I 

114TH CONGRESS 

1ST SESSION H. R. 3630 

To amend the Federal Water Pollution Control Act to provide assistance 

for programs and activities to protect the water quality of Puget Sound, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 28, 2015 

Mr. HECK of Washington (for himself, Ms. DELBENE, Mr. LARSEN of Washington, Mr. KILMER, Mr. MCDERMOTT, Mr. REICHERT, Mr. SMITH of 

Washington, Mr. DEFAZIO, and Mr. NEWHOUSE) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect 

the water quality of Puget Sound, and for other purposes. 

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 ‘‘Promoting United Gov5 ernment Efforts to Save Our Sound Act’’ or the ‘‘PUGET 

6 SOS Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Puget Sound and its tributary waters are 

4 one of the most ecologically diverse ecosystems in 

5 North America with natural resources that have eco6 logical, economic, and cultural importance to the 

7 United States. The health and productivity of Puget 

8 Sound is not only the cornerstone of the region’s 

9 quality of life and vibrant economy, but its commer10 cial aquaculture, agriculture, and port activities rip11 ple throughout the Nation. 

12 (2) Threats to Puget Sound, such as water pol13 lution, sediment contamination, environmental deg14 radation, and habitat loss, jeopardize the economic 

15 productivity and natural resources that support the 

16 increasing population of the region. 

17 (3) For nearly a decade, State, local, and tribal 

18 governments, cooperative partnerships, and con19 cerned citizens have worked together in a deliberate 

20 and coordinated way to manage resource allocation 

21 toward habitat restoration, improving water quality 

22 and shellfish farms, and developing a body of sci23 entific knowledge, all of which have advanced the 

24 Puget Sound recovery efforts. 

25 (4) Despite significant and nationally recog26 nized accomplishments, the rate of damage to Puget 


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1 Sound still exceeds the rate of recovery. To outpace 

2 mounting pollutants and other cascading negative 

3 impacts, the next step in fortifying the recovery sys4 tem is to align Federal recovery and protection ef5 forts seamlessly with State, local, and tribal invest6 ments. 

7 (5) At this time, water and air pollution, sedi8 ment contamination, habitat loss and decline, and 

9 water flow disruption continue to devastate the fish, 

10 marine mammal, bird, and shellfish populations of 

11 Puget Sound, threatening local economies and tribal 

12 treaty rights and contributing to— 

13 (A) significant declines in the populations 

14 of wild Chinook Salmon, Coho Salmon, Summer 

15 Chum Salmon, Steelhead, and Pacific Herring, 

16 which are essential food sources for humans, 

17 fish, seabirds, mammals, and other wildlife; 

18 (B) risks to the sustainability of fish and 

19 shellfish populations, and their food chains, re20 productive cycles, and habitats, which also 

21 threaten Federal obligations to protect tribal 

22 culture, traditions, and economies; 

23 (C) 113 marine species being listed at risk 

24 or vulnerable to extinction, according to State, 

25 Federal, and provincial lists that identify the 


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1 species of Puget Sound and surrounding areas, 

2 including the iconic population of southern resi3 dent Orca whales; 

4 (D) sediment contaminated with toxic sub5 stances (such as polychlorinated biphenyls 

6 (PCBs), heavy metals (mercury), and oil 

7 (grease)), all of which are polluting Puget 

8 Sound, threatening public health, and posing 

9 significant dangers to humans, fish, and wild10 life; 

11 (E) rivers and beaches that fail to meet 

12 water quality standards and become unsafe for 

13 business and recreational activities, such as 

14 fishing and swimming; 

15 (F) the closing of shellfish beds from con16 taminated pollution caused by sources such as 

17 stormwater and agricultural runoff; and 

18 (G) mortalities and morbidity in shellfish 

19 due to the acidification of Puget Sound. 

20 SEC. 3. DECLARATION OF POLICY; PURPOSE. 

21 (a) DECLARATION OF POLICY.—It is the policy of the 

22 United States that the Federal Government should sup23 port, partner, and collaborate with the regional efforts 

24 that are addressing environmental and natural resource 

25 issues involving Puget Sound because— 


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1 (1) Puget Sound is a national treasure, the re2 covery and protection of which will significantly con3 tribute to the environmental, cultural, and economic 

4 well-being of the United States; 

5 (2) a more deliberate coordination of Federal 

6 investments with regional, local, and tribal recovery 

7 and preservation efforts will be the most effective 

8 and efficient use of public resources; and 

9 (3) it is the role of the Federal Government to 

10 align its efforts and resources to— 

11 (A) fully implement and enforce the goals 

12 of the Federal Water Pollution Control Act, the 

13 Endangered Species Act of 1973, and all other 

14 Federal laws that contribute to the recovery 

15 and protection of Puget Sound; 

16 (B) uphold Federal trust responsibilities to 

17 restore and protect resources crucial to tribal 

18 treaty rights; 

19 (C) support regional, local, and tribal ef20 forts to address environmental challenges and 

21 (D) encourage local citizen and community 

22 stewardship. 

23 (b) PURPOSE.—It is the purpose of this Act to ensure 

24 that the recovery and protection programs, projects, and 

25 initiatives that the Federal Government undertakes in, or 


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1 that otherwise impact, Puget Sound are actively coordi2 nated and aligned with the protection of tribal treaty 

3 rights as well as State, regional, local, and tribal Puget 

4 Sound recovery efforts, as reflected in the Action Agenda, 

5 a regionally developed, federally approved plan, in order 

6 to make the most efficient and effective use of Federal 

7 and other public resources. 

8 SEC. 4. PUGET SOUND COORDINATED RECOVERY. 

9 Title I of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘SEC. 123. PUGET SOUND. 

13 ‘‘(a) DEFINITIONS.—In this section, the following 

14 definitions apply: 

15 ‘‘(1) CO-CHAIRS.—The term ‘Co-Chairs’ means 

16 the co-chairs of the Task Force. 

17 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

18 the Director of the Program Office. 

