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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1816 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1816

    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

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Water Pollution Control Act to improve and 
                reauthorize the Chesapeake Bay Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chesapeake Clean Water and Ecosystem 
Restoration Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Chesapeake Bay and the tributary waters of the 
        Chesapeake Bay are natural resources of outstanding ecological, 
        economic, and cultural importance to the United States;
            (2) for more than 20 years, the Federal Government and the 
        States of the Chesapeake Bay Watershed, the Chesapeake Bay 
        Commission, and various local government, scientific, and 
        citizen advisory boards have worked through the Chesapeake Bay 
        Program of the Environmental Protection Agency to develop an 
        unparalleled body of scientific information and cooperative 
        partnerships to advance the Chesapeake Bay restoration effort;
            (3) despite significant efforts by Federal, State, and 
        local governments and other interested parties, water pollution 
        in the Chesapeake Bay prevents the attainment of existing State 
        water quality standards and the ecological goals of the Federal 
        Water Pollution Control Act (33 U.S.C. 1251 et seq.);
            (4) the Chesapeake Bay Program partnership has developed a 
        rich body of environmental data based on an extensive network 
        of monitors, which provide a critical measure of success in 
        attainment of the goals of the restoration effort;
            (5) the Chesapeake Bay Program partnership has also 
        developed some of the world's foremost water quality and 
        ecosystem computer models, which are invaluable planning tools 
        for resource managers;
            (6) the major pollutants affecting the water quality of the 
        Chesapeake Bay and related tidal waters are nitrogen, 
        phosphorus, and sediment;
            (7) the largest developed land use in the Chesapeake Bay 
        watershed, and the largest single-sector source of nitrogen, 
        phosphorus, and sediment pollution, is agriculture;
            (8) conservation practices have resulted in significant 
        reductions in pollution loads from the agricultural sector;
            (9) to speed continued progress in the agricultural sector, 
        the Federal Government and State governments have initiated a 
        number of agricultural conservation programs, including the 
        Chesapeake Bay watershed initiative under section 1240Q of the 
        Food Security Act of 1985 (16 U.S.C. 3839bb-4);
            (10) atmospheric deposition of nitrogen oxides and ammonia 
        on the Chesapeake Bay watershed contributes as much as \1/3\ of 
        the nitrogen pollution in the Chesapeake Bay;
            (11) for years, a steady stream of technology development 
        and increasingly stringent permit requirements have resulted in 
        a steady decline in the nitrogen and phosphorus pollution 
        derived from wastewater treatment plants in the Chesapeake Bay 
        watershed;
            (12) suburban and urban development is the fastest growing 
        land use sector in the Chesapeake Bay watershed, and stormwater 
        runoff from that sector is the only major source of pollution 
        in the watershed that is increasing;
            (13) during the period beginning in 1990 and ending in 
        2000, impervious cover, the hardened surfaces through which 
        water cannot penetrate, increased by nearly 250,000 acres, 
        about 41 percent, or the size of 5 Districts of Columbia;
            (14) during that period, the watershed population of the 
        Chesapeake Bay grew by just 8 percent;
            (15) the population of the watershed is estimated to be 
        growing by about 157,000 people per year;
            (16) continuing at that rate, the population will increase 
        to nearly 20,000,000 by 2030;
            (17) about 58 percent of the watershed of the Chesapeake 
        Bay is undeveloped and mostly forested, but as many as 100 
        acres of forest are lost to development each day;
            (18) States, local governments, developers, and nonprofit 
        organizations have developed numerous low-impact development 
        techniques since the late 1990s, which use natural area 
        protection, infiltration, and pervious surfaces to reduce 
        stormwater runoff and associated sediment and nutrient 
        pollution;
            (19) many of those techniques are less expensive than 
        traditional pollution stormwater control management techniques;
            (20) the decline of key aquatic habitats and species has 
        resulted in a loss of the important water quality benefits that 
        the habitats and species traditionally provided;
            (21) native oysters, the numbers of which have declined 
        precipitously in the Chesapeake Bay in significant part because 
        of diseases brought into the watershed by nonnative oysters, 
        are natural filters that once effectively filtered a volume of 
        water equivalent to that of the entire Chesapeake Bay in a 
        matter of days;
            (22) although less well-understood, menhaden, a species of 
        fish found in the Chesapeake Bay, also provide important 
        filtering capacity as well as a number of other key ecosystem 
        functions;
            (23) wetlands are a vital part of any major ecosystem;
            (24) studies have demonstrated that nontidal wetland near 
        the Chesapeake Bay removed as much as 89 percent of the 
        nitrogen and 80 percent of the phosphorus that entered the 
        wetland through upland runoff, groundwater, and precipitation;
            (25) riparian forests remove as much as 90 percent of 
        nitrogen and phosphorus that would otherwise enter the water;
            (26) the loss of forests and wetlands in the Chesapeake Bay 
        has resulted in diminished water quality, among other effects;
            (27) in certain locations in the Chesapeake Bay, nutria, a 
        nonnative species, has caused extensive destruction of key 
        wetlands; and
            (28) in spite of the achievements of the Chesapeake Bay 
        Program partnership and increasing knowledge about ecosystem 
        functions, the restoration of the Chesapeake Bay will require 
        significantly stronger tools to manage pollution levels and 
        other impediments to water quality.

SEC. 3. CHESAPEAKE BAY PROGRAM.

    Section 117 of the Federal Water Pollution Control Act (33 U.S.C. 
1267) is amended to read as follows:

``SEC. 117. CHESAPEAKE BAY PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Administrative cost.--The term `administrative cost' 
        means the cost of salaries and fringe benefits incurred in 
        administering a grant under this section.
            ``(2) Asian oyster.--The term `Asian oyster' means the 
        species Crassostrea ariakensis.
            ``(3) Baseline.--The term `baseline' means the basic 
        standard or level used for measuring (as applicable)--
                    ``(A) the nutrient control requirements credit 
                sellers must achieve before becoming eligible to 
                generate saleable nutrient credits; or
                    ``(B) the nutrient load reductions required of 
                individual sources to meet water quality standards or 
                goals under a TMDL or watershed implementation plan.
            ``(4) Basin commissions.--The term `basin commissions' 
        means--
                    ``(A) the Interstate Commission on the Potomac 
                River Basin established under the interstate compact 
                consented to and approved by Congress under the Joint 
                Resolution of July 11, 1940 (54 Stat. 748, chapter 579) 
                and Public Law 91-407 (84 Stat. 856); and
                    ``(B) the Susquehanna River Basin Commission 
                established under the interstate compact consented to 
                and approved by Congress under Public Law 91-575 (84 
                Stat. 1509) and Public Law 99-468 (100 Stat. 1193).
            ``(5) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements executed to 
        achieve the goal of restoring and protecting the Chesapeake Bay 
        ecosystem and the living resources of the Chesapeake Bay 
        ecosystem and signed by the Chesapeake Executive Council.
            ``(6) Chesapeake bay ecosystem.--The term `Chesapeake Bay 
        ecosystem' means the ecosystem of the Chesapeake Bay watershed.
            ``(7) Chesapeake bay program.--The term `Chesapeake Bay 
        Program' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay Agreement.
            ``(8) Chesapeake bay state.--The term `Chesapeake Bay 
        State' means any of--
                    ``(A) the States of Delaware, Maryland, New York, 
                Pennsylvania, Virginia, and West Virginia; or
                    ``(B) the District of Columbia.
