IIB 
111TH CONGRESS 
1ST SESSION H. R. 1262 
IN THE SENATE OF THE UNITED STATES 
MARCH 16, 2009 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
To amend the Federal Water Pollution Control Act to au-
thorize appropriations for State water pollution control 
revolving funds, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Water Quality Investment Act of 2009’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of Federal Water Pollution Control Act. 
TITLE I—WATER QUALITY FINANCING 
Subtitle A—Technical and Management Assistance 
Sec. 1101. Technical assistance. 
Sec. 1102. State management assistance. 
Sec. 1103. Watershed pilot projects. 
Subtitle B—Construction of Treatment Works 
Sec. 1201. Sewage collection systems. 
Sec. 1202. Treatment works defined. 
Subtitle C—State Water Pollution Control Revolving Funds 
Sec. 1301. General authority for capitalization grants. 
Sec. 1302. Capitalization grant agreements. 
Sec. 1303. Water pollution control revolving loan funds. 
Sec. 1304. Allotment of funds. 
Sec. 1305. Intended use plan. 
Sec. 1306. Annual Reports. 
Sec. 1307. Technical assistance; requirements for use of American materials. 
Sec. 1308. Authorization of appropriations. 
Subtitle D—General Provisions 
Sec. 1401. Definition of treatment works. 
Sec. 1402. Funding for Indian programs. 
Subtitle E—Tonnage Duties 
Sec. 1501. Tonnage duties. 
Sec. 1502. United States-Mexican border water infrastructure studies. 
TITLE II—ALTERNATIVE WATER SOURCE PROJECTS 
Sec. 2001. Pilot program for alternative water source projects. 
TITLE III—SEWER OVERFLOW CONTROL GRANTS 
Sec. 3001. Sewer overflow control grants. 
TITLE IV—MONITORING, REPORTING, AND PUBLIC NOTIFICATION 
OF SEWER OVERFLOWS 
Sec. 4001. Monitoring, reporting, and public notification of sewer overflows. 
TITLE V—GREAT LAKES LEGACY REAUTHORIZATION 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
Sec. 5001. Remediation of sediment contamination in areas of concern. 
Sec. 5002. Public information program. 
Sec. 5003. Contaminated sediment remediation approaches, technologies, and 
techniques. 
Sec. 5004. Great Lakes water quality. 
TITLE VI—PHARMACEUTICALS AND PERSONAL CARE PRODUCTS 
Sec. 6001. Presence of pharmaceuticals and personal care products in waters 
of the United States. 
TITLE VII—MISCELLANEOUS 
Sec. 7001. Task force on proper disposal of unused pharmaceuticals. 
TITLE VIII—OMB STUDY 
Sec. 8001. Evaluation using program assessment rating tool. 
TITLE IX—CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY 
Sec. 9001. Chesapeake Bay Crosscut Budget. 
Sec. 9002. Adaptive Management Plan. 
Sec. 9003. Definitions. 
SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON-
TROL ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.). 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
TITLE I—WATER QUALITY 
FINANCING 
Subtitle A—Technical and 
Management Assistance 
SEC. 1101. TECHNICAL ASSISTANCE. 
(a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL 
TREATMENT
WORKS.—Section 
104(b) 
(33 
U.S.C. 
1254(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) make grants to nonprofit organizations— 
‘‘(A) to provide technical assistance to 
rural and small municipalities and tribal gov-
ernments for the purpose of assisting, in con-
sultation with the State in which the assistance 
is provided, such municipalities and tribal gov-
ernments in the planning, developing, and ac-
quisition of financing for eligible projects de-
scribed in section 603(c); 
‘‘(B) to provide technical assistance and 
training for rural, small, and tribal publicly 
owned treatment works and decentralized 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
wastewater treatment systems to enable such 
treatment works and systems to protect water 
quality and achieve and maintain compliance 
with the requirements of this Act; and 
‘‘(C) to disseminate information to rural, 
small, and tribal municipalities and municipali-
ties that meet the affordability criteria estab-
lished under section 603(i)(2) by the State in 
which the municipality is located with respect to 
planning, design, construction, and operation of 
publicly owned treatment works and decentral-
ized wastewater treatment systems.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
104(u) (33 U.S.C. 1254(u)) is amended— 
(1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘; and (7) not to exceed $100,000,000 for 
each of fiscal years 2010 through 2014 for carrying 
out subsections (b)(3), (b)(8), and (g), except that 
not less than 20 percent of the amounts appro-
priated pursuant to this paragraph in a fiscal year 
shall be used for carrying out subsection (b)(8)’’. 
(c) 
SMALL
FLOWS
CLEARINGHOUSE.—Section 
104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(1) 
in 
the 
first 
sentence 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’; and 
(2) in the second sentence by striking ‘‘1986’’ 
and inserting ‘‘2011’’. 
SEC. 1102. STATE MANAGEMENT ASSISTANCE. 
Section 106(a) (33 U.S.C. 1256(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the semicolon at the end of 
paragraph (2) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) such sums as may be necessary for each 
of 
fiscal 
years 
1991 
through 
2009, 
and 
$300,000,000 for each of fiscal years 2010 through 
2014;’’. 
SEC. 1103. WATERSHED PILOT PROJECTS. 
(a) PILOT
PROJECTS.—Section 122 (33 U.S.C. 
1274) is amended— 
(1) in the section heading by striking ‘‘WET 
WEATHER’’; and 
(2) in subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(i) by striking ‘‘for treatment works’’ 
and inserting ‘‘to a municipality or munic-
ipal entity’’; and 
(ii) by striking ‘‘wet weather dis-
charge’’; 
(B) in paragraph (2) by striking ‘‘in reduc-
ing such pollutants’’ and all that follows before 
the period at the end and inserting ‘‘to manage, 
reduce, treat, or reuse municipal stormwater, 
including low-impact development technologies 
and other techniques that utilize infiltration, 
evapotranspiration, and reuse of storm water on 
site’’; and 
(C) by adding at the end the following: 
‘‘(3) WATERSHED PARTNERSHIPS.—Efforts of 
municipalities and property owners to demonstrate 
cooperative ways to address nonpoint sources of pol-
lution to reduce adverse impacts on water quality. 
‘‘(4) INTEGRATED WATER RESOURCE PLAN.— 
The development of an integrated water resource 
plan for the coordinated management and protection 
of surface water, ground water, and stormwater re-
sources on a watershed or subwatershed basis to 
meet the objectives, goals, and policies of this Act. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(5) MUNICIPALITY-WIDE STORM WATER MAN-
AGEMENT PLANNING.—The development of a mu-
nicipality-wide plan that identifies the most effective 
placement of storm water technologies and manage-
ment approaches, including green infrastructure, to 
reduce water quality impairments from storm water 
on a municipality-wide basis.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—The first 
sentence of section 122(c)(1) is amended— 
(1) by striking ‘‘and’’; and 
(2) by striking the period and inserting ‘‘, such 
sums as may be necessary for each of fiscal years 
2005 through 2009, and $100,000,000 for each of 
fiscal years 2010 through 2014’’. 
(c) REPORT
TO
CONGRESS.—Section 122(d) is 
amended by striking ‘‘5 years after the date of enactment 
of this section,’’ and inserting ‘‘October 1, 2011,’’. 
Subtitle B—Construction of 
Treatment Works 
SEC. 1201. SEWAGE COLLECTION SYSTEMS. 
Section 211 (33 U.S.C. 1291) is amended— 
(1) by striking the section heading and all that 
follows through ‘‘(a) No’’ and inserting the fol-
lowing: 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
project is to accomplish the objectives, goals, and 
policies of this Act by addressing an adverse envi-
ronmental condition existing on the date of enact-
ment of this paragraph.’’. 
