II 

111TH CONGRESS 

1ST SESSION S. 2739 

To amend the Federal Water Pollution Control Act to provide for the 

establishment of the Puget Sound Program Office, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 5, 2009 

Ms. CANTWELL (for herself and Mrs. MURRAY) 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 provide for the establishment of the Puget Sound Program 

Office, 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 2009’’. 

6 SEC. 2. PUGET SOUND. 

7 Title I of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

9 the following: 


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1 ‘‘SEC. 123. PUGET SOUND. 

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

3 ‘‘(1) COMPREHENSIVE PLAN.—The term ‘Com4 prehensive Plan’ means the Puget Sound Action 

5 Agenda, a comprehensive conservation and manage6 ment plan established under section 320, as modi7 fied by the Puget Sound Partnership. 

8 ‘‘(2) COUNCIL.—The term ‘Council’ means the 

9 Puget Sound Program Advisory Council established 

10 by subsection (d)(1). 

11 ‘‘(3) DIRECTOR.—The term ‘Director’ means 

12 the Director of the Puget Sound Program Office. 

13 ‘‘(4) OFFICE.—The term ‘Office’ means the 

14 Puget Sound Program Office established under sub15 section (b)(1). 

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

17 ‘Puget Sound Partnership’ means the agency of the 

18 State of Washington, together with associated coun19 cils, boards, and panels, that is— 

20 ‘‘(A) formed under authority of State law 

21 for the purpose of protecting and restoring 

22 Puget Sound; and 

23 ‘‘(B) designated as the management con24 ference under section 320. 

25 ‘‘(b) PROGRAM OFFICE.— 


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1 ‘‘(1) ESTABLISHMENT.—The Administrator 

2 shall establish within the Environmental Protection 

3 Agency a Puget Sound Program Office, to be co-lo4 cated with the Puget Sound Partnership in the State 

5 of Washington. 

6 ‘‘(2) APPOINTMENT OF DIRECTOR.—The Ad7 ministrator shall appoint a Director of the Office, 

8 who, by reason of management experience and tech9 nical expertise relating to Puget Sound, is highly 

10 qualified to support the development and implemen11 tation of projects, programs, and studies necessary 

12 to implement the Comprehensive Plan. 

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

14 The Administrator shall delegate to the Director 

15 such authority and provide such additional staff as 

16 are necessary to carry out this section. 

17 ‘‘(c) DUTIES.— 

18 ‘‘(1) IN GENERAL.—In carrying out this sec19 tion, the Administrator, acting through the Director, 

20 shall— 

21 ‘‘(A) assist and support the implementa22 tion of the Comprehensive Plan; 

23 ‘‘(B) provide funding and make grants for 

24 implementation of the Comprehensive Plan and 


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1 projects, programs, and studies consistent with 

2 the priorities of the Comprehensive Plan; 

3 ‘‘(C) promote innovative methodologies and 

4 technologies that are cost-effective and con5 sistent with the identified goals and objectives 

6 of the Comprehensive Plan and Environmental 

7 Protection Agency permitting processes; 

8 ‘‘(D) coordinate the major functions of the 

9 Federal Government relating to the implemen10 tation of the Comprehensive Plan, including 

11 projects, programs, and studies for— 

12 ‘‘(i) water quality improvements; 

13 ‘‘(ii) wetland, riverine, and estuary 

14 restoration and protection; 

15 ‘‘(iii) nearshore restoration and pro16 tection; and 

17 ‘‘(iv) endangered species recovery; 

18 ‘‘(E) coordinate the research and planning 

19 projects authorized under this section with ac20 tivities of Federal agencies, State agencies, In21 dian tribes, institutions of higher education, 

22 and the Science Panel of the Puget Sound 

23 Partnership, including conducting or commis24 sioning studies considered to be necessary by 


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1 the Science Panel for strengthened implementa2 tion of the Comprehensive Plan; 

