II 

Calendar No. 568 

111TH CONGRESS 

2D SESSION S. 2739 

[Report No. 111–292] 

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 

SEPTEMBER 16, 2010 

Reported by Mrs. BOXER, with an amendment and an amendment to the title 

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

A BILL 

To amend the Federal Water Pollution Control Act to 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’’. 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 2739 RS

1 SEC. 2. PUGET SOUND. 

2 Title I of the Federal Water Pollution Control Act 

3 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 123. PUGET SOUND. 

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

7 ‘‘(1) COMPREHENSIVE PLAN.—The term ‘Com8 prehensive Plan’ means the Puget Sound Action 

9 Agenda, a comprehensive conservation and manage10 ment plan established under section 320, as modi11 fied by the Puget Sound Partnership. 

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

13 Puget Sound Program Advisory Council established 

14 by subsection (d)(1). 

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

16 the Director of the Puget Sound Program Office. 

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

18 Puget Sound Program Office established under sub19 section (b)(1). 

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

21 ‘Puget Sound Partnership’ means the agency of the 

22 State of Washington, together with associated coun23 cils, boards, and panels, that is— 

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

25 for the purpose of protecting and restoring 

26 Puget Sound; and 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 2739 RS

1 ‘‘(B) designated as the management con2 ference under section 320. 

3 ‘‘(b) PROGRAM OFFICE.— 

4 ‘‘(1) ESTABLISHMENT.—The Administrator 

5 shall establish within the Environmental Protection 

6 Agency a Puget Sound Program Office, to be co-lo7 cated with the Puget Sound Partnership in the State 

8 of Washington. 

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

11 who, by reason of management experience and tech12 nical expertise relating to Puget Sound, is highly 

13 qualified to support the development and implemen14 tation of projects, programs, and studies necessary 

15 to implement the Comprehensive Plan. 

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

17 The Administrator shall delegate to the Director 

18 such authority and provide such additional staff as 

19 are necessary to carry out this section. 

20 ‘‘(c) DUTIES.— 

21 ‘‘(1) IN GENERAL.—In carrying out this sec22 tion, the Administrator, acting through the Director, 

23 shall— 

24 ‘‘(A) assist and support the implementa25 tion of the Comprehensive Plan; 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•S 2739 RS

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

2 implementation of the Comprehensive Plan and 

3 projects, programs, and studies consistent with 

4 the priorities of the Comprehensive Plan; 

5 ‘‘(C) promote innovative methodologies and 

6 technologies that are cost-effective and con7 sistent with the identified goals and objectives 

8 of the Comprehensive Plan and Environmental 

9 Protection Agency permitting processes; 

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

11 Federal Government relating to the implemen12 tation of the Comprehensive Plan, including 

13 projects, programs, and studies for— 

14 ‘‘(i) water quality improvements; 

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

16 restoration and protection; 

17 ‘‘(iii) nearshore restoration and pro18 tection; and 

19 ‘‘(iv) endangered species recovery; 

20 ‘‘(E) coordinate the research and planning 

21 projects authorized under this section with ac22 tivities of Federal agencies, State agencies, In23 dian tribes, institutions of higher education, 

24 and the Science Panel of the Puget Sound 

25 Partnership, including conducting or commisVerDate Mar 15 2010 23:54 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S2739.RS S2739

smartinez on DSKB9S0YB1PROD with BILLS
5 

•S 2739 RS

1 sioning studies considered to be necessary by 

2 the Science Panel for strengthened implementa3 tion of the Comprehensive Plan; 

4 ‘‘(F) track progress toward meeting the 

5 identified goals and objectives of the Com6 prehensive Plan by— 

7 ‘‘(i) implementing and supporting a 

8 project, program, and study monitoring 

9 system consistent with the performance 

10 management system used by the Puget 

11 Sound Partnership; and 

12 ‘‘(ii) coordinating, managing, and re13 porting environmental data relating to 

14 Puget Sound in a manner consistent with 

15 methodologies used by the Puget Sound 

16 Partnership, including, to the maximum 

17 extent practicable, making such data and 

18 reports on such data available to the pub19 lic, including on the Internet, in a timely 

20 manner; 

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

22 studies for the protection of Puget Sound, the 

23 Strait of Georgia, and the Strait of Juan de 

24 Fuca with Canadian authorities; and 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•S 2739 RS

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

2 public, including on the Internet, publications 

3 and other forms of information relating to the 

4 environmental quality of Puget Sound. 