SEC. 1202. TREATMENT WORKS DEFINED. 
Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amend-
ed— 
(1) by striking ‘‘any works, including site’’; 
(2) by striking ‘‘is used for ultimate’’ and in-
serting ‘‘will be used for ultimate’’; and 
(3) by inserting before the period at the end the 
following: ‘‘and acquisition of other lands, and inter-
ests in lands, which are necessary for construction’’. 
Subtitle C—State Water Pollution 
Control Revolving Funds 
SEC. 1301. GENERAL AUTHORITY FOR CAPITALIZATION 
GRANTS. 
Section 601(a) (33 U.S.C. 1381(a)) is amended by 
striking ‘‘for providing assistance’’ and all that follows 
through the period at the end and inserting the following: 
‘‘to accomplish the objectives, goals, and policies of this 
Act by providing assistance for projects and activities 
identified in section 603(c).’’. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
SEC. 1302. CAPITALIZATION GRANT AGREEMENTS. 
(a) REPORTING INFRASTRUCTURE ASSETS.—Section 
602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by striking 
‘‘standards’’ and inserting ‘‘standards, including stand-
ards relating to the reporting of infrastructure assets’’. 
(b) ADDITIONAL REQUIREMENTS.—Section 602(b) 
(33 U.S.C. 1382(b)) is amended— 
(1) in paragraph (6)— 
(A) by striking ‘‘before fiscal year 1995’’; 
(B) by striking ‘‘funds directly made avail-
able by capitalization grants under this title 
and section 205(m) of this Act’’ and inserting 
‘‘assistance made available by a State water 
pollution control revolving fund as authorized 
under this title, or with assistance made avail-
able under section 205(m), or both,’’; and 
(C) by striking ‘‘201(b)’’ and all that fol-
lows through ‘‘513’’ and inserting ‘‘211 and 
511(c)(1)’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(9); 
(3) by striking the period at the end of para-
graph (10) and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(11) the State will establish, maintain, invest, 
and credit the fund with repayments, such that the 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
fund balance will be available in perpetuity for pro-
viding financial assistance in accordance with this 
title; 
‘‘(12) any fees charged by the State to recipi-
ents of assistance that are considered program in-
come will be used for the purpose of financing the 
cost of administering the fund or financing projects 
or activities eligible for assistance from the fund; 
‘‘(13) beginning in fiscal year 2011, the State 
will include as a condition of providing assistance to 
a municipality or intermunicipal, interstate, or State 
agency that the recipient of such assistance certify, 
in a manner determined by the Governor of the 
State, that the recipient— 
‘‘(A) has studied and evaluated the cost 
and effectiveness of the processes, materials, 
techniques, and technologies for carrying out 
the proposed project or activity for which assist-
ance is sought under this title, and has selected, 
to the extent practicable, a project or activity 
that maximizes the potential for efficient water 
use, reuse, and conservation, and energy con-
servation, taking into account the cost of con-
structing the project or activity, the cost of op-
erating and maintaining the project or activity 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
over its life, and the cost of replacing the 
project or activity; and 
‘‘(B) has considered, to the maximum ex-
tent practicable and as determined appropriate 
by the recipient, the costs and effectiveness of 
other design, management, and financing ap-
proaches for carrying out a project or activity 
for which assistance is sought under this title, 
taking into account the cost of constructing the 
project or activity, the cost of operating and 
maintaining the project or activity over its life, 
and the cost of replacing the project or activity; 
‘‘(14) the State will use at least 15 percent of 
the amount of each capitalization grant received by 
the State under this title after September 30, 2010, 
to provide assistance to municipalities of fewer than 
10,000 individuals that meet the affordability cri-
teria established by the State under section 
603(i)(2) for activities included on the State’s pri-
ority list established under section 603(g), to the ex-
tent that there are sufficient applications for such 
assistance; 
‘‘(15) a contract to be carried out using funds 
directly made available by a capitalization grant 
under this title for program management, construc-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
tion management, feasibility studies, preliminary en-
gineering, design, engineering, surveying, mapping, 
or architectural related services shall be negotiated 
in the same manner as a contract for architectural 
and engineering services is negotiated under chapter 
11 of title 40, United States Code, or an equivalent 
State qualifications-based requirement (as deter-
mined by the Governor of the State); and 
‘‘(16) the requirements of section 513 will apply 
to the construction of treatment works carried out in 
whole or in part with assistance made available by 
a State water pollution control revolving fund as au-
thorized under this title, or with assistance made 
available under section 205(m), or both, in the same 
manner as treatment works for which grants are 
made under this Act.’’. 
SEC. 1303. WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS. 
(a) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS-
SISTANCE.—Section 603(c) (33 U.S.C. 1383(c)) is amend-
ed to read as follows: 
‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS-
SISTANCE.—The amounts of funds available to each State 
water pollution control revolving fund shall be used only 
for providing financial assistance— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(1) to any municipality or intermunicipal, 
interstate, or State agency for construction of pub-
licly owned treatment works; 
‘‘(2) for the implementation of a management 
program established under section 319; 
‘‘(3) for development and implementation of a 
conservation and management plan under section 
320; 
‘‘(4) for the implementation of lake protection 
programs and projects under section 314; 
‘‘(5) for repair or replacement of decentralized 
wastewater treatment systems that treat domestic 
sewage; 
‘‘(6) for measures to manage, reduce, treat, or 
reuse 
municipal 
stormwater, 
agricultural 
stormwater, and return flows from irrigated agri-
culture; 
‘‘(7) to any municipality or intermunicipal, 
interstate, or State agency for measures to reduce 
the demand for publicly owned treatment works ca-
pacity through water conservation, efficiency, or 
reuse; 
‘‘(8) for the development and implementation of 
watershed projects meeting the criteria set forth in 
section 122; and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
603(c)(1), the recipient of a loan will develop 
and implement a fiscal sustainability plan that 
includes— 
‘‘(i) an inventory of critical assets 
that are a part of that portion of the treat-
ment works; 
‘‘(ii) an evaluation of the condition 
and performance of inventoried assets or 
asset groupings; 
‘‘(iii) a certification that the recipient 
has evaluated and will be implementing 
water and energy conservation efforts as 
part of the plan; and 
‘‘(iv) a plan for maintaining, repair-
ing, and, as necessary, replacing that por-
tion of the treatment works and a plan for 
funding such activities;’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 603(d)(7) 
(33 U.S.C. 1383(d)(7)) is amended by inserting before the 
period at the end the following: ‘‘, $400,000 per year, or 
1⁄5 percent per year of the current valuation of the fund, 
whichever amount is greatest, plus the amount of any fees 
collected by the State for such purpose regardless of the 
source’’. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(e) TECHNICAL
AND PLANNING ASSISTANCE
FOR 
SMALL SYSTEMS.—Section 603(d) (33 U.S.C. 1383(d)) is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) to provide grants to owners and operators 
of treatment works that serve a population of 
10,000 or fewer for obtaining technical and planning 
assistance and assistance in financial management, 
user fee analysis, budgeting, capital improvement 
planning, facility operation and maintenance, equip-
ment replacement, repair schedules, and other activi-
ties to improve wastewater treatment plant manage-
ment and operations, except that the total amount 
provided by the State in grants under this para-
graph for a fiscal year may not exceed one percent 
of the total amount of assistance provided by the 
State from the fund in the preceding fiscal year, or 
2 percent of the total amount received by the State 
in capitalization grants under this title in the pre-
ceding fiscal year, whichever amount is greatest; and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(9) to provide grants to owners and operators 
of treatment works for conducting an assessment of 
the energy and water consumption of the treatment 
works, and evaluating potential opportunities for en-
ergy and water conservation through facility oper-
ation and maintenance, equipment replacement, and 
projects or activities that promote the efficient use 
of energy and water by the treatment works, except 
that the total amount provided by the State in 
grants under this paragraph for a fiscal year may 
not exceed one percent of the total amount of assist-
ance provided by the State from the fund in the pre-
ceding fiscal year, or 2 percent of the total amount 
received by the State in capitalization grants under 
this title in the preceding fiscal year, whichever 
amount is greatest.’’. 