            ``(9) Chesapeake bay watershed.--The term `Chesapeake Bay 
        watershed' means the Chesapeake Bay and the area consisting of 
        19 tributary basins within the Chesapeake Bay States through 
        which precipitation drains into the Chesapeake Bay.
            ``(10) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(11) Cleaning agent.--The term `cleaning agent' means a 
        laundry detergent, dishwashing compound, household cleaner, 
        metal cleaner, degreasing compound, commercial cleaner, 
        industrial cleaner, phosphate compound, or other substance that 
        is intended to be used for cleaning purposes.
            ``(12) Director.--The term `director' means the Director of 
        the Chesapeake Bay Program Office of the Environmental 
        Protection Agency.
            ``(13) Local government.--The term `local government' means 
        any county, city, or other general purpose political 
        subdivision of a State with jurisdiction over land use.
            ``(14) Menhaden.--The term `menhaden' means members of 
        stocks or populations of the species Brevoortia tyrannus.
            ``(15) Nutria.--The term `nutria' means the species 
        Myocaster coypus.
            ``(16) Point-of-regulation.--The term `point-of-regulation' 
        means any entity that--
                    ``(A) is subject to a limitation on pollution or 
                other regulation under this Act; and
                    ``(B) has sufficient technical capacity and legal 
                authority to meet the obligations of the entity under 
                this Act.
            ``(17) Signatory jurisdiction.--The term `signatory 
        jurisdiction' means a jurisdiction of a signatory to the 
        Chesapeake Bay Agreement.
            ``(18) TMDL.--
                    ``(A) In general.--The term `TMDL' means the total 
                maximum daily load that the Administrator establishes 
                or approves for nitrogen, phosphorus, and sediment 
                loading to the waters in the Chesapeake Bay mainstem 
                and tidal tributaries identified on the list of a 
                Chesapeake Bay State under section 303(d).
                    ``(B) Inclusions.--The term `TMDL' may include 
                nitrogen, phosphorus, and sediment allocations in 
                temporal units of greater than daily duration if 
                applicable allocations--
                            ``(i) are demonstrated to achieve water 
                        quality standards; and
                            ``(ii) do not lead to exceedances of other 
                        applicable water quality standards for local 
                        receiving waters.
            ``(19) Tributary basin.--The term `tributary basin' means 
        an area of land or body of water that--
                    ``(A) drains into any of the 19 Chesapeake Bay 
                tributaries or tributary segments; and
                    ``(B) is managed through watershed implementation 
                plans under this Act.
    ``(b) Continuation of Chesapeake Bay Program.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council (and as a member of the Council), the 
        Administrator shall continue the Chesapeake Bay Program.
            ``(2) Program office.--
                    ``(A) In general.--The Administrator shall maintain 
                in the Environmental Protection Agency a Chesapeake Bay 
                Program Office.
                    ``(B) Function.--The Chesapeake Bay Program Office 
                shall provide support to the Chesapeake Executive 
                Council by--
                            ``(i) implementing and coordinating 
                        science, research, modeling, support services, 
                        monitoring, data collection, and other 
                        activities that support the Chesapeake Bay 
                        Program;
                            ``(ii) developing and making available, 
                        through publications, technical assistance, and 
                        other appropriate means, information pertaining 
                        to the environmental quality and living 
                        resources of the Chesapeake Bay ecosystem;
                            ``(iii) in cooperation with appropriate 
                        Federal, State, and local authorities, 
                        assisting the signatories to the Chesapeake Bay 
                        Agreement in developing and implementing 
                        specific action plans to carry out the 
                        responsibilities of the signatories to the 
                        Chesapeake Bay Agreement;
                            ``(iv) coordinating the actions of the 
                        Environmental Protection Agency with the 
                        actions of the appropriate officials of other 
                        Federal agencies and State and local 
                        authorities in developing strategies to--
                                    ``(I) improve the water quality and 
                                living resources in the Chesapeake Bay 
                                ecosystem; and
                                    ``(II) obtain the support of the 
                                appropriate officials of the agencies 
                                and authorities in achieving the 
                                objectives of the Chesapeake Bay 
                                Agreement; and
                            ``(v) implementing outreach programs for 
                        public information, education, and 
                        participation to foster stewardship of the 
                        resources of the Chesapeake Bay.
    ``(c) Interagency Agreements.--The Administrator may enter into an 
interagency agreement with a Federal agency to carry out this section.
    ``(d) Technical Assistance and Assistance Grants.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council, the Administrator may provide technical 
        assistance, and assistance grants, to nonprofit organizations, 
        State and local governments, colleges, universities, and 
        interstate agencies to carry out this section, subject to such 
        terms and conditions as the Administrator considers 
        appropriate.
            ``(2) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share of an assistance 
                grant provided under paragraph (1) shall be determined 
                by the Administrator in accordance with guidance issued 
                by the Administrator.
                    ``(B) Chesapeake bay stewardship grants program.--
                The Federal share of an assistance grant provided under 
                paragraph (1) to carry out an implementing activity 
                under subsection (h)(2) shall not exceed 75 percent of 
                eligible project costs, as determined by the 
                Administrator.
            ``(3) Non-federal share.--An assistance grant under 
        paragraph (1) shall be provided on the condition that non-
        Federal sources provide the remainder of eligible project 
        costs, as determined by the Administrator.
            ``(4) Administrative costs.--Administrative costs shall not 
        exceed 10 percent of the annual grant award.
    ``(e) Implementation and Monitoring Grants.--
            ``(1) In general.--On the request of the chief executive of 
        the Chesapeake Bay State, the Administrator--
                    ``(A) shall make an implementation grant to the 
                Chesapeake Bay State, or a designee of a Chesapeake Bay 
                State (such as a soil conservation district, nonprofit 
                organization, local government, college, university, 
                interstate basin commission, or interstate agency), for 
                the purpose of implementing the TMDL plans of the 
                Chesapeake Bay State and achieving the goals 
                established under the Chesapeake Bay Agreement, subject 
                to such terms and conditions as the Administrator 
                considers to be appropriate; and
                    ``(B) may make a monitoring grant to--
                            ``(i) a Chesapeake Bay State, or a designee 
                        of a Chesapeake Bay State (such as a soil 
                        conservation district, nonprofit organization, 
                        local government, college, university, 
                        interstate basin commission, or interstate 
                        agency), for the purpose of monitoring the 
                        ecosystem of freshwater tributaries to the 
                        Chesapeake Bay; or
                            ``(ii) the States of Delaware, Maryland, or 
                        Virginia, the District of Columbia, or a 
                        designee (such as a nonprofit organization, 
                        local government, college, university, or 
                        interstate agency) for the purpose of 
                        monitoring the Chesapeake Bay, including the 
                        tidal waters of the Chesapeake Bay.
            ``(2) Administration.--In making implementation grants to 
        each of the Chesapeake Bay States for a fiscal year under this 
        subsection, the Administrator shall ensure that not less than--
                    ``(A) 10 percent of the funds available to make 
                such grants are made to the States of Delaware, New 
                York, and West Virginia; and
                    ``(B) 20 percent of the funds available to make 
                such grants are made to States for the sole purpose of 
                providing technical assistance to agricultural 
                producers and foresters to access conservation programs 
                and other resources devoted to improvements in water 
                quality in the Chesapeake Bay and the tributaries of 
                the Chesapeake Bay.
            ``(3) Proposals.--
                    ``(A) Implementation grants.--
                            ``(i) In general.--A Chesapeake Bay State 
                        described in paragraph (1) may apply for a 
                        grant under this subsection for a fiscal year 
                        by submitting to the Administrator a 
                        comprehensive proposal to implement programs 
                        and achieve the goals established under the 
                        Chesapeake Bay Agreement.