5 ‘‘(2) IMPLEMENTATION METHODS.—The Ad6 ministrator, acting through the Director, may enter 

7 into interagency agreements, make intergovern8 mental personnel appointments, provide funding, 

9 provide grants, and use other available methods in 

10 carrying out the duties of the Director under this 

11 subsection. 

12 ‘‘(d) PUGET SOUND PROGRAM ADVISORY COUN13 CIL.— 

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

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

16 Advisory Council’, to provide advice to the Adminis17 trator on the implementation of the identified goals 

18 and objectives of the Comprehensive Plan. 

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

20 of— 

21 ‘‘(A) a Federal agency board consisting 

22 of— 

23 ‘‘(i) representatives of appropriate 

24 Federal agencies that may affect or impleVerDate Mar 15 2010 23:54 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2739.RS S2739

smartinez on DSKB9S0YB1PROD with BILLS
7 

•S 2739 RS

1 ment projects or programs identified in the 

2 Comprehensive Plan; 

3 ‘‘(ii) the Executive Director of the 

4 Puget Sound Partnership; and 

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

6 Chairperson of the Federal agency board; 

7 and 

8 ‘‘(B) an intergovernmental board con9 sisting of the members of the Leadership Coun10 cil and the Ecosystem Coordination Board of 

11 the Puget Sound Partnership. 

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

13 least twice per year— 

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

15 meeting the identified goals and objectives of 

16 the Comprehensive Plan; 

17 ‘‘(B) to identify improvements to meeting 

18 the identified goals and objectives of the Com19 prehensive Plan; and 

20 ‘‘(C) to assess Federal agency budget 

21 needs to implement the Comprehensive Plan. 

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

23 of the Council shall serve without compensation. 

24 ‘‘(5) TRAVEL EXPENSES.—Subject to the avail25 ability of appropriations, the Administrator shall reVerDate Mar 15 2010 23:54 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2739.RS S2739

smartinez on DSKB9S0YB1PROD with BILLS
8 

•S 2739 RS

1 imburse a member of the Council for travel ex2 penses, including per diem in lieu of subsistence, at 

3 rates authorized for an employee of a Federal agen4 cy under subchapter I of chapter 57 of title 5, 

5 United States Code, while away from home or the 

6 regular place of business of the member in perform7 ance of services for the Council. 

8 ‘‘(e) IMPLEMENTATION OF THE COMPREHENSIVE

9 PLAN.— 

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

11 through the Director, in consultation with the Puget 

12 Sound Partnership, shall carry out projects, pro13 grams, and studies to implement the Comprehensive 

14 Plan. 

15 ‘‘(2) PRIORITY PROJECTS, PROGRAMS AND

16 STUDIES.—The Administrator shall give special em17 phasis to projects, programs, and studies that are 

18 identified as priorities by the Puget Sound Partner19 ship in the Comprehensive Plan. 

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

21 through the Director, may provide grants for 

22 projects, programs, and studies to implement the 

23 Comprehensive Plan, including— 

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

25 equal to 50 percent of the funds made available 


smartinez on DSKB9S0YB1PROD with BILLS
9 

•S 2739 RS

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

2 the Puget Sound Partnership for— 

3 ‘‘(i) use in managing the implementa4 tion of the Comprehensive Plan; and 

5 ‘‘(ii) allocation by the Puget Sound 

6 Partnership for projects, programs, and 

7 studies prioritized in the Comprehensive 

8 Plan; and 

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

10 equal to 50 percent of the funds made available 

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

12 State and regional water pollution control agen13 cies and entities, federally recognized Indian 

14 tribes, State coastal zone management agencies, 

15 local governments, other public or nonprofit pri16 vate agencies, institutions, or organizations for 

17 use in implementing specific projects, programs, 

18 and studies identified in the Comprehensive 

19 Plan. 

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

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

22 under this subsection shall be— 

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

24 of a project, program, or study; or 


smartinez on DSKB9S0YB1PROD with BILLS
10 

•S 2739 RS

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

2 project, program, or study if the project, pro3 gram, or study is located in or specifically af4 fects a community that meets the affordability 

5 criteria for distressed communities established 

6 by the State in which the community is located, 

7 if such criteria are established after public re8 view and comment. 

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

10 non-Federal share of the cost of any project, pro11 gram, or study funded under this subsection shall be 

12 provided from non-Federal sources. 