19 ‘‘(3) EXECUTIVE DIRECTOR.—The term ‘Execu20 tive Director’ means the Executive Director of the 

21 Puget Sound Partnership. 

22 ‘‘(4) INTERNATIONAL JOINT COMMISSION.—The 

23 term ‘International Joint Commission’ means the 

24 International Joint Commission established by the 


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1 United States and Canada under the Boundary 

2 Waters Treaty of 1909. 

3 ‘‘(5) PACIFIC SALMON COMMISSION.—The term 

4 ‘Pacific Salmon Commission’ means the Pacific 

5 Salmon Commission established by the United 

6 States and Canada under the Pacific Salmon Trea7 ty. 

8 ‘‘(6) PROGRAM OFFICE; OFFICE.—The term 

9 ‘Program Office’ or ‘Office’ means the Puget Sound 

10 Recovery National Program Office of the Environ11 mental Protection Agency established by this sec12 tion. 

13 ‘‘(7) PUGET SOUND.—The term ‘Puget Sound’ 

14 means the estuary that is an arm of the Pacific 

15 Ocean, extends inland, and meets 19 different river 

16 basins. The Puget Sound region includes all of the 

17 water that falls on the Olympic and Cascade Moun18 tains and flows to meet Puget Sound’s marine 

19 waters. The Puget Sound region covers the land and 

20 waters in the northwest corner of the State of Wash21 ington from the Canadian border to the north to the 

22 Pacific Ocean on the west, including Hood Canal 

23 and the Strait of Juan de Fuca. 

24 ‘‘(8) PUGET SOUND ACTION AGENDA; ACTION

25 AGENDA.—The term ‘Puget Sound Action Agenda’ 


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1 or ‘Action Agenda’ means the most recent Puget 

2 Sound Action Agenda developed by the Management 

3 Conference under the leadership of the Puget Sound 

4 Partnership and adopted by the Environmental Pro5 tection Agency as the Federal Government’s Puget 

6 Sound Comprehensive Conservation Management 

7 Plan (CCMP). 

8 ‘‘(9) PUGET SOUND COMPREHENSIVE CON9 SERVATION AND MANAGEMENT PLAN.—The term 

10 ‘Puget Sound Comprehensive Conservation and 

11 Management Plan’ or ‘Puget Sound CCMP’ means 

12 the Puget Sound recovery plan developed by the 

13 Management Conference, and approved by the Envi14 ronmental Protection Agency under the National Es15 tuary Program. 

16 ‘‘(10) PUGET SOUND ECOSYSTEM COORDINA17 TION BOARD.—The term ‘Puget Sound Ecosystem 

18 Coordination Board’ means the Puget Sound Eco19 system Coordination Board established under the 

20 laws of the State of Washington (section 90.71.250 

21 of the Revised Code of Washington). 

22 ‘‘(11) STATE ADVISORY COMMITTEE.—The 

23 term ‘State Advisory Committee’ means— 

24 ‘‘(A) the advisory committee that includes 

25 the Chairs and Co-Chairs of the following State 


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1 of Washington committees: the Puget Sound 

2 Leadership Council, the Puget Sound Eco3 system Coordination Board, the Puget Sound 

4 Salmon Recovery Council, and the Puget Sound 

5 Science Panel; and 

6 ‘‘(B) in addition, includes the Executive 

7 Director of the Puget Sound Partnership, 1 

8 representative of the Washington State Depart9 ment of Ecology, 1 representative of the Wash10 ington State Department of Natural Resources, 

11 and 1 representative of the Washington State 

12 Department of Fish and Wildlife. 

13 ‘‘(12) TRIBAL ADVISORY COMMITTEE.—The 

14 term ‘Tribal Advisory Committee’ means the advi15 sory committee that includes the Chairperson of 

16 each federally recognized Indian tribe with federally 

17 adjudicated, treaty-reserved fishing rights in the 

18 Puget Sound region, or their designees. 

19 ‘‘(13) PUGET SOUND FEDERAL CAUCUS.—The 

20 term ‘Puget Sound Federal Caucus’ means the 

21 Puget Sound Federal Caucus established in 2007 

22 under a memorandum of understanding among 13 

23 Federal agencies. 

24 ‘‘(14) PUGET SOUND FEDERAL LEADERSHIP

25 TASK FORCE; TASK FORCE.—The term ‘Puget Sound 


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1 Federal Leadership Task Force’ or ‘Task Force’ 

2 means the Puget Sound Federal Leadership Task 

3 Force established by this section. 

4 ‘‘(15) PUGET SOUND LEADERSHIP COUNCIL.— 

5 The term ‘Puget Sound Leadership Council’ means 

6 the governing body of the Puget Sound Partnership 

7 that— 

8 ‘‘(A) has 7 members who are leading citi9 zens chosen from around the Puget Sound and 

10 appointed by the Governor of Washington; and 

11 ‘‘(B) was established under the laws of the 

12 State of Washington (section 90.71.220 of the 

13 Revised Code of Washington). 

14 ‘‘(16) PUGET SOUND PARTNERSHIP.—The term 

15 ‘Puget Sound Partnership’ means the State agency 

16 that is established under the laws of the State of 

17 Washington (section 90.71.210 of the Revised Code 

18 of Washington) to protect and restore Puget Sound, 

19 and has been designated by the Environmental Pro20 tection Agency as the lead entity to support the 

21 management conference for Puget Sound, or any 

22 successor entity at law. 

23 ‘‘(17) PUGET SOUND SALMON RECOVERY COUN24 CIL.—The term ‘Puget Sound Salmon Recovery 


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1 Council’ means the regional body of policy decision2 makers that— 

3 ‘‘(A) advise the Puget Sound Leadership 

4 Council on decisions relating to salmon recovery 

5 and the implementation of the Puget Sound 

6 Salmon Recovery Plan; and 

7 ‘‘(B) includes representatives from agricul8 tural, business, and environmental organiza9 tions, Federal Government, State government, 

10 Indian tribes with federally adjudicated, treaty11 reserved fishing rights in the Puget Sound re12 gion, and local salmon recovery watersheds. 