                            ``(ii) Implementation grant contents.--A 
                        proposal under clause (i) shall include--
                                    ``(I) a description of proposed 
                                actions that the Chesapeake Bay State 
                                commits to take within a specified time 
                                period that are designed--
                                            ``(aa) to achieve and 
                                        maintain all applicable water 
                                        quality standards, including 
                                        standards necessary to support 
                                        the aquatic living resources of 
                                        the Chesapeake Bay and related 
                                        tributaries and to protect 
                                        human health;
                                            ``(bb) to restore, enhance, 
                                        and protect the finfish, 
                                        shellfish, waterfowl, and other 
                                        living resources, habitats of 
                                        those species and resources, 
                                        and ecological relationships to 
                                        sustain all fisheries and 
                                        provide for a balanced 
                                        ecosystem;
                                            ``(cc) to preserve, 
                                        protect, and restore those 
                                        habitats and natural areas that 
                                        are vital to the survival and 
                                        diversity of the living 
                                        resources of the Chesapeake Bay 
                                        and associated rivers;
                                            ``(dd) to develop, promote, 
                                        and achieve sound land use 
                                        practices that protect and 
                                        restore watershed resources and 
                                        water quality, reduce or 
                                        maintain reduced pollutant 
                                        loadings for the Chesapeake Bay 
                                        and related tributaries, and 
                                        restore and preserve aquatic 
                                        living resources;
                                            ``(ee) to promote 
                                        individual stewardship and 
                                        assist individuals, community-
                                        based organizations, 
                                        businesses, local governments, 
                                        and schools to undertake 
                                        initiatives to achieve the 
                                        goals and commitments of the 
                                        Chesapeake Bay Agreement; or
                                            ``(ff) to provide technical 
                                        assistance to agricultural 
                                        producers, foresters, and other 
                                        eligible entities, through 
                                        technical infrastructure, 
                                        including activities, 
                                        processes, tools, and agency 
                                        functions needed to support 
                                        delivery of technical services, 
                                        such as technical standards, 
                                        resource inventories, training, 
                                        data, technology, monitoring, 
                                        and effects analyses;
                                    ``(II) a commitment to dedicate not 
                                less than 20 percent of the grant of 
                                the Chesapeake Bay under this 
                                subsection to support technical 
                                assistance for agricultural and 
                                forestry land or nutrient management 
                                practices that protect and restore 
                                watershed resources and water quality, 
                                reduce or maintain reduced pollutant 
                                loadings for the Chesapeake Bay and 
                                related tributaries, and restore and 
                                preserve aquatic living resources; and
                                    ``(III) the estimated cost of the 
                                actions proposed to be taken during the 
                                fiscal year.
                    ``(B) Monitoring grants.--
                            ``(i) In general.--A Chesapeake Bay State 
                        described in paragraph (1) may apply for a 
                        grant under this subsection for a fiscal year 
                        by submitting to the Administrator a 
                        comprehensive proposal to monitor freshwater or 
                        estuarine ecosystems, including water quality.
                            ``(ii) Monitoring grant contents.--A 
                        proposal under this subparagraph shall 
                        include--
                                    ``(I) a description of the proposed 
                                monitoring system;
                                    ``(II) certification by the 
                                Chesapeake Bay Program Director that 
                                such a monitoring system includes such 
                                parameters as the Chesapeake Bay 
                                Program Director determines to be 
                                necessary to assess progress toward 
                                achieving the goals of the Chesapeake 
                                Clean Water and Ecosystem Restoration 
                                Act of 2009; and
                                    ``(III) the estimated cost of the 
                                monitoring proposed to be conducted 
                                during the fiscal year.
                            ``(iii) Concurrences.--The Administrator 
                        shall--
                                    ``(I) obtain the concurrence of the 
                                Director of the United States 
                                Geological Survey regarding the design 
                                and implementation of the freshwater 
                                monitoring systems established under 
                                this subsection; and
                                    ``(II) obtain the concurrence of 
                                the Director of the Chesapeake Bay 
                                Office of the National Oceanic and 
                                Atmospheric Administration regarding 
                                the design and implementation of the 
                                estuarine monitoring systems 
                                established under this subsection.
                            ``(iv) Consultation.--The Administrator 
                        shall--
                                    ``(I) consult with the Interstate 
                                Commission on the Potomac River Basin, 
                                the Susquehanna River Basin Commission, 
                                and the Chesapeake Bay States regarding 
                                the design and implementation of the 
                                freshwater monitoring systems 
                                established under this subsection, 
                                giving particular attention to the 
                                measurement of the water quality 
                                effectiveness of agricultural 
                                conservation program implementation 
                                (including geospatial agricultural 
                                conservation program data), including 
                                the Chesapeake Bay Watershed Initiative 
                                under section 1240Q of the Food 
                                Security Act of 1985 (16 U.S.C. 3839bb-
                                4);
                                    ``(II) consult with Old Dominion 
                                University, the Virginia Institute of 
                                Marine Science, the University of 
                                Maryland Center for Environmental 
                                Science, and the Chesapeake Bay States 
                                regarding the estuarine monitoring 
                                systems established under this 
                                subsection;
                                    ``(III) consult with the Chesapeake 
                                Bay Program Scientific and Technical 
                                Advisory Committee regarding 
                                independent review of monitoring 
                                designs giving particular attention to 
                                integrated freshwater and estuarine 
                                monitoring strategies; and
                                    ``(IV) consult with Federal 
                                departments and agencies regarding 
                                cooperation in implementing monitoring 
                                programs.
    ``(f) Federal Facilities Coordination.--
            ``(1) Subwatershed planning and restoration.--A Federal 
        agency that owns or operates a facility (as defined by the 
        Administrator) within the Chesapeake Bay watershed shall 
        participate in regional and subwatershed planning and 
        restoration programs.
            ``(2) Compliance with agreements and plans.--The head of 
        each Federal agency that owns or occupies real property in the 
        Chesapeake Bay watershed shall ensure that the property, and 
        actions taken by the agency with respect to the property, 
        comply with--
                    ``(A) the Chesapeake Bay Agreement;
                    ``(B) the Federal Agencies Chesapeake Ecosystem 
                Unified Plan;
                    ``(C) the Chesapeake Bay action plan developed in 
                accordance with subparagraph (g)(1)(A); and
                    ``(D) any subsequent agreements and plans.
    ``(g) Federal Annual Action Plan and Progress Report.--The 
Administrator, in accordance with Executive Order 13508 entitled 
`Chesapeake Bay Protection and Restoration' and signed on May 12, 2009 
(74 Fed. Reg. 23099), shall--
            ``(1) make available to the public, not later than March 31 
        of each year--
                    ``(A) a Chesapeake Bay action plan describing, in 
                the greatest practicable degree of detail, how Federal 
                funding proposed in the annual budget of the United 
                States submitted by the President to Congress will be 
                used to protect and restore the Chesapeake Bay during 
                the upcoming fiscal year; and
                    ``(B) an annual progress report that--
                            ``(i) assesses the key ecological 
                        attributes that reflect the health of the 
                        Chesapeake Bay ecosystem;
                            ``(ii) reviews indicators of environmental 
                        conditions in the Chesapeake Bay;
                            ``(iii) distinguishes between the health of 
                        the Chesapeake Bay ecosystem and the results of 
                        management measures;
                            ``(iv) assesses implementation of the 
                        action plan during the preceding fiscal year;
                            ``(v) recommends steps to improve progress 
                        in restoring and protecting the Chesapeake Bay; 
                        and
                            ``(vi) describes how Federal funding and 
                        actions will be coordinated with the actions of 
                        States, basin commissions, and others;
            ``(2) create and maintain, with the concurrence of the 
        Secretary of Agriculture, a Chesapeake Bay-wide database 
        containing comprehensive data on implementation of conservation 
        management practices in the Chesapeake Bay watershed that--
                    ``(A) includes baseline conservation management 
                practice implementation data as of the effective date 
                of the Chesapeake Clean Water and Ecosystem Restoration 
                Act of 2009;
                    ``(B) includes data on subsequent conservation 
                management practice implementation projects funded by 
                or reported to the Agency or the Department;
                    ``(C) presents the required data in statistical or 
                aggregate form without identifying any--
                            ``(i) individual owner, operator, or 
                        producer; or
                            ``(ii) specific data gathering site; and
                    ``(D) is made available to the public not later 
                than December 31, 2010.
