I 
111TH CONGRESS 
1ST SESSION H. R. 3852 
To amend the Federal Water Pollution Control Act to improve and 
reauthorize the Chesapeake Bay Program. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2009 
Mr. CUMMINGS (for himself, Mr. CONNOLLY of Virginia, Mr. VAN HOLLEN, 
Mr. SARBANES, Mr. MORAN of Virginia, Ms. EDWARDS of Maryland, Ms. 
NORTON, Mr. SCOTT of Virginia, Mr. HOYER, Mr. OBERSTAR, and Ms. 
EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to 
improve and reauthorize the Chesapeake Bay Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chesapeake Clean 
Water and Ecosystem Restoration Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Chesapeake Bay and the tributary wa-
ters of the Chesapeake Bay are natural resources of 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
outstanding ecological, economic, and cultural im-
portance to the United States; 
(2) for more than 20 years, the Federal Gov-
ernment and the States of the Chesapeake Bay Wa-
tershed, the Chesapeake Bay Commission, and var-
ious local government, scientific, and citizen advisory 
boards have worked through the Chesapeake Bay 
Program of the Environmental Protection Agency to 
develop an unparalleled body of scientific informa-
tion and cooperative partnerships to advance the 
Chesapeake Bay restoration effort; 
(3) despite significant efforts by Federal, State, 
and local governments and other interested parties, 
water pollution in the Chesapeake Bay prevents the 
attainment of existing State water quality standards 
and the ecological goals of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.); 
(4) the Chesapeake Bay Program partnership 
has developed a rich body of environmental data 
based on an extensive network of monitors, which 
provide a critical measure of success in attainment 
of the goals of the restoration effort; 
(5) the Chesapeake Bay Program partnership 
has also developed some of the world’s foremost 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
water quality and ecosystem computer models, which 
are invaluable planning tools for resource managers; 
(6) the major pollutants affecting the water 
quality of the Chesapeake Bay and related tidal wa-
ters are nitrogen, phosphorus, and sediment; 
(7) the largest developed land use in the Chesa-
peake Bay watershed, and the largest single-sector 
source of nitrogen, phosphorus, and sediment pollu-
tion, is agriculture; 
(8) successful implementation of conservation 
practices have resulted in significant reductions in 
pollutant loads from the agricultural sector; 
(9) to speed continued progress in the agricul-
tural sector, the Federal Government and State gov-
ernments have initiated a number of agricultural 
conservation programs, including the Chesapeake 
Bay watershed initiative under section 1240Q of the 
Food Security Act of 1985 (16 U.S.C. 3839bb–4); 
(10) atmospheric deposition of nitrogen oxides 
and ammonia on the Chesapeake Bay watershed 
contributes as much as 1⁄3 of the nitrogen pollution 
in the Chesapeake Bay; 
(11) for years, a steady stream of technology 
development and increasingly stringent permit re-
quirements have resulted in a steady decline in the 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
nitrogen and phosphorus pollution derived from 
wastewater treatment plants in the Chesapeake Bay 
watershed; 
(12) suburban and urban development is the 
fastest growing land use sector in the Chesapeake 
Bay watershed, and stormwater runoff from that 
sector is the only major source of pollution in the 
watershed that is increasing; 
(13) during the period beginning in 1990 and 
ending in 2000, impervious cover, the hardened sur-
faces through which water cannot penetrate, in-
creased by nearly 250,000 acres, about 41 percent, 
or the size of 5 Districts of Columbia; 
(14) during that period, the population of the 
Chesapeake Bay watershed grew by just 8 percent; 
(15) the population of the watershed is esti-
mated to be growing by about 157,000 people per 
year; 
(16) continuing at that rate, the population will 
increase to nearly 20,000,000 by 2030; 
(17) about 58 percent of the watershed of the 
Chesapeake Bay is undeveloped and mostly forested, 
