TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Straits Marine 
Conservation Initiative Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MARINE CONSERVATION 
              INITIATIVE ACT.

    The Northwest Straits Marine Conservation Initiative Act (title IV 
of Public Law 105-384; 112 Stat. 3458) is amended--
            (1) in section 402, by striking ``(in this title referred 
        to as the `Commission')'';
            (2) by striking sections 403 and 404;
            (3) by redesignating section 405 as section 410; and
            (4) by inserting after section 402 the following new 
        sections:

``SEC. 403. FINDINGS.

    ``Congress makes the following findings:
            ``(1) The marine waters and ecosystem of the Northwest 
        Straits in Puget Sound in the State of Washington represent a 
        unique resource of enormous environmental and economic value to 
        the people of the United States.
            ``(2) During the 20th century, the environmental health of 
        the Northwest Straits declined dramatically as indicated by 
        impaired water quality, declines in marine wildlife, collapse 
        of harvestable marine species, loss of critical marine 
        habitats, ocean acidification, and sea level rise.
            ``(3) At the start of the 21st century, the Northwest 
        Straits have been threatened by sea level rise, ocean 
        acidification, and other effects of climate change.
            ``(4) In 1998, the Northwest Straits Marine Conservation 
        Initiative Act (title IV of Public Law 105-384) was enacted to 
        tap the unprecedented level of citizen stewardship demonstrated 
        in the Northwest Straits and create a mechanism to mobilize 
        public support and raise capacity for local efforts to protect 
        and restore the ecosystem of the Northwest Straits.
            ``(5) The Northwest Straits Marine Conservation Initiative 
        helps the National Oceanic and Atmospheric Administration and 
        other Federal agencies with their marine missions by fostering 
        local interest in marine issues and involving diverse groups of 
        citizens.
            ``(6) The Northwest Straits Marine Conservation Initiative 
        shares many of the same goals with the National Oceanic and 
        Atmospheric Administration, including fostering citizen 
        stewardship of marine resources, general ecosystem management, 
        and protecting federally managed marine species.
            ``(7) Ocean literacy and identification and removal of 
        marine debris projects are examples of on-going partnerships 
        between the Northwest Straits Marine Conservation Initiative 
        and the National Oceanic and Atmospheric Administration.

``SEC. 404. DEFINITIONS.

    ``In this title:
            ``(1) Commission.--The term `Commission' means the 
        Northwest Straits Advisory Commission established by section 
        402.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Northwest straits.--The term `Northwest Straits' 
        means the marine waters of the Strait of Juan de Fuca and of 
        Puget Sound from the Canadian border to the south end of 
        Snohomish County.

``SEC. 405. MEMBERSHIP OF THE COMMISSION.

    ``(a) Composition.--The Commission shall be composed of up to 14 
members who shall be appointed as follows:
            ``(1) One member appointed by a consensus of the members of 
        a marine resources committee established under section 408 for 
        each of the following counties of the State of Washington:
                    ``(A) San Juan County.
                    ``(B) Island County.
                    ``(C) Skagit County.
                    ``(D) Whatcom County.
                    ``(E) Snohomish County.
                    ``(F) Clallam County.
                    ``(G) Jefferson County.
            ``(2) Two members appointed by the Secretary of the 
        Interior in trust capacity and in consultation with the 
        Northwest Indian Fisheries Commission or the Indian tribes 
        affected by this title collectively, as the Secretary of the 
        Interior considers appropriate, to represent the interests of 
        such tribes.
            ``(3) One member appointed by the Governor of the State of 
        Washington to represent the interests of the Puget Sound 
        Partnership.
            ``(4) Four members appointed by the Governor of the State 
        of Washington who--
                    ``(A) are residents of the State of Washington; and
                    ``(B) are not employed by a Federal, State, or 
                local government.
    ``(b) Vacancies.--A vacancy in the Commission shall be filled in 
the manner in which the original appointment was made.
    ``(c) Chairperson.--The Commission shall select a Chairperson from 
among its members.
    ``(d) Meeting.--The Commission shall meet at the call of the 
Chairperson, but not less frequently than quarterly.
    ``(e) Liaison.--
            ``(1) In general.--The Secretary of Commerce, acting 
        through the Under Secretary for Oceans and Atmosphere and in 
        consultation with the Director of the Commission appointed 
        under section 407(a), shall appoint an employee of the National 
        Oceanic and Atmospheric Administration--
                    ``(A) to serve as a liaison between the Commission 
                and the Department of Commerce; and
                    ``(B) to attend meetings and other events of the 
                Commission as a nonvoting participant.
            ``(2) Limitation.--Service of an employee as an appointee 
        under paragraph (1)--
                    ``(A) shall be limited to service as a liaison and 
                attendance of meetings and other events as a nonvoting 
                participant; and
                    ``(B) does not obligate the employee to perform any 
                duty of the Commission under section 406(b).