13 ‘‘(18) PUGET SOUND SCIENCE PANEL.—The 

14 term ‘Puget Sound Science Panel’ means the panel 

15 that— 

16 ‘‘(A) provides independent, nonrepresenta17 tional scientific advice and expertise in identi18 fying environmental indicators and benchmarks 

19 for incorporation into the Puget Sound Action 

20 Agenda; and 

21 ‘‘(B) was established under the laws of the 

22 State of Washington (section 90.71.270 of the 

23 Revised Code of Washington). 

24 ‘‘(19) SALISH SEA.—The term ‘Salish Sea’ 

25 means the network of coastal waterways on the west 


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1 coast of North America that includes the Puget 

2 Sound, the Strait of Georgia, and the Strait of Juan 

3 de Fuca. 

4 ‘‘(b) PRESERVATION OF TREATY OBLIGATIONS AND

5 EXISTING FEDERAL STATUS.— 

6 ‘‘(1) TRIBAL TREATY RIGHTS.—This section is 

7 not intended to nor shall it in any way limit, condi8 tion, abrogate, authorize the regulation of, or other9 wise adversely affect any right reserved by treaty be10 tween the United States and 1 or more Indian 

11 tribes. 

12 ‘‘(2) NATIONAL ESTUARY PROGRAM.—Nothing 

13 in this section shall alter the requirements or status 

14 of the Puget Sound under the National Estuary 

15 Program. 

16 ‘‘(3) OTHER FEDERAL LAW.—Nothing in this 

17 section shall modify the requirements and proce18 dures of other Federal law. 

19 ‘‘(c) ADDITIONAL REQUIREMENTS FOR PUGET

20 SOUND COMPREHENSIVE CONSERVATION MANAGEMENT

21 PLAN.— 

22 ‘‘(1) IN GENERAL.—The Administrator of the 

23 Environmental Protection Agency shall approve the 

24 Comprehensive Conservation Management Plan for 


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1 the Puget Sound region only if that Plan supports, 

2 proposes to carry out, and is consistent with— 

3 ‘‘(A) the protection and preservation of 

4 tribal treaty rights, given the status of treaties 

5 under the Constitution as the supreme law of 

6 the land; 

7 ‘‘(B) the Endangered Species Act of 1973 

8 and the State of Washington’s federally ap9 proved salmon recovery plans; 

10 ‘‘(C) the Coastal Zone Management Act of 

11 1972, its reauthorizing amendments, and the 

12 State of Washington’s federally approved coast13 al nonpoint pollution control program; 

14 ‘‘(D) this Act and the State of Washing15 ton’s federally approved State water quality 

16 standards; and 

17 ‘‘(E) other applicable Federal require18 ments. 

19 ‘‘(d) CONSISTENCY.— 

20 ‘‘(1) IN GENERAL.—All Federal Agencies rep21 resented on the Puget Sound Federal Leadership 

22 Task Force shall act consistently with the protection 

23 of tribal, treaty-reserved rights and, to the greatest 

24 extent practicable given their existing obligations 

25 under Federal law, act consistently with the objecVerDate Sep 11 2014 00:56 Sep 30, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3630.IH H3630

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1 tives and priorities of the Action Agenda, as adopted 

2 as the Puget Sound CCMP, when— 

3 ‘‘(A) conducting Federal agency activities 

4 within or outside the Puget Sound ecosystem 

5 that affect any land or water use or natural re6 sources of Puget Sound and its tributary 

7 waters, including activities performed by a con8 tractor for the benefit of a Federal agency; 

9 ‘‘(B) interpreting and enforcing regulations 

10 that impact the recovery and preservation of 

11 Puget Sound; 

12 ‘‘(C) issuing Federal licenses or permits 

13 that impact the recovery and preservation of 

14 Puget Sound; and 

15 ‘‘(D) granting Federal assistance to State, 

16 local, and tribal governments for activities re17 lated to the recovery and preservation of Puget 

18 Sound. 

19 ‘‘(2) EXEMPTIONS.—Any Federal agency activ20 ity necessary for national security, deemed by the 

21 President to be in the paramount interest of the 

22 United States, or determined by the Task Force, in 

23 consultation with the State Advisory Committee and 

24 the Tribal Advisory Committee to be necessary to 

25 complete a project that was approved prior to the 


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1 enactment of this Act shall be exempt from the con2 sistency requirements established in paragraph (1). 

3 ‘‘(e) PUGET SOUND RECOVERY NATIONAL PROGRAM

4 OFFICE.— 

5 ‘‘(1) ESTABLISHMENT.—There is established in 

6 the Environmental Protection Agency a Puget 

7 Sound Recovery National Program Office to be lo8 cated in the State of Washington. 

9 ‘‘(2) APPOINTMENT OF DIRECTOR.—The Ad10 ministrator shall appoint a Director of the Office, 

11 who, by reason of prior leadership and project man12 agement experience shall be highly qualified to— 

13 ‘‘(A) support the integration of multiple 

14 project planning efforts and programs from dif15 ferent agencies and jurisdictions; and 

16 ‘‘(B) align numerous and often conflicting 

17 needs toward implementing a shared action 

18 agenda with visible and measurable outcomes. 

19 ‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— 

20 The Administrator shall delegate to the Director 

21 such authority and provide such additional staff as 

22 may be necessary to carry out this subsection. 

