24 (including wastewater utilities, municipalities, 

25 developers, agricultural producers, institutions of 


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1 higher education, and other interested parties) 

2 shall establish de minimis exemptions for per3 mits issued under this paragraph. 

4 ‘‘(3) STORMWATER PERMITS.— 

5 ‘‘(A) IN GENERAL.—Effective beginning 

6 January 1, 2013, the Chesapeake Basin State 

7 shall provide assurances to the Administrator 

8 that— 

9 ‘‘(i) the owner or operator of any de10 velopment or redevelopment project pos11 sessing an impervious footprint that exceeds 

12 a threshold to be determined by the Admin13 istrator through rulemaking, will use site 

14 planning, design, construction, and mainte15 nance strategies for the property to main16 tain or restore, to the maximum extent tech17 nically feasible, the predevelopment hydrol18 ogy of the property with regard to the tem19 perature, rate, volume, and duration of 

20 flow, using onsite infiltration, 

21 evapotranspiration, and reuse approaches, 

22 if feasible; and 

23 ‘‘(ii) as a further condition of permit24 ting such a development or redevelopment, 

25 the owner or operator of any development or 


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1 redevelopment project possessing an imper2 vious footprint that exceeds a threshold to be 

3 determined by the Administrator through 

4 rulemaking will compensate for any un5 avoidable impacts to the predevelopment hy6 drology of the property with regard to the 

7 temperature, rate, volume, and duration of 

8 flow, such that— 

9 ‘‘(I) the compensation within the 

10 affected subwatershed shall provide in11 kind or out-of-kind mitigation of func12 tion at ratios to be determined by the 

13 Administrator through rulemaking; 

14 ‘‘(II) the compensation outside the 

15 affected subwatershed shall provide in16 kind or out-of-kind mitigation, at ra17 tios to be determined by the Adminis18 trator through rulemaking, within the 

19 tributary watershed in which the 

20 project is located; and 

21 ‘‘(III) if mitigation of unavoid22 able impacts is not feasible, the Ad23 ministrator may approve stringent fee24 in-lieu systems. 

25 ‘‘(B) REGULATIONS.— 


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1 ‘‘(i) IN GENERAL.—Not later than May 

2 12, 2011, the Administrator shall promul3 gate regulations that— 

4 ‘‘(I) define the term 

5 ‘predevelopment hydrology’ for pur6 poses of subparagraph (A); 

7 ‘‘(II) establish the thresholds 

8 under subparagraph (A); 

9 ‘‘(III) establish the compensation 

10 ratios under items (I) and (II) of sub11 paragraph (A)(ii); and 

12 ‘‘(IV) establish the fee-in-lieu sys13 tems under subparagraph (A)(ii)(III). 

14 ‘‘(ii) REQUIREMENT.—In developing 

15 the regulations under clause (i), including 

16 establishing minimum standards for new 

17 development and redevelopment, the Admin18 istrator shall take into consideration, based 

19 on an evaluation of field science and prac20 tice, factors such as— 

21 ‘‘(I) the benefit to— 

22 ‘‘(aa) overall watershed pro23 tection and restoration of redevel24 opment of brownfields or other 


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1 previously developed or disturbed 

2 sites; and 

3 ‘‘(bb) water quality improve4 ment through lot-level stormwater 

5 management. 

6 ‘‘(iii) TREATMENT OF PENDING

7 STORMWATER PERMITS.—In consultation 

8 with the Chesapeake Basin States and in9 terested stakeholders, and taking into con10 sideration any compliance schedules devel11 oped by any Chesapeake Basin State prior 

12 to June 30, 2010, the Administrator shall 

13 develop guidance regarding the treatment of 

14 pending stormwater permits for the Chesa15 peake Basin States. 

16 ‘‘(C) FAILURE TO PROVIDE ASSURANCES.— 

17 If a Chesapeake Basin State that submits a Wa18 tershed Implementation Plan under this sub19 section fails to provide the assurances required 

20 under subparagraph (A), effective beginning on 

21 May 12, 2013, the Administrator may withhold 

22 funds otherwise available to the Chesapeake 

23 Basin State under this Act, in accordance with 

24 subparagraphs (A) and (B) of subsection (j)(5). 

25 ‘‘(4) PHOSPHATE BAN.— 


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1 ‘‘(A) PHOSPHORUS IN CLEANING AGENTS.— 

2 Each Chesapeake Basin State shall provide to 

3 the Administrator, not later than 3 years after 

4 the date of enactment of the Chesapeake Clean 

5 Water and Ecosystem Restoration Act, assur6 ances that within the jurisdiction, except as pro7 vided in subparagraph (B), a person may not 

8 use, sell, manufacture, or distribute for use or 

9 sale any cleaning agent that contains more than 

10 0.0 percent phosphorus by weight, expressed as 

11 elemental phosphorus, except for a quantity not 

12 exceeding 0.5 percent phosphorus that is inci13 dental to the manufacture of the cleaning agent. 

14 ‘‘(B) PROHIBITED QUANTITIES OF PHOS15 PHORUS.—Each Chesapeake Basin State shall 

16 provide to the Administrator, not later than 3 

17 years after the date of enactment of the Chesa18 peake Clean Water and Ecosystem Restoration 

19 Act, assurances that, within the jurisdiction, a 

20 person may use, sell, manufacture, or distribute 

21 for use or sale a cleaning agent that contains 

22 greater than 0.0 percent phosphorus by weight, 

23 but does not exceed 8.7 percent phosphorus by 

24 weight, if the cleaning agent is a substance that 

25 the Administrator, by regulation, excludes from 


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1 the limitation under subparagraph (A), based on 

2 a finding that compliance with that subpara3 graph would— 

4 ‘‘(i) create a significant hardship on 

5 the users of the cleaning agent; or 

6 ‘‘(ii) be unreasonable because of the 

7 lack of an adequate substitute cleaning 

8 agent. 

