[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1144 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
1st Session
H. R. 1144
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2021
Received; read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
AN ACT
To amend the Federal Water Pollution Control Act to provide assistance
for programs and activities to protect the water quality of the Puget
Sound, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting United Government Efforts
to Save Our Sound Act'' or the ``PUGET SOS Act''.
SEC. 2. PUGET SOUND COORDINATED RECOVERY.
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:
``SEC. 124. PUGET SOUND.
``(a) Definitions.--In this section:
``(1) Coastal nonpoint pollution control program.--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.
``(2) Director.--The term `Director' means the Director of
the Program Office.
``(3) Federal action plan.--The term `Federal Action Plan'
means the plan developed under subsection (c)(3)(B).
``(4) International joint commission.--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).
``(5) Pacific salmon commission.--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').
``(6) Program office.--The term `Program Office' means the
Puget Sound Recovery National Program Office established by
subsection (b).
``(7) Puget sound action agenda; action agenda.--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.
``(8) Puget sound federal leadership task force.--The term
`Puget Sound Federal Leadership Task Force' means the Puget
Sound Federal Leadership Task Force established under
subsection (c).
``(9) Puget sound federal task force.--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.
``(10) Puget sound national estuary program management
conference.--The term `Puget Sound National Estuary Program
Management Conference' means the management conference for the
Puget Sound convened pursuant to section 320.
``(11) Puget sound partnership.--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.
``(12) Puget sound region.--
``(A) In general.--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.
``(B) Inclusion.--The term `Puget Sound region'
includes all watersheds that drain into the Puget
Sound.
``(13) Puget sound tribal management conference.--The term
`Puget Sound Tribal Management Conference' means the 20 treaty
Indian tribes of western Washington and the Northwest Indian
Fisheries Commission.
``(14) Salish sea.--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.
``(15) Salmon recovery plans.--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.
``(16) State advisory committee.--The term `State Advisory
Committee' means the advisory committee established by
subsection (d).
``(17) Treaty rights at risk initiative.--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.
``(b) Puget Sound Recovery National Program Office.--
``(1) Establishment.--There is established in the
Environmental Protection Agency a Puget Sound Recovery National
Program Office, to be located in the State of Washington.
``(2) Director.--
``(A) In general.--There shall be a Director of the
Program Office, who shall have leadership and project
management experience and shall be highly qualified
to--
``(i) direct the integration of multiple
project planning efforts and programs from
different agencies and jurisdictions; and
``(ii) align numerous, and possibly
competing, priorities to accomplish visible and
measurable outcomes under the Action Agenda.
``(B) Position.--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.
``(3) Delegation of authority; staffing.--Using amounts
made available pursuant to subsection (h), the Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(4) Duties.--The Director shall--
``(A) 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;
``(B) coordinate activities related to the
restoration and protection of the Puget Sound across
the Environmental Protection Agency;
``(C) 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;
``(D) promote the efficient use of Environmental
Protection Agency resources in pursuit of the
restoration and protection of the Puget Sound;
``(E) 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;
``(F) 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;
``(G) track the progress of the Environmental
Protection Agency towards meeting the agency's
specified objectives and priorities within the Action
Agenda and the Federal Action Plan;
``(H) 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;
``(I) 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
``(J) carry out such additional duties as the
Director determines necessary and appropriate.
``(c) Puget Sound Federal Leadership Task Force.--
``(1) Establishment.--There is established a Puget Sound
Federal Leadership Task Force.
``(2) Membership.--
``(A) Composition.--The Puget Sound Federal
Leadership Task Force shall be composed of the
following members:
``(i) The following individuals appointed
by the Secretary of Agriculture:
``(I) A representative of the
National Forest Service.
``(II) A representative of the
Natural Resources Conservation Service.
``(ii) A representative of the National
Oceanic and Atmospheric Administration
appointed by the Secretary of Commerce.