23 ‘‘(4) DUTIES.—The Director shall— 

24 ‘‘(A) coordinate and manage the timely 

25 execution of the Environmental Protection 


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1 Agency’s role described in this section, includ2 ing the formation and meetings of the Task 

3 Force and the reporting requirements described 

4 in subsection (i); 

5 ‘‘(B) coordinate Puget Sound recovery, 

6 protection, and restoration actions, programs, 

7 grants, science, research, and initiatives across 

8 the Agency; 

9 ‘‘(C) coordinate and align the Agency’s 

10 strategies, policies, studies, programs, and ac11 tivities with the Puget Sound Action Agenda; 

12 ‘‘(D) promote the efficient use of Agency 

13 resources in pursuit of Puget Sound recovery; 

14 ‘‘(E) serve on the Task Force and collabo15 rate with, help coordinate, and implement strat16 egies, policies, studies, programs, and activities 

17 with other Federal agencies that have respon18 sibilities involving Puget Sound recovery and 

19 protection; 

20 ‘‘(F) provide or procure such other advice, 

21 technical assistance, research, assessments, 

22 monitoring, or other support or enforcement as 

23 is deemed necessary or prudent to most effi24 ciently and effectively fulfill the objectives and 

25 priorities of the Action Agenda consistent with 


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1 the methodologies and systems of the Puget 

2 Sound Partnership and to ensure that the 

3 health of the system is thereafter maintained; 

4 ‘‘(G) track the progress of the Environ5 mental Protection Agency toward meeting the 

6 Agency’s specified goals and objectives within 

7 the Action Agenda in a manner consistent with 

8 the methodologies used by the Puget Sound 

9 Partnership; 

10 ‘‘(H) utilize systems, methodologies, and 

11 frameworks that are— 

12 ‘‘(i) effective and cost-efficient; 

13 ‘‘(ii) consistent with the Agency’s 

14 goals, and the same as, or readily compat15 ible with, the systems, methodologies, clas16 sifications and frameworks, of the Action 

17 Agenda, and regulatory permitting proc18 esses; and 

19 ‘‘(iii) consistent with the implementa20 tion of this Act, the Endangered Species 

21 Act of 1973, and all other Federal laws 

22 that contribute to the recovery and protec23 tion of Puget Sound, including those that 

24 protect tribal treaty rights; 


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1 ‘‘(I) serve as liaison and coordinate 

2 projects, programs, and studies for the recovery 

3 and protection of the Salish Sea, with Canadian 

4 authorities, the Pacific Salmon Commission, 

5 and the International Joint Commission; and 

6 ‘‘(J) carry out such additional duties as 

7 the Administrator determines necessary and ap8 propriate. 

9 ‘‘(f) PUGET SOUND FEDERAL LEADERSHIP TASK

10 FORCE.— 

11 ‘‘(1) ESTABLISHMENT.—There is established a 

12 Puget Sound Federal Leadership Task Force. 

13 ‘‘(2) PURPOSE.—The purpose of the Task 

14 Force shall be to build upon the current membership 

15 of the Puget Sound Federal Caucus in order to— 

16 ‘‘(A) provide a venue for dialogue and co17 ordination across all Federal agencies on the 

18 Task Force to align Federal resources for the 

19 purposes of achieving this section and all other 

20 Federal laws that contribute to the recovery 

21 and protection of Puget Sound, including those 

22 that protect tribal treaty rights; 

23 ‘‘(B) work with the Tribal Advisory Com24 mittee and the State Advisory Committee to 

25 align and coordinate Federal actions impacting 


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1 Puget Sound with the actions of State, local, 

2 and tribal governments and other stakeholders 

3 as they have been coordinated and prioritized in 

4 the Puget Sound Action Agenda; 

5 ‘‘(C) raise national awareness of the sig6 nificance Puget Sound and thereby increase the 

7 importance of investment in its recovery, res8 toration and protection efforts; 

9 ‘‘(D) promote the efficient use of govern10 ment resources in pursuit of Puget Sound re11 covery through coordination and collaboration; 

12 and 

13 ‘‘(E) catalyze public leaders at all levels to 

14 work together toward shared goals by dem15 onstrating interagency best practices coming 

16 from the Federal partners. 

17 ‘‘(3) DUTIES.— 

18 ‘‘(A) PARTICIPATION OF TRIBAL ADVISORY

19 COMMITTEE AND STATE ADVISORY COM20 MITTEE.—The Task Force shall carry out its 

21 duties with input from and in collaboration with 

22 the Tribal Advisory Committee and the State 

23 Advisory Committee. 

24 ‘‘(B) GENERAL DUTIES.—The Task Force 

25 shall— 


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1 ‘‘(i) enable and encourage the Federal 

2 agencies represented on the Puget Sound 

3 Federal Leadership Task Force to act con4 sistently with the objectives and priorities 

5 of the Action Agenda and the protection of 

6 tribal treaty rights, as described in sub7 section (d); 

8 ‘‘(ii) facilitate the coordination of 

9 Federal activities that impact the recovery 

10 and protection of Puget Sound; 

11 ‘‘(iii) facilitate the delivery of feed12 back given by Federal agencies to the 

13 Puget Sound Partnership during the devel14 opment of the Action Agenda; and 

15 ‘‘(iv) facilitate the resolution of (and, 

16 if necessary, seek to mediate in cooperation 

17 with the Executive Office of the President) 

18 interagency conflicts associated with the 

19 recovery and protection of Puget Sound 

20 among the agencies represented on the 

21 Task Force. 

22 ‘‘(C) FEEDBACK BY FEDERAL AGEN23 CIES.—The feedback given by Federal agencies 

24 under subparagraph (B)(iii) shall consider, at a 


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1 minimum, possible Federal actions designed 

2 to— 

3 ‘‘(i) further the strategic initiatives, 

4 strategies, goals, targets, and actions of 

5 the Action Agenda; 

6 ‘‘(ii) implement and enforce this Act, 

7 the Endangered Species Act of 1973, and 

8 all other Federal laws that contribute to 

9 the recovery and protection of Puget 

10 Sound, including those that protect tribal 

11 treaty rights; 

12 ‘‘(iii) prevent the introduction and 

13 spread of invasive species; 

14 ‘‘(iv) prevent the destruction of ma15 rine and wildlife habitats; 

16 ‘‘(v) protect, restore, and conserve for17 ests, wetlands, riparian zones, and near18 shore waters that provide marine and wild19 life habitat; 

20 ‘‘(vi) promote resilience to climate 

21 change and ocean acidification effects; 

22 ‘‘(vii) improve water quality and re23 store cleaner water; 


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1 ‘‘(viii) conserve and recover endan2 gered species under the Endangered Spe3 cies Act of 1973; 

4 ‘‘(ix) restore fisheries so that they are 

5 sustainable and productive; 

6 ‘‘(x) preserve biodiversity; 

7 ‘‘(xi) restore and protect ecosystem 

8 services that provide clean water, filter 

9 toxic chemicals, and increase ecosystem re10 silience; and 

11 ‘‘(xii) improve water quality and re12 store wildlife habitat by preventing and 

13 managing stormwater runoff, incorporating 

14 erosion control techniques, and using sus15 tainable stormwater practices. 

