< Back to H.R. 1262 (111th Congress, 2009–2010)

Text of the Water Quality Investment Act of 2009

This bill was introduced in a previous session of Congress and was passed by the House on March 12, 2009 but was never passed by the Senate. The text of the bill below is as of Mar 16, 2009 (Referred to Senate Committee).

Download PDF

Source: GPO

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 authorize appropriations for State water pollution control revolving funds, and for other purposes.

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

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.

2.

Amendment of Federal Water Pollution Control 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 provision, 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.).

I

Water Quality Financing

A

Technical and Management Assistance

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 paragraph (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 governments for the purpose of assisting, in consultation with the State in which the assistance is provided, such municipalities and tribal governments in the planning, developing, and acquisition of financing for eligible projects described in section 603(c);

(B)

to provide technical assistance and training for rural, small, and tribal publicly owned treatment works and decentralized 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 municipalities that meet the affordability criteria established 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 decentralized 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 appropriated 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—

(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.

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 following:

(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;

.

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)—

(i)

by striking for treatment works and inserting to a municipality or municipal entity; and

(ii)

by striking wet weather discharge;

(B)

in paragraph (2) by striking in reducing 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 pollution 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 resources on a watershed or subwatershed basis to meet the objectives, goals, and policies of this Act.

(5)

Municipality-wide storm water management planning

The development of a municipality-wide plan that identifies the most effective placement of storm water technologies and management 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,.

B

Construction of Treatment Works

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 following:

211.

Sewage collection systems

(a)

In General

No

;

(2)

in subsection (b) by inserting Population Density.— after (b); and

(3)

by striking subsection (c) and inserting the following:

(c)

Exceptions

(1)

Replacement and major rehabilitation

Notwithstanding the requirement of subsection (a)(1) concerning the existence of a collection system as a condition of eligibility, a project for replacement or major rehabilitation of a collection system existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(1) and meets the requirement of paragraph (3).

(2)

New systems

Notwithstanding the requirement of subsection (a)(2) concerning the existence of a community as a condition of eligibility, a project for a new collection system to serve a community existing on January 1, 2007, shall be eligible for a grant under this title if the project otherwise meets the requirements of subsection (a)(2) and meets the requirement of paragraph (3).

(3)

Requirement

A project meets the requirement of this paragraph if the purpose of the project is to accomplish the objectives, goals, and policies of this Act by addressing an adverse environmental condition existing on the date of enactment of this paragraph.

.

1202.

Treatment works defined

Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amended—

(1)

by striking any works, including site;

(2)

by striking is used for ultimate and inserting will be used for ultimate; and

(3)

by inserting before the period at the end the following: and acquisition of other lands, and interests in lands, which are necessary for construction.

C

State Water Pollution Control Revolving Funds

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)..

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 standards 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 available 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 available under section 205(m), or both,; and

(C)

by striking 201(b) and all that follows 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 paragraph (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 fund balance will be available in perpetuity for providing financial assistance in accordance with this title;

(12)

any fees charged by the State to recipients of assistance that are considered program income 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 assistance 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 conservation, 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; and

(B)

has considered, to the maximum extent practicable and as determined appropriate by the recipient, the costs and effectiveness of other design, management, and financing approaches 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 criteria established by the State under section 603(i)(2) for activities included on the State’s priority list established under section 603(g), to the extent 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, construction management, feasibility studies, preliminary engineering, 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 determined 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 authorized 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.

.

1303.

Water pollution control revolving loan funds

(a)

Projects and Activities Eligible for Assistance

Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows:

(c)

Projects and Activities Eligible for Assistance

The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance—

(1)

to any municipality or intermunicipal, interstate, or State agency for construction of publicly 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 agriculture;

(7)

to any municipality or intermunicipal, interstate, or State agency for measures to reduce the demand for publicly owned treatment works capacity through water conservation, efficiency, or reuse;

(8)

for the development and implementation of watershed projects meeting the criteria set forth in section 122; and

(9)

to any municipality or intermunicipal, interstate, or State agency for measures to reduce the energy consumption needs for publicly owned treatment works, including the implementation of energy-efficient or renewable-energy generation technologies.

.

(b)

Extended Repayment Period

Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended—

(1)

in subparagraph (A) by striking 20 years and inserting the lesser of 30 years or the design life of the project to be financed with the proceeds of the loan; and

(2)

in subparagraph (B) by striking not later than 20 years after project completion and inserting upon the expiration of the term of the loan.