but as many as 100 hundred acres of forest are lost 
to development each day; 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
(18) States, local governments, developers, and 
nonprofit organizations have developed numerous 
low-impact development techniques since the late 
1990s, which use natural area protection, enviro-
transpiration, infiltration, and pervious surfaces to 
reduce stormwater runoff and associated sediment 
and nutrient pollution; 
(19) many of those techniques are less expen-
sive than traditional stormwater management tech-
niques, yet can achieve equivalent reduction in nutri-
ents and sediment or can reduce the need for con-
struction of traditional stormwater management 
techniques; 
(20) the decline of key aquatic habitats and 
species has resulted in a loss of the important water 
quality benefits that the habitats and species tradi-
tionally provided; 
(21) native oysters, the numbers of which have 
declined precipitously in the Chesapeake Bay in sig-
nificant part because of diseases brought into the 
watershed by nonnative oysters, are natural filters 
that once effectively filtered a volume of water equiv-
alent to that of the entire Chesapeake Bay in a mat-
ter of days; 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
(22) although less well-understood, menhaden, 
a species of fish found in the Chesapeake Bay, also 
provide important filtering capacity as well as a 
number of other key ecosystem functions; 
(23) wetlands are a vital part of any major eco-
system; 
(24) studies have demonstrated that nontidal 
wetlands near the Chesapeake Bay removed as much 
as 89 percent of the nitrogen and 80 percent of the 
phosphorus that entered the wetlands through up-
land runoff and precipitation; 
(25) riparian forests remove as much as 90 per-
cent of nitrogen and phosphorus that would other-
wise enter the water; 
(26) the loss of riparian forests and wetlands in 
the Chesapeake Bay has resulted in diminished 
water quality, among other effects; 
(27) in certain locations in the Chesapeake 
Bay, nutria, a nonnative species, has caused exten-
sive destruction of key wetlands; and 
(28) in spite of the achievements of the Chesa-
peake Bay Program partnership and increasing 
knowledge about ecosystem functions, the restora-
tion of the Chesapeake Bay will require increased 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
accountability and equity in reducing pollutant levels 
and other impediments to water quality. 
SEC. 3. CHESAPEAKE BAY PROGRAM. 
Section 117 of the Federal Water Pollution Control 
Act (33 U.S.C. 1267) is amended to read as follows: 
‘‘SEC. 117. CHESAPEAKE BAY PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATIVE
COST.—The term ‘ad-
ministrative cost’ means the cost of salaries and 
fringe benefits incurred in administering a grant 
under this section. 
‘‘(2) ASIAN OYSTER.—The term ‘Asian oyster’ 
means the species Crassostrea ariakensis. 
‘‘(3) BASELINE.—The term ‘baseline’ means 
the basic standard or level used for measuring (as 
applicable)— 
‘‘(A) the nutrient control requirements 
credit sellers must achieve before becoming eli-
gible to generate saleable nutrient credits; or 
‘‘(B) the nutrient load reductions required 
of individual dischargers to meet water quality 
standards or goals under a TMDL or watershed 
implementation plan. 
‘‘(4) BASIN
COMMISSIONS.—The term ‘basin 
commissions’ means— 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(A) the Interstate Commission on the Po-
tomac River Basin established under the inter-
state compact consented to and approved by 
Congress under the Joint Resolution of July 
11, 1940 (54 Stat. 748, chapter 579), and Pub-
lic Law 91–407 (84 Stat. 856); and 
‘‘(B) the Susquehanna River Basin Com-
mission established under the interstate com-
pact consented to and approved by Congress 
under Public Law 91–575 (84 Stat. 1509), and 
Public Law 99–468 (100 Stat. 1193). 
‘‘(5) CHESAPEAKE
BAY
AGREEMENT.—The 
term ‘Chesapeake Bay Agreement’ means the for-
mal, voluntary agreements executed to achieve the 
goal of restoring and protecting the Chesapeake Bay 
ecosystem and the living resources of the Chesa-
peake Bay ecosystem and signed by the Chesapeake 
Executive Council. 