16 ‘‘(D) ADDITIONAL DUTIES.—The Task 

17 Force shall carry out the following additional 

18 duties: 

19 ‘‘(i) Provide a forum for exchanging 

20 information among agencies regarding re21 sources, programs, projects, and activities 

22 being conducted, including obstacles or ef23 ficiencies found, during Puget Sound re24 covery and protection activities. 


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1 ‘‘(ii) Ensure that the science nec2 essary for recovery and protection of Puget 

3 Sound is coordinated, planned, and imple4 mented efficiently across the Federal Gov5 ernment. Provide advice and support on 

6 scientific and technical issues and act as a 

7 forum for the exchange of scientific infor8 mation about Puget Sound. Ensure that 

9 new information, science, and data is in10 corporated into agency feedback on the Ac11 tion Agenda. 

12 ‘‘(iii) Work in collaboration with the 

13 Administrator and the Secretary of State 

14 on international issues concerning Puget 

15 Sound. Ensure that Puget Sound recovery 

16 and protection projects, programs, and 

17 studies are consistent with ongoing recov18 ery and protection and related efforts in 

19 the Salish Sea that are being conducted by 

20 Canadian authorities, the Pacific Salmon 

21 Commission, and the International Joint 

22 Commission. 

23 ‘‘(iv) Convene and establish a process 

24 for collaboration among Task Force mem25 bers and, if necessary, other stakeholders. 


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1 Establish any necessary working groups or 

2 advisory committees necessary to assist the 

3 Task Force in its duties, including public 

4 policy and scientific issues. 

5 ‘‘(v) Work with the Office of Manage6 ment and Budget to give necessary input 

7 on the crosscut budget to be developed 

8 under this subsection (l). 

9 ‘‘(vi) Provide outreach and education 

10 on the recovery and protection of Puget 

11 Sound, including what others can do to 

12 help with its recovery. 

13 ‘‘(vii) Approve allocations of donated 

14 funds, ensuring that the allocations are 

15 consistent with Puget Sound recovery and 

16 protection projects, activities, and pro17 grams detailed in the Action Agenda. 

18 ‘‘(viii) Develop a biennial report, as 

19 described in subsection (k), to be sub20 mitted to the President, Congress, and the 

21 Governor of Washington. 

22 ‘‘(4) MEMBERSHIP.— 

23 ‘‘(A) IN GENERAL.—The membership of 

24 the Task Force shall include representatives of 

25 Federal agencies that have responsibilities and 


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1 authorities that govern recovery, conservation, 

2 and protection of the Puget Sound ecosystem, 

3 its tributaries, and watersheds. 

4 ‘‘(B) QUALIFICATIONS.—Members ap5 pointed under this paragraph shall have experi6 ence and expertise in matters of recovery and 

7 protection of large watersheds and bodies of 

8 water or related experience that will benefit the 

9 recovery and protection effort of the Puget 

10 Sound ecosystem. 

11 ‘‘(C) COMPOSITION.—The Task Force 

12 shall be composed of the following members: 

13 ‘‘(i) SECRETARY OF AGRICULTURE.— 

14 The following individuals appointed by the 

15 Secretary of Agriculture (or the Sec16 retary’s designee). 

17 ‘‘(I) A representative of the Na18 tional Forest Service. 

19 ‘‘(II) A representative of the Na20 tional Resources Conservation Service. 

21 ‘‘(ii) BONNEVILLE POWER ADMINIS22 TRATION.—A representative of the Bonne23 ville Power Administration appointed by 

24 the Administrator of the Bonneville Power 


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1 Administration (or the Administrator’s 

2 designee). 

3 ‘‘(iii) SECRETARY OF COMMERCE.—A 

4 representative of the National Oceanic and 

5 Atmospheric Administration appointed by 

6 the Secretary of Commerce (or the Sec7 retary’s designee). 

8 ‘‘(iv) SECRETARY OF DEFENSE.—The 

9 following individuals appointed by the Sec10 retary of Defense (or the Secretary’s des11 ignee): 

12 ‘‘(I) A representative of the 

13 Corps of Engineers. 

14 ‘‘(II) A representative of the 

15 Joint Base Lewis McChord. 

16 ‘‘(III) A representative of the 

17 Navy Region Northwest. 

18 ‘‘(v) ADMINISTRATOR OF ENVIRON19 MENTAL PROTECTION AGENCY.—A rep20 resentative of the Puget Sound Recovery 

21 National Program Office appointed by the 

22 Administrator (or the Administrator’s des23 ignee). 

24 ‘‘(vi) SECRETARY OF HOUSING AND

25 URBAN DEVELOPMENT.—A representative 


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1 of the Department of Housing and Urban 

2 Development appointed by the Secretary of 

3 Housing and Urban Development (or the 

4 Secretary’s designee). 

5 ‘‘(vii) SECRETARY OF HOMELAND SE6 CURITY.—The following individuals ap7 pointed by the Secretary of Homeland Se8 curity (or the Secretary’s designee): 

9 ‘‘(I) A representative of the 

10 Coast Guard. 

11 ‘‘(II) A representative of the 

12 Federal Emergency Management 

13 Agency. 

14 ‘‘(viii) SECRETARY OF INTERIOR.— 

15 The following individuals appointed by the 

16 Secretary of the Interior (or the Sec17 retary’s designee): 

18 ‘‘(I) A representative of the Bu19 reau of Indian Affairs. 

20 ‘‘(II) A representative of the 

21 United States Fish and Wildlife Serv22 ice. 

23 ‘‘(III) A representative of the 

24 United States Geological Survey. 


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1 ‘‘(IV) A representative of the Re2 silient Lands and Waters Initiative. 

3 ‘‘(V) A representative of the Na4 tional Park Service. 