    ``(h) Chesapeake Bay Program.--
            ``(1) Management strategies.--The Administrator, in 
        coordination with other members of the Chesapeake Executive 
        Council, shall ensure that management plans are developed and 
        implemented by Chesapeake Bay States to achieve and maintain--
                    ``(A) the nutrient goals of the Chesapeake Bay 
                Agreement for the quantity of nitrogen and phosphorus 
                entering the Chesapeake Bay and the watershed of the 
                Chesapeake Bay;
                    ``(B) the water quality requirements necessary to 
                restore living resources in the Chesapeake Bay 
                ecosystem;
                    ``(C) the Chesapeake Bay Basinwide Toxins Reduction 
                and Prevention Strategy goal of reducing or eliminating 
                the input of chemical contaminants from all 
                controllable sources to levels that result in no toxic 
                or bioaccumulative impact on the living resources of 
                the Chesapeake Bay ecosystem or on human health;
                    ``(D) habitat restoration, protection, creation, 
                and enhancement goals established by Chesapeake Bay 
                Agreement signatories for wetland, riparian forests, 
                and other types of habitat associated with the 
                Chesapeake Bay ecosystem; and
                    ``(E) the restoration, protection, creation, and 
                enhancement goals established by the Chesapeake Bay 
                Agreement signatories for living resources associated 
                with the Chesapeake Bay ecosystem.
            ``(2) Chesapeake bay stewardship grants program.--The 
        Administrator, in cooperation with the Chesapeake Executive 
        Council, shall--
                    ``(A) establish a Chesapeake Bay Stewardship Grants 
                Program; and
                    ``(B) in carrying out that program--
                            ``(i) offer technical assistance and 
                        assistance grants under subsection (d) to local 
                        governments, soil conservation districts, 
                        academic institutions, and nonprofit 
                        organizations in the Chesapeake Bay region to 
                        implement--
                                    ``(I) cooperative watershed 
                                strategies that address the water 
                                quality, habitat, and living resource 
                                needs in the Chesapeake Bay ecosystem;
                                    ``(II) locally based protection and 
                                restoration programs or projects within 
                                a watershed that complement the State 
                                watershed implementation plans, 
                                including the creation, restoration, or 
                                enhancement of habitat associated with 
                                the Chesapeake Bay ecosystem; and
                                    ``(III) innovative nitrogen, 
                                phosphorus, or sediment reduction 
                                efforts; and
                            ``(ii) give preference to cooperative 
                        projects that involve local governments.
    ``(i) Total Maximum Daily Load.--
            ``(1) TMDL.--
                    ``(A) Establishment.--Not later than December 31, 
                2010, the Administrator shall establish a Chesapeake 
                Bay-wide TMDL.
                    ``(B) Requirements.--The Administrator shall not 
                establish or approve a TMDL described in subparagraph 
                (A) unless the TMDL includes--
                            ``(i) wasteload allocations for nitrogen, 
                        phosphorus, and sediment necessary to implement 
                        the applicable water quality standards in the 
                        Chesapeake Bay watershed and achieve those 
                        standards in the Chesapeake Bay and the tidal 
                        tributaries of the Chesapeake Bay;
                            ``(ii) enforceable or otherwise binding 
                        load allocations for all nonpoint sources, 
                        including atmospheric deposition, agricultural 
                        runoff, and stormwater sources for which a 
                        permit under section 402 is not required;
                            ``(iii) a margin of safety so as to ensure 
                        that the TMDL does not exceed any applicable 
                        water quality standard; and
                            ``(iv) a requirement for no net increase of 
                        nitrogen, phosphorus, and sediment loads above 
                        the pollution limitations necessary to meet 
                        water quality standards for the Chesapeake Bay, 
                        including no net projected increased pollutant 
                        loads from--
                                    ``(I) new or increased impervious 
                                surfaces;
                                    ``(II) concentrated animal feeding 
                                operations;
                                    ``(III) transportation systems; and
                                    ``(IV) septic systems.
            ``(2) Permits.--
                    ``(A) In general.--Effective beginning on January 
                1, 2011, a new or reissued permit issued by the 
                Administrator under section 402(a) or a State 
                authorized to administer a permit program under section 
                402(b) shall include limits consistent with all 
                applicable wasteload allocations in the Chesapeake Bay 
                TMDL.
                    ``(B) Permits.--
                            ``(i) In general.--Effective beginning on 
                        January 1, 2011, each Chesapeake Bay State 
                        shall submit to the Administrator copies of any 
                        permit for discharges of nitrogen, phosphorus, 
                        or sediment into the Chesapeake Bay watershed 
                        that is allowed to continue beyond 5 years 
                        pursuant to a State law analogous to section 
                        558(c) of title 5, United States Code, not 
                        later than 60 days after the expiration date of 
                        the permit.
                            ``(ii) Review.--The Administrator shall 
                        have the opportunity to review and object to 
                        the continuance of the permit in accordance 
                        with the process described in section 402(d) 
                        for permits proposed to be issued by a State.
    ``(j) Actions by States.--
            ``(1) Watershed implementation plans.--
                    ``(A) Plans.--
                            ``(i) In general.--Not later than May 12, 
                        2011, each Chesapeake Bay State shall, after 
                        providing for reasonable notice and 1 or more 
                        public hearings, adopt and submit to the 
                        Administrator for approval a watershed 
                        implementation plan for the portion of each of 
                        the 92 tidal water segments that is subject to 
                        the jurisdiction of the Chesapeake Bay State 
                        that together comprise the Chesapeake Bay.
                            ``(ii) Targets.--The watershed 
                        implementation plan shall establish reduction 
                        targets, key actions, and schedules for 
                        reducing, to levels that will attain water 
                        quality standards, the loads, of nitrogen, 
                        phosphorus, and sediment, including pollution 
                        from--
                                    ``(I) agricultural runoff;
                                    ``(II) point sources, including 
                                point source stormwater discharges;
                                    ``(III) nonpoint source stormwater 
                                runoff; and
                                    ``(IV) septic systems and other 
                                onsite sewage disposal systems.
                            ``(iii) Pollution limitations.--
                                    ``(I) In general.--The tributary 
                                pollution limitations shall be the 
                                nitrogen, phosphorous, and sediment cap 
                                loads identified in the tributary cap 
                                load agreement numbered EPA 903-R-03-
                                007, date December 2003, and entitled 
                                `Setting and Allocating the Chesapeake 
                                Bay Basin Nutrient and Sediment Loads: 
                                The Collaborative Process, Technical 
                                Tools and Innovative Approaches,' or a 
                                Chesapeake Bay TMDL established by the 
                                Administrator.