9 ‘‘(C) FAILURE TO PROVIDE ASSURANCES.— 

10 If a Chesapeake Basin State that submits a Wa11 tershed Implementation Plan under this sub12 section fails to provide the necessary assurances 

13 under subparagraphs (A) and (B) by not later 

14 than 3 years after the date of enactment of the 

15 Chesapeake Clean Water and Ecosystem Restora16 tion Act, the Administrator may withhold funds 

17 otherwise available to the Chesapeake Basin 

18 State under this Act, in accordance with sub19 paragraphs (A) and (B) of subsection (j)(5). 

20 ‘‘(j) ACTION BY ADMINISTRATOR.— 

21 ‘‘(1) IN GENERAL.—Not later than 60 days after 

22 the date of enactment of the Chesapeake Clean Water 

23 and Ecosystem Restoration Act, the Administrator 

24 shall establish any minimum criteria that the Admin25 istrator determines to be necessary that any proposed 


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1 watershed implementation plan must meet before the 

2 Administrator may approve such a plan. 

3 ‘‘(2) COMPLETENESS FINDING.— 

4 ‘‘(A) IN GENERAL.—Not later than 60 days 

5 after the date on which the Administrator re6 ceives a new or revised proposed watershed im7 plementation plan from a Chesapeake Basin 

8 State, the Administrator shall make a complete9 ness determination based on whether the min10 imum criteria for the plan established under 

11 paragraph (1) have been met. 

12 ‘‘(B) EFFECT OF FINDING OF INCOMPLETE13 NESS.—If the Administrator determines under 

14 subparagraph (A) that all or any portion of a 

15 submitted watershed implementation plan does 

16 not meet the minimum completeness criteria es17 tablished under paragraph (1), the Chesapeake 

18 Basin State submitting the plan shall be treated 

19 as not having made the submission. 

20 ‘‘(3) APPROVAL AND DISAPPROVAL.— 

21 ‘‘(A) DEADLINE.—Not later than 90 days 

22 after determining that a watershed implementa23 tion plan meets minimum completeness criteria 

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1 ministrator shall approve or disapprove the 

2 plan. 

3 ‘‘(B) FULL AND PARTIAL APPROVAL AND

4 DISAPPROVAL.—In carrying out this paragraph, 

5 the Administrator shall— 

6 ‘‘(i) approve a watershed implementa7 tion plan if the Administrator determines 

8 that the plan meets all applicable require9 ments under subsection (i)(1); and 

10 ‘‘(ii) approve the plan in part and dis11 approve the plan in part if only a portion 

12 of the watershed implementation plan meets 

13 those requirements. 

14 ‘‘(C) CONDITIONAL APPROVAL.—The Ad15 ministrator shall— 

16 ‘‘(i) conditionally approve the original 

17 or a revised watershed implementation plan 

18 based on a commitment of the Chesapeake 

19 Basin State submitting the plan to adopt 

20 specific enforceable management measures 

21 by not later than 1 year after the date of 

22 approval of the plan revision; but 

23 ‘‘(ii) treat a conditional approval as a 

24 disapproval under this paragraph if the 

25 Chesapeake Basin State fails to comply 


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1 with the commitment of the Chesapeake 

2 Basin State. 

3 ‘‘(D) SCOPE OF REVIEW.—In reviewing wa4 tershed implementation plans for approval or 

5 disapproval, the Administrator shall— 

6 ‘‘(i) limit the scope of the review to the 

7 adequacy of the plan to attain water qual8 ity standards; and 

9 ‘‘(ii) not impose, as a condition of ap10 proval, any additional requirements. 

11 ‘‘(E) FULL APPROVAL REQUIRED.—An 

12 original or revised watershed implementation 

13 plan shall not be treated as meeting the require14 ments of this section until the Administrator ap15 proves the entire original or revised plan. 

16 ‘‘(F) CORRECTIONS.—In any case in which 

17 the Administrator determines that the action of 

18 the Administrator approving, disapproving, or 

19 conditionally approving any original or revised 

20 State watershed implementation plan was in 

21 error, the Administrator shall— 

22 ‘‘(i) in the same manner as the ap23 proval, disapproval, conditional approval, 

24 or promulgation, revise the action of the 

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1 quiring any further submission from the 

2 Chesapeake Basin State; and 

3 ‘‘(ii) make the determination of the 

4 Administrator, and the basis for that deter5 mination, available to the public. 

6 ‘‘(G) EFFECTIVE DATE.—The provisions of 

7 a State watershed implementation plan shall 

8 take effect upon the date of approval of the plan. 

9 ‘‘(4) CALLS FOR PLAN REVISION.—In any case 

10 in which the Administrator determines that watershed 

11 implementation plan for any area is inadequate to 

12 attain or maintain applicable pollution limitations, 

13 the Administrator— 

14 ‘‘(A) shall notify the Chesapeake Basin 

15 State of, and require the Chesapeake Basin State 

16 to revise the plan to correct the inadequacies; 

17 ‘‘(B) may establish reasonable deadlines 

18 (not to exceed 180 days after the date on which 

19 the Administrator provides the notification) for 

20 the submission of a revised watershed implemen21 tation plan; 

22 ‘‘(C) shall make the findings of the Admin23 istrator under paragraph (3) and notice pro24 vided under subparagraph (A) public; 


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1 ‘‘(D) shall require as an element of any re2 vised plan by the Chesapeake Basin State that 

3 the State adhere to the requirements applicable 

4 under the original watershed implementation 

5 plan, except that the Administrator may adjust 

6 any dates (other than attainment dates) applica7 ble under those requirements, as appropriate; 

8 and 

9 ‘‘(E) shall disapprove any revised plan sub10 mitted by a Chesapeake Basin State that fails to 

11 adhere to the requirements described in subpara12 graph (D). 