5 ‘‘(ix) SECRETARY OF STATE.—A rep6 resentative of the Office of Treaty Affairs 

7 appointed by the Secretary of State (or the 

8 Secretary’s designee). 

9 ‘‘(x) SECRETARY OF TRANSPOR10 TATION.—The following individuals ap11 pointed by the Secretary of Transportation 

12 (or the Secretary’s designee): 

13 ‘‘(I) A representative of the Fed14 eral Highway Administration. 

15 ‘‘(II) A representative of the 

16 Federal Transit Administration. 

17 ‘‘(xi) TASK FORCE.—Representatives 

18 of such other agencies, programs, and ini19 tiatives as the Task Force determines nec20 essary. 

21 ‘‘(5) LEADERSHIP.—The Co-Chairs shall ensure 

22 the Task Force completes its duties through robust 

23 discussion of all relevant issues and with the partici24 pation of all members. The Co-Chairs shall share 

25 leadership responsibilities equally. 


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1 ‘‘(6) CO-CHAIRS.—The following members of 

2 the Task Force appointed under paragraph (4) shall 

3 serve as Co-Chairs of the Task Force: 

4 ‘‘(A) The representative of the National 

5 Oceanic and Atmospheric Administration. 

6 ‘‘(B) The representative of the Environ7 mental Protection Agency’s Puget Sound Re8 covery National Program Office. 

9 ‘‘(C) The representative of the United 

10 States Fish and Wildlife Service. 

11 ‘‘(7) MEETINGS.— 

12 ‘‘(A) INITIAL MEETING.—The Task Force 

13 shall meet not later than 180 days after the 

14 date of enactment of this section— 

15 ‘‘(i) to determine if all Federal agen16 cies are properly represented; 

17 ‘‘(ii) to establish the bylaws of the 

18 Task Force; 

19 ‘‘(iii) to establish necessary working 

20 groups or committees; and 

21 ‘‘(iv) to determine subsequent meeting 

22 times, dates, and logistics. 

23 ‘‘(B) SUBSEQUENT MEETINGS.—After the 

24 initial meeting, the Task Force shall meet, at a 


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1 minimum, twice per year to carry out the duties 

2 of the Task Force. 

3 ‘‘(C) WORKING GROUP MEETINGS.—Meet4 ings of any established working groups or com5 mittees of the Task Force shall not count to6 ward the minimum biannual meeting require7 ment of the full Task Force. 

8 ‘‘(D) JOINT MEETINGS.—The Task Force 

9 shall meet jointly with the Tribal Advisory 

10 Committee and the State Advisory Committee, 

11 at a minimum, twice per year. These meetings 

12 may substitute for the minimum biannual meet13 ings of the full Task Force, if mutually agreed 

14 upon by all participants. 

15 ‘‘(E) QUORUM.—A majority number of the 

16 members of the Task Force shall constitute a 

17 quorum. 

18 ‘‘(F) VOTING.—For the Task Force to 

19 pass a measure, a two-thirds percentage of the 

20 quorum must vote in the affirmative. 

21 ‘‘(g) TRIBAL ADVISORY COMMITTEE.— 

22 ‘‘(1) PROVIDING ADVICE AND RECOMMENDA23 TIONS FOR TASK FORCE.—The Task Force shall 

24 seek the advice and recommendations of the Tribal 

25 Advisory Committee on the actions, progress, and 


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1 issues pertaining to recovery and protection of Puget 

2 Sound. 

3 ‘‘(2) DUTIES.—Congress recognizes that the 

4 duties of the Tribal Advisory Committee shall in5 clude the following: 

6 ‘‘(A) Serve as a liaison to the Task Force 

7 on Puget Sound recovery in order to promote 

8 and coordinate the protection of tribal treaty 

9 rights. 

10 ‘‘(B) Advise the Task Force on progress 

11 and barriers toward the protection of tribal 

12 treaty rights. 

13 ‘‘(C) Advise the Task Force on the consist14 ency of Federal agency activities with the Ac15 tion Agenda and the protection of tribal treaty 

16 rights, as described in subsection (d). 

17 ‘‘(D) Consult on nongovernmental projects 

18 and projects sponsored by State, local, and trib19 al governments to ensure that Federal actions 

20 are not duplicative of other recovery efforts and 

21 are conducted in an efficient manner. 

22 ‘‘(E) Serve as a liaison between the Tribes 

23 of the Puget Sound region and the Task Force 

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1 grams, and actions to be included in the Action 

2 Agenda. 

3 ‘‘(F) Provide recommendations on the Fed4 eral resources necessary to fully protect tribal 

5 treaty rights. 

6 ‘‘(G) Provide an annual list of projects, 

7 programs, and studies to implement the pro8 grams and actions necessary for Puget Sound 

9 recovery and the protection of tribal treaty 

10 rights. 

11 ‘‘(H) Advise the Task Force on the nec12 essary outreach and educational programs re13 lated to— 

14 ‘‘(i) tribal treaty rights; 

15 ‘‘(ii) the state of Puget Sound; 

16 ‘‘(iii) the programs and actions being 

17 implemented; and 

18 ‘‘(iv) how communities and the public 

19 can help with prevention, recovery, and 

20 protection efforts. 

21 ‘‘(h) STATE ADVISORY COMMITTEE.— 

22 ‘‘(1) PROVIDING ADVICE AND RECOMMENDA23 TIONS FOR TASK FORCE.—The Task Force shall 

24 seek the advice and recommendations of the State 

25 Advisory Committee on the actions, progress, and 


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1 issues pertaining to recovery and protection of Puget 

2 Sound. 

3 ‘‘(2) DUTIES.—Congress recognizes that the 

4 duties of the State Advisory Committee shall include 

5 the following: 

6 ‘‘(A) Serve as a liaison to the Task Force 

7 on Puget Sound recovery in order to coordinate 

8 the continuing work of the Action Agenda to 

9 prioritize, coordinate, track, and assess the 

10 work of State, local, tribal and other partners. 

11 ‘‘(B) Advise the Task Force on progress 

12 and barriers toward reaching the shared goals, 

13 objectives, and targets in the Action Agenda. 