                                    ``(II) Stringency.--A watershed 
                                implementation plan shall be designed 
                                to attain, at a minimum, the pollution 
                                limitations described in subclause (I).
                            ``(iv) Plan requirements.--Each watershed 
                        implementation plan shall--
                                    ``(I) include State-adopted 
                                management measures, including rules or 
                                regulations, permits, consent decrees, 
                                and other enforceable or otherwise 
                                binding measures, to require and 
                                achieve reductions from pollution 
                                sources;
                                    ``(II) include programs to achieve 
                                voluntary reductions from pollution 
                                sources, including funding commitments 
                                necessary to implement those programs;
                                    ``(III) include any additional 
                                requirements or actions that the 
                                Chesapeake Bay State determines to be 
                                necessary to attain the pollution 
                                limitations by the deadline established 
                                in this paragraph;
                                    ``(IV) provide for enforcement 
                                mechanisms, including a penalty 
                                structure for failures, such as fees or 
                                forfeiture of State funds, including 
                                Federal funds distributed or otherwise 
                                awarded by the State to the extent the 
                                State is authorized to exercise 
                                independent discretion in amounts of 
                                such distributions or awards, for use 
                                in case a permittee, local 
                                jurisdictions, or any other party fails 
                                to adhere to assigned pollutant 
                                limitations, implementation schedules, 
                                or permit terms;
                                    ``(V) include a schedule for 
                                implementation divided into 2-year 
                                periods, along with computer modeling 
                                to demonstrate the projected reductions 
                                in nitrogen, phosphorus, and sediment 
                                loads associated with each 2-year 
                                period;
                                    ``(VI) include the stipulation of 
                                alternate actions as contingencies;
                                    ``(VII) account for how the 
                                Chesapeake Bay State will address 
                                additional loadings from growth through 
                                offsets or other actions; and
                                    ``(VIII) provide assurances that--
                                            ``(aa) if compared to an 
                                        estimated 2008 baseline based 
                                        on modeled loads, the initial 
                                        plan shall be designed to 
                                        achieve, not later than May 31, 
                                        2017, at least 60 percent of 
                                        the nutrient and sediment 
                                        limitations described in clause 
                                        (iii)(I);
                                            ``(bb) the management 
                                        measures required to achieve a 
                                        50-percent reduction of 
                                        nutrient and sediment 
                                        limitations shall be in effect 
                                        upon submission of the plan;
                                            ``(cc) the Chesapeake Bay 
                                        State will have adequate 
                                        personnel, funding, and 
                                        authority under State (and, as 
                                        appropriate, local) law to 
                                        carry out the implementation 
                                        plan, and is not prohibited by 
                                        any provision of Federal or 
                                        State law from carrying out the 
                                        implementation plan; and
                                            ``(dd) in a case in which a 
                                        Chesapeake Bay State has relied 
                                        on a local government for the 
                                        implementation of any plan 
                                        provision, the Chesapeake Bay 
                                        State has the responsibility 
                                        for ensuring adequate 
                                        implementation of the 
                                        provision.
                    ``(B) Implementation.--
                            ``(i) In general.--In implementing a 
                        watershed implementation plan, each Chesapeake 
                        Bay State shall follow a strategy developed by 
                        the Administrator for the implementation of 
                        adaptive management principles to ensure full 
                        implementation of all plan elements by not 
                        later than May 12, 2025, including--
                                    ``(I) biennial evaluations of State 
                                actions;
                                    ``(II) progress made toward 
                                implementation;
                                    ``(III) determinations of necessary 
                                modifications to future actions in 
                                order to achieve objectives; and
                                    ``(IV) appropriate provisions to 
                                adapt to climate changes.
                            ``(ii) Deadline.--Not later than May 12, 
                        2025, each Chesapeake Bay State shall--
                                    ``(I) fully implement the watershed 
                                implementation plan of the State; and
                                    ``(II) have in place all the 
                                mechanisms outlined in the plan that 
                                are necessary to attain the applicable 
                                pollutant limitations for nitrogen, 
                                phosphorus, and sediments.
                    ``(C) Progress reports.--Not later than May 12, 
                2014, and biennially thereafter, each Chesapeake Bay 
                State shall submit to the Administrator a progress 
                report that, with respect to the 2-year period covered 
                by the report--
                            ``(i) includes a listing of all management 
                        measures that were to be implemented in 
                        accordance with the approved watershed 
                        implementation plan of the Chesapeake Bay 
                        State, including a description of the extent to 
                        which those measures have been fully 
                        implemented;
                            ``(ii) includes a listing of all the 
                        management measures described in clause (i) 
                        that the Chesapeake Bay State has failed to 
                        fully implement in accordance with the approved 
                        watershed implementation plan of the Chesapeake 
                        Bay State;
                            ``(iii) includes monitored and collected 
                        water quality data;
                            ``(iv) includes Chesapeake Bay Program 
                        computer modeling data that detail the 
                        nitrogen, phosphorus, and sediment load 
                        reductions projected to be achieved as a result 
                        of the implementation of the management 
                        measures and mechanisms carried out by the 
                        Chesapeake Bay State;
                            ``(v) includes, for the subsequent 2-year 
                        period, implementation goals and Chesapeake Bay 
                        Program computer modeling data detailing the 
                        projected pollution reductions to be achieved 
                        if the Chesapeake Bay State fully implements 
                        the subsequent round of management measures;
                            ``(vi) identifies compliance information, 
                        including violations, actions taken by the 
                        Chesapeake Bay State to address the violations, 
                        and dates, if any, on which compliance was 
                        achieved; and
                            ``(vii) specifies any revisions to the 
                        watershed implementation plan submitted under 
                        this paragraph that the Chesapeake Bay State 
                        determines are necessary to attain the 
                        applicable pollutant limitations for nitrogen, 
                        phosphorus, and sediments.
            ``(2) Issuance of permits.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this Act (including any exclusion or 
                exception contained in a definition under section 502), 
                for the purpose of achieving the nitrogen, phosphorus, 
                and sediment reductions required under a watershed 
                implementation plan, a Chesapeake Bay State may issue a 
                permit in accordance with section 402 for any pollution 
                source the Chesapeake Bay State determines to be 
                necessary.
                    ``(B) Enforcement.--The Administrator shall enforce 
                any permits issued in accordance with the watershed 
                implementation plan in the same manner as other permits 
                issued under section 402 are enforced.
            ``(3) Stormwater permits.--
                    ``(A) In general.--Effective beginning January 1, 
                2013, the Chesapeake Bay State shall provide assurances 
                to the Administrator that--
                            ``(i) the owner or operator of any 
                        development or redevelopment project possessing 
                        an impervious footprint that exceeds a 
                        threshold to be determined by the Administrator 
                        through rulemaking, will use site planning, 
                        design, construction, and maintenance 
                        strategies for the property to maintain or 
                        restore, to the maximum extent technically 
                        feasible, the predevelopment hydrology of the 
                        property with regard to the temperature, rate, 
                        volume, and duration of flow; and
                            ``(ii) as a further condition of permitting 
                        such a development or redevelopment, the owner 
                        or operator of any development or redevelopment 
                        project possessing an impervious footprint that 
                        exceeds a threshold to be determined by the 
                        Administrator through rulemaking will 
                        compensate for any unavoidable impacts to the 
                        predevelopment hydrology of the property with 
                        regard to the temperature, rate, volume, and 
                        duration of flow, such that--
                                    ``(I) the compensation within the 
                                jurisdictional boundaries of the local 
                                government shall provide in-kind 
                                mitigation of function at a ratio to be 
                                determined by the Administrator through 
                                rulemaking; and
                                    ``(II) the compensation outside the 
                                jurisdictional boundaries of the local 
                                government shall provide in-kind 
                                mitigation, at a ratio to be determined 
                                by the Administrator through 
                                rulemaking, within the tributary 
                                watershed in which the project is 
                                located.