3 ‘‘(F) track progress toward meeting the 

4 identified goals and objectives of the Com5 prehensive Plan by— 

6 ‘‘(i) implementing and supporting a 

7 project, program, and study monitoring 

8 system consistent with the performance 

9 management system used by the Puget 

10 Sound Partnership; and 

11 ‘‘(ii) coordinating, managing, and re12 porting environmental data relating to 

13 Puget Sound in a manner consistent with 

14 methodologies used by the Puget Sound 

15 Partnership, including, to the maximum 

16 extent practicable, making such data and 

17 reports on such data available to the pub18 lic, including on the Internet, in a timely 

19 manner; 

20 ‘‘(G) coordinate projects, programs, and 

21 studies for the protection of Puget Sound, the 

22 Strait of Georgia, and the Strait of Juan de 

23 Fuca with Canadian authorities; and 

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

25 public, including on the Internet, publications 


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1 and other forms of information relating to the 

2 environmental quality of Puget Sound. 

3 ‘‘(2) IMPLEMENTATION METHODS.—The Ad4 ministrator, acting through the Director, may enter 

5 into interagency agreements, make intergovern6 mental personnel appointments, provide funding, 

7 provide grants, and use other available methods in 

8 carrying out the duties of the Director under this 

9 subsection. 

10 ‘‘(d) PUGET SOUND PROGRAM ADVISORY COUN11 CIL.— 

12 ‘‘(1) IN GENERAL.—There is established a 

13 council, to be known as the ‘Puget Sound Program 

14 Advisory Council’, to provide advice to the Adminis15 trator on the implementation of the identified goals 

16 and objectives of the Comprehensive Plan. 

17 ‘‘(2) COMPOSITION.—The Council shall consist 

18 of— 

19 ‘‘(A) a Federal agency board consisting 

20 of— 

21 ‘‘(i) representatives of appropriate 

22 Federal agencies that may affect or imple23 ment projects or programs identified in the 

24 Comprehensive Plan; 


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1 ‘‘(ii) the Executive Director of the 

2 Puget Sound Partnership; and 

3 ‘‘(iii) the Director, who shall serve as 

4 Chairperson of the Federal agency board; 

5 and 

6 ‘‘(B) an intergovernmental board con7 sisting of the members of the Leadership Coun8 cil and the Ecosystem Coordination Board of 

9 the Puget Sound Partnership. 

10 ‘‘(3) MEETINGS.—The Council shall meet at 

11 least twice per year— 

12 ‘‘(A) to assess the progress of the Office in 

13 meeting the identified goals and objectives of 

14 the Comprehensive Plan; 

15 ‘‘(B) to identify improvements to meeting 

16 the identified goals and objectives of the Com17 prehensive Plan; and 

18 ‘‘(C) to assess Federal agency budget 

19 needs to implement the Comprehensive Plan. 

20 ‘‘(4) COMPENSATION OF MEMBERS.—A member 

21 of the Council shall serve without compensation. 

22 ‘‘(5) TRAVEL EXPENSES.—Subject to the avail23 ability of appropriations, the Administrator shall re24 imburse a member of the Council for travel ex25 penses, including per diem in lieu of subsistence, at 


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1 rates authorized for an employee of a Federal agen2 cy under subchapter I of chapter 57 of title 5, 

3 United States Code, while away from home or the 

4 regular place of business of the member in perform5 ance of services for the Council. 

6 ‘‘(e) IMPLEMENTATION OF THE COMPREHENSIVE

7 PLAN.— 

8 ‘‘(1) IN GENERAL.—The Administrator, acting 

9 through the Director, in consultation with the Puget 

10 Sound Partnership, shall carry out projects, pro11 grams, and studies to implement the Comprehensive 

12 Plan. 

13 ‘‘(2) PRIORITY PROJECTS, PROGRAMS AND

14 STUDIES.—The Administrator shall give special em15 phasis to projects, programs, and studies that are 

16 identified as priorities by the Puget Sound Partner17 ship in the Comprehensive Plan. 