13 ‘‘(5) FEDERAL IMPLEMENTATION.—If a Chesa14 peake Basin State that has submitted a watershed im15 plementation plan under (1)(A)(i) fails to submit a 

16 required revised watershed implementation plan, sub17 mit a biennial report, correct a previously missed 2- 

18 year commitment made in a watershed implementa19 tion plan, or remedy a disapproval of a watershed 

20 implementation plan, the Administrator shall, by not 

21 later than 30 days after the date of the failure and 

22 after issuing a notice to the State and providing a pe23 riod of not less than 1 year during which the failure 

24 may be corrected— 


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1 ‘‘(A) notwithstanding sections 601(a) and 

2 603(g), reserve up to 75 percent of the amount 

3 of the capitalization grant to the Chesapeake 

4 Basin State for a water pollution control revolv5 ing fund under section 603 for activities that 

6 are— 

7 ‘‘(i) selected by the Administrator; and 

8 ‘‘(ii) consistent with the watershed im9 plementation plans described in subpara10 graphs (B) and (C); 

11 ‘‘(B) withhold all funds otherwise available 

12 to the Chesapeake Basin State (or a designee) 

13 under this Act, except for the funds available 

14 under title VI; 

15 ‘‘(C) develop and administer a watershed 

16 implementation plan for the Chesapeake Basin 

17 State until the Chesapeake Basin State has rem18 edied the plan, reports, or achievements to the 

19 satisfaction of the Administrator; 

20 ‘‘(D) in addition to requiring compliance 

21 with all other statutory and regulatory require22 ments, require that all permits issued under sec23 tion 402 for new or expanding discharges of ni24 trogen, phosphorus, or sediment shall acquire off25 sets that exceed, by a ratio to be determined by 


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1 the Administrator through rulemaking, the quan2 tities of nitrogen, phosphorus, or sediment that 

3 would be discharged under the permit, taking 

4 into account attenuation, equivalency, and un5 certainty; and 

6 ‘‘(E) for the purposes of developing and im7 plementing a watershed implementation plan 

8 under subparagraph (C)— 

9 ‘‘(i) continue all applicable require10 ments for nonpoint sources included as part 

11 of the most recently approved watershed im12 plementation plan of the Chesapeake Basin 

13 State; 

14 ‘‘(ii) issue such permits to point 

15 sources as the Administrator determines to 

16 be necessary to control pollution sufficient 

17 to meet the pollution reductions required to 

18 meet applicable water quality standards; 

19 ‘‘(iii) enforce such nonpoint source re20 quirements in the same manner and with 

21 the same stringency as required under most 

22 recently approved watershed implementa23 tion plan of the Chesapeake Basin State; 

24 and 


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1 ‘‘(iv) enforce such point source permits 

2 in the same manner as other permits issued 

3 under section 402 are enforced. 

4 ‘‘(6) NITROGEN, PHOSPHORUS, AND SEDIMENT

5 TRADING PROGRAMS.— 

6 ‘‘(A) ESTABLISHMENT.—Not later than 

7 May 12, 2012, the Administrator, in cooperation 

8 with each Chesapeake Basin State, shall estab9 lish, by regulation, an interstate nitrogen and 

10 phosphorus trading program for the Chesapeake 

11 Basin for the generation, trading, and use of ni12 trogen and phosphorus credits to facilitate the 

13 attainment and maintenance of water quality 

14 standards in the Chesapeake Bay and the Chesa15 peake Bay tidal segments. 

16 ‘‘(B) TRADING SYSTEM.—The trading pro17 gram established under this subsection shall, at 

18 a minimum— 

19 ‘‘(i) define and standardize nitrogen 

20 and phosphorus credits and establish proce21 dures or standards for ensuring equivalent 

22 water quality benefits for all credits; 

23 ‘‘(ii) establish procedures or standards 

24 for certifying, verifying, and enforcing ni25 trogen and phosphorus credits to ensure 


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1 that credit-generating practices from both 

2 point sources and nonpoint sources are 

3 achieving actual reductions in nitrogen and 

4 phosphorus, including provisions for allow5 ing the use of third parties to verify and 

6 certify credits sold within and across State 

7 lines; 

8 ‘‘(iii) establish procedures or standards 

9 for generating, quantifying, trading, and 

10 applying credits to meet regulatory require11 ments and allow for trading to occur be12 tween and across point source or nonpoint 

13 sources, including a requirement that pur14 chasers of credits that propose to satisfy all 

15 or part of the obligation to reduce nitrogen 

16 and phosphorus through the use of credits 

17 shall compensate, through further limita18 tions on the discharges of the purchaser or 

19 through a new trade, for any deficiency in 

20 those reductions that results from the failure 

21 of a credit seller to carry out any activity 

22 that was to generate the credits; 

23 ‘‘(iv) establish baseline requirements 

24 that a credit seller shall meet before becom25 ing eligible to generate saleable credits, 


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1 which shall be at least as stringent as appli2 cable water quality standards, total max3 imum daily loads (including applicable 

4 wasteload and load allocations), and water5 shed implementation plans; 

6 ‘‘(v) ensure that credits and trade re7 quirements are incorporated, directly or by 

8 reference, into enforceable permit require9 ments under the national pollutant dis10 charge elimination system established under 

11 section 402 or the system of the applicable 

12 State permitting authority for all credit 

13 purchasers covered by the permits; 

14 ‘‘(vi) ensure that private contracts be15 tween credit buyers and credit sellers con16 tain adequate provisions to ensure enforce17 ability under applicable law; 

18 ‘‘(vii) establish procedures or standards 

19 to ensure public transparency for all nutri20 ent trading activities, including the estab21 lishment of a publicly available trading reg22 istry, which shall include— 

23 ‘‘(I) the information used in the 

24 certification and verification process; 

25 and 


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1 ‘‘(II) recorded trading trans2 actions (such as the establishment, sale, 

3 amounts, and use of credits); 