                    ``(B) Administration.--Not later than December 31, 
                2012, the Administrator shall promulgate regulations 
                that--
                            ``(i) define the term `predevelopment 
                        hydrology' in subparagraph (A);
                            ``(ii) establish the thresholds under 
                        subparagraph (A); and
                            ``(iii) establish the compensation ratios 
                        under subparagraph (A)(ii).
            ``(4) Phosphate ban.--
                    ``(A) Phosphorus in cleaning agents.--Each 
                Chesapeake Bay State shall provide to the 
                Administrator, not later than 3 years after the date of 
                enactment of the Chesapeake Clean Water and Ecosystem 
                Restoration Act of 2009, assurances that within the 
                jurisdiction, except as provided in subparagraph (B), a 
                person may not use, sell, manufacture, or distribute 
                for use or sale any cleaning agent that contains more 
                than 0.0 percent phosphorus by weight, expressed as 
                elemental phosphorus, except for a quantity not 
                exceeding 0.5 percent phosphorus that is incidental to 
                the manufacture of the cleaning agent.
                    ``(B) Prohibited quantities of phosphorus.--Each 
                Chesapeake Bay State shall provide to the 
                Administrator, not later than 3 years after the date of 
                enactment of the Chesapeake Clean Water and Ecosystem 
                Restoration Act of 2009, assurances that, within the 
                jurisdiction, a person may use, sell, manufacture, or 
                distribute for use or sale a cleaning agent that 
                contains greater than 0.0 percent phosphorus by weight, 
                but does not exceed 8.7 percent phosphorus by weight, 
                if the cleaning agent is a substance that the 
                Administrator, by regulation, excludes from the 
                limitation under subparagraph (A), based on a finding 
                that compliance with that subparagraph would--
                            ``(i) create a significant hardship on the 
                        users of the cleaning agent; or
                            ``(ii) be unreasonable because of the lack 
                        of an adequate substitute cleaning agent.
    ``(k) Action by Administrator.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of the Chesapeake Clean Water and Ecosystem 
        Restoration Act of 2009, the Administrator shall establish 
        minimum criteria that any proposed watershed implementation 
        plan must meet before the Administrator may approve such a 
        plan.
            ``(2) Completeness finding.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which the Administrator receives a new or 
                revised proposed watershed implementation plan from a 
                Chesapeake Bay State, the Administrator shall determine 
                whether the minimum criteria for the plan established 
                under paragraph (1) have been met.
                    ``(B) Effect of finding of incompleteness.--If the 
                Administrator determines under subparagraph (A) that 
                all or any portion of a submitted watershed 
                implementation plan does not meet the minimum criteria 
                established under paragraph (1), the Chesapeake Bay 
                State submitting the plan shall be treated as not 
                having made the submission.
            ``(3) Approval and disapproval.--
                    ``(A) Deadline.--Not later than 90 days after 
                determining that a watershed implementation plan meets 
                minimum criteria in accordance with paragraph (2)(A), 
                the Administrator shall approve or disapprove the plan.
                    ``(B) Full and partial approval and disapproval.--
                In carrying out this paragraph, the Administrator--
                            ``(i) shall approve a watershed 
                        implementation plan if the plan meets all 
                        applicable requirements under this section; and
                            ``(ii) may approve the plan in part and 
                        disapprove the plan in part if only a portion 
                        of the plan meets those requirements.
                    ``(C) Conditional approval.--The Administrator--
                            ``(i) may conditionally approve a revised 
                        watershed implementation plan based on a 
                        commitment of the Chesapeake Bay State 
                        submitting the plan to adopt specific 
                        enforceable management measures by not later 
                        than 1 year after the date of approval of the 
                        plan revision; but
                            ``(ii) shall treat a conditional approval 
                        as a disapproval under this paragraph if the 
                        Chesapeake Bay State fails to comply with the 
                        commitment of the Chesapeake Bay State.
                    ``(D) Full approval required.--A new or revised 
                watershed implementation plan shall not be treated as 
                meeting the requirements of this section until the 
                Administrator approves the entire new or revised plan.
                    ``(E) Corrections.--In any case in which the 
                Administrator determines that the action of the 
                Administrator approving, disapproving, conditionally 
                approving, or promulgating any new or revised watershed 
                implementation plan was in error, the Administrator--
                            ``(i) may, in the same manner as the 
                        approval, disapproval, conditional approval, or 
                        promulgation, revise the action of the 
                        Administrator, as appropriate, without 
                        requiring any further submission from the 
                        Chesapeake Bay State; and
                            ``(ii) shall make the determination of the 
                        Administrator, and the basis for that 
                        determination, available to the public.
                    ``(F) Effective date.--The provisions of a State 
                watershed implementation plan shall take effect upon 
                the date of approval of the plan.
            ``(4) Calls for plan revision.--In any case in which the 
        Administrator determines that watershed implementation plan for 
        any area is inadequate to attain or maintain applicable 
        pollution limitations, the Administrator--
                    ``(A) shall notify the Chesapeake Bay State of, and 
                require the Chesapeake Bay State to revise the plan to 
                correct, the inadequacies;
                    ``(B) may establish reasonable deadlines (not to 
                exceed 180 days after the date on which the 
                Administrator provides the notification) for the 
                submission of a revised watershed implementation plan;
                    ``(C) make the findings of the Administrator under 
                paragraph (3) and notice provided under subparagraph 
                (A) public; and
                    ``(D) require the Chesapeake Bay State to comply 
                with the requirements applicable under the initial 
                watershed implementation plan, except that the 
                Administrator may adjust any dates (other than 
                attainment dates) applicable under those requirements, 
                as appropriate.
            ``(5) Federal implementation.--If a Chesapeake Bay State 
        fails to submit a watershed implementation plan, to submit a 
        biennial report, or to correct a previously missed 2-year 
        commitment made in a watershed implementation plan, the 
        Administrator shall, after issuing a notice to the State and 
        providing a 90-day period in which the failure may be 
        corrected--
                    ``(A) withhold all funds otherwise available to the 
                Chesapeake Bay State under this Act;
                    ``(B) develop and administer a watershed 
                implementation plan for that Chesapeake Bay State until 
                such time as the Chesapeake Bay State has remedied the 
                plan, reports, or achievements to the satisfaction of 
                the Administrator;
                    ``(C) require that all permits issued under section 
                402 for new or expanding discharges of nitrogen, 
                phosphorus, or sediments acquire offsets that exceed by 
                100 percent an amount that would otherwise be required, 
                taking into account attenuation, equivalency, and 
                uncertainty; and
                    ``(D) for the purposes of developing and 
                implementing a watershed implementation plan under 
                subparagraph (B)--
                            ``(i) notwithstanding any other provision 
                        of this Act (including any exclusion or 
                        exception contained in a definition under 
                        section 502), promulgate such regulations or 
                        issue such permits as the Administrator 
                        determines to be necessary to control pollution 
                        sufficient to meet the water quality goals 
                        defined in the watershed implementation plan; 
                        and
                            ``(ii) enforce any permits issued in 
                        accordance with the watershed implementation 
                        plan in the same manner as other permits issued 
                        under section 402 are enforced.