``SEC. 406. GOAL AND DUTIES OF THE COMMISSION.

    ``(a) Goal.--The goal of the Commission is to protect and restore 
the marine waters, habitats, and species of the Northwest Straits 
region to achieve ecosystem health and sustainable resource use by--
            ``(1) designing and initiating projects that are driven by 
        sound science, local priorities, community-based decisions, and 
        the ability to measure results;
            ``(2) building awareness and stewardship and making 
        recommendations to improve the health of the Northwest Straits 
        marine resources;
            ``(3) maintaining and expanding diverse membership and 
        partner organizations;
            ``(4) expanding partnerships with governments of Indian 
        tribes affected by this title and continuing to foster respect 
        for tribal cultures and treaties; and
            ``(5) recognizing the importance of economic and social 
        benefits that are dependent on marine environments and 
        sustainable marine resources.
    ``(b) Duties.--The duties of the Commission are the following:
            ``(1) To provide resources and technical support for marine 
        resources committees established under section 408.
            ``(2) To work with such marine resources committees and 
        appropriate entities of Federal and State governments and 
        Indian tribes affected by this title to develop programs to 
        monitor the overall health of the marine ecosystem of the 
        Northwest Straits.
            ``(3) To identify factors adversely affecting or preventing 
        the restoration of the health of the marine ecosystem and 
        coastal economies of the Northwest Straits.
            ``(4) To develop scientifically sound restoration and 
        protection recommendations, informed by local priorities, that 
        address such factors.
            ``(5) To assist in facilitating the successful 
        implementation of such recommendations by developing broad 
        support among appropriate authorities, stakeholder groups, and 
        local communities.
            ``(6) To develop regional projects based on such 
        recommendations to protect and restore the Northwest Straits 
        ecosystem.
            ``(7) To serve as a public forum for the discussion of 
        policies and actions of Federal, State, or local government, an 
        Indian tribe affected by this title, or the Government of 
        Canada with respect to the marine ecosystem of the Northwest 
        Straits.
            ``(8) To inform appropriate authorities and local 
        communities about the marine ecosystem of the Northwest Straits 
        and about issues relating to the marine ecosystem of the 
        Northwest Straits.
            ``(9) To consult with all Indian tribes affected by this 
        title to ensure that the work of the Commission does not 
        violate tribal treaty rights.
    ``(c) Benchmarks.--The Commission shall carry out its duties in a 
manner that promotes the achieving of the benchmarks described in 
subsection (f)(2).
    ``(d) Coordination and Collaboration.--The Commission shall carry 
out the duties described in subsection (b) in coordination and 
collaboration, when appropriate, with Federal, State, and local 
governments and Indian tribes affected by this title.
    ``(e) Regulatory Authority.--The Commission shall have no power to 
issue regulations.
    ``(f) Annual Report.--
            ``(1) In general.--Each year, the Commission shall prepare, 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Natural 
        Resources of the House of Representatives, and the Under 
        Secretary for Oceans and Atmosphere, and make available to the 
        public an annual report describing--
                    ``(A) the activities carried out by the Commission 
                during the preceding year; and
                    ``(B) the progress of the Commission in achieving 
                the benchmarks described in paragraph (2).
            ``(2) Benchmarks.--The benchmarks described in this 
        paragraph are the following:
                    ``(A) Protection and restoration of marine, 
                coastal, and nearshore habitats.
                    ``(B) Prevention of loss and achievement of a net 
                gain of healthy habitat areas.
                    ``(C) Protection and restoration of marine 
                populations to healthy, sustainable levels.
                    ``(D) Protection of the marine water quality of the 
                Northwest Straits region and restoration of the health 
                of marine waters.
                    ``(E) Collection of high-quality data and promotion 
                of the use and dissemination of such data.
                    ``(F) Promotion of stewardship and understanding of 
                Northwest Straits marine resources through education 
                and outreach.

``SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE MATTERS.

    ``(a) Director.--The Manager of the Shorelands and Environmental 
Assistance Program of the Department of Ecology of the State of 
Washington may, upon the recommendation of the Commission and the 
Director of the Padilla Bay National Estuarine Research Reserve, 
appoint and terminate a Director of the Commission. The employment of 
the Director shall be subject to confirmation by the Commission.
    ``(b) Staff.--The Director may hire such other personnel as may be 
appropriate to enable the Commission to perform its duties. Such 
personnel shall be hired through the personnel system of the Department 
of Ecology of the State of Washington.
    ``(c) Administrative Services.--If the Governor of the State of 
Washington makes available to the Commission the administrative 
services of the State of Washington Department of Ecology, the 
Commission shall use such services for employment, procurement, grant 
and fiscal management, and support services necessary to carry out the 
duties of the Commission.

``SEC. 408. MARINE RESOURCES COMMITTEES.

    ``(a) In General.--The government of each of the counties referred 
to in subparagraphs (A) through (G) of section 405(a)(1) may establish 
a marine resources committee that--
            ``(1) complies with the requirements of this section; and
            ``(2) receives from such government the mission, direction, 
        expert assistance, and financial resources necessary--
                    ``(A) to address issues affecting the marine 
                ecosystems within its county; and
                    ``(B) to work to achieve the benchmarks described 
                in section 406(f)(2).
    ``(b) Membership.--
            ``(1) In general.--Each marine resources committee 
        established pursuant to this section shall be composed of--
                    ``(A) members with relevant scientific expertise; 
                and
                    ``(B) members that represent balanced 
                representation, including representation of--
                            ``(i) local governments, including planning 
                        staff from counties and cities with marine 
                        shorelines;
                            ``(ii) affected economic interests, such as 
                        ports and commercial fishers;
                            ``(iii) affected recreational interests, 
                        such as sport fishers; and
                            ``(iv) conservation and environmental 
                        interests.
            ``(2) Tribal members.--With respect to a county referred to 
        in subparagraphs (A) through (G) of section 405(a)(1), each 
        Indian tribe with usual and accustomed fishing rights in the 
        waters of such county and each Indian tribe with reservation 
        lands in such county, may appoint one member to the marine 
        resources committee for such county. Such member may be 
        appointed by the respective tribal authority.
            ``(3) Chairperson.--
                    ``(A) In general.--Each marine resources committee 
                established pursuant to this section shall select a 
                chairperson from among members by a majority vote of 
                the members of the committee.
                    ``(B) Rotating position.--Each marine resources 
                committee established pursuant to this section shall 
                select a new chairperson at a frequency determined by 
                the county charter of the marine resources committee to 
                create a diversity of representation in the leadership 
                of the marine resources committee.
    ``(c) Duties.--The duties of a marine resources committee 
established pursuant to this section are the following:
            ``(1) To assist in assessing marine resource problems in 
        concert with governmental agencies, tribes, and other entities.
            ``(2) To assist in identifying local implications, needs, 
        and strategies associated with the recovery of Puget Sound 
        salmon and other species in the region of the Northwest Straits 
        listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 
        et seq.) in coordination with Federal, State, and local 
        governments, Indian tribes affected by this title, and other 
        entities.
            ``(3) To work with other entities to enhance the scientific 
        baseline and monitoring program for the marine environment of 
        the Northwest Straits.
            ``(4) To identify local priorities for marine resource 
        conservation and develop new projects to address those needs.
            ``(5) To work closely with county leadership to implement 
        local marine conservation and restoration initiatives.
            ``(6) To coordinate with the Commission on marine ecosystem 
        objectives.
            ``(7) To educate the public and key constituencies 
        regarding the relationship between healthy marine habitats, 
        harvestable resources, and human activities.

``SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION FOUNDATION.