4 ‘‘(viii) in addition to requiring com5 pliance with all other statutory and regu6 latory requirements, ensure that, in any 

7 case in which a segment of the Chesapeake 

8 Basin is impaired with respect to the nutri9 ent being traded and a total maximum 

10 daily load for that segment has not yet been 

11 implemented for the impairment— 

12 ‘‘(I) trades are required to result 

13 in progress toward or the attainment 

14 of water quality standards in that seg15 ment; and 

16 ‘‘(II) sources in that segment may 

17 not rely on credits produced outside of 

18 the segment; 

19 ‘‘(ix) require that the application of 

20 credits to meet regulatory requirements 

21 under this section not cause or contribute to 

22 exceedances of water quality standards, 

23 total maximum daily loads, or wasteload or 

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1 ters, including avoidance of localized im2 pacts; 

3 ‘‘(x) except as part of a consent agree4 ment, consent judgment, or enforcement 

5 order, prohibit the purchase of credits from 

6 any entity that is in significant noncompli7 ance with an enforceable permit issued 

8 under section 402; 

9 ‘‘(xi) consider and incorporate, to the 

10 extent consistent with the minimum re11 quirements of this Act, as determined by the 

12 Administrator, in consultation with the 

13 Secretary of Agriculture, elements of State 

14 trading programs in existence on the date of 

15 enactment of the Chesapeake Clean Water 

16 and Ecosystem Restoration Act; 

17 ‘‘(xii) allow for, as appropriate, the 

18 aggregation and banking of credits by third 

19 parties; and 

20 ‘‘(xiii) provide for appropriate tem21 poral consistency between the time period 

22 during which the credit is generated and the 

23 time period during which the credit is used. 

24 ‘‘(C) FACILITATION OF TRADING.—In order 

25 to attract market participants and facilitate the 


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1 cost-effective achievement of water-quality goals, 

2 the Administrator, in consultation with the Sec3 retary of Agriculture, shall ensure that the trad4 ing program established under this paragraph— 

5 ‘‘(i) includes measures to mitigate 

6 credit buyer risk; 

7 ‘‘(ii) makes use of the best available 

8 science in order to minimize uncertainty 

9 and related transaction costs to traders by 

10 supporting research and other activities 

11 that increase the scientific understanding of 

12 nonpoint nutrient pollutant loading and the 

13 ability of various structural and non14 structural alternatives to reduce the loads; 

15 ‘‘(iii) eliminates unnecessary or dupli16 cative administrative processes; and 

17 ‘‘(iv) incorporates a permitting ap18 proach under the national pollutant dis19 charge elimination system established under 

20 section 402 that— 

21 ‘‘(I) allows trading to occur with22 out requiring the reopening or 

23 reissuance of the base permits to incor24 porate individual trades; and 


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1 ‘‘(II) incorporates any such 

2 trades, directly through a permit 

3 amendment or addendum, or indirectly 

4 by any appropriate mechanism, as en5 forceable terms of those permits on ap6 proval of the credit purchase by the 

7 permitting authority, in accordance 

8 with the requirements of the Chesa9 peake Basin Program, this Act, and 

10 regulations promulgated pursuant to 

11 this Act. 

12 ‘‘(D) SEDIMENT TRADING.— 

13 ‘‘(i) IN GENERAL.—Not later than 180 

14 days after the date of enactment of the 

15 Chesapeake Clean Water and Ecosystem 

16 Restoration Act, the Administrator, in con17 sultation with the Secretary of Agriculture, 

18 shall convene a task force, to be composed of 

19 representatives from the Chesapeake Basin 

20 States and public and private entities— 

21 ‘‘(I) to identify any scientific, 

22 technical, or other issues that would 

23 hinder the rapid deployment of an 

24 interstate sediment trading program; 

25 and 


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1 ‘‘(II) to provide to the Adminis2 trator recommendations to overcome 

3 any of the obstacles to rapid deploy4 ment of such a trading system. 

5 ‘‘(ii) INTERSTATE SEDIMENT TRADING

6 PROGRAM.— 

7 ‘‘(I) ESTABLISHMENT.—Based on 

8 the recommendations of the task force 

9 established under clause (i), the Ad10 ministrator, in cooperation with each 

11 Chesapeake Basin State, shall establish 

12 an interstate sediment trading pro13 gram for the Chesapeake Basin for the 

14 generation, trading, and use of sedi15 ment credits to facilitate the attain16 ment and maintenance water quality 

17 standards in the Chesapeake Bay and 

18 the Chesapeake Bay tidal segments. 

19 ‘‘(II) REQUIREMENT.—The inter20 state sediment trading program estab21 lished under subclause (I) shall in22 clude, at a minimum, definitions, pro23 cedures, standards, requirements, as24 surances, allowances, prohibitions, and 

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1 state nitrogen and phosphorus trading 

2 program established under subpara3 graph (A). 

4 ‘‘(III) DEADLINE.—Upon a find5 ing of the Administrator, based on the 

6 recommendation of the task force estab7 lished under clause (i), that such a 

8 sediment trading program would sub9 stantially advance the achievement of 

10 Bay water quality objectives and 

11 would be feasible, the interstate trading 

12 program under this clause shall be es13 tablished by the later of— 

14 ‘‘(aa) May 12, 2014; and 

15 ‘‘(bb) the date on which each 

16 issue described in clause (i) can be 

17 feasibly overcome. 

18 ‘‘(E) EVALUATION OF TRADING.— 

19 ‘‘(i) REPORTS.—Not less frequently 

20 than once every 5 years after the date of es21 tablishment of the interstate nitrogen and 

22 phosphorus trading program under this 

23 paragraph, the Administrator shall submit 

24 to Congress a report describing the results of 

25 the program with respect to enforceability, 


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1 transparency, achievement of water quality 

2 results, and whether the program has re3 sulted in any localized water pollution 

4 problem. 