            ``(6) Nitrogen and phosphorus trading program.--
                    ``(A) Establishment.--Not later than May 12, 2012, 
                the Administrator, in cooperation with each Chesapeake 
                Bay State, shall establish an interstate nitrogen and 
                phosphorus trading program for the Chesapeake Bay for 
                the generation, trading, and use of nitrogen and 
                phosphorus credits to facilitate the attainment and 
                maintenance of the Chesapeake Bay-wide TMDL for 
                nitrogen and phosphorus.
                    ``(B) Trading system.--The trading program 
                established under this subsection shall, at a minimum--
                            ``(i) define and standardize nitrogen and 
                        phosphorus credits and establish procedures or 
                        standards for ensuring equivalent water quality 
                        benefits for all credits;
                            ``(ii) establish procedures or standards 
                        for certifying and verifying nitrogen and 
                        phosphorus credits to ensure that credit-
                        generating practices from both point sources 
                        and nonpoint sources are achieving actual 
                        reductions in nitrogen and phosphorus;
                            ``(iii) establish procedures or standards 
                        for generating, quantifying, trading, and 
                        applying credits to meet regulatory 
                        requirements and allow for trading to occur 
                        between and across point source or nonpoint 
                        sources;
                            ``(iv) establish baseline requirements that 
                        a credit seller must meet before becoming 
                        eligible to generate saleable credits;
                            ``(v) establish points-of-regulation at the 
                        sub-State level to facilitate trading and 
                        promote water quality goals under which--
                                    ``(I) States may designate point 
                                sources as points-of-regulation;
                                    ``(II) States may aggregate 
                                multiple sources to serve as points-of-
                                regulation; and
                                    ``(III) the Administrator shall 
                                establish guidelines or standards to 
                                ensure that points-of-regulation shall 
                                be generally consistent across States;
                            ``(vi) ensure that credits are used in 
                        accordance with permit requirements under the 
                        national pollutant discharge elimination system 
                        established under section 402 and trade 
                        requirements have been adequately incorporated 
                        into the permits;
                            ``(vii) ensure that private contracts 
                        between credit buyers and credit sellers 
                        contain adequate provisions to ensure 
                        enforceability under applicable law;
                            ``(viii) establish procedures or standards 
                        for providing public transparency on nutrient 
                        trading activity;
                            ``(ix) ensure that, if the local receiving 
                        water is impaired for the nutrient being traded 
                        but a TMDL has not yet been implemented for the 
                        impairment--
                                    ``(I) trades are required to result 
                                in progress toward or the attainment of 
                                water quality standards in the local 
                                receiving water; and
                                    ``(II) sources in the watershed may 
                                not rely on credits produced outside of 
                                the watershed;
                            ``(x) require that the application of 
                        credits to meet regulatory requirements under 
                        this section not cause or contribute to 
                        exceedances of water quality standards, total 
                        maximum daily loads, or wasteload or load 
                        allocations for affected receiving waters, 
                        including avoidance of localized impacts;
                            ``(xi) except as part of a consent 
                        agreement, prohibit the purchase of credits 
                        from any entity that is in significant 
                        noncompliance with an enforceable permit issued 
                        under section 402;
                            ``(xii) consider and incorporate, to the 
                        maximum extent practicable, elements of State 
                        trading programs in existence as of the date of 
                        enactment of the Chesapeake Clean Water and 
                        Ecosystem Restoration Act of 2009; and
                            ``(xiii) allow for, as appropriate, the 
                        aggregation and banking of credits by third 
                        parties.
                    ``(C) Facilitation of trading.--In order to attract 
                market participants and facilitate the cost-effective 
                achievement of water-quality goals, the Administrator 
                shall ensure that the trading program established under 
                this paragraph--
                            ``(i) includes measures to mitigate credit 
                        buyer risk;
                            ``(ii) makes use of the best available 
                        science in order to minimize uncertainty and 
                        related transaction costs to traders, including 
                        the Administrator, in consultation with the 
                        Secretary of Agriculture, supporting research 
                        and other activities that increase the 
                        scientific understanding of nonpoint nutrient 
                        pollutant loading and the ability of various 
                        structural and nonstructural alternatives to 
                        reduce the loads;
                            ``(iii) eliminates unnecessary or 
                        duplicative administrative processes; and
                            ``(iv) incorporates a permitting approach 
                        under the national pollutant discharge 
                        elimination system established under section 
                        402 that allows trading to occur without 
                        requiring the reopening or reissuance of 
                        permits to incorporate individual trades.
            ``(7) Authority relating to development.--The Administrator 
        shall--
                    ``(A) establish, for projects resulting in 
                impervious development, guidance relating to site 
                planning, design, construction, and maintenance 
                strategies to ensure that the land maintains 
                predevelopment hydrology with regard to the 
                temperature, rate, volume, and duration of flow;
                    ``(B) establish model ordinances and guidelines 
                with respect to the construction of low-impact 
                development infrastructure and nonstructural low-impact 
                development techniques for use by States, local 
                governments, and private entities; and
                    ``(C) not later than 180 days after promulgation of 
                the regulations under subsection (j)(3)(B), issue such 
                guidance, model ordinances, and guidelines as are 
                necessary to carry out this paragraph.
            ``(8) Assistance with respect to stormwater discharges.--
                    ``(A) Grant program.--The Administrator may provide 
                grants to any local government within the Chesapeake 
                Bay watershed that adopts the guidance, ordinances, and 
                guidelines issued under paragraph (7).
                    ``(B) Use of funds.--A grant provided under 
                subparagraph (A) may be used by a local government to 
                pay costs associated with--
                            ``(i) developing, implementing, and 
                        enforcing the guidance, ordinances, and 
                        guidelines issued under paragraph (7); and
                            ``(ii) implementing projects designed to 
                        reduce stormwater discharges.
            ``(9) Consumer and commercial product report.--Not later 
        than 3 years after the date of enactment of the Chesapeake 
        Clean Water and Ecosystem Restoration Act of 2009, the 
        Administrator, in consultation with the Chesapeake Executive 
        Council, shall--
                    ``(A) review consumer and commercial products, the 
                use of which may affect the water quality of the 
                Chesapeake Bay watershed or associated tributaries, to 
                determine whether further product nutrient content 
                restrictions are necessary to restore or maintain water 
                quality in the Chesapeake Bay watershed and those 
                tributaries; and
                    ``(B) submit to the Committees on Appropriations, 
                Environment and Public Works, and Commerce, Science, 
                and Transportation of the Senate and the Committees on 
                Appropriations, Natural Resources, Energy and Commerce, 
                and Transportation and Infrastructure of the House of 
                Representatives a product nutrient report detailing the 
                findings of the review under subparagraph (A).
    ``(l) Prohibition on Introduction of Asian Oysters.--Not later than 
2 years after the date of enactment of the Chesapeake Clean Water and 
Ecosystem Restoration Act of 2009, the Administrator shall promulgate 
regulations--
            ``(1) to designate the Asian oyster as a `biological 
        pollutant' in the Chesapeake Bay and tidal waters pursuant to 
        section 502;
            ``(2) to prohibit the issuance of permits under sections 
        402 and 404 for the discharge of the Asian oyster into the 
        Chesapeake Bay and tidal waters; and
            ``(3) to specify conditions under which scientific research 
        on Asian oysters may be conducted within the Chesapeake Bay and 
        tidal waters.