    ``(a) Establishment.--The Director of the Commission and the 
Director of the State of Washington Department of Ecology, or his or 
her designee, may enter into an agreement with an organization 
described in section 501(c)(3) of the Internal Revenue Code of 1986 to 
establish a nonprofit foundation to support the Commission and the 
marine resources committees established under section 408 in carrying 
out their duties under this Act.
    ``(b) Designation.--The foundation authorized by subsection (a) 
shall be known as the `Northwest Straits Marine Conservation 
Foundation'.
    ``(c) Receipt of Grants.--The Northwest Straits Marine Conservation 
Foundation may, if eligible, apply for, accept, and use grants awarded 
by Federal agencies, States, local governments, regional agencies, 
interstate agencies, corporations, foundations, or other persons to 
assist the Commission and the marine resources committees in carrying 
out their duties under this Act.
    ``(d) Transfer of Funds.--The Northwest Straits Marine Conservation 
Foundation may transfer funds to the Commission or the marine resources 
committees to assist them in carrying out their duties under this 
Act.''.

            Passed the House of Representatives December 7, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

SOLUTION: Northwest Straits Marine Conservation Initiative Reauthorization Act of 2009 - Amends the Northwest Straits Marine Conservation Initiative Act to define "Northwest Straits" as the marine waters of the Strait of Juan de Fuca and of Puget Sound from the Canadian border to the south end of Snohomish County, Washington.

Sets forth the membership of the Northwest Straits Advisory Commission. Directs the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, to appoint an employee of the National Oceanic and Atmospheric Administration (NOAA) to serve as a liaison between the Commission and the Department of Commerce and to attend the Commission's meetings and events as a nonvoting participant. States the goal of the Commission as the protection and restoration of the marine waters, habitats, and species of the Northwest Straits region in Washington to achieve ecosystem health and sustainable resource use. Enumerates the duties of the Commission and establishes benchmarks for its work. Requires the Commission to submit annual reports to Congress and the Under Secretary on its activities and its progress in achieving specified benchmarks.

Authorizes the Manager of the Shorelands and Environmental Assistance Program of Washington's Department of Ecology, upon the recommendation of the Commission and the Director of the Padilla Bay National Estuarine Research Reserve, to appoint and terminate a Director of the Commission. Requires the Director to be confirmed by the Commission.

Provides for the establishment of marine resources committees in specified counties of Washington.

Authorizes the Director of the Commission and the Director of the State of Washington Department of Ecology to establish the Northwest Straits Marine Conservation Foundation as a nonprofit foundation to support the Commission and the marine resources committees established by this Act.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal HUD-VASH Act of 2017''.

SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS.

    Section 8(o)(19) of the United States Housing Act of 1937 (42 
U.S.C. 1437f(o)(19)) is amended by adding at the end the following:
                    ``(D) Indian veterans housing rental assistance 
                program.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Eligible indian veteran.--The 
                                term `eligible Indian veteran' means an 
                                Indian veteran who is--
                                            ``(aa) homeless or at risk 
                                        of homelessness; and
                                            ``(bb) living--

                                                    ``(AA) on or near a 
                                                reservation; or

                                                    ``(BB) in or near 
                                                any other Indian area.