``(iii) The following individuals appointed
by the Secretary of Defense:
``(I) A representative of the Corps
of Engineers.
``(II) A representative of the
Joint Base Lewis-McChord.
``(III) A representative of the
Commander, Navy Region Northwest.
``(iv) The Director of the Program Office.
``(v) The following individuals appointed
by the Secretary of Homeland Security:
``(I) A representative of the Coast
Guard.
``(II) A representative of the
Federal Emergency Management Agency.
``(vi) The following individuals appointed
by the Secretary of the Interior:
``(I) A representative of the
Bureau of Indian Affairs.
``(II) A representative of the
United States Fish and Wildlife
Service.
``(III) A representative of the
United States Geological Survey.
``(IV) A representative of the
National Park Service.
``(vii) The following individuals appointed
by the Secretary of Transportation:
``(I) A representative of the
Federal Highway Administration.
``(II) A representative of the
Federal Transit Administration.
``(viii) Representatives of such other
Federal agencies, programs, and initiatives as
the other members of the Puget Sound Federal
Leadership Task Force determines necessary.
``(B) Qualifications.--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.
``(C) Co-chairs.--
``(i) In general.--The following members of
the Puget Sound Federal Leadership Task Force
shall serve as Co-Chairs of the Puget Sound
Federal Leadership Task Force:
``(I) The representative of the
National Oceanic and Atmospheric
Administration.
``(II) The Director of the Program
Office.
``(III) The representative of the
Corps of Engineers.
``(ii) Leadership.--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.
``(3) Duties.--
``(A) General duties.--The Puget Sound Federal
Leadership Task Force shall--
``(i) 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;
``(ii) 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--
``(I) 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;
``(II) facilitating the
coordination of Federal activities that
impact such restoration and protection;
``(III) facilitating the delivery
of feedback given by such agencies to
the Puget Sound Partnership during the
development of the Action Agenda;
``(IV) facilitating the resolution
of interagency conflicts associated
with such restoration and protection
among such agencies;
``(V) providing a forum for
exchanging information among such
agencies regarding activities being
conducted, including obstacles or
efficiencies found, during restoration
and protection activities; and
``(VI) 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;
``(iii) catalyze public leaders at all
levels to work together toward shared goals by
demonstrating interagency best practices coming
from such agencies;
``(iv) provide advice and support on
scientific and technical issues and act as a
forum for the exchange of scientific
information about the Puget Sound;
``(v) 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;
``(vi) 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;
``(vii) ensure that Puget Sound restoration
and protection activities are consistent with
national security interests;
``(viii) 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
``(ix) raise national awareness of the
significance of the Puget Sound.
``(B) Puget sound federal action plan.--
``(i) In general.--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.
``(ii) Revision of puget sound federal
action plan.--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.
``(C) Feedback by federal agencies.--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--
``(i) 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;
``(ii) 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;
``(iii) prevent the introduction and spread
of invasive species;
``(iv) protect marine and wildlife
habitats;
``(v) protect, restore, and conserve
forests, wetlands, riparian zones, and
nearshore waters;
``(vi) promote resilience to climate change
and ocean acidification effects;
``(vii) restore fisheries so that they are
sustainable and productive;
``(viii) preserve biodiversity;
``(ix) restore and protect ecosystem
services that provide clean water, filter toxic
chemicals, and increase ecosystem resilience;
and
``(x) 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.
``(4) Participation of state advisory committee and puget
sound tribal management conference.--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.
``(5) Meetings.--
``(A) Initial meeting.--The Puget Sound Federal
Leadership Task Force shall meet not later than 180
days after the date of enactment of this section--
``(i) to determine if all Federal agencies
are properly represented;
``(ii) to establish the bylaws of the Puget
Sound Federal Leadership Task Force;
``(iii) to establish necessary working
groups or committees; and
``(iv) to determine subsequent meeting
times, dates, and logistics.
``(B) Subsequent meetings.--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.