5 ‘‘(ii) IMPROVEMENTS.—Based on the 

6 reports under clause (i), the Administrator 

7 shall make improvements to the trading 

8 program under this paragraph to ensure 

9 achievement of the environmental and pro10 grammatic objectives of the program. 

11 ‘‘(F) EFFECT ON OTHER TRADING SYS12 TEMS.—Nothing in this paragraph affects the 

13 ability of a State to establish or implement an 

14 applicable intrastate trading program. 

15 ‘‘(7) AUTHORITY RELATING TO DEVELOPMENT.— 

16 The Administrator shall— 

17 ‘‘(A) establish, for projects resulting in im18 pervious development, guidance relating to site 

19 planning, design, construction, and maintenance 

20 strategies to ensure that the land maintains 

21 predevelopment hydrology with regard to the 

22 temperature, rate, volume, and duration of flow; 

23 ‘‘(B) compile a database of best manage24 ment practices, model stormwater ordinances, 

25 and guidelines with respect to the construction of 


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1 low-impact development infrastructure and non2 structural low-impact development techniques for 

3 use by States, local governments, and private en4 tities; and 

5 ‘‘(C) not later than 180 days after promul6 gation of the regulations under subsection 

7 (i)(3)(B), issue guidance, model ordinances, and 

8 guidelines to carry out this paragraph. 

9 ‘‘(8) ASSISTANCE WITH RESPECT TO

10 STORMWATER DISCHARGES.— 

11 ‘‘(A) GRANT PROGRAM.—The Administrator 

12 may provide grants to any local government 

13 within the Chesapeake Basin that adopts the 

14 guidance, best management practices, ordi15 nances, and guidelines issued and compiled 

16 under paragraph (7). 

17 ‘‘(B) USE OF FUNDS.—A grant provided 

18 under subparagraph (A) may be used by a local 

19 government to pay costs associated with— 

20 ‘‘(i) developing, implementing, and en21 forcing the guidance, best management 

22 practices, ordinances, and guidelines issued 

23 and compiled under paragraph (7); and 


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1 ‘‘(ii) implementing projects designed to 

2 reduce or beneficially reuse stormwater dis3 charges. 

4 ‘‘(9) CONSUMER AND COMMERCIAL PRODUCT RE5 PORT.—Not later than 3 years after the date of enact6 ment of the Chesapeake Clean Water and Ecosystem 

7 Restoration Act, the Administrator, in consultation 

8 with the Chesapeake Executive Council, shall— 

9 ‘‘(A) review consumer and commercial 

10 products (such as lawn fertilizer), the use of 

11 which may affect the water quality of the Chesa12 peake Basin or associated tributaries, to deter13 mine whether further product nutrient content 

14 restrictions are necessary to restore or maintain 

15 water quality in the Chesapeake Basin and those 

16 tributaries; and 

17 ‘‘(B) submit to the Committees on Appro18 priations, Environment and Public Works, and 

19 Commerce, Science, and Transportation of the 

20 Senate and the Committees on Appropriations, 

21 Natural Resources, Energy and Commerce, and 

22 Transportation and Infrastructure of the House 

23 of Representatives a product nutrient report de24 tailing the findings of the review under subpara25 graph (A). 


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1 ‘‘(10) AGRICULTURAL ANIMAL WASTE-TO-BIO2 ENERGY DEPLOYMENT PROGRAM.— 

3 ‘‘(A) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) AGRICULTURAL ANIMAL WASTE.— 

5 The term ‘agricultural animal waste’ means 

6 manure from livestock, poultry, or aqua7 culture. 

8 ‘‘(ii) ELIGIBLE TECHNOLOGY.—The 

9 term ‘eligible technology’ means a tech10 nology that converts or proposes to convert 

11 agricultural animal waste into— 

12 ‘‘(I) heat; 

13 ‘‘(II) power; or 

14 ‘‘(III) biofuels. 

15 ‘‘(B) GRANT PROGRAM.—The Adminis16 trator, in coordination with the Secretary of Ag17 riculture, may provide grants to any person or 

18 partnership of persons for the purpose of car19 rying out projects to deploy an eligible tech20 nology in agricultural animal waste-to-bioenergy 

21 treatment that has significant potential to reduce 

22 agricultural animal waste volume, recover nutri23 ents, improve water quality, decrease pollution 

24 potential, and recover energy. 

25 ‘‘(C) PROJECT SELECTION.— 


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1 ‘‘(i) IN GENERAL.—In selecting appli2 cants for grants under this paragraph, the 

3 Administrator shall select projects that— 

4 ‘‘(I) reduce— 

5 ‘‘(aa) impacts of agricultural 

6 animal waste on surface and 

7 groundwater quality; 

8 ‘‘(bb) emissions to the ambi9 ent air; and 

10 ‘‘(cc) the release of pathogens 

11 and other contaminants to the en12 vironment; and 

13 ‘‘(II) quantify— 

14 ‘‘(aa) the degree of waste sta15 bilization to be realized by the 

16 project; and 

17 ‘‘(bb) nutrient reduction 

18 credits that could contribute to the 

19 nitrogen and phosphorus trading 

20 program for the Chesapeake Basin 

21 under this subsection. 

22 ‘‘(ii) PRIORITIZATION.—The Adminis23 trator shall prioritize projects based on— 

24 ‘‘(I) the level of nutrient reduction 

25 achieved; 


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1 ‘‘(II) geographic diversity among 

2 the Chesapeake Basin States; and 

3 ‘‘(III) differing types of agricul4 tural animal waste. 

5 ‘‘(D) FEDERAL SHARE.—The amount of a 

6 grant awarded under this paragraph shall not 

7 exceed 50 percent of the cost of the project to be 

8 carried out using funds from the grant. 