                                    ``(II) Eligible recipient.--The 
                                term `eligible recipient' means a 
                                recipient eligible to receive a grant 
                                under section 101 of the Native 
                                American Housing Assistance and Self-
                                Determination Act of 1996 (25 U.S.C. 
                                4111).
                                    ``(III) Indian; indian area.--The 
                                terms `Indian' and `Indian area' have 
                                the meanings given those terms in 
                                section 4 of the Native American 
                                Housing Assistance and Self-
                                Determination Act of 1996 (25 U.S.C. 
                                4103).
                                    ``(IV) Indian veteran.--The term 
                                `Indian veteran' means an Indian who is 
                                a veteran.
                                    ``(V) Program.--The term `Program' 
                                means the Tribal HUD-VASH program 
                                carried out under clause (ii).
                                    ``(VI) Tribal organization.--The 
                                term `tribal organization' has the 
                                meaning given the term in section 4 of 
                                the Indian Self-Determination and 
                                Education Assistance Act (25 U.S.C. 
                                5304).
                            ``(ii) Program specifications.--The 
                        Secretary shall use not less than 5 percent of 
                        the amounts made available for rental 
                        assistance under this paragraph to carry out a 
                        rental assistance and supported housing 
                        program, to be known as the `Tribal HUD-VASH 
                        program', in conjunction with the Secretary of 
                        Veterans Affairs, by awarding grants for the 
                        benefit of eligible Indian veterans.
                            ``(iii) Model.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary shall model the Program on 
                                the rental assistance and supported 
                                housing program authorized under 
                                subparagraph (A) and applicable 
                                appropriations Acts, including 
                                administration in conjunction with the 
                                Secretary of Veterans Affairs.
                                    ``(II) Exceptions.--
                                            ``(aa) Secretary of housing 
                                        and urban development.--After 
                                        consultation with Indian 
                                        tribes, eligible recipients, 
                                        and any other appropriate 
                                        tribal organizations, the 
                                        Secretary may make necessary 
                                        and appropriate modifications 
                                        to facilitate the use of the 
                                        Program by eligible recipients 
                                        to serve eligible Indian 
                                        veterans.
                                            ``(bb) Secretary of 
                                        veterans affairs.--After 
                                        consultation with Indian 
                                        tribes, eligible recipients, 
                                        and any other appropriate 
                                        tribal organizations, the 
                                        Secretary of Veterans Affairs 
                                        may make necessary and 
                                        appropriate modifications to 
                                        facilitate the use of the 
                                        Program by eligible recipients 
                                        to serve eligible Indian 
                                        veterans.
                            ``(iv) Eligible recipients.--The Secretary 
                        shall make amounts for rental assistance and 
                        associated administrative costs under the 
                        Program available in the form of grants to 
                        eligible recipients.
                            ``(v) Funding criteria.--The Secretary 
                        shall award grants under the Program based on--
                                    ``(I) need;
                                    ``(II) administrative capacity; and
                                    ``(III) any other funding criteria 
                                established by the Secretary in a 
                                notice published in the Federal 
                                Register after consulting with the 
                                Secretary of Veterans Affairs.
                            ``(vi) Administration.--Grants awarded 
                        under the Program shall be administered in 
                        accordance with the Native American Housing 
                        Assistance and Self-Determination Act of 1996 
                        (25 U.S.C. 4101 et seq.), except that 
                        recipients shall--
                                    ``(I) submit to the Secretary, in a 
                                manner prescribed by the Secretary, 
                                reports on the utilization of rental 
                                assistance provided under the Program; 
                                and
                                    ``(II) provide to the Secretary 
                                information specified by the Secretary 
                                to assess the effectiveness of the 
                                Program in serving eligible Indian 
                                veterans.
                            ``(vii) Consultation.--
                                    ``(I) Grant recipients; tribal 
                                organizations.--The Secretary, in 
                                coordination with the Secretary of 
                                Veterans Affairs, shall consult with 
                                eligible recipients and any other 
                                appropriate tribal organization on the 
                                design of the Program to ensure the 
                                effective delivery of rental assistance 
                                and supportive services to eligible 
                                Indian veterans under the Program.
                                    ``(II) Indian health service.--The 
                                Director of the Indian Health Service 
                                shall provide any assistance requested 
                                by the Secretary or the Secretary of 
                                Veterans Affairs in carrying out the 
                                Program.
                            ``(viii) Waiver.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the 
                                Secretary may waive or specify 
                                alternative requirements for any 
                                provision of law (including 
                                regulations) that the Secretary 
                                administers in connection with the use 
                                of rental assistance made available 
                                under the Program if the Secretary 
                                finds that the waiver or alternative 
                                requirement is necessary for the 
                                effective delivery and administration 
                                of rental assistance under the Program 
                                to eligible Indian veterans.
                                    ``(II) Exception.--The Secretary 
                                may not waive or specify alternative 
                                requirements under subclause (I) for 
                                any provision of law (including 
                                regulations) relating to labor 
                                standards or the environment.
                            ``(ix) Renewal grants.--The Secretary may--
                                    ``(I) set aside, from amounts made 
                                available for tenant-based rental 
                                assistance under this subsection and 
                                without regard to the amounts used for 
                                new grants under clause (ii), such 
                                amounts as may be necessary to award 
                                renewal grants to eligible recipients 
                                that received a grant under the Program 
                                in a previous year; and
                                    ``(II) specify criteria that an 
                                eligible recipient must satisfy to 
                                receive a renewal grant under subclause 
                                (I), including providing data on how 
                                the eligible recipient used the amounts 
                                of any grant previously received under 
                                the Program.
                            ``(x) Reporting.--
                                    ``(I) In general.--Not later than 1 
                                year after the date of enactment of the 
                                Tribal HUD-VASH Act of 2017, and every 
                                5 years thereafter, the Secretary, in 
                                coordination with the Secretary of 
                                Veterans Affairs and the Director of 
                                the Indian Health Service, shall--
                                            ``(aa) conduct a review of 
                                        the implementation of the 
                                        Program, including any factors 
                                        that may have limited its 
                                        success; and
                                            ``(bb) submit a report 
                                        describing the results of the 
                                        review under item (aa) to--