``(C) Working group meetings.--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).
``(D) Joint meetings.--The Puget Sound Federal
Leadership Task Force--
``(i) 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
``(ii) may consider such a joint meeting to
be a biannual meeting of the Puget Sound
Federal Leadership Task Force for purposes of
subparagraph (B).
``(E) Quorum.--A simple majority of the members of
the Puget Sound Federal Leadership Task Force shall
constitute a quorum.
``(F) Voting.--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.
``(6) Puget sound federal leadership task force procedures
and advice.--
``(A) Advisors.--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.
``(B) Compensation.--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.
``(C) Travel expenses.--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.
``(7) Puget sound federal task force.--
``(A) In general.--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.
``(B) Use of previous work.--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.
``(d) State Advisory Committee.--
``(1) Establishment.--There is established a State Advisory
Committee.
``(2) Membership.--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.
``(e) Federal Advisory Committee Act.--The Puget Sound Federal
Leadership Task Force, State Advisory Committee, and any working group
or committee of the Puget Sound Federal Leadership Task Force, shall
not be considered an advisory committee under the Federal Advisory
Committee Act (5 U.S.C. App.).
``(f) Puget Sound Federal Leadership Task Force Biennial Report on
Puget Sound Restoration and Protection Activities.--
``(1) In general.--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.
``(2) Contents.--The report submitted under paragraph (1)
shall include a description of the following:
``(A) 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.
``(B) 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.
``(C) 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.
``(D) A summary of progress made by Federal
agencies toward the priorities identified in the
Federal Action Plan.
``(g) Crosscut Budget Report.--
``(1) Financial report.--As soon as practicable, but not
later than 2 years after the date of enactment of this section,
and every 5 years thereafter, the Director of the Office of
Management and Budget, in consultation with the Puget Sound
Federal Leadership Task Force, shall, in conjunction with the
annual budget submission of the President to Congress for the
year under section 1105(a) of title 31, United States Code,
submit to Congress and make available to the public, including
on the internet, a financial report that is certified by the
head of each agency represented by a member of the Puget Sound
Federal Leadership Task Force.
``(2) Contents.--The report shall contain an interagency
crosscut budget relating to Puget Sound restoration and
protection activities that displays--
``(A) the proposed funding for any Federal
restoration and protection 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 and
protection activities;
``(B) the estimated expenditures for Federal
restoration and protection activities from the
preceding 2 fiscal years, the current fiscal year, and
the succeeding fiscal year; and
``(C) the estimated expenditures for Federal
environmental research and monitoring programs from the
preceding 2 fiscal years, the current fiscal year, and
the succeeding fiscal year.
``(3) Included recovery activities.--With respect to
activities described in the report, the report shall only
describe activities that have a total Federal cost of more than
$100,000.
``(h) Authorization of Appropriations.--In addition to any other
funds authorized to be appropriated for activities related to the Puget
Sound, there is authorized to be appropriated to carry out this section
$50,000,000 for each of fiscal years 2022 through 2026.
``(i) Tribal Rights and Consultation.--
``(1) Preservation of tribal treaty rights.--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.
``(2) Consultation.--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.
``(j) Consistency.--
``(1) In general.--Actions authorized or implemented under
this section shall be consistent with--
``(A) the Salmon Recovery Plans;
``(B) the Coastal Nonpoint Pollution Control
Program; and
``(C) the water quality standards of the State of
Washington approved by the Administrator under section
303.
``(2) Federal actions.--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--
``(A) 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;
``(B) interpreting and enforcing regulations that
impact the restoration and protection of the Puget
Sound;
``(C) issuing Federal licenses or permits that
impact the restoration and protection of the Puget
Sound; and
``(D) granting Federal assistance to State, local,
and Tribal governments for activities related to the
restoration and protection of the Puget Sound.''.
Passed the House of Representatives June 15, 2021.
Attest:
CHERYL L. JOHNSON,
Clerk.