14 ‘‘(C) Advise the Task Force on the consist15 ency of Federal agency activities with the Ac16 tion Agenda and the protection of tribal treaty 

17 rights, as described in subsection (d). 

18 ‘‘(D) Consult on nongovernmental projects 

19 and projects sponsored by State, local, and trib20 al governments to ensure that Federal actions 

21 are not duplicative of other recovery efforts and 

22 are conducted in an efficient manner. 

23 ‘‘(E) Serve as a liaison between the Puget 

24 Sound Partnership and the Task Force on the 

25 development of necessary guidelines, criteria, 


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1 schedules, and due dates for projects, programs, 

2 and actions to be included in the Action Agen3 da. 

4 ‘‘(F) Provide recommendations on the Fed5 eral resources necessary to implement the ac6 tions, programs, and initiatives identified as 

7 priorities under the Action Agenda. 

8 ‘‘(G) Provide an annual list of projects, 

9 programs, and studies to implement the pro10 grams and actions necessary for Puget Sound 

11 recovery. 

12 ‘‘(H) Advise on the necessary outreach and 

13 educational programs related to— 

14 ‘‘(i) the state of Puget Sound; 

15 ‘‘(ii) the programs and actions being 

16 implemented; and 

17 ‘‘(iii) how communities and the public 

18 can help with prevention, recovery, and 

19 protection efforts. 

20 ‘‘(i) TASK FORCE, TRIBAL ADVISORY COMMITTEE, 

21 AND STATE ADVISORY COMMITTEE PROCEDURES AND

22 ADVICE.— 

23 ‘‘(1) PUBLIC PARTICIPATION.— 

24 ‘‘(A) IN GENERAL.—The Task Force shall 

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1 ticipation in the advisory process, if necessary, 

2 including providing advance notice of meetings, 

3 providing adequate opportunity for public input 

4 and comment, maintaining appropriate records, 

5 and making a record of proceedings of meetings 

6 available to the public. 

7 ‘‘(B) OVERSIGHT.—The Co-Chairs shall 

8 ensure that the procedures described in sub9 paragraph (A) are adopted and implemented 

10 and that the records described in subparagraph 

11 (A) are accurately maintained and available to 

12 the public. 

13 ‘‘(2) ADVISORS.—The Task Force, and any 

14 working group of the Task Force, may seek advice 

15 and input from any interested, knowledgeable, or af16 fected party as the Task Force or working group, re17 spectively, determines necessary to perform its du18 ties. 

19 ‘‘(3) FEDERAL ADVISORY COMMITTEE ACT.— 

20 ‘‘(A) IN GENERAL.—The Task Force, and 

21 any working group of the Task Force, shall not 

22 be considered an advisory committee under the 

23 Federal Advisory Committee Act (5 U.S.C. 

24 App.). 


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1 ‘‘(B) SEEKING ADVICE AND INPUT.—Seek2 ing advice and input from the Tribal Advisory 

3 Committee, State Advisory Committee, or other 

4 interested, knowledgeable, or affected persons, 

5 shall not be considered an advisory committee 

6 under the Federal Advisory Committee Act (5 

7 U.S.C. App.) when working on behalf of the 

8 Task Force. 

9 ‘‘(4) COMPENSATION.—A member of the Task 

10 Force shall receive no additional compensation for 

11 service as a member on the Task Force. 

12 ‘‘(5) TRAVEL EXPENSES.—Travel expenses in13 curred by a member of the Task Force in the per14 formance of services for the Task Force shall be 

15 paid by the agency or department that the member 

16 represents. 

17 ‘‘(6) ADVISORY COMMITTEE MEETINGS.—The 

18 Tribal Advisory Committee and State Advisory Com19 mittee may meet independently of the Task Force at 

20 the discretion of their members. 

21 ‘‘(j) DONATIONS.— 

22 ‘‘(1) ESTABLISHMENT.—There is established in 

23 the Treasury a Save America’s Puget Sound Fund 

24 (in this section referred to as the ‘Fund’) consisting 


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1 of amounts deposited into the Fund under para2 graph (3). 

3 ‘‘(2) AUTHORITY TO ACCEPT GIFTS.—The Sec4 retary of the Interior may accept, hold, administer, 

5 and spend any gift, devise, or bequest of real prop6 erty, personal property, or money made on the con7 dition that the gift, devise, or bequest be used in a 

8 manner that is consistent with this subsection. 

9 ‘‘(3) DEPOSITS.—The Secretary of the Treas10 ury shall deposit into the Fund— 

11 ‘‘(A) all gifts and bequests of money, and 

12 the proceeds of the sale of property, received 

13 under paragraph (2); and 

14 ‘‘(B) other amounts appropriated to the 

15 Fund. 

16 ‘‘(4) AVAILABILITY TO SECRETARY.—Monies 

17 deposited into the Fund shall be available to the 

18 Secretary of the Interior, without further appropria19 tion, to assist in conducting Puget Sound recovery 

20 and protection projects, activities, and programs 

21 that are detailed in the Action Agenda and approved 

22 after due consultation with the Puget Sound Part23 nership. 

24 ‘‘(5) TRANSFER OF FUNDS.—Subject to concur25 rence by the Task Force, the Secretary of the InteVerDate Sep 11 2014 00:56 Sep 30, 2015 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H3630.IH H3630

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1 rior may transfer amounts made available under 

2 paragraph (4) to the head of any Federal depart3 ment or agency that is represented on the Task 

4 Force. Such amounts shall be available to the head 

5 for entering into obligations and making expendi6 tures to carry out projects, programs, or activities to 

7 support the Action Agenda. 