9 ‘‘(k) PROHIBITION ON INTRODUCTION OF ASIAN OYS10 TERS.—Not later than 2 years after the date of enactment 

11 of the Chesapeake Clean Water and Ecosystem Restoration 

12 Act, the Administrator shall promulgate regulations— 

13 ‘‘(1) to designate the Asian oyster as a ‘biological 

14 pollutant’ in the Chesapeake Bay and tidal waters 

15 pursuant to section 502; 

16 ‘‘(2) to prohibit the issuance of permits under 

17 sections 402 and 404 for the discharge of the Asian 

18 oyster into the Chesapeake Bay and Chesapeake Bay 

19 tidal segments; and 

20 ‘‘(3) to specify conditions under which scientific 

21 research on Asian oysters may be conducted within 

22 the Chesapeake Bay and Chesapeake Bay tidal seg23 ments. 

24 ‘‘(l) CHESAPEAKE NUTRIA ERADICATION PROGRAM.— 


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1 ‘‘(1) GRANT AUTHORITY.—Subject to the avail2 ability of appropriations, the Secretary of the Interior 

3 (referred to in this subsection as the ‘Secretary’), may 

4 provide financial assistance to the States of Delaware, 

5 Maryland, and Virginia to carry out a program to 

6 implement measures— 

7 ‘‘(A) to eradicate or control nutria; and 

8 ‘‘(B) to restore marshland damaged by nu9 tria. 

10 ‘‘(2) GOALS.—The continuing goals of the pro11 gram shall be— 

12 ‘‘(A) to eradicate nutria in the Chesapeake 

13 Basin ecosystem; and 

14 ‘‘(B) to restore marshland damaged by nu15 tria. 

16 ‘‘(3) ACTIVITIES.—In the States of Delaware, 

17 Maryland, and Virginia, the Secretary shall require 

18 that the program under this subsection consist of 

19 management, research, and public education activities 

20 carried out in accordance with the document pub21 lished by the United States Fish and Wildlife Service 

22 entitled ‘Eradication Strategies for Nutria in the 

23 Chesapeake and Delaware Bay Watersheds’, dated 

24 March 2002, or any updates to the document. 


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1 ‘‘(m) REVIEW OF STUDIES ON THE IMPACTS OF MEN2 HADEN ON THE WATER QUALITY OF THE CHESAPEAKE

3 BAY.— 

4 ‘‘(1) RESEARCH REVIEW.—The Administrator, 

5 in cooperation and consultation with the Adminis6 trator of the National Oceanic and Atmospheric Ad7 ministration, shall— 

8 ‘‘(A) prepare a report that reviews and 

9 summarizes existing, peer reviewed research re10 lating to the impacts of menhaden on water 

11 quality, including the role of menhaden as filter 

12 feeders and the impacts on dissolved oxygen lev13 els, nutrient levels, phytoplankton, zooplankton, 

14 detritus, and similar issues by menhaden at var15 ious life stages; 

16 ‘‘(B) identify important data gaps or addi17 tional menhaden population studies, if any, re18 lating to the impacts of the menhaden popu19 lation on water quality; and 

20 ‘‘(C) provide any recommendations for ad21 ditional research or study. 

22 ‘‘(2) REPORT AND RECOMMENDATIONS.—Not 

23 later than 5 years after the date of enactment of the 

24 Chesapeake Clean Water and Ecosystem Restoration 


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1 Act, the Administrator shall submit the report and 

2 recommendations required in paragraph (1) to— 

3 ‘‘(A) the Committee on Commerce, Science, 

4 and Transportation and the Committee on Envi5 ronment and Public Works Committee of the 

6 Senate; and 

7 ‘‘(B) the Committee on Natural Resources 

8 and the Committee on Transportation and Infra9 structure Committee of the House of Representa10 tives. 

11 ‘‘(n) EFFECT ON OTHER REQUIREMENTS.— 

12 ‘‘(1) IN GENERAL.—Nothing in this section re13 moves or otherwise affects any other obligation for a 

14 point source to comply with other applicable require15 ments under this Act. 

16 ‘‘(2) VIOLATIONS BY STATES.— 

17 ‘‘(A) ENFORCEMENT ACTION BY ADMINIS18 TRATOR.—The failure of a Chesapeake Basin 

19 State that submits a watershed implementation 

20 plan under subsection (i) to submit a biennial 

21 report, meet or correct a previously missed 2- 

22 year commitment made in a watershed imple23 mentation plan, or implement a watershed im24 plementation plan or permit program under this 

25 section shall— 


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1 ‘‘(i) constitute a violation of this Act; 

2 and 

3 ‘‘(ii) subject the State to an enforce4 ment action by the Administrator. 

5 ‘‘(B) ENFORCEMENT ACTION BY CITI6 ZENS.— 

7 ‘‘(i) IN GENERAL.—The failure of a 

8 Chesapeake Basin State that submits a wa9 tershed implementation plan under sub10 section (i) to meet or correct a previously 

11 missed 2-year commitment made in a wa12 tershed implementation plan or implement 

13 a watershed implementation plan or permit 

14 program under this section shall subject the 

15 appropriate State officer to a civil action 

16 seeking injunctive relief commenced by a 

17 citizen on behalf of the citizen. 

18 ‘‘(ii) JURISDICTION, VENUE, NOTICE, 

19 AND LITIGATION COSTS.— 

20 ‘‘(I) IN GENERAL.—A citizen may 

21 commence a civil action on behalf of 

22 the citizen against a State under 

23 clause (i), subject to the requirements 

24 for notice, venue, and intervention de25 scribed in subsections (b) and (c) of 


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1 section 505 for a suit brought under 

2 section 505(a)(1)(A). 

3 ‘‘(II) JURISDICTION.—Jurisdic4 tion over a suit brought under sub5 clause (I) shall be the district courts, 

6 as described in section 505(a). 

7 ‘‘(III) LITIGATION COSTS.—The 

8 court may award litigation costs for 

9 suit brought under subclause (I), as de10 scribed in section 505(d). 