‘‘(6) CHESAPEAKE BAY ECOSYSTEM.—The term 
‘Chesapeake Bay ecosystem’ means the ecosystem of 
the Chesapeake Bay watershed. 
‘‘(7) CHESAPEAKE BAY PROGRAM.—The term 
‘Chesapeake Bay Program’ means the program di-
rected by the Chesapeake Executive Council in ac-
cordance with the Chesapeake Bay Agreement. 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(8) CHESAPEAKE
BAY
STATE.—The term 
‘Chesapeake Bay State’ means any of— 
‘‘(A) the States of Delaware, Maryland, 
New York, or West Virginia; 
‘‘(B) the Commonwealths of Pennsylvania 
or Virginia; or 
‘‘(C) the District of Columbia. 
‘‘(9) CHESAPEAKE
BAY
WATERSHED.—The 
term ‘Chesapeake Bay watershed’ means the Chesa-
peake Bay and the area consisting of 19 tributary 
basins within the Chesapeake Bay States through 
which precipitation drains into the Chesapeake Bay. 
‘‘(10) CHESAPEAKE EXECUTIVE COUNCIL.—The 
term ‘Chesapeake Executive Council’ means the sig-
natories to the Chesapeake Bay Agreement. 
‘‘(11) CLEANING AGENT.—The term ‘cleaning 
agent’ means a laundry detergent, dishwashing com-
pound, household cleaner, metal cleaner, degreasing 
compound, commercial cleaner, industrial cleaner, 
phosphate compound, or other substance that is in-
tended to be used for cleaning purposes. 
‘‘(12) DIRECTOR.—The term ‘Director’ means 
the Director of the Chesapeake Bay Program Office 
of the Environmental Protection Agency. 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(13) LOCAL GOVERNMENT.—The term ‘local 
government’ means any county, city, or other gen-
eral purpose political subdivision of a State with ju-
risdiction over land use. 
‘‘(14) 
95TH
PERCENTILE
PRECIPITATION 
EVENT.—The term ‘95th percentile precipitation 
event’ means a precipitation event whose precipita-
tion total is greater than or equal to 95 percent of 
all 24-hour storm events on an annual basis. 
‘‘(15) 
POINT-OF-REGULATION.—The 
term 
‘point-of-regulation’ means any entity that— 
‘‘(A) is subject to a limitation on pollution 
or other regulation under this Act; and 
‘‘(B) has sufficient technical capacity and 
legal authority to meet the obligations of the 
entity under this Act. 
‘‘(16) TMDL.— 
‘‘(A) IN
GENERAL.—The term ‘TMDL’ 
means the total maximum daily load that the 
Administrator establishes or approves for nitro-
gen, phosphorus, and sediment loading to the 
waters in the Chesapeake Bay and tidal tribu-
taries identified on the list of a Chesapeake Bay 
State under section 303(d). 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(B) INCLUSIONS.—The term ‘TMDL’ 
may include nitrogen, phosphorus, and sedi-
ment allocations in temporal units of greater 
than daily duration if applicable allocations— 
‘‘(i) are demonstrated to achieve 
water quality standards; and 
‘‘(ii) do not lead to exceedances of 
other applicable water quality standards 
for local receiving waters. 
‘‘(17) TRIBUTARY BASIN.—The term ‘tributary 
basin’ means an area of land or body of water 
that— 
‘‘(A) drains into any of the 19 Chesapeake 
Bay tributaries or tributary segments; and 
‘‘(B) is managed through watershed imple-
mentation plans under this Act. 
‘‘(b) CONTINUATION
OF CHESAPEAKE BAY PRO-
GRAM.— 
‘‘(1) IN
GENERAL.—In cooperation with the 
Chesapeake Executive Council (and as a member of 
the Council), the Administrator shall continue the 
Chesapeake Bay Program. 