(c)

Fiscal Sustainability Plan

Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended—

(1)

by striking and at the end of subparagraph (C);

(2)

by inserting and at the end of subparagraph (D); and

(3)

by adding at the end the following:

(E)

for any portion of a treatment works proposed for repair, replacement, or expansion, and eligible for assistance under section 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 treatment 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, repairing, and, as necessary, replacing that portion 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.

(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 paragraph (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, equipment replacement, repair schedules, and other activities to improve wastewater treatment plant management and operations, 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 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 preceding fiscal year, whichever amount is greatest; and

(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 energy and water conservation through facility operation 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 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 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 following:

(i)

Additional Subsidization

(1)

In general

In any case in which a State provides assistance to a municipality or intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, 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 affordability criteria if the recipient—

(I)

seeks additional subsidization 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 assistance 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 appropriate method) to such ratepayers; or

(B)

to implement a process, material, technique, or technology to address water-efficiency goals, address energy-efficiency goals, mitigate stormwater runoff, or encourage environmentally sensitive project planning, design, and construction.

(2)

Affordability criteria

(A)

Establishment

On or before September 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 necessary to finance a project or activity eligible for assistance under section 603(c)(1) if additional subsidization is not provided. Such criteria shall be based on income data, population trends, and other data determined relevant by the State, including whether the project or activity 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 and an opportunity for public comment, affordability criteria that meet the requirements of subparagraph (A), the State may use the criteria 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 criteria 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 obligation more than $1,000,000,000 for the purposes of this title, a State shall provide additional subsidization under this subsection in the amount specified in subparagraph (B) to eligible entities described in paragraph (1) for projects and activities identified in the State’s intended use plan prepared under section 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 between—

(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 obligation 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 additional 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 September 30, 2009.

.

1304.

Allotment of funds

(a)

In General

Section 604(a) (33 U.S.C. 1384(a)) is amended to read as follows:

(a)

Allotments

(1)

Fiscal years 2010 and 2011

Sums appropriated to carry out this title for each of fiscal years 2010 and 2011 shall be allotted by the Administrator 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 allotted 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 subsection (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 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).

.

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 assistance is sought from the State’s water pollution control revolving fund. Such projects and activities shall be listed in priority order based on the methodology established under paragraph (2). The State may provide financial assistance from the State’s water pollution control revolving fund only with respect to a project or activity included on such list. In the case of projects and activities eligible for assistance under section 603(c)(2), the State may include a category or subcategory of nonpoint sources of pollution on such list in lieu of a specific project or activity.

(2)

Methodology

(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 priority list under paragraph (1).

(B)

Priority for projects and activities 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), whether such water quality improvements would be realized without assistance under this title, and whether the proposed projects and activities would address water quality impairments associated 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—

(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 program 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 pollution that a State may include on its priority list under paragraph (1), the State shall consider the cumulative water quality improvements associated with projects or activities in such categories 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 methodology 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 inserting each State (acting through the State’s water quality management agency and other appropriate 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 paragraph (5) and inserting ; and; and

(5)

by adding at the end the following:

(6)

if the State does not fund projects and activities 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 606(c) of such Act, as in effect on the day before the date of enactment of this Act.

1306.

Annual Reports

Section 606(d) (33 U.S.C. 1386(d)) is amended—

(1)

by striking (d) Annual report.—Beginning 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 activities carried out in whole or in part with assistance made available by a State water pollution control 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;

(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.

.

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:

607.

Technical assistance

(a)

Simplified Procedures

Not later than 1 year after the date of enactment of this section, the Administrator shall assist the States in establishing simplified 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 treatment works in obtaining assistance under this title and 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 opportunity for public comment, shall assist in the development of criteria for a State to determine compliance with the conditions of funding assistance established under sections 602(b)(13) and 603(d)(1)(E).

608.

Requirements for use of American materials

(a)

In general

Notwithstanding any other provision 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 inconsistent with the public interest;

(2)

steel, iron, and manufactured goods are not produced in the United States in sufficient and 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 percent.

(c)

Public notification and written justification for waiver

If the Administrator determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Administrator shall—

(1)

not less than 15 days prior to waiving application 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 agreements

This section shall be applied in a manner consistent with United States obligations under international agreements.