                                                    ``(AA) the 
                                                Committee on Indian 
                                                Affairs, the Committee 
                                                on Banking, Housing, 
                                                and Urban Affairs, the 
                                                Committee on Veterans' 
                                                Affairs, and the 
                                                Committee on 
                                                Appropriations of the 
                                                Senate; and

                                                    ``(BB) the 
                                                Subcommittee on Indian, 
                                                Insular and Alaska 
                                                Native Affairs of the 
                                                Committee on Natural 
                                                Resources, the 
                                                Committee on Financial 
                                                Services, the Committee 
                                                on Veterans' Affairs, 
                                                and the Committee on 
                                                Appropriations of the 
                                                House of 
                                                Representatives.

                                    ``(II) Analysis of housing stock 
                                limitation.--The Secretary shall 
                                include in the initial report submitted 
                                under subclause (I) a description of--
                                            ``(aa) any regulations 
                                        governing the use of formula 
                                        current assisted stock (as 
                                        defined in section 1000.314 of 
                                        title 24, Code of Federal 
                                        Regulations (or any successor 
                                        regulation)) within the 
                                        Program;
                                            ``(bb) the number of 
                                        recipients of grants under the 
                                        Program that have reported the 
                                        regulations described in item 
                                        (aa) as a barrier to 
                                        implementation of the Program; 
                                        and
                                            ``(cc) proposed alternative 
                                        legislation or regulations 
                                        developed by the Secretary in 
                                        consultation with recipients of 
                                        grants under the Program to 
                                        allow the use of formula 
                                        current assisted stock within 
                                        the Program.''.

            Passed the Senate May 23, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

SOLUTION: Tribal HUD-VASH Act of 2017 (Sec. 2) This bill provides statutory authority for the Tribal HUD-VASH program, which provides rental assistance and supportive services to Indian veterans who are homeless or at risk of homelessness and living in or near an Indian area.  The United States Housing Act of 1937 is amended to direct the Department of Housing and Urban Development (HUD) to use at least 5% of rental assistance amounts under the HUD-VASH program, which provides housing assistance to homeless veterans, for the Tribal HUD-VASH program. The Tribal HUD-VASH program shall be carried out in conjunction with the Department of Veterans Affairs (VA).  HUD and the VA: (1) shall consult with tribal organizations regarding the program's design, and (2) may make program modifications after consulting with tribal organizations. Program grants shall be made to entities eligible for Native American housing assistance block grants.   HUD may make renewal grants to entities that have received prior program grants.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air and Health Quality Empowerment 
Zone Designation Act of 2010''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish criteria through the use of 
which specific geographical areas--
            (1) shall be designated as air and health quality 
        empowerment zones; and
            (2) may apply for grants authorized for the purpose of 
        replacing or retrofitting polluting vehicles or engines (or 
        both vehicles and engines) in order to improve the health of 
        the population living in the zones.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) the San Joaquin Valley faces serious air quality 
        challenges that impact the development, health, and economy of 
        the Valley;
            (2) the Valley emits approximately 624 tons of nitrogen 
        oxides per day, and attainment of the 1997 federally mandated 
        8-hour ozone standard under the Clean Air Act requires 
        emissions of not more than 160 tons of oxides of nitrogen per 
        day;
            (3) the Valley does not attain the federally mandated 
        standard for PM&lt;INF&gt;2.5&lt;/INF&gt;;
            (4) the children of the Valley miss 188,000 school days per 
        year, which translates to 1 in 4 of those children experiencing 
        a day of absence each year due to elevated ozone levels;
            (5) approximately 460 residents of the Valley die earlier 
        than they otherwise would due to elevated ozone levels, and 
        Valley residents experience 23,300 asthma attacks per year, a 
        rate that equals 3 times the State average and 5 times the 
        national average;
            (6) 1 in 5 children residing in the Valley have been 
        diagnosed with asthma;
            (7) nonattainment of Federal air quality standards costs 
        the Valley $3,200,000,000 annually;
            (8) the Valley experiences chronic double-digit 
        unemployment rates; and
            (9) the Federal Government must partner with the Valley and 
        the State to address air quality, health, and economic 
        development for the residents of the Valley through the 
        designation of the Valley as air quality empowerment zone that 
        is eligible for Federal grants and technical assistance.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) Clean air act.--The term ``Clean Air Act'' means the 
        Clean Air Act (42 U.S.C. 7401 et seq.).
            (4) PM&lt;INF&gt;2.5&lt;/INF&gt;.--The term ``PM&lt;INF&gt;2.5&lt;/INF&gt;'' means 
        particulate matter with a diameter that does not exceed 2.5 
        micrometers.
            (5) Strategic plan.--The term ``strategic plan'' means, 
        with respect to an area, the plan contained in the application 
        for designation of the area under section 5.
            (6) Valley.--The term ``Valley'' means the San Joaquin 
        Valley, California.