(f) ADDITIONAL SUBSIDIZATION.—Section 603 (33 
U.S.C. 1383) is amended by adding at the end the fol-
lowing: 
‘‘(i) ADDITIONAL SUBSIDIZATION.— 
‘‘(1) IN
GENERAL.—In any case in which a 
State provides assistance to a municipality or inter-
municipal, interstate, or State agency under sub-
section (d), the State may provide additional sub-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
sidization, including forgiveness of principal and 
negative interest loans— 
‘‘(A) to benefit a municipality that— 
‘‘(i) meets the State’s affordability 
criteria established under paragraph (2); 
or 
‘‘(ii) does not meet the State’s afford-
ability criteria if the recipient— 
‘‘(I) seeks additional subsidiza-
tion to benefit individual ratepayers in 
the residential user rate class; 
‘‘(II) demonstrates to the State 
that such ratepayers will experience a 
significant hardship from the increase 
in rates necessary to finance the 
project or activity for which assistance 
is sought; and 
‘‘(III) ensures, as part of an as-
sistance agreement between the State 
and the recipient, that the additional 
subsidization 
provided 
under 
this 
paragraph is directed through a user 
charge rate system (or other appro-
priate method) to such ratepayers; or 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(B) to implement a process, material, 
technique, or technology to address water-effi-
ciency goals, address energy-efficiency goals, 
mitigate stormwater runoff, or encourage envi-
ronmentally sensitive project planning, design, 
and construction. 
‘‘(2) AFFORDABILITY CRITERIA.— 
‘‘(A) ESTABLISHMENT.—On or before Sep-
tember 30, 2010, and after providing notice 
and an opportunity for public comment, a State 
shall establish affordability criteria to assist in 
identifying municipalities that would experience 
a significant hardship raising the revenue nec-
essary to finance a project or activity eligible 
for assistance under section 603(c)(1) if addi-
tional subsidization is not provided. Such cri-
teria shall be based on income data, population 
trends, and other data determined relevant by 
the State, including whether the project or ac-
tivity is to be carried out in an economically 
distressed area, as described in section 301 of 
the Public Works and Economic Development 
Act of 1965 (42 U.S.C. 3161). 
‘‘(B) EXISTING CRITERIA.—If a State has 
previously established, after providing notice 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
and an opportunity for public comment, afford-
ability criteria that meet the requirements of 
subparagraph (A), the State may use the cri-
teria for the purposes of this subsection. For 
purposes of this Act, any such criteria shall be 
treated as affordability criteria established 
under this paragraph. 
‘‘(C) INFORMATION TO ASSIST STATES.— 
The Administrator may publish information to 
assist States in establishing affordability cri-
teria under subparagraph (A). 
‘‘(3) PRIORITY.—A State may give priority to a 
recipient for a project or activity eligible for funding 
under section 603(c)(1) if the recipient meets the 
State’s affordability criteria. 
‘‘(4) SET-ASIDE.— 
‘‘(A) IN GENERAL.—In any fiscal year in 
which the Administrator has available for obli-
gation more than $1,000,000,000 for the pur-
poses of this title, a State shall provide addi-
tional subsidization under this subsection in the 
amount specified in subparagraph (B) to eligi-
ble entities described in paragraph (1) for 
projects and activities identified in the State’s 
intended use plan prepared under section 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
606(c) to the extent that there are sufficient 
applications for such assistance. 
‘‘(B) AMOUNT.—In a fiscal year described 
in subparagraph (A), a State shall set aside for 
purposes of subparagraph (A) an amount not 
less than 25 percent of the difference be-
tween— 
‘‘(i) the total amount that would have 
been allotted to the State under section 
604 for such fiscal year if the amount 
available to the Administrator for obliga-
tion under this title for such fiscal year 
had been equal to $1,000,000,000; and 
‘‘(ii) the total amount allotted to the 
State under section 604 for such fiscal 
year. 
‘‘(5) LIMITATION.—The total amount of addi-
tional subsidization provided under this subsection 
by a State may not exceed 30 percent of the total 
amount of capitalization grants received by the State 
under this title in fiscal years beginning after Sep-
tember 30, 2009.’’. 
SEC. 1304. ALLOTMENT OF FUNDS. 
(a) IN
GENERAL.—Section 604(a) (33 U.S.C. 
1384(a)) is amended to read as follows: 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(a) ALLOTMENTS.— 
‘‘(1) FISCAL YEARS 2010 AND 2011.—Sums ap-
propriated to carry out this title for each of fiscal 
years 2010 and 2011 shall be allotted by the Admin-
istrator in accordance with the formula used to allot 
sums appropriated to carry out this title for fiscal 
year 2009. 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
Sums appropriated to carry out this title for fiscal 
year 2012 and each fiscal year thereafter shall be al-
lotted by the Administrator as follows: 
‘‘(A) 
Amounts 
that 
do 
not 
exceed 
$1,350,000,000 shall be allotted in accordance 
with the formula described in paragraph (1). 
‘‘(B) Amounts that exceed $1,350,000,000 
shall be allotted in accordance with the formula 
developed by the Administrator under sub-
section (d).’’. 
(b) PLANNING ASSISTANCE.—Section 604(b) (33 
U.S.C. 1384(b)) is amended by striking ‘‘1 percent’’ and 
inserting ‘‘2 percent’’. 
(c) FORMULA.—Section 604 (33 U.S.C. 1384) is 
amended by adding at the end the following: 
‘‘(d) 
FORMULA
BASED
ON
WATER
QUALITY 
NEEDS.—Not later than September 30, 2011, and after 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
providing notice and an opportunity for public comment, 
the Administrator shall publish an allotment formula 
based on water quality needs in accordance with the most 
recent survey of needs developed by the Administrator 
under section 516(b).’’. 
SEC. 1305. INTENDED USE PLAN. 
(a) INTEGRATED PRIORITY LIST.—Section 603(g) 
(33 U.S.C. 1383(g)) is amended to read as follows: 
‘‘(g) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—For fiscal year 2011 and 
each fiscal year thereafter, a State shall establish or 
update a list of projects and activities for which as-
sistance is sought from the State’s water pollution 
control revolving fund. Such projects and activities 
shall be listed in priority order based on the method-
ology established under paragraph (2). The State 
may provide financial assistance from the State’s 
water pollution control revolving fund only with re-
spect to a project or activity included on such list. 
In the case of projects and activities eligible for as-
sistance under section 603(c)(2), the State may in-
clude a category or subcategory of nonpoint sources 
of pollution on such list in lieu of a specific project 
or activity. 
‘‘(2) METHODOLOGY.— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this paragraph, 
and after providing notice and opportunity for 
public comment, each State (acting through the 
State’s water quality management agency and 
other appropriate agencies of the State) shall 
establish a methodology for developing a pri-
ority list under paragraph (1). 