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

14 part of the annual budget of the Federal Government, 

15 shall submit information regarding each Federal agency 

16 involved in Puget Sound protection and restoration, in17 cluding— 

18 ‘‘(1) an interagency crosscut budget that dis19 plays for each Federal agency— 

20 ‘‘(A) amounts obligated for the preceding 

21 fiscal year for protection and restoration 

22 projects, programs, and studies relating to 

23 Puget Sound; 

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

25 fiscal year for protection and restoration 


smartinez on DSKB9S0YB1PROD with BILLS
11 

•S 2739 RS

1 projects, programs. and studies relating to 

2 Puget Sound; and 

3 ‘‘(C) the proposed budget for protection 

4 and restoration projects, programs, and studies 

5 relating to Puget Sound; and 

6 ‘‘(2) a description and assessment of the Fed7 eral role in the implementation of the Comprehen8 sive Plan and the specific role of each Federal agen9 cy involved in Puget Sound protection and restora10 tion, including specific projects, programs, and stud11 ies conducted or planned to achieve the identified 

12 goals and objectives of the Comprehensive Plan. 

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

14 of enactment of this section and biennially thereafter, the 

15 Administrator and the Executive Director of the Puget 

16 Sound Partnership shall jointly submit to Congress a re17 port that— 

18 ‘‘(1) summarizes the progress made in imple19 menting the Comprehensive Plan and progress to20 ward achieving the identified goals and objectives de21 scribed in the Comprehensive Plan; 

22 ‘‘(2) summarizes any modifications to the Com23 prehensive Plan in the period covered by the report; 


smartinez on DSKB9S0YB1PROD with BILLS
12 

•S 2739 RS

1 ‘‘(3) incorporates specific recommendations con2 cerning the implementation of the Comprehensive 

3 Plan; and 

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

5 Federal agency that has jurisdiction in the Puget 

6 Sound watershed toward meeting the identified goals 

7 and objectives of the Comprehensive Plan. 

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

9 is authorized to be appropriated to the Administrator to 

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

11 years 2010 through 2015, to remain available until ex12 pended.’’. 

13 SECTION 1. SHORT TITLE. 

14 This Act may be cited as the ‘‘Puget Sound Recovery 

15 Act of 2010’’. 

16 SEC. 2. PUGET SOUND. 

17 Title I of the Federal Water Pollution Control Act (33 

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

19 following: 

20 ‘‘SEC. 123. PUGET SOUND. 

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

22 ‘‘(1) ANNUAL PRIORITY LIST.—The term ‘annual 

23 priority list’ means the annual priority list compiled 

24 under subsection (d). 


smartinez on DSKB9S0YB1PROD with BILLS
13 

•S 2739 RS

1 ‘‘(2) COMPREHENSIVE PLAN.—The term ‘com2 prehensive plan’ means— 

3 ‘‘(A) the Puget Sound Action Agenda, a 

4 comprehensive conservation and management 

5 plan approved under section 320; and 

6 ‘‘(B) any amendments to that plan. 

7 ‘‘(3) EXECUTIVE DIRECTOR.—The term ‘Execu8 tive Director’ means the Executive Director of the 

9 Puget Sound Partnership. 

10 ‘‘(4) PUGET SOUND FEDERAL CAUCUS.—The 

11 term ‘Puget Sound Federal Caucus’ means the caucus 

12 composed of— 

13 ‘‘(A) the 13 Federal agencies that signed a 

14 memorandum of understanding on November 17, 

15 2008, to establish a collaborative effort among 

16 Federal agencies to better integrate, organize, 

17 and align Federal efforts in the Puget Sound 

18 ecosystem with the comprehensive plan; and 

19 ‘‘(B) such other Federal agencies as the Ad20 ministrator determines to be appropriate. 

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

22 ‘Puget Sound Partnership’ means the agency of the 

23 State of Washington, together with associated coun24 cils, boards, panels, and caucuses, that is— 


smartinez on DSKB9S0YB1PROD with BILLS
14 

•S 2739 RS

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

2 for the purpose of protecting and restoring Puget 

3 Sound; and 

4 ‘‘(B) designated as the management con5 ference under section 320. 

6 ‘‘(6) PUGET SOUND TRIBE.—The term ‘Puget 

7 Sound tribe’ means any of the federally recognized 

8 Indian tribes within the Puget Sound Basin. 

9 ‘‘(7) REGIONAL ADMINISTRATOR.—The term ‘Re10 gional Administrator’ means the Regional Adminis11 trator for Region 10 of the Environmental Protection 

12 Agency. 

13 ‘‘(b) DELEGATION OF AUTHORITY; STAFFING.—The 

14 Administrator shall delegate to the Regional Administrator 

15 such authority, and provide such additional staff, as are 

16 necessary to carry out this section. 