SEC. 5. AIR QUALITY EMPOWERMENT ZONE DESIGNATION PROCEDURES.

    (a) In General.--From among the areas nominated for designation 
under this section, the Administrator may designate 1 or more areas as 
air and health quality empowerment zones.
    (b) Period for Which Designation Is in Effect.--
            (1) In general.--Any designation under this section shall 
        remain in effect during the period beginning on the date of the 
        designation and ending on the earlier of--
                    (A) the last day of the tenth calendar year 
                beginning on the date of the designation; or
                    (B) the date on which the Administrator revokes the 
                designation.
            (2) Revocation of designation.--The Administrator may 
        revoke the designation under this section of an area if the 
        Administrator determines that the local air pollution control 
        district in which the designated area is located--
                    (A) has been designated as being in attainment with 
                the national ambient air quality standard for 
                PM&lt;INF&gt;2.5&lt;/INF&gt; and ozone promulgated under the Clean 
                Air Act; or
                    (B) is not complying substantially with, or fails 
                to make progress in achieving the goals of, the 
                strategic plan.
    (c) Limitations on Designations.--No area may be designated under 
subsection (a) unless--
            (1) the area is nominated for designation by the air 
        pollution control district with jurisdiction over the area;
            (2) the air pollution control district provides written 
        assurances satisfactory to the Administrator that the strategic 
        plan will be implemented; and
            (3) the Administrator determines that any information 
        provided is reasonably accurate.
    (d) Application.--No area may be designated under subsection (a) 
unless the application for the designation--
            (1) demonstrates that the nominated area satisfies the 
        eligibility criteria described in section 6; and
            (2) includes a strategic plan for accomplishing the 
        purposes of this Act that--
                    (A) describes--
                            (i) the process by which the nominated area 
                        is a full partner in the process of developing 
                        and implementing the plan; and
                            (ii) the extent to which local institutions 
                        and organizations have contributed to the 
                        planning process;
                    (B) identifies--
                            (i) the amount of State, local, and private 
                        resources that will be available for the 
                        nominated area; and
                            (ii) the private/public partnerships to be 
                        used (which may include participation by, and 
                        cooperation with, institutions of higher 
                        education, medical centers, and other private 
                        and public entities);
                    (C) identifies the funding requested under any 
                Federal program in support of the purposes of this Act;
                    (D) identifies baselines, methods, and benchmarks 
                for measuring the success of carrying out the strategic 
                plan; and
                    (E) includes such other information as may be 
                required by the Administrator.

SEC. 6. ELIGIBILITY CRITERIA.