.

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 Representatives.

.

D

General Provisions

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 treatment works has the meaning given that term in section 212.

.

1402.

Funding for Indian programs

Section 518(c) (33 U.S.C. 1377) is amended—

(1)

by striking The Administrator and inserting the following:

(1)

Fiscal years 1987–2008

The Administrator

;

(2)

in paragraph (1) (as so designated)—

(A)

by inserting and ending before October 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 Oklahoma (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)).

.

E

Tonnage Duties

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 departed, 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—

(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

(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 further amended—

(1)

by striking the heading for subtitle VI and inserting the following:

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 inserting 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—

(1)

in the title analysis by striking the item relating to subtitle VI and inserting the following:

VI. CLEARANCE AND TONNAGE DUTIES60101

;

(2)

in the analysis for subtitle VI by striking the item relating to chapter 603 and inserting the following:

603.Tonnage Duties and Light Money60301

;

and
(3)

in the analysis for chapter 603—

(A)

by striking the items relating to sections 60301 and 60302 and inserting the following:

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.

.

1502.

United States-Mexican border water infrastructure 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 discharge into the Rio Grande River and develop recommendations for improving monitoring, information 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 developed 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 development.

(2)

Contents

In conducting the study, the Comptroller General shall examine the comprehensive planning needs relating to water and wastewater infrastructure for colonias along the border between the United States and Mexico.

(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 results of the study.

II

Alternative Water Source Projects

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.

III

Sewer Overflow Control Grants

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 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 environmentally 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

(1)

Fiscal year 2010

Subject to subsection (h), the Administrator shall use the amounts appropriated 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 section for fiscal year 2011 and each fiscal year thereafter 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.

IV

Monitoring, Reporting, and Public Notification of Sewer Overflows

4001.

Monitoring, reporting, and public notification 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 section 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 methodology, 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;

(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 discharge monitoring report to the Administrator or the State, as the case may be, by describing—

(i)

the magnitude, duration, and suspected cause of the overflow;

(ii)

the steps taken or planned to reduce, 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 number of sewer overflows in a calendar year, including—

(i)

the details of how much wastewater was released per incident;

(ii)

the duration of each sewer overflow;

(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 impacts 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 treatment works’ best management practices, and is intended to prevent sewer overflows.

(3)

Report to EPA

Each State shall provide 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 opportunity 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 treatment works in—

(i)

assessing whether a sewer overflow has the potential to affect human health or may imminently and substantially endanger human health; and

(ii)

developing communication measures that are sufficient to give notice under paragraphs (1)(B) and (1)(C); and

(B)

define the terms feasible and timely as such terms apply to paragraph (1)(A), including site specific conditions.

(5)

Approval of State notification programs

(A)

Requests for approval

(i)

In general

After the date of issuance of regulations under paragraph (4), a State may submit to the Administrator evidence that the State has in place a legally enforceable notification program that is substantially equivalent to or exceeds the requirements of paragraphs (1)(B) and (1)(C).

(ii)

Program review and authorization

If the evidence submitted by a State under clause (i) shows the notification program of the State to be substantially equivalent to or exceeds the requirements 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 program under clause (ii), the Administrator shall take into account the scope of sewer overflows for which notification is required, the length of time during which notification must be made, the scope of persons who must be notified of sewer overflows, the scope of enforcement activities ensuring 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 completes 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 administering and enforcing a State notification program authorized under subparagraph (A)(ii) in accordance with the requirements of this paragraph, 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 authorization of such program and enforce the requirements of paragraphs (1)(B) and (1)(C) with respect to the State.

(6)

Special rules concerning application 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 requirements contained in a permit issued under this section for the treatment works to the extent that the notification requirements are less stringent than the notification requirements of paragraphs (1)(B) and (1)(C),

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 following definitions apply:

(A)

Sanitary sewer overflow

The term sanitary sewer overflow means an overflow, 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 wastewater backups into buildings that are caused by blockages or flow conditions in a sanitary sewer other than a building lateral.

(B)

Sewer overflow

The term sewer overflow means a sanitary sewer overflow or a municipal combined sewer overflow.

(C)

Single-family residence

The term single-family residence means an individual dwelling unit, including an apartment, condominium, house, or dormitory. Such term does not include the common areas of a multi-dwelling structure.

.

V

Great Lakes Legacy Reauthorization

5001.