‘‘(2) PROGRAM OFFICE.— 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(A) IN
GENERAL.—The Administrator 
shall maintain in the Environmental Protection 
Agency a Chesapeake Bay Program Office. 
‘‘(B) FUNCTION.—The Chesapeake Bay 
Program Office shall provide support to the 
Chesapeake Executive Council by— 
‘‘(i) implementing and coordinating 
science, research, modeling, support serv-
ices, monitoring, data collection, and other 
activities that support the Chesapeake Bay 
Program; 
‘‘(ii) developing and making available, 
through publications, technical assistance, 
and other appropriate means, information 
pertaining to the environmental quality 
and living resources of the Chesapeake 
Bay ecosystem; 
‘‘(iii) in cooperation with appropriate 
Federal, State, and local authorities, as-
sisting the signatories to the Chesapeake 
Bay Agreement in developing and imple-
menting specific action plans to carry out 
the responsibilities of the signatories to the 
Chesapeake Bay Agreement; 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(iv) coordinating the actions of the 
Environmental Protection Agency with the 
actions of the appropriate officials of other 
Federal agencies and State and local au-
thorities in developing strategies to— 
‘‘(I) improve the water quality 
and living resources in the Chesa-
peake Bay ecosystem; and 
‘‘(II) obtain the support of the 
appropriate officials of the agencies 
and authorities in achieving the objec-
tives of the Chesapeake Bay Agree-
ment; and 
‘‘(v) implementing outreach programs 
for public information, education, and par-
ticipation to foster stewardship of the re-
sources of the Chesapeake Bay. 
‘‘(c) INTERAGENCY AGREEMENTS.—The Adminis-
trator may enter into an interagency agreement with a 
Federal agency to carry out this section. 
‘‘(d) TECHNICAL
ASSISTANCE
AND
ASSISTANCE 
GRANTS.— 
‘‘(1) IN
GENERAL.—In cooperation with the 
Chesapeake Executive Council, the Administrator 
may provide technical assistance, and assistance 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
grants, to nonprofit organizations, State and local 
governments, institutions of higher education, basin 
commissions, and interstate agencies to carry out 
this section, subject to such terms and conditions as 
the Administrator considers appropriate. 
‘‘(2) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share of an as-
sistance grant provided under paragraph (1) 
shall be determined by the Administrator in ac-
cordance with guidance issued by the Adminis-
trator. 
‘‘(B) CHESAPEAKE
BAY
STEWARDSHIP 
GRANTS PROGRAM.—The Federal share of an 
assistance grant provided under paragraph (1) 
to carry out an implementing activity under 
subsection (g)(2) shall not exceed 75 percent of 
eligible project costs, as determined by the Ad-
ministrator. 
‘‘(3) NON-FEDERAL
SHARE.—An assistance 
grant under paragraph (1) shall be provided on the 
condition that non-Federal sources provide the re-
mainder of eligible project costs, as determined by 
the Administrator. 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(4) ADMINISTRATIVE
COSTS.—Administrative 
costs shall not exceed 10 percent of the annual grant 
award. 
‘‘(e) 
IMPLEMENTATION
AND
MONITORING 
GRANTS.— 
‘‘(1) IN GENERAL.—On the request of the chief 
executive of a Chesapeake Bay State, the Adminis-
trator— 
‘‘(A) shall make an implementation grant 
to the Chesapeake Bay State, or a designee of 
the Chesapeake Bay State (such as a soil con-
servation district, nonprofit organization, local 
government, institution of higher education, 
basin commission, or interstate agency) for the 
purpose of implementing an approved watershed 
implementation plan under subsection (j) and 
achieving the goals established under the 
Chesapeake Bay Agreement, subject to such 
terms and conditions as the Administrator con-
siders to be appropriate; and 
‘‘(B) may make a monitoring grant to— 
‘‘(i) a Chesapeake Bay State, or a 
designee of a Chesapeake Bay State (such 
as a soil conservation district, nonprofit or-
ganization, local government, institution of 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
subsection to support technical assist-
ance for agricultural and forestry land 
or nutrient management practices 
that protect and restore watershed re-
sources and water quality, reduce or 
maintain reduced pollutant loadings 
for the Chesapeake Bay and related 
tributaries, and restore and preserve 
aquatic living resources; and 
‘‘(III) the estimated cost of the 
actions proposed to be taken during 
the fiscal year. 