8 ‘‘(6) DONATIONS FOR PROTECTION OF TRIBAL

9 TREATY RIGHTS.—For any donations of funds or 

10 other property under this subsection specifically do11 nated for the protection of tribal treaty rights, the 

12 Secretary of the Interior, with concurrence of the 

13 Task Force, shall to the maximum extent practicable 

14 use the donated funds or property in accordance 

15 with the terms of the donation and in furthering any 

16 project, program, or activity that will protect and 

17 strengthen treaty rights while also restoring Puget 

18 Sound. 

19 ‘‘(7) MATCHING FUNDS.—The Secretary of the 

20 Interior may obligate monies made available under 

21 paragraph (4) to be used as matching funds for 

22 Federal grants awarded to carry out projects, pro23 grams, or activities to support the Action Agenda. 


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1 ‘‘(8) PERIOD OF AVAILABILITY.—Amounts in 

2 the Fund shall be available without fiscal year limi3 tation. 

4 ‘‘(9) MAINTENANCE OF EFFORT.—Amounts of 

5 the Fund shall be used to supplement and not sup6 plant other Federal, State, regional, tribal, and local 

7 funds provided for activities under this section. 

8 ‘‘(10) ADMINISTRATIVE EXPENSES.—Of the 

9 amounts in the Fund available for each fiscal year, 

10 the Secretary of the Interior may expend not more 

11 than 3 percent, or up to $80,000, whichever is 

12 greater, to pay the administrative expenses nec13 essary to carry out this subsection. 

14 ‘‘(k) TASK FORCE BIENNIAL REPORT ON PUGET

15 SOUND RECOVERY ACTIVITIES.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of this section, and biennially 

18 thereafter, the Task Force, in collaboration with the 

19 Tribal Advisory Committee and the State Advisory 

20 Committee, shall submit to the President, Congress, 

21 and the Governor of Washington a report that sum22 marizes the progress, challenges, and milestones of 

23 the Task Force on the recovery and protection of 

24 Puget Sound. 


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1 ‘‘(2) CONTENTS.—The report shall include a 

2 description of the following: 

3 ‘‘(A) The roles of each Federal, State, and 

4 local government entity that has jurisdiction in 

5 the Puget Sound watershed and the progress 

6 made toward meeting the identified goals and 

7 objectives of the Action Agenda. 

8 ‘‘(B) If available, the roles and progress of 

9 tribal governments that have jurisdiction in the 

10 Puget Sound watershed toward meeting the 

11 identified goals and objectives of the Action 

12 Agenda. 

13 ‘‘(C) A summary of the progress each Fed14 eral agency has made in implementing their 

15 specific responsibilities under the Action Agen16 da. 

17 ‘‘(D) The role of each Federal agency in 

18 protecting tribal treaty rights and a summary 

19 of the progress each agency has made in pro20 tecting those rights. 

21 ‘‘(E) A summary of specific recommenda22 tions concerning implementation of the Action 

23 Agenda, including challenges barriers, and an24 ticipated milestones, targets, and timelines. 


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1 ‘‘(F) A description of any donated funds 

2 received from outside parties and allocations 

3 made from each donation, including any admin4 istrative costs and other pertinent data. 

5 ‘‘(l) CROSSCUT BUDGET REPORT.— 

6 ‘‘(1) FINANCIAL REPORT.—Not later than 1 

7 year after the date of enactment of this section, and 

8 every 5 years thereafter, the Director of the Office 

9 of Management and Budget, in consultation with the 

10 Task Force, shall submit to Congress and make 

11 available to the public, including on the Internet, a 

12 financial report that is certified by the head of each 

13 agency represented by the Task Force. 

14 ‘‘(2) CONTENTS.—The financial report shall 

15 contain the following: 

16 ‘‘(A) An interagency crosscut budget relat17 ing to Puget Sound recovery and protection ac18 tivities that displays— 

19 ‘‘(i) the proposed funding for any 

20 Federal recovery and protection activity to 

21 be carried out in the succeeding fiscal year, 

22 including any planned interagency or intra23 agency transfer, for each of the Federal 

24 agencies that carry out recovery and pro25 tection activities; 


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1 ‘‘(ii) if available, the estimated fund2 ing for State and local recovery and pro3 tection activities that use Federal funds to 

4 be carried out in the succeeding fiscal year; 

5 ‘‘(iii) the estimated expenditures for 

6 Federal recovery and protection activities 

7 from the preceding 2 fiscal years, the cur8 rent fiscal year, and the succeeding fiscal 

9 year; 

10 ‘‘(iv) the estimated expenditures for 

11 State recovery and protection activities 

12 that use Federal funds during the equiva13 lent time; and 

14 ‘‘(v) any donations received from out15 side parties and allocations made from 

16 each donation. 

17 ‘‘(B) An accounting of all funds received 

18 and obligated by all Federal agencies for recov19 ery and protection activities during the current 

20 and preceding fiscal years. 

21 ‘‘(C) An accounting from the State of all 

22 funds received and obligated from a Federal 

23 agency for recovery and protection activities 

24 during the current and preceding fiscal years. 


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1 ‘‘(D) A description of each of the proposed 

2 Federal and State recovery and protection ac3 tivities that will use Federal funds to be carried 

4 out in the succeeding fiscal year, including— 

5 ‘‘(i) the project description, timeline, 

6 benchmarks, and status; 

7 ‘‘(ii) Federal or State statutory or 

8 regulatory authority, programs, or respon9 sible agencies; 

10 ‘‘(iii) authorization level for appro11 priations; and 

12 ‘‘(iv) the relevant goals and priorities 

13 of the Action Agenda. 

14 ‘‘(3) INCLUDED RECOVERY ACTIVITIES.—The 

15 financial report shall only describe activities that— 

16 ‘‘(A) for Federal recovery or protection ac17 tivities, have funding amounts greater than or 

18 equal to $100,000; and 

19 ‘‘(B) for federally funded State recovery or 

20 protection activities, have funding amounts 

21 greater than or equal to $50,000. 

22 ‘‘(4) SUBMISSION TO CONGRESS.—The Director 

23 shall submit the financial report to— 

24 ‘‘(A) the Committee on Appropriations, the 

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1 mittee on Energy and Commerce, and the Com2 mittee on Transportation and Infrastructure of 

3 the House of Representatives; and 

4 ‘‘(B) the Committee on Appropriations, the 

5 Committee on Environment and Public Works, 

6 and the Committee on Commerce, Science, and 

7 Transportation of the Senate.’’. 

Æ 


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