11 ‘‘(iii) SAVINGS CLAUSE.—Nothing in 

12 this subsection affects the ability of a citizen 

13 to bring an action for civil enforcement on 

14 behalf of the citizen under section 505. 

15 ‘‘(o) EVALUATIONS.— 

16 ‘‘(1) IN GENERAL.—The Inspectors General of the 

17 Environmental Protection Agency and the Depart18 ment of Agriculture shall jointly evaluate and submit 

19 to Congress reports describing the implementation of 

20 this section not less frequently than once every 3 

21 years. 

22 ‘‘(2) INDEPENDENT REVIEWS.— 

23 ‘‘(A) IN GENERAL.—The Administrator 

24 shall enter into a contract with the National 

25 Academy of Sciences or the National Academy of 


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1 Public Administration under which the Academy 

2 shall conduct 2 reviews of the Chesapeake Basin 

3 restoration efforts under this section. 

4 ‘‘(B) INCLUSIONS.—Each review under sub5 paragraph (A) shall include an assessment of— 

6 ‘‘(i) progress made toward meeting the 

7 goals of this section; 

8 ‘‘(ii) efforts by Federal, State, and 

9 local governments and the private sector in 

10 implementing this section; 

11 ‘‘(iii) the methodologies (including 

12 computer modeling) and data (including 

13 monitoring data) used to support the imple14 mentation of this section; and 

15 ‘‘(iv) the economic impacts, includ16 ing— 

17 ‘‘(I) a comprehensive analysis of 

18 the costs of compliance; 

19 ‘‘(II) the benefits of restoration; 

20 ‘‘(III) the value of economic losses 

21 avoided; and 

22 ‘‘(IV) a regional analysis of items 

23 (I) through (III), by Chesapeake Basin 

24 State and by sector, to the maximum 

25 extent practicable. 


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1 ‘‘(C) REPORTS.—The National Academy of 

2 Sciences or the National Academy of Public Ad3 ministration shall submit to the Administrator a 

4 report describing the results of the reviews under 

5 this paragraph, together with recommendations 

6 regarding the reviews (including any rec7 ommendations with respect to efforts of the Envi8 ronmental Protection Agency or any other Fed9 eral or State agency required to implement ap10 plicable water quality standards in the Chesa11 peake Basin and achieve those standards in the 

12 Chesapeake Bay and Chesapeake Bay tidal seg13 ments), if any, by not later than— 

14 ‘‘(i) May 12, 2015, with respect to the 

15 first review required under this paragraph; 

16 and 

17 ‘‘(ii) May 12, 2020, with respect to the 

18 second review required under this para19 graph. 

20 ‘‘(p) AUTHORIZATION OF APPROPRIATIONS.— 

21 ‘‘(1) CHESAPEAKE BASIN PROGRAM OFFICE.— 

22 There is authorized to be appropriated to the Chesa23 peake Basin Program Office to carry out subsection 

24 (b)(2) $20,000,000 for each of fiscal years 2010 

25 through 2015. 


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1 ‘‘(2) IMPLEMENTATION, MONITORING, AND CEN2 TERS OF EXCELLENCE GRANTS.— 

3 ‘‘(A) AUTHORIZATION OF APPROPRIA4 TIONS.—In addition to amounts authorized to be 

5 appropriated or otherwise made available to 

6 carry out this section, there are authorized to be 

7 appropriated to the Administrator— 

8 ‘‘(i) to carry out a program to estab9 lish and support centers of excellence for 

10 water quality and agricultural policies and 

11 practices under subsection (e)(1)(C), 

12 $10,000,000 for each of fiscal years 2010 

13 through 2015; 

14 ‘‘(ii) to provide implementation grants 

15 under subsection (e)(3)(A), $80,000,000 for 

16 each of fiscal years 2010 through 2015, to 

17 remain available until expended; 

18 ‘‘(iii) to carry out a freshwater moni19 toring program under subsection (e)(3)(B), 

20 $5,000,000 for each of fiscal years 2010 

21 through 2015; 

22 ‘‘(iv) to carry out a Chesapeake Bay 

23 and tidal water monitoring program under 

24 subsection (e)(3)(B), $5,000,000 for each of 

25 fiscal years 2010 through 2015; and 


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1 ‘‘(v) to carry out the Chesapeake nutri2 ent trading guarantee pilot program under 

3 subsection (e)(1)(D), $20,000,000 for the pe4 riod of fiscal years 2010 through 2015. 

5 ‘‘(B) COST SHARING.—The Federal share of 

6 the cost of a program carried out using funds 

7 from a grant provided— 

8 ‘‘(i) under subparagraph (A)(ii) shall 

9 not exceed— 

10 ‘‘(I) 80 percent, with respect to 

11 funds provided for the provision of 

12 technical assistance to agricultural 

13 producers and forest owners; and 

14 ‘‘(II) with respect to all other ac15 tivities under that subparagraph— 

16 ‘‘(aa) for the States of Dela17 ware, New York, and West Vir18 ginia, shall not exceed 75 percent; 

19 and 

20 ‘‘(bb) for the States of Mary21 land, Pennsylvania, and Virginia 

22 and for the District of Columbia, 

23 shall not exceed 50 percent; and 


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1 ‘‘(ii) under clauses (i), (iii), or (iv) of 

2 subparagraph (A) shall not exceed 80 per3 cent. 

4 ‘‘(3) CHESAPEAKE STEWARDSHIP GRANTS.— 

5 There is authorized to be appropriated to carry out 

6 subsection (h)(2) $15,000,000 for each of fiscal years 

7 2010 through 2015. 