‘‘(B) PRIORITY
FOR
PROJECTS
AND
AC-
TIVITIES
THAT
ACHIEVE
GREATEST
WATER 
QUALITY
IMPROVEMENT.—In developing the 
methodology, the State shall seek to achieve the 
greatest degree of water quality improvement, 
taking into consideration the requirements of 
section 602(b)(5) and section 603(i)(3), wheth-
er such water quality improvements would be 
realized without assistance under this title, and 
whether the proposed projects and activities 
would address water quality impairments asso-
ciated with existing treatment works. 
‘‘(C) 
CONSIDERATIONS
IN
SELECTING 
PROJECTS
AND
ACTIVITIES.—In determining 
which projects and activities will achieve the 
greatest degree of water quality improvement, 
the State shall consider— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(i) information developed by the 
State under sections 303(d) and 305(b); 
‘‘(ii) the State’s continuing planning 
process developed under section 303(e); 
‘‘(iii) the State’s management pro-
gram developed under section 319; and 
‘‘(iv) conservation and management 
plans developed under section 320. 
‘‘(D) NONPOINT SOURCES.—For categories 
or subcategories of nonpoint sources of pollu-
tion that a State may include on its priority list 
under paragraph (1), the State shall consider 
the cumulative water quality improvements as-
sociated with projects or activities in such cat-
egories or subcategories. 
‘‘(E) EXISTING
METHODOLOGIES.—If a 
State has previously developed, after providing 
notice and an opportunity for public comment, 
a methodology that meets the requirements of 
this paragraph, the State may use the method-
ology for the purposes of this subsection.’’. 
(b) INTENDED USE PLAN.—Section 606(c) (33 
U.S.C. 1386(c)) is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘each State shall annually prepare’’ and in-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
serting ‘‘each State (acting through the State’s 
water quality management agency and other appro-
priate agencies of the State) shall annually prepare 
and publish’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) the State’s priority list developed under 
section 603(g);’’; 
(3) in paragraph (4)— 
(A) by striking ‘‘and (6)’’ and inserting 
‘‘(6), (15), and (17)’’; and 
(B) by striking ‘‘and’’ at the end; 
(4) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(6) if the State does not fund projects and ac-
tivities in the order of the priority established under 
section 603(g), an explanation of why such a change 
in order is appropriate.’’. 
(c) TRANSITIONAL PROVISION.—Before completion 
of a priority list based on a methodology established under 
section 603(g) of the Federal Water Pollution Control Act 
(as amended by this section), a State shall continue to 
comply with the requirements of sections 603(g) and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
606(c) of such Act, as in effect on the day before the date 
of enactment of this Act. 
SEC. 1306. ANNUAL REPORTS. 
Section 606(d) (33 U.S.C. 1386(d)) is amended— 
(1) by striking ‘‘(d) ANNUAL REPORT.—Begin-
ning’’ and inserting the following: 
‘‘(d) ANNUAL REPORTS.— 
‘‘(1) STATE REPORT.—Beginning’’; 
(2) in paragraph (1) (as so designated) by 
striking ‘‘loan amounts,’’ and inserting ‘‘loan 
amounts, the eligible purposes under section 603(c) 
for which the assistance has been provided,’’; and 
(3) by adding at the end the following: 
‘‘(2) FEDERAL
REPORT.—The Administrator 
shall annually prepare, and make publicly available, 
a report on the performance of the projects and ac-
tivities carried out in whole or in part with assist-
ance made available by a State water pollution con-
trol revolving fund as authorized under this title 
during the previous fiscal year, including— 
‘‘(A) the annual and cumulative financial 
assistance provided to States under this title; 
‘‘(B) the categories and types of such 
projects and activities; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(C) an estimate of the number of jobs 
created through carrying out such projects and 
activities; 
‘‘(D) an assessment of the progress made 
toward meeting the goals and purposes of this 
Act through such projects and activities; and 
‘‘(E) any additional information that the 
Administrator considers appropriate.’’. 
SEC. 1307. TECHNICAL ASSISTANCE; REQUIREMENTS FOR 
USE OF AMERICAN MATERIALS. 
Title VI (33 U.S.C. 1381 et seq.) is amended— 
(1) by redesignating section 607 as section 609; 
and 
(2) by inserting after section 606 the following: 
‘‘SEC. 607. TECHNICAL ASSISTANCE. 
‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 
year after the date of enactment of this section, the Ad-
ministrator shall assist the States in establishing sim-
plified procedures for treatment works to obtain assistance 
under this title. 
‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 
years after the date of the enactment of this section, and 
after providing notice and opportunity for public comment, 
the Administrator shall publish a manual to assist treat-
ment works in obtaining assistance under this title and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
publish in the Federal Register notice of the availability 
of the manual. 
‘‘(c) COMPLIANCE CRITERIA.—At the request of any 
State, the Administrator, after providing notice and an op-
portunity for public comment, shall assist in the develop-
ment of criteria for a State to determine compliance with 
the conditions of funding assistance established under sec-
tions 602(b)(13) and 603(d)(1)(E). 
‘‘SEC. 608. REQUIREMENTS FOR USE OF AMERICAN MATE-
RIALS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, none of the funds made available by a State 
water pollution control revolving fund as authorized under 
this title may be used for the construction of treatment 
works unless the steel, iron, and manufactured goods used 
in such treatment works are produced in the United 
States. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case in which the Administrator (in consultation with 
the Governor of the State) finds that— 
‘‘(1) applying subsection (a) would be incon-
sistent with the public interest; 
‘‘(2) steel, iron, and manufactured goods are 
not produced in the United States in sufficient and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
reasonably available quantities and of a satisfactory 
quality; or 
‘‘(3) inclusion of steel, iron, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
‘‘(c) PUBLIC NOTIFICATION
AND WRITTEN JUS-
TIFICATION FOR WAIVER.—If the Administrator deter-
mines that it is necessary to waive the application of sub-
section (a) based on a finding under subsection (b), the 
Administrator shall— 
‘‘(1) not less than 15 days prior to waiving ap-
plication of subsection (a), provide public notice and 
the opportunity to comment on the Administrator’s 
intent to issue such waiver; and 
‘‘(2) upon issuing such waiver, publish in the 
Federal Register a detailed written justification as 
to why the provision is being waived. 
‘‘(d) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements.’’. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
SEC. 1308. AUTHORIZATION OF APPROPRIATIONS. 
Section 609 (as redesignated by section 1307 of this 
Act) is amended by striking paragraphs (1) through (5) 
and inserting the following: 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) $2,400,000,000 for fiscal year 2010; 
‘‘(2) $2,700,000,000 for fiscal year 2011; 
‘‘(3) $2,800,000,000 for fiscal year 2012; 
‘‘(4) $2,900,000,000 for fiscal year 2013; and 
‘‘(5) $3,000,000,000 for fiscal year 2014. 
‘‘(b) PROHIBITION
ON EARMARKS.—None of the 
funds appropriated pursuant to subsection (a) may be 
used for a congressional earmark as defined in clause 9d, 
of Rule XXI of the rules of the House of Representa-
tives.’’. 
Subtitle D—General Provisions 
SEC. 1401. DEFINITION OF TREATMENT WORKS. 
Section 502 (33 U.S.C. 1362) is amended by adding 
at the end the following: 
‘‘(26) TREATMENT WORKS.—The term ‘treat-
ment works’ has the meaning given that term in sec-
tion 212.’’. 
SEC. 1402. FUNDING FOR INDIAN PROGRAMS. 