17 ‘‘(c) DUTIES.— 

18 ‘‘(1) IN GENERAL.—In carrying out this section, 

19 the Administrator, acting through the Regional Ad20 ministrator, shall— 

21 ‘‘(A) carry out the duties assigned to the 

22 Administrator under section 320 as a member of 

23 the management conference under that section; 

24 ‘‘(B) assist in the development and evalua25 tion of the annual priority list; 


smartinez on DSKB9S0YB1PROD with BILLS
15 

•S 2739 RS

1 ‘‘(C) provide funding for activities, projects, 

2 programs, and studies identified in the annual 

3 priority list as necessary to meet the goals and 

4 objectives of the comprehensive plan; 

5 ‘‘(D) promote innovative methodologies and 

6 technologies that are cost-effective and able to 

7 meet the identified goals and objectives of the 

8 comprehensive plan and Environmental Protec9 tion Agency permitting processes; 

10 ‘‘(E) coordinate the major functions of the 

11 Federal Government relating to the implementa12 tion of the comprehensive plan, including activi13 ties, projects, programs, and studies for— 

14 ‘‘(i) water quality improvements; 

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

16 restoration and protection; 

17 ‘‘(iii) nearshore restoration and protec18 tion; 

19 ‘‘(iv) adaptation to climate change; 

20 ‘‘(v) critical land protection or acquisi21 tions; and 

22 ‘‘(vi) endangered species recovery; 

23 ‘‘(F) coordinate the scientific research 

24 projects authorized under this section with the 

25 activities of Federal agencies, State agencies, InVerDate Mar 15 2010 23:54 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\S2739.RS S2739

smartinez on DSKB9S0YB1PROD with BILLS
16 

•S 2739 RS

1 dian tribes, institutions of higher education, and 

2 the Science Panel of the Puget Sound Partner3 ship, including conducting or commissioning 

4 studies proposed by the Science Panel and in5 cluded in the annual priority list; 

6 ‘‘(G) assist the Puget Sound Partnership in 

7 tracking progress toward meeting the identified 

8 goals and objectives of the comprehensive plan 

9 by— 

10 ‘‘(i) providing information to the per11 formance management system used by the 

12 Puget Sound Partnership for the purpose of 

13 tracking progress; and 

14 ‘‘(ii) coordinating, managing, and re15 porting environmental data relating to 

16 Puget Sound in a manner consistent with 

17 methodologies used by the Puget Sound 

18 Partnership, including, to the maximum ex19 tent practicable, making such data and re20 ports on such data available to the public, 

21 including on the Internet, in a timely man22 ner; and 

23 ‘‘(H) coordinate activities, projects, pro24 grams, and studies for the protection of Puget 


smartinez on DSKB9S0YB1PROD with BILLS
17 

•S 2739 RS

1 Sound, the Strait of Georgia, and the Strait of 

2 Juan de Fuca with Canadian authorities. 

3 ‘‘(2) IMPLEMENTATION METHODS.—The Admin4 istrator, acting through the Regional Administrator, 

5 may enter into interagency agreements, make or fa6 cilitate intergovernmental personnel appointments, 

7 provide funding, provide grants, and use other avail8 able methods in carrying out the duties of the Admin9 istrator under this subsection. 

10 ‘‘(d) ANNUAL PRIORITY LIST.— 

11 ‘‘(1) IN GENERAL.—After providing for public 

12 comment and review, the Puget Sound Partnership 

13 shall annually compile a priority list identifying the 

14 intended uses of the amounts made available for 

15 grants under subsection (e). 

16 ‘‘(2) INCLUSIONS.—The annual priority list 

17 shall include— 

18 ‘‘(A) a prioritized list of specific activities, 

19 projects, programs, and studies that will meet 

20 the goals and objectives of the approved com21 prehensive plan; 

22 ‘‘(B) information on the activities, projects, 

23 programs, and studies to be supported, including 

24 a description of— 


smartinez on DSKB9S0YB1PROD with BILLS
18 

•S 2739 RS

1 ‘‘(i) the terms of financial assistance; 

2 and 

3 ‘‘(ii) the communities to be served; and 

4 ‘‘(C) the criteria and methods established by 

5 the Puget Sound Partnership for selection of ac6 tivities, projects, programs, and studies. 