    (a) In General.--A nominated area shall be eligible for designation 
under section 5(a) only if the area meets all of the following 
criteria:
            (1) Nonattainment.--The nominated area has been designated 
        as being--
                    (A) in extreme nonattainment of the 8-hour ozone 
                national ambient air quality standard promulgated by 
                the Administrator under the Clean Air Act; and
                    (B) in nonattainment of national ambient air 
                quality standard for PM&lt;INF&gt;2.5&lt;/INF&gt; promulgated by 
                the Administrator under that Act.
            (2) Agricultural sources.--The nominated area has--
                    (A) emissions of oxides of nitrogen from farm 
                equipment of at least 30 tons per day in calendar year 
                2010; or
                    (B) emissions of volatile organic compounds from 
                farming operations of at least 40 tons per day in 
                calendar year 2010.
            (3) Air quality-related health effects.--As of the date of 
        nomination, the nominated area meets or exceeds the national 
        average per capita incidence of asthma.
            (4) Economic impact.--As of the date of nomination, the 
        nominated area experiences unemployment rates higher than the 
        national average.
            (5) State matching funds.--The nominated area is located 
        within a State and local area that will match at least \1/2\ of 
        the funds provided by the Federal Government under this Act.

SEC. 7. ELIGIBLE GRANT APPLICANTS.

    Any air pollution control district or other local governmental 
entity authorized to regulate air quality in a State under the Clean 
Air Act may apply for a grant under this Act.

SEC. 8. AUTHORIZATION OF AIR AND HEALTH EMPOWERMENT GRANTS.

    (a) Eligibility.--
            (1) In general.--Each area designated as an air and health 
        quality empowerment zone under section 5(a) shall be eligible 
        to receive 1 or more grants under this section.
            (2) Amount of grants.--The amount of each grant awarded to 
        a designated air and health quality empowerment zone shall be 
        determined by the Administrator based upon a review of--
                    (A) the information contained in the applications 
                required by section 5(d); and
                    (B) the needs set forth in the applications by 
                those designated as beneficiaries.
            (3) Timing of grants.--With respect to each designated air 
        and health quality empowerment zone, the Administrator shall 
        make--
                    (A) a grant under this section to each such zone on 
                the date of designation of the zone under section 5(a); 
                and
                    (B) the grant under this section to each such zone 
                available on the first day of the first fiscal year 
                that begins after the date of designation of the zone.
            (4) Oversight of grants.--The air pollution control 
        district or other local government entity authorized to 
        regulate air quality in an area designated as an air and health 
        safety empowerment zone under section 5(a) shall oversee the 
        use of any grant funds provided to the zone under this section.
    (b) Use of Grants.--Each air and health safety empowerment zone 
that receives a grant under this section shall use the grant solely--
            (1) to carry out activities that achieve the purposes 
        described in section 2;
            (2) in accordance with the strategic plan for the zone; and
            (3) for activities that benefit the residents of the zone 
        for which the grant is made through improved air quality and 
        health.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to provide grants under this section 
$20,000,000 for each of fiscal years 2011 through 2015.

SOLUTION:
Air and Health Quality Empowerment Zone Designation Act of 2010 - Authorizes the Administrator of the Environmental Protection Agency (EPA) to designate areas nominated by local air pollution control districts as air and health quality empowerment zones, which shall be eligible for grants for replacing or retrofitting polluting vehicles and/or engines to improve the health of the population living in the zones.

Sets forth area eligibility requirements, including: (1) being in extreme nonattainment of the 8-hour ozone national ambient air quality standard and in nonattainment of the national ambient air quality standard for PM2.5 (particulate matter with a diameter that does not exceed 2.5 micrometers) promulgated by the Administrator under the Clean Air Act; (2) having specified emission levels of oxides of nitrogen from farm equipment or of volatile organic compounds from farming operations; (3) meeting or exceeding national averages for asthma; (4) exceeding national averages for unemployment; and (5) being eligible for state or local matching funds.

Prohibits an area from being designated unless the relevant district provides satisfactory assurances that the strategic plan (to be contained in its application) will be implemented. Authorizes the Administrator to revoke the designation if the relevant district: (1) has been designated as being in attainment with the air quality standards; or (2) is failing to comply with, or make progress in achieving the goals of, its strategic plan.