Section 518(c) (33 U.S.C. 1377) is amended— 
(1) by striking ‘‘The Administrator’’ and insert-
ing the following: 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(1) FISCAL YEARS 1987–2008.—The Adminis-
trator’’; 
(2) in paragraph (1) (as so designated)— 
(A) by inserting ‘‘and ending before Octo-
ber 1, 2008,’’ after ‘‘1986,’’; and 
(B) by striking the second sentence; and 
(3) by adding at the end the following: 
‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.— 
For fiscal year 2009 and each fiscal year thereafter, 
the Administrator shall reserve, before allotments to 
the States under section 604(a), not less than 0.5 
percent and not more than 1.5 percent of the funds 
made available to carry out title VI. 
‘‘(3) USE OF FUNDS.—Funds reserved under 
this subsection shall be available only for grants for 
projects and activities eligible for assistance under 
section 603(c) to serve— 
‘‘(A) Indian tribes (as defined in section 
518(h)); 
‘‘(B) former Indian reservations in Okla-
homa (as determined by the Secretary of the 
Interior); and 
‘‘(C) Native villages (as defined in section 
3 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602)).’’. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
Subtitle E—Tonnage Duties 
SEC. 1501. TONNAGE DUTIES. 
(a) IN GENERAL.—Section 60301 of title 46, United 
State Code, is amended by striking subsections (a) and 
(b) and inserting the following: 
‘‘(a) LOWER RATE.— 
‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 
at the rate described in paragraph (2) at each entry 
in a port of the United States of— 
‘‘(A) a vessel entering from a foreign port 
or place in North America, Central America, 
the West Indies Islands, the Bahama Islands, 
the Bermuda Islands, or the coast of South 
America bordering the Caribbean Sea; or 
‘‘(B) a vessel returning to the same port or 
place in the United States from which it de-
parted, and not entering the United States 
from another port or place, except— 
‘‘(i) a vessel of the United States; 
‘‘(ii) a recreational vessel (as defined 
in section 2101 of this title); or 
‘‘(iii) a barge. 
‘‘(2) RATE.—The rate referred to in paragraph 
(1) shall be— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(A) 4.5 cents per ton (but not more than 
a total of 22.5 cents per ton per year) for fiscal 
years 2006 through 2009; 
‘‘(B) 9.0 cents per ton (but not more than 
a total of 45 cents per ton per year) for fiscal 
years 2010 through 2019; and 
‘‘(C) 2 cents per ton (but not more than 
a total of 10 cents per ton per year) for each 
fiscal year thereafter. 
‘‘(b) HIGHER RATE.— 
‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 
at the rate described in paragraph (2) on a vessel 
at each entry in a port of the United States from 
a foreign port or place not named in subsection 
(a)(1). 
‘‘(2) RATE.—The rate referred to in paragraph 
(1) shall be— 
‘‘(A) 13.5 cents per ton (but not more 
than a total of 67.5 cents per ton per year) for 
fiscal years 2006 through 2009; 
‘‘(B) 27 cents per ton (but not more than 
a total of $1.35 per ton per year) for fiscal 
years 2010 through 2019, and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(C) 6 cents per ton (but not more than 
a total of 30 cents per ton per year) for each 
fiscal year thereafter.’’. 
(b) CONFORMING AMENDMENTS.—Such title is fur-
ther amended— 
(1) by striking the heading for subtitle VI and 
inserting the following: 
‘‘Subtitle VI—Clearance and 
Tonnage Duties’’; 
(2) in the heading for chapter 603, by striking 
‘‘TAXES’’ and inserting ‘‘DUTIES’’; 
(3) in the headings of sections in chapter 603, 
by striking ‘‘taxes’’ each place it appears and in-
serting ‘‘duties’’; 
(4) in the heading for subsection (a) of section 
60303, by striking ‘‘TAX’’ and inserting ‘‘DUTY’’; 
(5) in the text of sections in chapter 603, by 
striking ‘‘taxes’’ each place it appears and inserting 
‘‘duties’’; and 
(6) in the text of sections in chapter 603, by 
striking ‘‘tax’’ each place it appears and inserting 
‘‘duty’’. 
(c) CLERICAL AMENDMENTS.—Such title is further 
amended— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(1) in the title analysis by striking the item re-
lating to subtitle VI and inserting the following: 
‘‘VI. CLEARANCE AND TONNAGE DUTIES ...........................60101’’; 
(2) in the analysis for subtitle VI by striking 
the item relating to chapter 603 and inserting the 
following: 
‘‘603. Tonnage Duties and Light Money .................................................. 60301’’; 
and 
(3) in the analysis for chapter 603— 
(A) by striking the items relating to sec-
tions 60301 and 60302 and inserting the fol-
lowing: 
‘‘60301. Regular tonnage duties. 
‘‘60302. Special tonnage duties.’’; 
and 
(B) by striking the item relating to section 
60304 and inserting the following: 
‘‘60304. Presidential suspension of tonnage duties and light money.’’. 
SEC. 1502. UNITED STATES-MEXICAN BORDER WATER IN-
FRASTRUCTURE STUDIES. 
(a) STUDY OF INFRASTRUCTURE ALONG THE RIO 
GRANDE RIVER.— 
(1) IN
GENERAL.—The Administrator of the 
Environmental Protection Agency shall conduct a 
study of wastewater treatment facilities that dis-
charge into the Rio Grande River and develop rec-
ommendations for improving monitoring, informa-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
tion sharing, and cooperation between the United 
States and Mexico. 
(2) CONSULTATION.—The Administrator shall 
conduct the study in consultation with the Secretary 
of State, appropriate representatives of the Mexican 
government, and the International Boundary Waters 
Commission. 
(3) REPORT.—Not later than 12 months after 
the date of enactment of this Act, the Administrator 
shall submit to Congress a report on the results of 
the study, together with the recommendations devel-
oped under paragraph (1). 
(b) STUDY OF WATER INFRASTRUCTURE ALONG THE 
UNITED STATES-MEXICO BORDER.— 
(1) STUDY.—The Comptroller General shall 
conduct a study on water infrastructure along the 
border between the United States and Mexico to 
augment current studies relating to colonias develop-
ment. 
(2) CONTENTS.—In conducting the study, the 
Comptroller General shall examine the comprehen-
sive planning needs relating to water and wastewater 
infrastructure for colonias along the border between 
the United States and Mexico. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(3) REPORT.—Not later than 12 months after 
the date of enactment of this Act, the Comptroller 
General shall submit to Congress a report on the re-
sults of the study. 
TITLE II—ALTERNATIVE WATER 
SOURCE PROJECTS 
SEC. 2001. PILOT PROGRAM FOR ALTERNATIVE WATER 
SOURCE PROJECTS. 
(a) SELECTION OF PROJECTS.—Section 220(d)(2) 
(33 U.S.C. 1300(d)(2)) is amended by inserting before the 
period at the end the following: ‘‘or whether the project 
is located in an area which is served by a public water 
system serving 10,000 individuals or fewer’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
220(j) (33 U.S.C. 1300(j)) is amended by striking 
‘‘$75,000,000 for fiscal years 2002 through 2004’’ and 
inserting ‘‘$50,000,000 for each of fiscal years 2010 
through 2014’’. 
TITLE III—SEWER OVERFLOW 
CONTROL GRANTS 
SEC. 3001. SEWER OVERFLOW CONTROL GRANTS. 
(a) 
ADMINISTRATIVE
REQUIREMENTS.—Section 
221(e) (33 U.S.C. 1301(e)) is amended to read as follows: 
‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project 
that receives assistance under this section shall be carried 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
out subject to the same requirements as a project that 
receives assistance from a State water pollution control 
revolving fund under title VI, except to the extent that 
the Governor of the State in which the project is located 
determines that a requirement of title VI is inconsistent 
with the purposes of this section.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
221(f) (33 U.S.C. 1301(f)) is amended to read as follows: 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out this section $500,000,000 
for each of fiscal years 2010 through 2014. 