7 ‘‘(3) APPROVAL.— 

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

9 other provision of this Act, the identification and 

10 determination of the priority of activities, 

11 projects, programs, and studies shall be— 

12 ‘‘(i) made by the Puget Sound Part13 nership, in consultation with the Puget 

14 Sound Federal Caucus; and 

15 ‘‘(ii) be subject to approval by the Ad16 ministrator. 

17 ‘‘(B) PRIORITY LIST.—Approval by the Ad18 ministrator of the annual priority list shall be 

19 based on a determination of whether the projects 

20 listed advance the goals and objectives of the ap21 proved comprehensive plan. 

22 ‘‘(C) FAILURE OF ADMINISTRATOR TO RE23 SPOND.—If, by the date that is 90 days after the 

24 date of submission to the Administrator of an 

25 annual priority list by the Puget Sound PartVerDate Mar 15 2010 23:54 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\S2739.RS S2739

smartinez on DSKB9S0YB1PROD with BILLS
19 

•S 2739 RS

1 nership, the Administrator fails to respond to the 

2 submission in writing, the annual priority list 

3 shall be considered to be approved. 

4 ‘‘(4) FAILURE TO COMPILE LIST.—If, for any 

5 year, the Puget Sound Partnership fails to compile 

6 an annual priority list in accordance with paragraph 

7 (1), the Administrator shall compile a priority list for 

8 that year that includes— 

9 ‘‘(A) activities and projects that advance the 

10 goals and objectives of the approved comprehen11 sive plan; and 

12 ‘‘(B) any identified activities and projects 

13 from previously approved priority lists that have 

14 not yet been funded. 

15 ‘‘(e) IMPLEMENTATION OF COMPREHENSIVE PLAN.— 

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

17 through the Regional Administrator, may provide 

18 grants for activities, projects, programs, and studies 

19 to implement the comprehensive plan. 

20 ‘‘(2) FUNDING.—In providing funding under 

21 this subsection, the Administrator shall use— 

22 ‘‘(A) the greater of $5,000,000 or 7.5 per23 cent of the funds made available under this sec24 tion to provide a comprehensive grant to the 

25 Puget Sound Partnership for use in— 


smartinez on DSKB9S0YB1PROD with BILLS
20 

•S 2739 RS

1 ‘‘(i) tracking the implementation of the 

2 comprehensive plan; 

3 ‘‘(ii) monitoring environmental out4 comes; 

5 ‘‘(iii) updating the comprehensive 

6 plan; 

7 ‘‘(iv) developing the annual priority 

8 list; and 

9 ‘‘(v) performing other administrative 

10 activities relating to the management and 

11 implementation of the comprehensive plan; 

12 ‘‘(B) not more than 5 percent of the funds 

13 made available under this section to carry out 

14 the responsibilities of the Administrator under 

15 this section; 

16 ‘‘(C) not less than the greater of $3,000,000 

17 or 5 percent of the funds made available under 

18 this section to implement cooperative agreements 

19 or provide grants to Puget Sound tribes to carry 

20 out specific activities, projects, programs, or 

21 studies identified in the annual priority list; and 

22 ‘‘(D) the remainder of the funds made 

23 available under this section to provide grants for 

24 use in implementing specific activities, projects, 


smartinez on DSKB9S0YB1PROD with BILLS
21 

•S 2739 RS

1 programs, or studies identified in the annual 

2 priority list to— 

3 ‘‘(i) State or regional agencies or enti4 ties; 

5 ‘‘(ii) local governments; or 

6 ‘‘(iii) other public or nonprofit agen7 cies, institutions, or organizations. 

8 ‘‘(3) CONDITIONS FOR GRANT ELIGIBILITY.— 

9 ‘‘(A) IN GENERAL.—An entity shall be eligi10 ble for funding under paragraph (2)(C) only if 

11 funds will be used for projects and activities that 

12 are— 

13 ‘‘(i) identified in the annual priority 

14 list; and 

15 ‘‘(ii) advance the goals and objectives 

16 of the approved comprehensive plan. 

17 ‘‘(B) ELIGIBILITY OF STATE AGENCIES.—If 

18 the Administrator implements a competitive 

19 process to provide awards under this subsection, 

20 the State of Washington (including all agencies 

21 and departments of the State) shall be eligible to 

22 participate in the process. 

