II 

110TH CONGRESS 

2D SESSION S. 3196 

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 SENATE OF THE UNITED STATES 

JUNE 25, 2008 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to 

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 ‘‘Puget Sound Recovery 

5 Act of 2008’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) Puget Sound, as the Nation’s second largest 

2 estuary, is a cornerstone of the Pacific Northwest’s 

3 regional identity and at the heart of the region’s 

4 prosperity, supporting a thriving natural resource 

5 and marine industry. 

6 (2) The water quality of Puget Sound is in de7 cline, with areas of deadly low oxygen and increasing 

8 toxic pollutants. Resident species such as salmon 

9 and orcas are endangered. 

10 (3) The declining health of Puget Sound threat11 ens the economic and environmental vitality of the 

12 Pacific Northwest. 

13 (4) The Governor of the State of Washington 

14 has taken steps to combat the decline of Puget 

15 Sound at the State government level. 

16 (5) The Federal Government should now match 

17 the efforts of the State of Washington. The Environ18 mental Protection Agency should take the lead at 

19 the Federal level to create a comprehensive recovery 

20 package for Puget Sound, in coordination with the 

21 comprehensive conservation and management plan 

22 for Puget Sound, and should establish a Puget 

23 Sound office in the State of Washington. Other Fed24 eral agencies to be involved should include the 

25 United States Fish and Wildlife Service, the NaVerDate Aug 31 2005 00:28 Jun 27, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3196.IS S3196

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1 tional Park Service, the United States Geological 

2 Survey, the Forest Service, the Natural Resources 

3 Conservation Service, the Corps of Engineers, and 

4 the Departments of Commerce, Defense, Homeland 

5 Security, and Transportation. 

6 (6) The Puget Sound recovery plan efforts 

7 should be listed in the President’s annual budget 

8 and should serve as a model of the use of science 

9 and efficient coordination between Federal, tribal, 

10 State, regional, and local efforts with an emphasis 

11 on monitoring, assessment, and reaching demon12 strable goals. 

13 (7) Canada should join in this enhanced effort, 

14 given that Puget Sound and the Georgia Straits are 

15 the same waterway. 

16 SEC. 3. PUGET SOUND. 

17 Title I of the Federal Water Pollution Control Act 

18 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

19 the following: 

20 ‘‘SEC. 123. PUGET SOUND. 

21 ‘‘(a) PROGRAM OFFICE.— 

22 ‘‘(1) ESTABLISHMENT.—The Administrator 

23 shall establish in the Environmental Protection 

24 Agency a Puget Sound Program Office (in this sec25 tion referred to as the ‘Office’). 


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1 ‘‘(2) APPOINTMENT OF DIRECTOR.—The Office 

2 shall be headed by a Director who, by reason of 

3 management experience and technical expertise re4 lating to Puget Sound, is highly qualified to direct 

5 the development of programs and plans on a variety 

6 of issues relating to Puget Sound. The Office shall 

7 be located in the State of Washington. 

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

9 The Administrator shall delegate to the Director 

10 such authority, and provide such additional staff, as 

11 may be necessary to carry out the duties of the Di12 rector under this section. 

13 ‘‘(b) DUTIES OF DIRECTOR.— 

14 ‘‘(1) IN GENERAL.—The Director shall assist 

15 the management conference convened for Puget 

16 Sound under section 320 (in this section referred to 

17 as the ‘Conference’) in carrying out its goals. 

18 ‘‘(2) SPECIFIC DUTIES.—In carrying out para19 graph (1), the Director shall— 

20 ‘‘(A) assist and support the implementa21 tion of the comprehensive conservation and 

22 management plan developed by the Conference 

23 pursuant to section 320 (in this section referred 

24 to as the ‘Comprehensive Plan’), including ef25 forts to establish, within the process for grantVerDate Aug 31 2005 00:28 Jun 27, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3196.IS S3196

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1 ing watershed general permits, a system for 

2 promoting innovative methodologies and tech3 nologies that are cost-effective and consistent 

4 with the goals of the Comprehensive Plan; 

5 ‘‘(B) to the extent practicable, coordinate 

6 the major functions of the Federal Government 

7 related to the implementation of the Com8 prehensive Plan, including programs and activi9 ties for water quality improvements, wetland 