18 ‘‘(3) GRANTS.—The Administrator, acting 

19 through the Director, may provide grants for 

20 projects, programs, and studies to implement the 

21 Comprehensive Plan, including— 

22 ‘‘(A) a comprehensive grant, in an amount 

23 equal to 50 percent of the funds made available 

24 to carry out this subsection for a fiscal year, to 

25 the Puget Sound Partnership for— 


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1 ‘‘(i) use in managing the implementa2 tion of the Comprehensive Plan; and 

3 ‘‘(ii) allocation by the Puget Sound 

4 Partnership for projects, programs, and 

5 studies prioritized in the Comprehensive 

6 Plan; and 

7 ‘‘(B) other grants, in an aggregate amount 

8 equal to 50 percent of the funds made available 

9 to carry out this subsection for a fiscal year, to 

10 State and regional water pollution control agen11 cies and entities, federally recognized Indian 

12 tribes, State coastal zone management agencies, 

13 local governments, other public or nonprofit pri14 vate agencies, institutions, or organizations for 

15 use in implementing specific projects, programs, 

16 and studies identified in the Comprehensive 

17 Plan. 

18 ‘‘(4) FEDERAL SHARE.—The Federal share of 

19 the cost of a project, program, or study carried out 

20 under this subsection shall be— 

21 ‘‘(A) not more than 50 percent of the cost 

22 of a project, program, or study; or 

23 ‘‘(B) up to 100 percent of the cost of a 

24 project, program, or study if the project, pro25 gram, or study is located in or specifically afVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2739.IS S2739

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1 fects a community that meets the affordability 

2 criteria for distressed communities established 

3 by the State in which the community is located, 

4 if such criteria are established after public re5 view and comment. 

6 ‘‘(5) FORM OF NON-FEDERAL SHARE.—The 

7 non-Federal share of the cost of any project, pro8 gram, or study funded under this subsection shall be 

9 provided from non-Federal sources. 

10 ‘‘(f) ANNUAL BUDGET PLAN.—The President, as 

11 part of the annual budget of the Federal Government, 

12 shall submit information regarding each Federal agency 

13 involved in Puget Sound protection and restoration, in14 cluding— 

15 ‘‘(1) an interagency crosscut budget that dis16 plays for each Federal agency— 

17 ‘‘(A) amounts obligated for the preceding 

18 fiscal year for protection and restoration 

19 projects, programs, and studies relating to 

20 Puget Sound; 

21 ‘‘(B) the estimated budget for the current 

22 fiscal year for protection and restoration 

23 projects, programs. and studies relating to 

24 Puget Sound; and 


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1 ‘‘(C) the proposed budget for protection 

2 and restoration projects, programs, and studies 

3 relating to Puget Sound; and 

4 ‘‘(2) a description and assessment of the Fed5 eral role in the implementation of the Comprehen6 sive Plan and the specific role of each Federal agen7 cy involved in Puget Sound protection and restora8 tion, including specific projects, programs, and stud9 ies conducted or planned to achieve the identified 

10 goals and objectives of the Comprehensive Plan. 

11 ‘‘(g) REPORT.—Not later than 1 year after the date 

12 of enactment of this section and biennially thereafter, the 

13 Administrator and the Executive Director of the Puget 

14 Sound Partnership shall jointly submit to Congress a re15 port that— 

16 ‘‘(1) summarizes the progress made in imple17 menting the Comprehensive Plan and progress to18 ward achieving the identified goals and objectives de19 scribed in the Comprehensive Plan; 

20 ‘‘(2) summarizes any modifications to the Com21 prehensive Plan in the period covered by the report; 

22 ‘‘(3) incorporates specific recommendations con23 cerning the implementation of the Comprehensive 

24 Plan; and 


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1 ‘‘(4) summarizes the roles and progress of each 

2 Federal agency that has jurisdiction in the Puget 

3 Sound watershed toward meeting the identified goals 

4 and objectives of the Comprehensive Plan. 

5 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

6 is authorized to be appropriated to the Administrator to 

7 carry out this section $125,000,000 for each of fiscal 

8 years 2010 through 2015, to remain available until ex9 pended.’’. 

Æ 


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