‘‘(2) MINIMUM ALLOCATIONS.—To the extent 
there are sufficient eligible project applications, the 
Administrator shall ensure that a State uses not less 
than 20 percent of the amount of the grants made 
to the State under subsection (a) in a fiscal year to 
carry out projects to control municipal combined 
sewer overflows and sanitary sewer overflows 
through the use of green infrastructure, water and 
energy efficiency improvements, and other environ-
mentally innovative activities.’’. 
(c) ALLOCATION OF FUNDS.—Section 221(g) of such 
Act (33 U.S.C. 1301(g)) is amended to read as follows: 
‘‘(g) ALLOCATION OF FUNDS.— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(1) FISCAL YEAR 2010.—Subject to subsection 
(h), the Administrator shall use the amounts appro-
priated to carry out this section for fiscal year 2010 
for making grants to municipalities and municipal 
entities under subsection (a)(2) in accordance with 
the criteria set forth in subsection (b). 
‘‘(2) FISCAL YEAR 2011 AND THEREAFTER.— 
Subject to subsection (h), the Administrator shall 
use the amounts appropriated to carry out this sec-
tion for fiscal year 2011 and each fiscal year there-
after for making grants to States under subsection 
(a)(1) in accordance with a formula to be established 
by the Administrator, after providing notice and an 
opportunity for public comment, that allocates to 
each State a proportional share of such amounts 
based on the total needs of the State for municipal 
combined sewer overflow controls and sanitary sewer 
overflow controls identified in the most recent survey 
conducted pursuant to section 516.’’. 
(d) REPORTS.—The first sentence of section 221(i) 
(33 U.S.C. 1301(i)) is amended by striking ‘‘2003’’ and 
inserting ‘‘2012’’. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
TITLE 
IV—MONITORING, 
RE-
PORTING, AND PUBLIC NOTI-
FICATION OF SEWER OVER-
FLOWS 
SEC. 4001. MONITORING, REPORTING, AND PUBLIC NOTIFI-
CATION OF SEWER OVERFLOWS. 
Section 402 (33 U.S.C. 1342) is amended by adding 
at the end the following: 
‘‘(s) SEWER OVERFLOW MONITORING, REPORTING, 
AND NOTIFICATIONS.— 
‘‘(1) GENERAL REQUIREMENTS.—After the last 
day of the 180-day period beginning on the date on 
which regulations are issued under paragraph (4), a 
permit issued, renewed, or modified under this sec-
tion by the Administrator or the State, as the case 
may be, for a publicly owned treatment works shall 
require, at a minimum, beginning on the date of the 
issuance, modification, or renewal, that the owner or 
operator of the treatment works— 
‘‘(A) institute and utilize a feasible meth-
odology, technology, or management program 
for monitoring sewer overflows to alert the 
owner or operator to the occurrence of a sewer 
overflow in a timely manner; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(B) in the case of a sewer overflow that 
has the potential to affect human health, notify 
the public of the overflow as soon as practicable 
but not later than 24 hours after the time the 
owner or operator knows of the overflow; 
‘‘(C) in the case of a sewer overflow that 
may imminently and substantially endanger 
human health, notify public health authorities 
and other affected entities, such as public water 
systems, of the overflow immediately after the 
owner or operator knows of the overflow; 
‘‘(D) report each sewer overflow on its dis-
charge monitoring report to the Administrator 
or the State, as the case may be, by describ-
ing— 
‘‘(i) the magnitude, duration, and sus-
pected cause of the overflow; 
‘‘(ii) the steps taken or planned to re-
duce, eliminate, or prevent recurrence of 
the overflow; and 
‘‘(iii) the steps taken or planned to 
mitigate the impact of the overflow; and 
‘‘(E) annually report to the Administrator 
or the State, as the case may be, the total num-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
ber of sewer overflows in a calendar year, in-
cluding— 
‘‘(i) the details of how much waste-
water was released per incident; 
‘‘(ii) the duration of each sewer over-
flow; 
‘‘(iii) the location of the overflow and 
any potentially affected receiving waters; 
‘‘(iv) the responses taken to clean up 
the overflow; and 
‘‘(v) the actions taken to mitigate im-
pacts and avoid further sewer overflows at 
the site. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) NOTIFICATION REQUIREMENTS.—The 
notification requirements of paragraphs (1)(B) 
and (1)(C) shall not apply to a sewer overflow 
that is a wastewater backup into a single-family 
residence. 
‘‘(B) REPORTING
REQUIREMENTS.—The 
reporting requirements of paragraphs (1)(D) 
and (1)(E) shall not apply to a sewer overflow 
that is a release of wastewater that occurs in 
the course of maintenance of the treatment 
works, is managed consistently with the treat-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
ment works’ best management practices, and is 
intended to prevent sewer overflows. 
‘‘(3) REPORT TO EPA.—Each State shall pro-
vide to the Administrator annually a summary of 
sewer overflows that occurred in the State. 
‘‘(4) RULEMAKING BY EPA.—Not later than one 
year after the date of enactment of this subsection, 
the Administrator, after providing notice and an op-
portunity for public comment, shall issue regulations 
to implement this subsection, including regulations 
to— 
‘‘(A) establish a set of criteria to guide the 
owner or operator of a publicly owned treat-
ment works in— 
‘‘(i) assessing whether a sewer over-
flow has the potential to affect human 
health or may imminently and substan-
tially endanger human health; and 
‘‘(ii) developing communication meas-
ures that are sufficient to give notice 
under paragraphs (1)(B) and (1)(C); and 
‘‘(B) define the terms ‘feasible’ and ‘time-
ly’ as such terms apply to paragraph (1)(A), in-
cluding site specific conditions. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(5) APPROVAL OF STATE NOTIFICATION PRO-
GRAMS.— 
‘‘(A) REQUESTS FOR APPROVAL.— 
‘‘(i) IN GENERAL.—After the date of 
issuance of regulations under paragraph 
(4), a State may submit to the Adminis-
trator evidence that the State has in place 
a legally enforceable notification program 
that is substantially equivalent to or ex-
ceeds the requirements of paragraphs 
(1)(B) and (1)(C). 
‘‘(ii) PROGRAM REVIEW AND AUTHOR-
IZATION.—If the evidence submitted by a 
State under clause (i) shows the notifica-
tion program of the State to be substan-
tially equivalent to or exceeds the require-
ments of paragraphs (1)(B) and (1)(C), 
the Administrator shall authorize the State 
to carry out such program instead of the 
requirements of paragraphs (1)(B) and 
(1)(C). 
‘‘(iii) FACTORS
FOR
DETERMINING 
SUBSTANTIAL EQUIVALENCY.—In carrying 
out a review of a State notification pro-
gram under clause (ii), the Administrator 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
shall take into account the scope of sewer 
overflows for which notification is required, 
the length of time during which notifica-
tion must be made, the scope of persons 
who must be notified of sewer overflows, 
the scope of enforcement activities ensur-
ing that notifications of sewer overflows 
are made, and such other factors as the 
Administrator considers appropriate. 
‘‘(B) REVIEW PERIOD.—If a State submits 
evidence with respect to a notification program 
under subparagraph (A)(i) on or before the last 
day of the 30-day period beginning on the date 
of issuance of regulations under paragraph (4), 
the requirements of paragraphs (1)(B) and 
(1)(C) shall not begin to apply to a publicly 
owned treatment works located in the State 
until the date on which the Administrator com-
pletes a review of the notification program 
under subparagraph (A)(ii). 