10 and estuary restoration and protection, endan11 gered species recovery, and research and studies 

12 commissioned under this Act; 

13 ‘‘(C) conduct or commission studies and 

14 research considered necessary for strengthened 

15 implementation of the Comprehensive Plan, in16 cluding studies and research described in para17 graph (3); 

18 ‘‘(D) coordinate and manage environ19 mental data related to Puget Sound; 

20 ‘‘(E) coordinate the grant, research, and 

21 planning programs authorized under this sec22 tion; 

23 ‘‘(F) coordinate activities for the protection 

24 of Puget Sound and the Georgia Straits with 

25 Canadian authorities; 


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1 ‘‘(G) coordinate activities and implementa2 tion responsibilities, including activities under 

3 species recovery plans, through cooperation with 

4 other Federal agencies that have jurisdiction in 

5 the Puget Sound watershed; 

6 ‘‘(H) collect and make available to the 

7 public publications, and other forms of informa8 tion the Conference determines to be appro9 priate, relating to the environmental quality of 

10 Puget Sound; and 

11 ‘‘(I) biennially issue a report to Congress 

12 that— 

13 ‘‘(i) summarizes the progress made in 

14 implementing the Comprehensive Plan; 

15 ‘‘(ii) summarizes any modifications to 

16 the Comprehensive Plan in the 12-month 

17 period immediately preceding such report; 

18 and 

19 ‘‘(iii) incorporates specific rec20 ommendations concerning the implementa21 tion of the Comprehensive Plan. 

22 ‘‘(3) STUDIES AND RESEARCH.—Areas for stud23 ies and research under paragraph (2)(C) shall in24 clude— 


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1 ‘‘(A) population growth and the adequacy 

2 of wastewater treatment facilities and on-site 

3 septic systems; 

4 ‘‘(B) the use of physical, chemical, and bi5 ological methods for nutrient removal in sewage 

6 treatment plants; 

7 ‘‘(C) contaminated sediments and dredging 

8 activities; 

9 ‘‘(D) nonpoint source pollution abatement, 

10 including pollution from stormwater discharges, 

11 and land use activities in the Puget Sound wa12 tershed; 

13 ‘‘(E) wetland, riparian, and near shore 

14 protection and restoration; 

15 ‘‘(F) flood abatement and floodplain res16 toration techniques; 

17 ‘‘(G) the impacts of forest and agricultural 

18 practices on the health of Puget Sound; 

19 ‘‘(H) atmospheric deposition of pollutants 

20 into the Puget Sound watershed; 

21 ‘‘(I) water quality requirements to sustain 

22 fish, shellfish, and wildlife populations, and the 

23 use of indicator species to assess environmental 

24 quality; 


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1 ‘‘(J) State water quality programs, for 

2 their adequacy pursuant to implementation of 

3 the Comprehensive Plan; 

4 ‘‘(K) options for long-term financing of 

5 wastewater treatment projects and water pollu6 tion control programs; 

7 ‘‘(L) water usage and efficiency; 

8 ‘‘(M) toxic pollutants; and 

9 ‘‘(N) such other areas as the Director con10 siders appropriate. 

11 ‘‘(4) IMPLEMENTATION METHODS.—The Direc12 tor may enter into interagency agreements, make 

13 intergovernmental personnel appointments, and uti14 lize other available methods in carrying out the Di15 rector’s duties under this subsection. 

16 ‘‘(c) GRANTS TO IMPLEMENT COMPREHENSIVE

17 PLAN.— 

18 ‘‘(1) IN GENERAL.—The Administrator may 

19 make grants to eligible recipients for projects and 

20 studies that will help implement the Comprehensive 

21 Plan. 

22 ‘‘(2) ELIGIBLE ACTIVITIES.—Projects and stud23 ies eligible for assistance under this subsection in24 clude planning, research, modeling, construction, 

25 monitoring, implementation, citizen involvement and 


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1 education, and such other activities as the Adminis2 trator considers appropriate. 