Remediation of sediment contamination in areas of concern

Section 118(c)(12)(H) of the Federal Water Pollution 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 section, 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.

.

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.

5003.

Contaminated sediment remediation approaches, technologies, and techniques

Section 106(b) of the Great Lakes Legacy Act of 2002 (33 U.S.C. 1271a(b)) is amended by striking paragraph (1) and inserting the following:

(1)

In general

In addition to amounts authorized 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.

.

5004.

Great Lakes water quality

(a)

Study

The Administrator of the Environmental Protection Agency, in consultation with the Secretary of State and the Government of Canada, shall conduct a study of the condition of wastewater treatment facilities located in the United States and Canada that discharge into the Great Lakes.

(b)

Contents

In conducting the study, the Administrator shall—

(1)

determine the effect that such treatment facilities 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 discharge of untreated and undertreated wastewater 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 submit to Congress a report on the results of the study, together with the recommendations developed under subsection (b)(2).

VI

Pharmaceuticals and personal care products

6001.

Presence of pharmaceuticals and personal 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 personal care products in waters of the United States

(1)

Study

The Administrator, in consultation 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 detected in the waters of the United States and the levels at which such PPCPs have been detected;

(B)

identify the sources of PPCPs in the waters of the United States, including point sources and nonpoint sources of PPCP contamination; 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 Administrator shall submit to Congress a report on the results of the study conducted under this subsection, including the potential effects of PPCPs in the waters 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 personal health or cosmetic reasons or used to enhance growth or health of livestock.

.

VII

Miscellaneous

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 Water Pollution Control Act (33 U.S.C. 1251), the Administrator 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 unused 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;

(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 subsection (c).

VIII

OMB Study

8001.

Evaluation using program assessment rating tool

(a)

Study

The Director of the Office of Management and Budget shall conduct a study to evaluate the programs authorized by this Act, including the amendments made by this Act, under the Program Assessment Rating Tool (PART) or a successor performance assessment tool that is developed by the Office of Management and Budget.

(b)

Report

The Director shall transmit to Congress a report on the results of the study.

IX

Chesapeake Bay Accountability and Recovery

9001.

Chesapeake Bay Crosscut Budget

(a)

Crosscut Budget

The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing—

(1)

an interagency crosscut budget that displays—

(A)

the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities;

(B)

to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year;

(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 information is available, for State restoration activities during the equivalent time period described 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 restoration 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 preceding fiscal years; and

(4)

a description of each of the proposed Federal 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;

(B)

current status of the project;

(C)

Federal or State statutory or regulatory authority, programs, or responsible agencies;

(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 funding amounts greater than or equal to $100,000; and

(2)

for State restoration activities, have funding amounts greater than or equal to $50,000.

(c)

Deadline

The Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President’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 Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate.

(e)

Effective Date

This section shall apply beginning with the first fiscal year after the date of enactment of this Act for which the President submits a budget to Congress.

9002.

Adaptive Management Plan

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for restoration activities that includes—

(1)

definition of specific and measurable objectives to improve water quality;

(2)

a process for stakeholder participation;

(3)

monitoring, modeling, experimentation, and other research and evaluation practices;

(4)

a process for modification of restoration activities 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 activities and programs to which adaptive management shall be applied.

(b)

Implementation

The Administrator shall implement 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 implementation 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 project level changes implemented through the process 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.

9003.

Definitions

In this title, the following definitions apply:

(1)

Adaptive Management

The term adaptive management means a management technique 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 activities that are based on scientific findings and the needs of society. Results are used to modify management policy, strategies, practices, programs, and restoration activities.

(2)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(3)

Chesapeake Bay State

The term Chesapeake Bay State or State means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia and Pennsylvania, and the District of Columbia.

(4)

Chesapeake Bay Watershed

The term Chesapeake Bay watershed means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior, consisting of 36 tributary basins, within the Chesapeake Bay States, through which precipitation drains into the Chesapeake Bay.

(5)

Chief Executive

The term chief executive means, in the case of a State or Commonwealth, the Governor of each such State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia.

(6)

Director

The term Director means the Director of the Office of Management and Budget.

(7)

Restoration Activities

The term restoration activities means any Federal or State programs or projects that directly or indirectly protect, conserve, or restore water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. Restoration activities may be categorized as follows:

(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.

Lorraine C. Miller,

Clerk.