‘‘(C) WITHDRAWAL OF AUTHORIZATION.— 
If the Administrator, after conducting a public 
hearing, determines that a State is not admin-
istering and enforcing a State notification pro-
gram authorized under subparagraph (A)(ii) in 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
accordance with the requirements of this para-
graph, the Administrator shall so notify the 
State and, if appropriate corrective action is not 
taken within a reasonable time, not to exceed 
90 days, the Administrator shall withdraw au-
thorization of such program and enforce the re-
quirements of paragraphs (1)(B) and (1)(C) 
with respect to the State. 
‘‘(6) SPECIAL
RULES
CONCERNING
APPLICA-
TION OF NOTIFICATION REQUIREMENTS.—After the 
last day of the 30-day period beginning on the date 
of issuance of regulations under paragraph (4), the 
requirements of paragraphs (1)(B) and (1)(C) 
shall— 
‘‘(A) apply to the owner or operator of a 
publicly owned treatment works and be subject 
to enforcement under section 309, and 
‘‘(B) supersede any notification require-
ments contained in a permit issued under this 
section for the treatment works to the extent 
that the notification requirements are less strin-
gent than the notification requirements of para-
graphs (1)(B) and (1)(C), 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
until such date as a permit is issued, renewed, or 
modified under this section for the treatment works 
in accordance with paragraph (1). 
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SANITARY SEWER OVERFLOW.—The 
term ‘sanitary sewer overflow’ means an over-
flow, spill, release, or diversion of wastewater 
from a sanitary sewer system. Such term does 
not include municipal combined sewer overflows 
or other discharges from the combined portion 
of a municipal combined storm and sanitary 
sewer system and does not include wastewater 
backups into buildings caused by a blockage or 
other malfunction of a building lateral that is 
privately owned. Such term includes overflows 
or releases of wastewater that reach waters of 
the United States, overflows or releases of 
wastewater in the United States that do not 
reach waters of the United States, and waste-
water backups into buildings that are caused by 
blockages or flow conditions in a sanitary sewer 
other than a building lateral. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(B) 
SEWER
OVERFLOW.—The 
term 
‘sewer overflow’ means a sanitary sewer over-
flow or a municipal combined sewer overflow. 
‘‘(C) SINGLE-FAMILY
RESIDENCE.—The 
term ‘single-family residence’ means an indi-
vidual dwelling unit, including an apartment, 
condominium, house, or dormitory. Such term 
does not include the common areas of a multi- 
dwelling structure.’’. 
TITLE V—GREAT LAKES LEGACY 
REAUTHORIZATION 
SEC. 5001. REMEDIATION OF SEDIMENT CONTAMINATION 
IN AREAS OF CONCERN. 
Section 118(c)(12)(H) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1268(c)(12)(H)) is amended 
by striking clause (i) and inserting the following: 
‘‘(i) IN
GENERAL.—In addition to 
other amounts authorized under this sec-
tion, there is authorized to be appropriated 
to carry out this paragraph— 
‘‘(I) $50,000,000 for each of the 
fiscal years 2004 through 2009; and 
‘‘(II) $150,000,000 for each of 
the fiscal years 2010 through 2014.’’. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
SEC. 5002. PUBLIC INFORMATION PROGRAM. 
Section 118(c)(13)(B) (33 U.S.C. 1268(c)(13)(B)) is 
amended by striking ‘‘2010’’ and inserting ‘‘2014’’. 
SEC. 5003. CONTAMINATED SEDIMENT REMEDIATION AP-
PROACHES, 
TECHNOLOGIES, 
AND 
TECH-
NIQUES. 
Section 106(b) of the Great Lakes Legacy Act of 
2002 (33 U.S.C. 1271a(b)) is amended by striking para-
graph (1) and inserting the following: 
‘‘(1) IN GENERAL.—In addition to amounts au-
thorized under other laws, there is authorized to be 
appropriated to carry out this section— 
‘‘(A) $3,000,000 for each of the fiscal 
years 2004 through 2009; and 
‘‘(B) $5,000,000 for each of the fiscal 
years 2010 through 2014.’’. 
SEC. 5004. GREAT LAKES WATER QUALITY. 
(a) STUDY.—The Administrator of the Environ-
mental Protection Agency, in consultation with the Sec-
retary of State and the Government of Canada, shall con-
duct a study of the condition of wastewater treatment fa-
cilities located in the United States and Canada that dis-
charge into the Great Lakes. 
(b) CONTENTS.—In conducting the study, the Ad-
ministrator shall— 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(1) determine the effect that such treatment fa-
cilities have on the water quality of the Great Lakes; 
and 
(2) develop recommendations— 
(A) to improve water quality monitoring by 
the operators of such treatment facilities; 
(B) to establish a protocol for improved 
notification and information sharing between 
the United States and Canada; and 
(C) to promote cooperation between the 
United States and Canada to prevent the dis-
charge of untreated and undertreated waste-
water into the Great Lakes. 
(c) CONSULTATION.—In conducting the study, the 
Administrator shall consult with the International Joint 
Commission. 
(d) REPORT.—Not later than 12 months after the 
date of enactment of this Act, the Administrator shall sub-
mit to Congress a report on the results of the study, to-
gether with the recommendations developed under sub-
section (b)(2). 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
TITLE 
VI—PHARMACEUTICALS 
AND PERSONAL CARE PROD-
UCTS 
SEC. 6001. PRESENCE OF PHARMACEUTICALS AND PER-
SONAL CARE PRODUCTS IN WATERS OF THE 
UNITED STATES. 
Section 104 (33 U.S.C. 1254) is amended by adding 
at the end the following: 
‘‘(w) PRESENCE OF PHARMACEUTICALS AND PER-
SONAL CARE PRODUCTS IN WATERS OF THE UNITED 
STATES.— 
‘‘(1) STUDY.—The Administrator, in consulta-
tion with appropriate Federal agencies (including 
the National Institute of Environmental Health 
Sciences), shall conduct a study on the presence of 
pharmaceuticals and personal care products (in this 
subsection referred to as ‘PPCPs’) in the waters of 
the United States. 
‘‘(2) CONTENTS.—In conducting the study 
under paragraph (1), the Administrator shall— 
‘‘(A) identify PPCPs that have been de-
tected in the waters of the United States and 
the levels at which such PPCPs have been de-
tected; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
‘‘(B) identify the sources of PPCPs in the 
waters of the United States, including point 
sources and nonpoint sources of PPCP contami-
nation; and 
‘‘(C) identify methods to control, limit, 
treat, or prevent PPCPs in the waters of the 
United States. 
‘‘(3) REPORT.—Not later than 12 months after 
the date of enactment of this subsection, the Admin-
istrator shall submit to Congress a report on the re-
sults of the study conducted under this subsection, 
including the potential effects of PPCPs in the wa-
ters of the United States on human health and 
aquatic wildlife. 
‘‘(4) PHARMACEUTICALS AND PERSONAL CARE 
PRODUCTS DEFINED.—In this subsection, the terms 
‘pharmaceuticals and personal care products’ and 
‘PPCPs’ mean products used by individuals for per-
sonal health or cosmetic reasons or used to enhance 
growth or health of livestock.’’. 
TITLE VII—MISCELLANEOUS 
SEC. 7001. TASK FORCE ON PROPER DISPOSAL OF UNUSED 
PHARMACEUTICALS. 
