Sec. 8501. Regional water programs
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Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is amended by adding at the end the following: In this section: The term Estuary Partnership means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320. The term San Francisco Bay Plan means— until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d).
The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan.
The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e). The annual priority list compiled under paragraph
(1)shall include the following: Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for— water quality improvement, including the reduction of marine litter; wetland, riverine, and estuary restoration and protection; nearshore and endangered species recovery; and adaptation to climate change. Information on the projects, activities, and studies specified under subparagraph (A), including— the identity of each entity receiving assistance pursuant to subsection (e); and a description of the communities to be served. The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of— the Estuary Partnership; the State of California and affected local governments in the San Francisco Bay estuary watershed; the San Francisco Bay Restoration Authority; and any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay. Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section. No amounts made available under this section may be used for the administration of a management conference under section 320. . Title I of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) is further amended by adding at the end the following: In this section: The term Coastal Nonpoint Pollution Control Program means the State of Washington’s Coastal Nonpoint Pollution Control Program approved under section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. The term Director means the Director of the Program Office. The term Federal Action Plan means the plan developed under subsection (c)(3)(B). The term International Joint Commission means the International Joint Commission established by the Treaty relating to the boundary waters and questions arising along the boundary between the United States and Canada, signed at Washington January 11, 1909, and entered into force May 5, 1910 (36 Stat. 2448; TS 548; 12 Bevans 319). The term Pacific Salmon Commission means the Pacific Salmon Commission established by the United States and Canada under the Treaty concerning Pacific salmon, with annexes and memorandum of understanding, signed at Ottawa January 28, 1985, and entered into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the Pacific Salmon Treaty ). The term Program Office means the Puget Sound Recovery National Program Office established by subsection (b). The term Puget Sound Action Agenda or Action Agenda means the most recent plan developed by the Puget Sound National Estuary Program Management Conference, in consultation with the Puget Sound Tribal Management Conference, and approved by the Administrator as the comprehensive conservation and management plan for the Puget Sound under section 320. The term Puget Sound Federal Leadership Task Force means the Puget Sound Federal Leadership Task Force established under subsection (c). The term Puget Sound Federal Task Force means the Puget Sound Federal Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies. The term Puget Sound National Estuary Program Management Conference means the management conference for the Puget Sound convened pursuant to section 320. The term Puget Sound Partnership means the State agency created under the laws of the State of Washington (section 90.71.210 of the Revised Code of Washington), or its successor agency that has been designated by the Administrator as the lead entity to support the Puget Sound National Estuary Program Management Conference. The term Puget Sound region means the land and waters in the northwest corner of the State of Washington from the Canadian border to the north to the Pacific Ocean on the west, including Hood Canal and the Strait of Juan de Fuca. The term Puget Sound region includes all watersheds that drain into the Puget Sound. The term Puget Sound Tribal Management Conference means the 20 treaty Indian tribes of western Washington and the Northwest Indian Fisheries Commission. The term Salish Sea means the network of coastal waterways on the west coast of North America that includes the Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca. The term Salmon Recovery Plans means the recovery plans for salmon and steelhead species approved by the Secretary of the Interior under section 4(f) of the Endangered Species Act of 1973 that are applicable to the Puget Sound region. The term State Advisory Committee means the advisory committee established by subsection (d). The term Treaty Rights at Risk Initiative means the report from the treaty Indian tribes of western Washington entitled Treaty Rights At Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, and Recommendations for Change and dated July 14, 2011, or its successor report that outlines issues and offers solutions for the protection of Tribal treaty rights, recovery of salmon habitat, and management of sustainable treaty and nontreaty salmon fisheries, including through Tribal salmon hatchery programs. There is established in the Environmental Protection Agency a Puget Sound Recovery National Program Office, to be located in the State of Washington. There shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to— direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda. The position of Director of the Program Office shall be a career reserved position, as such term is defined in section 3132 of title 5, United States Code. Using amounts made available to carry out this section, the Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. The Director shall— coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force; coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency; coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound; serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound; provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem; track the progress of the Environmental Protection Agency toward meeting the agency’s specified objectives and priorities within the Action Agenda and the Federal Action Plan; implement the recommendations of the Comptroller General set forth in the report entitled Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress and dated July 19, 2018; serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and carry out such additional duties as the Director determines necessary and appropriate. There is established a Puget Sound Federal Leadership Task Force. The Puget Sound Federal Leadership Task Force shall be composed of the following members: The following individuals appointed by the Secretary of Agriculture: A representative of the National Forest Service. A representative of the Natural Resources Conservation Service. A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce. The following individuals appointed by the Secretary of Defense: A representative of the Corps of Engineers. A representative of the Joint Base Lewis-McChord. A representative of the Commander, Navy Region Northwest. The Director of the Program Office. The following individuals appointed by the Secretary of Homeland Security: A representative of the Coast Guard. A representative of the Federal Emergency Management Agency. The following individuals appointed by the Secretary of the Interior: A representative of the Bureau of Indian Affairs. A representative of the United States Fish and Wildlife Service. A representative of the United States Geological Survey. A representative of the National Park Service. The following individuals appointed by the Secretary of Transportation: A representative of the Federal Highway Administration. A representative of the Federal Transit Administration. Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary. Members appointed under this paragraph shall have experience and expertise in matters of restoration and protection of large watersheds and bodies of water, or related experience that will benefit the restoration and protection of the Puget Sound. The following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force: The representative of the National Oceanic and Atmospheric Administration. The Director of the Program Office. The representative of the Corps of Engineers. The Co-Chairs shall ensure the Puget Sound Federal Leadership Task Force completes its duties through robust discussion of all relevant issues. The Co-Chairs shall share leadership responsibilities equally. The Puget Sound Federal Leadership Task Force shall— uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes; provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by— enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; facilitating the coordination of Federal activities that impact such restoration and protection; facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda; facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies; providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government; catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies; provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound; identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference; ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; ensure that Puget Sound restoration and protection activities are consistent with national security interests; establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and raise national awareness of the significance of the Puget Sound. Not later than 5 years after the date of enactment of this section, the Puget Sound Federal Leadership Task Force shall develop and approve a Federal Action Plan that leverages Federal programs across agencies and serves to coordinate diverse programs and priorities for the restoration and protection of the Puget Sound. Not less often than once every 5 years after the date of approval of the Federal Action Plan under clause (i), the Puget Sound Federal Leadership Task Force shall review, and revise as appropriate, the Federal Action Plan. In facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to— further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program; as applicable, implement and enforce this Act, the Endangered Species Act of 1973, and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including those that protect Tribal treaty rights; prevent the introduction and spread of invasive species; protect marine and wildlife habitats; protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters; promote resilience to climate change and ocean acidification effects; restore fisheries so that they are sustainable and productive; preserve biodiversity; restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter. The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Advisory Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on the actions, progress, and issues pertaining to the restoration and protection of the Puget Sound. The Puget Sound Federal Leadership Task Force shall meet not later than 180 days after the date of enactment of this section— to determine if all Federal agencies are properly represented; to establish the bylaws of the Puget Sound Federal Leadership Task Force; to establish necessary working groups or committees; and to determine subsequent meeting times, dates, and logistics. After the initial meeting, the Puget Sound Federal Leadership Task Force shall meet, at a minimum, twice per year to carry out the duties of the Puget Sound Federal Leadership Task Force. A meeting of any established working group or committee of the Puget Sound Federal Leadership Task Force shall not be considered a biannual meeting for purposes of subparagraph (B). The Puget Sound Federal Leadership Task Force— shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B). A simple majority of the members of the Puget Sound Federal Leadership Task Force shall constitute a quorum. For the Puget Sound Federal Leadership Task Force to take an official action, a quorum shall be present, and at least a two-thirds majority of the members present shall vote in the affirmative. The Puget Sound Federal Leadership Task Force may seek advice and input from any interested, knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties. A member of the Puget Sound Federal Leadership Task Force shall receive no additional compensation for service as a member on the Puget Sound Federal Leadership Task Force. Travel expenses incurred by a member of the Puget Sound Federal Leadership Task Force in the performance of service on the Puget Sound Federal Leadership Task Force may be paid by the agency that the member represents. On the date of enactment of this section, the 2016 memorandum of understanding establishing the Puget Sound Federal Task Force shall cease to be effective. The Puget Sound Federal Leadership Task Force shall, to the extent practicable, use the work product produced, relied upon, and analyzed by the Puget Sound Federal Task Force in order to avoid duplicating the efforts of the Puget Sound Federal Task Force. There is established a State Advisory Committee. The State Advisory Committee shall consist of up to seven members designated by the governing body of the Puget Sound Partnership, in consultation with the Governor of Washington, who will represent Washington State agencies that have significant roles and responsibilities related to the restoration and protection of the Puget Sound. Not later than 1 year after the date of enactment of this section, and biennially thereafter, the Puget Sound Federal Leadership Task Force, in collaboration with the Puget Sound Tribal Management Conference and the State Advisory Committee, shall submit to the President, Congress, the Governor of Washington, and the governing body of the Puget Sound Partnership a report that summarizes the progress, challenges, and milestones of the Puget Sound Federal Leadership Task Force relating to the restoration and protection of the Puget Sound. The report submitted under paragraph
(1)shall include a description of the following: The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program. If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program. A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines. A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan. Nothing in this section affects, or is intended to affect, any right reserved by treaty between the United States and one or more Indian tribes. Nothing in this section affects any authorization or obligation of a Federal agency to consult with an Indian tribe under any other provision of law. Actions authorized or implemented under this section shall be consistent with— the Salmon Recovery Plans; the Coastal Nonpoint Pollution Control Program; and the water quality standards of the State of Washington approved by the Administrator under section 303. All Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies’ existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when— conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency; interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound; issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound. . Section 121 of the Federal Water Pollution Control Act ( 33 U.S.C. 1273 ) is amended— in subsection (c)— in paragraph (5), by striking ; and and inserting a semicolon; in paragraph (6), by striking the period and inserting ; and ; and by adding at the end the following: ensure that the comprehensive conservation and management plan approved for the Basin under section 320 is reviewed and revised in accordance with section 320 not less often than once every 5 years, beginning on the date of enactment of this paragraph. ; and in subsection (d), by striking recommended by a management conference convened for the Basin under section 320 and inserting identified in the comprehensive conservation and management plan approved for the Basin under section 320 . Section 121(e)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1273(e)(1) ) is amended by striking , a 5,000 square mile and inserting , a 10,000 square mile . Section 121(f) of the Federal Water Pollution Control Act ( 33 U.S.C. 1273(f) ) is amended by adding at the end the following: Not more than 5 percent of the amounts appropriated to carry out this section may be used for administrative expenses. .
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- 36 Stat. 2448
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