8 ‘‘(4) STORM WATER POLLUTION PLANNING AND

9 IMPLEMENTATION GRANTS.— 

10 ‘‘(A) AUTHORIZATION OF APPROPRIA11 TIONS.—In addition to amounts authorized or 

12 otherwise made available to carry out this sec13 tion, there are authorized to be appropriated to 

14 the Administrator— 

15 ‘‘(i) to carry out subsection 

16 (j)(8)(B)(i), $10,000,000; and 

17 ‘‘(ii) to carry out subsection 

18 (j)(8)(B)(ii), $1,500,000,000. 

19 ‘‘(B) COST-SHARING.—A grant provided for 

20 a project under— 

21 ‘‘(i) subsection (j)(8)(B)(i) may not be 

22 used to cover more than 80 percent of the 

23 cost of the project; and 


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1 ‘‘(ii) subsection (j)(8)(B)(ii) may not 

2 be used to cover more than 75 percent of the 

3 cost of the project. 

4 ‘‘(5) NUTRIA ERADICATION GRANTS.— 

5 ‘‘(A) IN GENERAL.—There is authorized to 

6 be appropriated to the Secretary of the Interior 

7 to provide financial assistance in the Chesapeake 

8 Basin under subsection (l) $4,000,000 for each of 

9 fiscal years 2010 through 2015. 

10 ‘‘(B) COST-SHARING.— 

11 ‘‘(i) FEDERAL SHARE.—The Federal 

12 share of the cost of carrying out the pro13 gram under subsection (l) may not exceed 

14 75 percent of the total costs of the program. 

15 ‘‘(ii) IN-KIND CONTRIBUTIONS.—The 

16 non-Federal share of the cost of carrying out 

17 the program under subsection (l) may be 

18 provided in the form of in-kind contribu19 tions of materials or services. 

20 ‘‘(6) AGRICULTURAL ANIMAL WASTE-TO-BIO21 ENERGY DEPLOYMENT GRANTS.—There is authorized 

22 to be appropriated to carry out the agricultural ani23 mal waste-to-bioenergy deployment program under 

24 subsection (j) $30,000,000 for the period of fiscal 


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1 years 2010 to 2015, to remain available until ex2 pended. 

3 ‘‘(7) LIMITATION ON ADMINISTRATIVE COSTS.— 

4 Not more than 10 percent of the annual amount of 

5 any grant provided by the Administrator or Sec6 retary under any program described in this sub7 section may be used for administrative costs. 

8 ‘‘(8) AVAILABILITY.—Amounts authorized to be 

9 appropriated under this subsection shall remain 

10 available until expended. 

11 ‘‘(q) SEVERABILITY.—A determination that any provi12 sions of this section is invalid, illegal, unenforceable, or in 

13 conflict with any other law shall not affect the validity, le14 gality, or enforceability of the remaining provisions of this 

15 section.’’. 

16 SEC. 4. FEDERAL ENFORCEMENT. 

17 Section 309 of the Federal Water Pollution Control Act 

18 (33 U.S.C. 1319) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1), in the first sentence, 

21 by striking ‘‘section 402’’ and inserting ‘‘section 

22 117, 402,’’; 

23 (B) in paragraph (3), by inserting ‘‘section 

24 117 or’’ before ‘‘section 402’’; 


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1 (2) in subsection (d), in the first sentence, by in2 serting ‘‘section 117 or’’ after ‘‘a permit issued 

3 under’’; and 

4 (3) in subsection (g)— 

5 (A) in paragraph (1)(A), by inserting ‘‘sec6 tion 117 or’’ before ‘‘section 402’’; and 

7 (B) in paragraph (7), by striking ‘‘section 

8 402’’ and inserting ‘‘section 117, 402,’’. 

9 SEC. 5. FEDERAL RESPONSIBILITY TO PAY FOR 

10 STORMWATER PROGRAMS. 

11 Section 313 of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1323) is amended by adding at the end the fol13 lowing: 

14 ‘‘(c) REASONABLE SERVICE CHARGES.—Reasonable 

15 service charges described in subsection (a) include any re16 quirement to pay a reasonable fee, assessment, or charge 

17 imposed by any State or local agency to defray or recover 

18 the cost of stormwater management in the same manner 

19 and to the same extent as any nongovernmental entity. 

20 ‘‘(d) NO TREATMENT AS TAX OR LEVY.—A fee, assess21 ment, or charge described in this section— 

22 ‘‘(1) shall not be considered to be a tax or other 

23 levy subject to an assertion of sovereign immunity; 

24 and 

25 ‘‘(2) may be paid using appropriated funds.’’. 


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1 SEC. 6. RELATIONSHIP TO NATIONAL ESTUARY PROGRAM. 

2 Section 320(b) of the Federal Water Pollution Control 

3 Act (33 U.S.C. 1330(b)) is amended in the last sentence 

4 by inserting ‘‘or section 117’’ after ‘‘this section’’. 

5 SEC. 7. SEPARATE APPROPRIATIONS ACCOUNT. 

6 Section 1105(a) of title 31, United States Code, is 

7 amended— 

8 (1) by redesignating paragraphs (35) and (36) 

9 as paragraphs (36) and (37), respectively; 

10 (2) by redesignating the second paragraph (33) 

11 (relating to obligational authority and outlays re12 quested for homeland security) as paragraph (35); 

13 and 

14 (3) by adding at the end the following: 

15 ‘‘(38) a separate statement for the Chesapeake 

16 Nutrient Trading Guarantee Fund established under 

17 section 117(e)(1)(E) of the Federal Water Pollution 

18 Control Act (33 U.S.C. 1267(e)(1)(E))(as amended by 

19 the Chesapeake Clean Water and Ecosystem Restora20 tion Act), which shall include the estimated amount 

21 of deposits into the Fund, obligations, and outlays 

22 from the Fund.’’. 


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Calendar No. 620 

111TH CONGRESS 

2D SESSION S. 1816 

[Report No. 111–333] 

A BILL 

To amend the Federal Water Pollution Control Act 

Program. to improve and reauthorize the Chesapeake Bay 

SEPTEMBER 28, 2010 

Reported with an amendment 


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