(a) IN GENERAL.—In furtherance of the national 
goals and policies set forth in section 101 of the Federal 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
Water Pollution Control Act (33 U.S.C. 1251), the Ad-
ministrator of the Environmental Protection Agency (in 
this Act referred to as the ‘‘Administrator’’) shall convene 
a task force (in this Act referred to as the ‘‘task force’’) 
to develop— 
(1) recommendations on the proper disposal of 
unused pharmaceuticals by consumers, health care 
providers, and others, which recommendations 
shall— 
(A) be calculated to prevent or reduce the 
detrimental effects on the environment and 
human health caused by introducing unused 
pharmaceuticals, directly or indirectly, into 
water systems; and 
(B) provide for limiting the disposal of un-
used pharmaceuticals through treatment works 
in accordance with the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.); and 
(2) a strategy for the Federal Government to 
educate the public on such recommendations. 
(b) MEMBERSHIP.—The task force shall be composed 
of— 
(1) the Administrator (or the Administrator’s 
designee), who shall serve as the Chair of the task 
force; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(2) the Commissioner of Food and Drugs (or 
the Commissioner’s designee); and 
(3) such other members as the Administrator 
may appoint. 
(c) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the task force shall submit 
a report to the Congress containing the recommendations 
and strategy required by subsection (a). 
(d) STAFF OF FEDERAL AGENCIES.—Upon request 
of the task force, the head of any department or agency 
of the United States may detail any of the personnel of 
that department or agency to the task force to assist in 
carrying out its duties under this section. 
(e) TERMINATION.—The task force shall terminate 
180 days after submitting the report required by sub-
section (c). 
TITLE VIII—OMB STUDY 
SEC. 8001. EVALUATION USING PROGRAM ASSESSMENT 
RATING TOOL. 
(a) STUDY.—The Director of the Office of Manage-
ment and Budget shall conduct a study to evaluate the 
programs authorized by this Act, including the amend-
ments made by this Act, under the Program Assessment 
Rating Tool (PART) or a successor performance assess-
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
ment tool that is developed by the Office of Management 
and Budget. 
(b) REPORT.—The Director shall transmit to Con-
gress a report on the results of the study. 
TITLE IX—CHESAPEAKE BAY AC-
COUNTABILITY AND RECOV-
ERY 
SEC. 9001. CHESAPEAKE BAY CROSSCUT BUDGET. 
(a) CROSSCUT BUDGET.—The Director, in consulta-
tion with the Chesapeake Executive Council, the chief ex-
ecutive of each Chesapeake Bay State, and the Chesa-
peake Bay Commission, shall submit to Congress a finan-
cial report containing— 
(1) an interagency crosscut budget that dis-
plays— 
(A) the proposed funding for any Federal 
restoration activity to be carried out in the suc-
ceeding fiscal year, including any planned inter-
agency or intra-agency transfer, for each of the 
Federal agencies that carry out restoration ac-
tivities; 
(B) to the extent that information is avail-
able, the estimated funding for any State res-
toration activity to be carried out in the suc-
ceeding fiscal year; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(C) all expenditures for Federal restoration 
activities from the preceding 3 fiscal years, the 
current fiscal year, and the succeeding fiscal 
year; and 
(D) all expenditures, to the extent that in-
formation is available, for State restoration ac-
tivities during the equivalent time period de-
scribed in subparagraph (C); 
(2) a detailed accounting of all funds received 
and obligated by all Federal agencies for restoration 
activities during the current and preceding fiscal 
years, including the identification of funds which 
were transferred to a Chesapeake Bay State for res-
toration activities; 
(3) to the extent that information is available, 
a detailed accounting from each State of all funds 
received and obligated from a Federal agency for 
restoration activities during the current and pre-
ceding fiscal years; and 
(4) a description of each of the proposed Fed-
eral and State restoration activities to be carried out 
in the succeeding fiscal year (corresponding to those 
activities listed in subparagraphs (A) and (B) of 
paragraph (1)), including the— 
(A) project description; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(B) current status of the project; 
(C) Federal or State statutory or regu-
latory authority, programs, or responsible agen-
cies; 
(D) authorization level for appropriations; 
(E) project timeline, including benchmarks; 
(F) references to project documents; 
(G) descriptions of risks and uncertainties 
of project implementation; 
(H) adaptive management actions or 
framework; 
(I) coordinating entities; 
(J) funding history; 
(K) cost-sharing; and 
(L) alignment with existing Chesapeake 
Bay Agreement and Chesapeake Executive 
Council goals and priorities. 
(b) MINIMUM FUNDING LEVELS.—The Director shall 
only describe restoration activities in the report required 
under subsection (a) that— 
(1) for Federal restoration activities, have fund-
ing amounts greater than or equal to $100,000; and 
(2) for State restoration activities, have funding 
amounts greater than or equal to $50,000. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(c) DEADLINE.—The Director shall submit to Con-
gress the report required by subsection (a) not later than 
30 days after the submission by the President of the Presi-
dent’s annual budget to Congress. 
(d) REPORT.—Copies of the financial report required 
by subsection (a) shall be submitted to the Committees 
on Appropriations, Natural Resources, Energy and Com-
merce, and Transportation and Infrastructure of the 
House of Representatives and the Committees on Appro-
priations, Environment and Public Works, and Commerce, 
Science, and Transportation of the Senate. 
(e) EFFECTIVE DATE.—This section shall apply be-
ginning with the first fiscal year after the date of enact-
ment of this Act for which the President submits a budget 
to Congress. 
SEC. 9002. ADAPTIVE MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator, in con-
sultation with other Federal and State agencies, shall de-
velop an adaptive management plan for restoration activi-
ties that includes— 
(1) definition of specific and measurable objec-
tives to improve water quality; 
(2) a process for stakeholder participation; 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(3) monitoring, modeling, experimentation, and 
other research and evaluation practices; 
(4) a process for modification of restoration ac-
tivities that have not attained or will not attain the 
specific and measurable objectives set forth under 
paragraph (1); and 
(5) a process for prioritizing restoration activi-
ties and programs to which adaptive management 
shall be applied. 
(b) IMPLEMENTATION.—The Administrator shall im-
plement the adaptive management plan developed under 
subsection (a). 
(c) UPDATES.—The Administrator shall update the 
adaptive management plan developed under subsection (a) 
every 3 years. 
(d) REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 60 days after 
the end of a fiscal year, the Administrator shall 
transmit to Congress an annual report on the imple-
mentation of the adaptive management plan required 
under this section for such fiscal year. 
(2) CONTENTS.—The report required under 
paragraph (1) shall contain information about the 
application of adaptive management to restoration 
activities and programs, including programmatic and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
project level changes implemented through the proc-
ess of adaptive management. 
(3) EFFECTIVE
DATE.—Paragraph (1) shall 
apply to the first fiscal year that begins after the 
date of enactment of this Act. 
SEC. 9003. DEFINITIONS. 
In this title, the following definitions apply: 
(1) 
ADAPTIVE
MANAGEMENT.—The 
term 
‘‘adaptive management’’ means a management tech-
nique in which project and program decisions are 
made as part of an ongoing science-based process. 
Adaptive management involves testing, monitoring, 
and evaluating applied strategies and incorporating 
new knowledge into programs and restoration activi-
ties that are based on scientific findings and the 
needs of society. Results are used to modify manage-
ment policy, strategies, practices, programs, and res-
toration activities. 
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(3) CHESAPEAKE
BAY
STATE.—The term 
‘‘Chesapeake Bay State’’ or ‘‘State’’ means the 
States of Maryland, West Virginia, Delaware, and 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS
HR 1262 RFS
(A) Physical restoration. 
(B) Planning. 
(C) Feasibility studies. 
(D) Scientific research. 
(E) Monitoring. 
(F) Education. 
(G) Infrastructure Development. 
Passed the House of Representatives March 12, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Nov 24 2008 
00:13 Mar 17, 2009
Jkt 079200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H1262.RFS
H1262
jbell on PROD1PC69 with BILLS