3 ‘‘(3) FEDERAL SHARE.—The Federal share of 

4 the cost of a project or study receiving grant assist5 ance under this subsection shall not exceed 50 per6 cent of the cost of the project or study. 

7 ‘‘(4) ELIGIBLE RECIPIENT DEFINED.—In this 

8 subsection, the term ‘eligible recipient’ means a 

9 State, interstate, tribal, regional, or local water pol10 lution control agency or other public or nonprofit 

11 private agency, institution, or organization. 

12 ‘‘(d) GRANTS FOR PROJECTS TO ADDRESS SEWAGE

13 AND STORMWATER DISCHARGES.— 

14 ‘‘(1) IN GENERAL.—The Administrator may 

15 make grants to eligible recipients for projects to ad16 dress sewage and stormwater discharges into the 

17 Puget Sound watershed. 

18 ‘‘(2) ELIGIBLE PROJECTS.—Projects eligible for 

19 assistance under this subsection include demonstra20 tion and research projects that provide treatment 

21 for, or that minimize, sewage or stormwater dis22 charges using one or more approaches, including de23 centralized or distributed stormwater controls, de24 centralized wastewater treatment, low-impact develVerDate Aug 31 2005 00:28 Jun 27, 2008 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3196.IS S3196

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1 opment practices, conservation easements, stream 

2 buffers, and wetlands restoration. 

3 ‘‘(3) AWARD OF GRANTS.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the Administrator shall award 

6 grants under this subsection on a competitive 

7 basis. 

8 ‘‘(B) DISTRESSED COMMUNITIES.—In 

9 awarding grants under this subsection, the Ad10 ministrator may give priority to a project lo11 cated in a distressed community. 

12 ‘‘(4) FEDERAL SHARE.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Federal share of the cost of a 

15 project receiving grant assistance under this 

16 subsection shall not exceed 75 percent of the 

17 cost of the project. 

18 ‘‘(B) DISTRESSED COMMUNITIES.—The 

19 Federal share of the cost of a project receiving 

20 grant assistance under this subsection shall not 

21 exceed 100 percent of the cost of the project if 

22 the project is located in a distressed commu23 nity. 

24 ‘‘(5) DEFINITIONS.—In this subsection, the fol25 lowing definitions apply: 


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1 ‘‘(A) ELIGIBLE RECIPIENT.—The term ‘eli2 gible recipient’ means a State, interstate, tribal, 

3 regional, or local water pollution control agency 

4 or other public or nonprofit private agency, in5 stitution, or organization. 

6 ‘‘(B) DISTRESSED COMMUNITY.—The term 

7 ‘distressed community’ means a community 

8 that meets affordability criteria established by 

9 the State in which the community is located, if 

10 such criteria are developed after public review 

11 and comment. 

12 ‘‘(e) ANNUAL BUDGET PLAN.— 

13 ‘‘(1) IN GENERAL.—The President, as part of 

14 the annual budget of the United States Government, 

15 shall submit information regarding each Federal 

16 agency involved in Puget Sound protection and res17 toration, including— 

18 ‘‘(A) an interagency crosscut budget that 

19 displays for each Federal agency— 

20 ‘‘(i) amounts obligated in the pre21 ceding fiscal year for protection and res22 toration activities relating to Puget Sound; 

23 ‘‘(ii) the estimated budget for the cur24 rent fiscal year for protection and restora25 tion activities relating to Puget Sound; and 


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1 ‘‘(iii) the proposed budget for protec2 tion and restoration activities relating to 

3 Puget Sound; and 

4 ‘‘(B) a description of the Federal role in 

5 the Puget Sound Program and the specific role 

6 of each agency involved in Puget Sound protec7 tion and restoration, including specific activities 

8 conducted or planned to achieve the goals of the 

9 Comprehensive Plan. 

10 ‘‘(2) COORDINATION WITH THE CON11 FERENCE.—In carrying out this subsection, the 

12 President, to the extent practical, shall coordinate 

13 reporting, data collection, and planning activities 

14 with the Conference. 

15 ‘‘(f) AUTHORIZATIONS.—There are authorized to be 

16 appropriated to the Administrator to carry out this section 

17 such sums as may be necessary for each of fiscal years 

18 2009 through 2013.’’. 

Æ 


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