‘‘(B) MONITORING GRANTS.— 
‘‘(i) IN
GENERAL.—A Chesapeake 
Bay State may apply for a grant under 
this subsection for a fiscal year by submit-
ting to the Administrator a comprehensive 
proposal to monitor freshwater or estua-
rine ecosystems, including water quality. 
‘‘(ii) 
MONITORING
GRANT
CON-
TENTS.—A proposal under this subpara-
graph shall include— 
‘‘(I) a description of the proposed 
monitoring system; 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(II) certification by the Director 
that such a monitoring system in-
cludes such parameters as the Direc-
tor determines necessary to assess 
progress toward achieving the goals of 
this section; and 
‘‘(III) the estimated cost of the 
monitoring proposed to be conducted 
during the fiscal year. 
‘‘(iii) CONCURRENCES.—The Adminis-
trator shall— 
‘‘(I) obtain the concurrence of 
the Director of the United States Geo-
logical Survey regarding the design 
and implementation of the freshwater 
monitoring systems established under 
this subsection; and 
‘‘(II) obtain the concurrence of 
the Director of the Chesapeake Bay 
Office of the National Oceanic and 
Atmospheric Administration regarding 
the design and implementation of the 
estuarine monitoring systems estab-
lished under this subsection. 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(iv) CONSULTATION.—The Adminis-
trator shall consult with— 
‘‘(I) the basin commissions and 
the Chesapeake Bay States regarding 
the design and implementation of the 
freshwater monitoring systems estab-
lished under this subsection, giving 
particular attention to the measure-
ment of the water quality effectiveness 
of agricultural conservation program 
implementation (including geospatial 
agricultural 
conservation 
program 
data), including activities carried out 
pursuant to the Chesapeake Bay Wa-
tershed Initiative under section 1240Q 
of the Food Security Act of 1985 (16 
U.S.C. 3839bb–4); 
‘‘(II) Old Dominion University, 
the Virginia Institute of Marine 
Science, the University of Maryland 
Center for Environmental Science, 
and the Chesapeake Bay States re-
garding the estuarine monitoring sys-
tems established under this sub-
section; 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(III) the Chesapeake Bay Pro-
gram Scientific and Technical Advi-
sory 
Committee 
regarding 
inde-
pendent review of monitoring designs 
giving particular attention to inte-
grated freshwater and estuarine moni-
toring strategies; and 
‘‘(IV) Federal departments and 
agencies regarding cooperation in im-
plementing monitoring programs. 
‘‘(f) FEDERAL FACILITIES AND ACTION PLAN.— 
‘‘(1) SUBWATERSHED PLANNING AND RESTORA-
TION.—A Federal agency that owns or operates a 
facility (as defined by the Administrator) or carries 
our activities within the Chesapeake Bay watershed 
shall participate in regional and subwatershed plan-
ning and restoration programs. 
‘‘(2) COMPLIANCE
WITH
AGREEMENT.—The 
head of each Federal agency that owns or occupies 
real property or carries out activities in the Chesa-
peake Bay watershed shall ensure that the property, 
actions taken by the agency with respect to the 
property, and the activities of the agency comply 
with the Chesapeake Bay Agreement, the Federal 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
Agencies Chesapeake Ecosystem Unified Plan, and 
any subsequent agreements and plans. 
‘‘(3) FOREST
COVER
AT
FEDERAL
FACILI-
TIES.—Not later than January 1, 2012, the Admin-
istrator shall coordinate with the heads of each Fed-
eral agency that owns or operates a facility (as de-
fined by the Administrator) within the Chesapeake 
Bay watershed to develop plans to maximize forest 
cover at the facility through the preservation of ex-
isting forest cover and the development of reforest-
ation plans with respect to a facility that has been 
disturbed or developed in the past. 