23 ‘‘(C) MEASURABLE OUTCOMES, BENCH24 MARKS, TARGETS.—The Administrator shall pro25 vide grants under paragraph (2) if, in the judgVerDate Mar 15 2010 23:54 Sep 16, 2010 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6203 E:\BILLS\S2739.RS S2739

smartinez on DSKB9S0YB1PROD with BILLS
22 

•S 2739 RS

1 ment of the Administrator, the Puget Sound 

2 Partnership has defined and adopted the meas3 urable outcomes, near-term benchmarks, and 

4 long-term targets that are necessary to meet the 

5 goals and objectives of the comprehensive plan. 

6 ‘‘(4) DISTRIBUTION.—Not later than 180 days 

7 after the date on which funds are made available to 

8 carry out this section, the Administrator shall obli9 gate all funds made available for grants under para10 graph (2). 

11 ‘‘(5) FAILURE TO DISTRIBUTE.—If all funds 

12 made available for grants under paragraph (2) are 

13 not obligated by the date specified in paragraph (4), 

14 the Administrator shall promptly submit to the ap15 propriate committees of the Senate and the House of 

16 Representatives a report that— 

17 ‘‘(A) describes the reasons for the failure to 

18 obligate the funds; and 

19 ‘‘(B) provides a date certain by which all 

20 funds will be distributed. 

21 ‘‘(6) FEDERAL SHARE.—The Federal share of the 

22 cost of a project, program, or study carried out under 

23 this subsection shall be— 


smartinez on DSKB9S0YB1PROD with BILLS
23 

•S 2739 RS

1 ‘‘(A) not more than 75 percent of the an2 nual aggregate costs of the activities described in 

3 paragraph (2)(A); or 

4 ‘‘(B) not more than 50 percent of the cost 

5 of an activity project, program, or study funded 

6 under paragraph (2)(C). 

7 ‘‘(7) FORM OF NON-FEDERAL SHARE.—The non8 Federal share of the cost of any project, program, or 

9 study funded under this subsection shall be provided 

10 from non-Federal sources. 

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

12 of the annual budget of the Federal Government, shall sub13 mit information regarding each Federal agency involved in 

14 Puget Sound protection and restoration, including— 

15 ‘‘(1) an interagency crosscut budget that de16 scribes for each Federal agency— 

17 ‘‘(A) amounts obligated for the preceding 

18 fiscal year for protection and restoration activi19 ties, projects, programs, and studies relating to 

20 Puget Sound; 

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

22 fiscal year for protection and restoration activi23 ties, projects, programs, and studies relating to 

24 Puget Sound; and 


smartinez on DSKB9S0YB1PROD with BILLS
24 

•S 2739 RS

1 ‘‘(C) the proposed budget for protection and 

2 restoration activities, projects, programs, and 

3 studies relating to Puget Sound; and 

4 ‘‘(2) a description and assessment of the Federal 

5 role in the implementation of the comprehensive plan 

6 and the specific role of each Federal agency involved 

7 in Puget Sound protection and restoration, including 

8 specific activities, projects, programs, and studies 

9 conducted or planned to achieve the identified goals 

10 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 report 

15 that— 

16 ‘‘(1) summarizes the progress made in imple17 menting the comprehensive plan and progress toward 

18 achieving the identified goals and objectives described 

19 in the comprehensive plan; 

20 ‘‘(2) summarizes any modifications to the com21 prehensive plan during the period covered by the re22 port; 

23 ‘‘(3) incorporates specific recommendations con24 cerning the implementation of the comprehensive 

25 plan; 


smartinez on DSKB9S0YB1PROD with BILLS
25 

•S 2739 RS

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; and 

5 ‘‘(5) includes any other information determined 

6 to be relevant by the Administrator or the Executive 

7 Director. 

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be ap10 propriated to the Administrator to carry out this sec11 tion $90,000,000 for each of fiscal years 2011 through 

12 2015, to remain available until expended. 

13 ‘‘(2) ELIGIBILITY.—The Puget Sound Partner14 ship shall not receive any funding pursuant to section 

15 320 for any fiscal year in which the Puget Sound 

16 Partnership receives funding under subsection 

17 (e)(2)(A).’’. 

Amend the title so as to read: ‘‘A bill to amend the 

Federal Water Pollution Control Act to provide for implementation of the Puget Sound comprehensive conservation and management plan, and for other purposes.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
Calendar No. 568 

111TH CONGRESS 

2D SESSION S. 2739 

[Report No. 111–292] 

A BILL 

To amend the Federal Water Pollution Control Act 

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

SEPTEMBER 16, 2010 

Reported with an amendment and an amendment to the 

title 


smartinez on DSKB9S0YB1PROD with BILLS