    ``(m) Chesapeake Nutria Eradication Program.--
            ``(1) Grant authority.--Subject to the availability of 
        appropriations, the Secretary of the Interior (referred to in 
        this subsection as the `Secretary'), may provide financial 
        assistance to the States of Delaware, Maryland, and Virginia to 
        carry out a program to implement measures--
                    ``(A) to eradicate or control nutria; and
                    ``(B) to restore marshland damaged by nutria.
            ``(2) Goals.--The continuing goals of the program shall 
        be--
                    ``(A) to eradicate nutria in the Chesapeake Bay 
                ecosystem; and
                    ``(B) to restore marshland damaged by nutria.
            ``(3) Activities.--In the States of Delaware, Maryland, and 
        Virginia, the Secretary shall require that the program under 
        this subsection consist of management, research, and public 
        education activities carried out in accordance with the 
        document published by the United States Fish and Wildlife 
        Service entitled `Eradication Strategies for Nutria in the 
        Chesapeake and Delaware Bay Watersheds', dated March 2002, or 
        any updates to the document.
    ``(n) Study on the Impacts of the Commercial Harvesting of Menhaden 
on the Water Quality of the Chesapeake Bay.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Fisheries commission.--The term `Fisheries 
                Commission' means the Atlantic States Marine Fisheries 
                Commission established under the interstate compact 
                consented to and approved by pursuant to the Act of May 
                4, 1942 (56 Stat. 267, chapter 283) and the Act of May 
                19, 1949 (63 Stat. 70, chapter 238).
                    ``(B) Fishing.--Except as otherwise provided, the 
                term `fishing'--
                            ``(i) means--
                                    ``(I) the commercial catching, 
                                taking, or harvesting of menhaden, 
                                except when incidental to harvesting 
                                that occurs in the course of commercial 
                                or recreational fish-catching 
                                activities directed at a species other 
                                than menhaden;
                                    ``(II) the attempted commercial 
                                catching, taking, or harvesting of 
                                menhaden; or
                                    ``(III) any operation at sea in 
                                support of, or in preparation for, any 
                                activity described in subclause (I) or 
                                (II); and
                            ``(ii) does not include any scientific 
                        research authorized by the Federal Government 
                        or by any State government.
            ``(2) Study.--Not later than 5 years after the date of 
        enactment of the Chesapeake Clean Water and Ecosystem 
        Restoration Act of 2009, building on the research underway or 
        conducted under the oversight of the National Oceanic and 
        Atmospheric Administration, the Administrator, in cooperation 
        and consultation with the Administrator of the National Oceanic 
        and Atmospheric Administration and the Fisheries Commission, 
        shall conduct and submit to Congress a study for the purposes 
        of determining--
                    ``(A) progress toward understanding the structure 
                of the menhaden population of the Atlantic Coast of the 
                United States and of the Chesapeake Bay;
                    ``(B) the role of the population as filter feeders, 
                including the role of the population with respect to 
                impacting water clarity, dissolved oxygen levels, and 
                other ecosystem functions;
                    ``(C) the role of the population as prey species 
                for predatory fish in the Chesapeake Bay and in coastal 
                ecosystems;
                    ``(D) the impact on the Atlantic coastal and 
                Chesapeake Bay ecosystems of fishing for menhaden;
                    ``(E) the impact on attainment of the water quality 
                goals of this Act of commercial fishing for menhaden; 
                and
                    ``(F) the recommendations of the Administrator, if 
                any, for future sustainable management of such fishing 
                and additional research needed to fully address the 
                progress, roles, and impacts described in this 
                paragraph.
    ``(o) Effect on Other Requirements.--
            ``(1) In general.--Nothing in this section removes or 
        otherwise affects any other obligation for a point source to 
        comply with other applicable requirements under this Act.
            ``(2) Violations by states.--The failure of a State to 
        submit a watershed implementation plan or biennial report, or 
        to correct a previously missed 2-year commitment made in a 
        watershed implementation plan, by the applicable deadline 
        established under this section shall--
                    ``(A) constitute a violation of this Act; and
                    ``(B) subject the State to--
                            ``(i) enforcement action by the 
                        Administrator; and
                            ``(ii) civil actions commenced pursuant to 
                        section 505.
            ``(3) Failure of administrator to act.--The failure of the 
        Administrator to act under this section shall subject the 
        Administrator to civil actions commenced pursuant to section 
        505.
    ``(p) Evaluation by the Inspector General.--The Inspector General 
of the Environmental Protection Agency shall evaluate the 
implementation of this section on a periodic basis of not less than 
once every 3 years.
    ``(q) Authorization of Appropriations.--
            ``(1) Implementation and monitoring grants.--
                    ``(A) Authorization of appropriations.--In addition 
                to amounts authorized to be appropriated or otherwise 
                made available to carry out this section, there are 
                authorized to be appropriated to the Administrator--
                            ``(i) to provide implementation grants 
                        under subsection (e)(3)(A), $80,000,000 for 
                        each of fiscal years 2010 through 2015, to 
                        remain available until expended;
                            ``(ii) to carry out a freshwater monitoring 
                        program under subsection (e)(3)(B), $5,000,000 
                        for each of fiscal years 2010 through 2015; and
                            ``(iii) to carry out a Chesapeake Bay and 
                        tidal water monitoring program under subsection 
                        (e)(3)(B), $5,000,000 for each of fiscal years 
                        2010 through 2015.
                    ``(B) Cost-sharing.--The Federal share of the cost 
                of a program carried out using funds from a grant 
                provided--
                            ``(i) under subparagraph (A)(i) shall not 
                        exceed 50 percent; and
                            ``(ii) under clause (ii) or (iii) of 
                        subparagraph (A) shall not exceed 80 percent.
            ``(2) Chesapeake stewardship grants.--There is authorized 
        to be appropriated to carry out subsection (h)(2) $15,000,000 
        for each of fiscal years 2010 through 2014.
            ``(3) Storm water pollution planning and implementation 
        grants.--
                    ``(A) Authorization of appropriations.--In addition 
                to amounts authorized or otherwise made available to 
                carry out this section, there are authorized to be 
                appropriated to the Administrator--
                            ``(i) to carry out subsection (k)(8)(B)(i), 
                        $10,000,000; and
                            ``(ii) to carry out subsection 
                        (k)(8)(B)(ii), $1,500,000,000.
                    ``(B) Cost-sharing.--A grant provided for a project 
                under--
                            ``(i) subsection (k)(8)(B)(i) may not be 
                        used to cover more than 80 percent of the cost 
                        of the project; and
                            ``(ii) subsection (k)(8)(B)(ii) may not be 
                        used to cover more than 75 percent of the cost 
                        of the project.
            ``(4) Nutria eradication grants.--
                    ``(A) In general.--There is authorized to be 
                appropriated to the Secretary of the Interior to 
                provide financial assistance in the Chesapeake Bay 
                watershed under subsection (m) $4,000,000 for each of 
                fiscal years 2010 through 2015.
                    ``(B) Cost-sharing.--
                            ``(i) Federal share.--The Federal share of 
                        the cost of carrying out the program under 
                        subsection (m) may not exceed 75 percent of the 
                        total costs of the program.
                            ``(ii) In-kind contributions.--The non-
                        Federal share of the cost of carrying out the 
                        program under subsection (m) may be provided in 
                        the form of in-kind contributions of materials 
                        or services.
            ``(5) Limitation on administrative expenses.--Not more than 
        10 percent of the annual amount of any grant provided by the 
        Administrator or Secretary under any program described in 
        paragraph (1), (2), (3), or (4) may be used for administrative 
        expenses.
            ``(6) Availability.--Amounts authorized to be appropriated 
        under this subsection shall remain available until expended.''.
                                 <all>
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