‘‘(4) FEDERAL
ANNUAL
ACTION
PLAN
AND 
PROGRESS REPORT.—The Administrator, in accord-
ance with Executive Order 12508 entitled ‘Chesa-
peake Bay Protection and Restoration’ and signed 
on May 12, 2009 (74 Fed. Reg. 23099), shall— 
‘‘(A) make available to the public, not later 
than March 31 of each year— 
‘‘(i) a Chesapeake Bay action plan de-
scribing, in the greatest practicable degree 
of detail, how Federal funding proposed in 
the annual budget of the United States 
submitted by the President to Congress 
will be used to protect and restore the 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
Chesapeake Bay during the upcoming fis-
cal year; and 
‘‘(ii) an annual progress report that— 
‘‘(I) assesses the key ecological 
attributes that reflect the health of 
the Chesapeake Bay ecosystem; 
‘‘(II) reviews indicators of envi-
ronmental conditions in the Chesa-
peake Bay; 
‘‘(III) distinguishes between the 
health of the Chesapeake Bay eco-
system and the results of management 
measures; 
‘‘(IV) assesses implementation of 
the action plan during the preceding 
fiscal year; 
‘‘(V) recommends steps to im-
prove progress in restoring and pro-
tecting the Chesapeake Bay; and 
‘‘(VI) 
describes 
how 
Federal 
funding and actions will be coordi-
nated with the actions of States, basin 
commissions, and others; 
‘‘(B) create and maintain, with the concur-
rence of the Secretary of Agriculture, a Chesa-
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
peake Bay-wide database containing com-
prehensive data on implementation of conserva-
tion management practices in the Chesapeake 
Bay watershed that— 
‘‘(i) includes baseline conservation 
management practice implementation data 
as of the effective date of the Chesapeake 
Clean Water and Ecosystem Restoration 
Act of 2009; 
‘‘(ii) includes data on subsequent con-
servation management practice implemen-
tation projects funded by or reported to 
the Administrator or the Secretary; 
‘‘(iii) presents the required data in 
statistical or aggregate form without iden-
tifying any— 
‘‘(I) individual owner, operator, 
or producer; or 
‘‘(II) specific data gathering site; 
and 
‘‘(iv) is made available to the public 
not later than December 31, 2010. 
‘‘(g) CHESAPEAKE BAY PROGRAM.— 
‘‘(1) MANAGEMENT STRATEGIES.—The Admin-
istrator, in coordination with other members of the 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
Chesapeake Executive Council, shall ensure that 
management plans are developed and implemented 
by Chesapeake Bay States to achieve and main-
tain— 
‘‘(A) the nutrient goals of the Chesapeake 
Bay Agreement for the quantity of nitrogen and 
phosphorus entering the Chesapeake Bay and 
the watershed of the Chesapeake Bay; 
‘‘(B) the water quality requirements nec-
essary to restore living resources in the Chesa-
peake Bay ecosystem; 
‘‘(C) the Chesapeake Bay Basinwide Tox-
ins Reduction and Prevention Strategy goal of 
reducing or eliminating the input of chemical 
contaminants from all controllable sources to 
levels that result in no toxic or bioaccumulative 
impact on the living resources of the Chesa-
peake Bay ecosystem or on human health; 
‘‘(D) habitat restoration, protection, cre-
ation, and enhancement goals established by 
Chesapeake Bay States for wetlands, riparian 
forests, and other types of habitat associated 
with the Chesapeake Bay ecosystem; and 
‘‘(E) the restoration, protection, creation, 
and enhancement goals established by the 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
Chesapeake Bay States for living resources as-
sociated with the Chesapeake Bay ecosystem. 
‘‘(2) CHESAPEAKE BAY STEWARDSHIP GRANTS 
PROGRAM.—The Administrator, in cooperation with 
the Chesapeake Executive Council, shall— 
‘‘(A) establish a Chesapeake Bay Steward-
ship Grants Program; and 
‘‘(B) in carrying out that program— 
‘‘(i) offer technical assistance and as-
sistance grants under subsection (d) to im-
plement— 
‘‘(I) cooperative watershed strate-
gies that address the water quality, 
habitat, and living resource needs in 
the Chesapeake Bay ecosystem; 
‘‘(II) locally based protection and 
restoration programs or projects with-
in a watershed that complement the 
State 
watershed 
implementation 
plans, including the creation, restora-
tion, or enhancement of habitat asso-
ciated with the Chesapeake Bay eco-
system; and 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
‘‘(III) innovative nitrogen, phos-
phorus, or sediment reduction efforts; 
and 
‘‘(ii) give preference to cooperative 
projects that involve local governments. 
‘‘(h) TOTAL MAXIMUM DAILY LOAD.— 
‘‘(1) TMDL.— 
‘‘(A) ESTABLISHMENT.—Not later than 
December 31, 2010, the Administrator shall es-
tablish a Chesapeake Bay-wide TMDL. 
‘‘(B) REQUIREMENTS.—The Administrator 
shall not establish or approve a TMDL de-
scribed in subparagraph (A) unless the TMDL 
is developed in accordance with the require-
ments of section 303(d)(1)(C) of this Act, and 
includes— 
‘‘(i) wasteload allocations for nitrogen, 
phosphorus, and sediment necessary to im-
plement the applicable water quality stand-
ards in the Chesapeake Bay watershed and 
achieve those standards in the Chesapeake 
Bay and tidal tributaries; 
‘‘(ii) enforceable or otherwise binding 
load allocations for all nonpoint sources, 
including atmospheric deposition, agricul-
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
tural runoff, and stormwater sources for 
which a permit under section 402 is not 
required; and 
‘‘(iii) a requirement for no net in-
crease of nitrogen, phosphorus, and sedi-
ment loads above the pollutant limitations 
necessary to meet water quality standards 
for the Chesapeake Bay and tidal tribu-
taries, including no net projected increased 
pollutant levels from— 
‘‘(I) new or increased impervious 
surfaces; 
‘‘(II) concentrated animal feeding 
operations; 
‘‘(III) 
transportation 
systems; 
and 
‘‘(IV) septic systems. 
‘‘(2) PERMITS.— 
‘‘(A) IN GENERAL.—Effective beginning on 
January 1, 2011, a new or reissued permit 
issued by the Administrator under section 
402(a) or a State authorized to administer a 
permit program under section 402(b) shall in-
clude limits consistent with all applicable 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS
wasteload allocations in the Chesapeake Bay 
TMDL. 
‘‘(B) PERMITS.— 
‘‘(i) IN
GENERAL.—Effective begin-
ning on January 1, 2011, each Chesapeake 
Bay State shall submit to the Adminis-
trator copies of any permit for discharges 
of nitrogen, phosphorus, or sediment into 
the Chesapeake Bay watershed that is al-
lowed to continue beyond 5 years pursuant 
to a State law analogous to section 558(c) 
of title 5, United States Code, not later 
than 60 days after the expiration date of 
the permit. 
‘‘(ii) 
REVIEW.—The 
Administrator 
shall have the opportunity to review and 
object to the continuance of the permit in 
accordance with the process described in 
section 402(d) for permits proposed to be 
issued by a State. 
‘‘(i) ACTIONS BY STATES.— 
‘‘(1) WATERSHED IMPLEMENTATION PLANS.— 
‘‘(A) PLANS.— 
‘‘(i) IN
GENERAL.—Not later than 
May 12, 2011, each Chesapeake Bay State 
VerDate Nov 24 2008 
23:08 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3852.IH
H3852
jlentini on DSKJ8SOYB1PROD with BILLS