PUGET SOS Act

IIB 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 pro- vide 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 1144 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Promoting United Gov- 2 ernment Efforts to Save Our Sound Act’’ or the ‘‘PUGET 3 SOS Act’’. 4 SEC. 2. PUGET SOUND COORDINATED RECOVERY. 5 Title I of the Federal Water Pollution Control Act 6 (33 U.S.C. 1251 et seq.) is amended by adding at the end 7 the following: 8 ‘‘SEC. 124. PUGET SOUND. 9 ‘‘(a) DEFINITIONS.—In this section: 10 ‘‘(1) COASTAL NONPOINT POLLUTION CONTROL 11 PROGRAM.—The term ‘Coastal Nonpoint Pollution 12 Control Program’ means the State of Washington’s 13 Coastal Nonpoint Pollution Control Program ap- 14 proved under section 6217 of the Coastal Zone Act 15 Reauthorization Amendments of 1990. 16 ‘‘(2) DIRECTOR.—The term ‘Director’ means 17 the Director of the Program Office. 18 ‘‘(3) FEDERAL ACTION PLAN.—The term ‘Fed- 19 eral Action Plan’ means the plan developed under 20 subsection (c)(3)(B). 21 ‘‘(4) INTERNATIONAL JOINT COMMISSION.—The 22 term ‘International Joint Commission’ means the 23 International Joint Commission established by the 24 Treaty relating to the boundary waters and ques- 25 tions arising along the boundary between the United 26 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 1144 RFS States and Canada, signed at Washington January 1 11, 1909, and entered into force May 5, 1910 (36 2 Stat. 2448; TS 548; 12 Bevans 319). 3 ‘‘(5) PACIFIC SALMON COMMISSION.—The term 4 ‘Pacific Salmon Commission’ means the Pacific 5 Salmon Commission established by the United 6 States and Canada under the Treaty concerning Pa- 7 cific salmon, with annexes and memorandum of un- 8 derstanding, signed at Ottawa January 28, 1985, 9 and entered into force March 18, 1985 (TIAS 10 11091; 1469 UNTS 357) (commonly known as the 11 ‘Pacific Salmon Treaty’). 12 ‘‘(6) PROGRAM OFFICE.—The term ‘Program 13 Office’ means the Puget Sound Recovery National 14 Program Office established by subsection (b). 15 ‘‘(7) PUGET SOUND ACTION AGENDA; ACTION 16 AGENDA.—The term ‘Puget Sound Action Agenda’ 17 or ‘Action Agenda’ means the most recent plan de- 18 veloped by the Puget Sound National Estuary Pro- 19 gram Management Conference, in consultation with 20 the Puget Sound Tribal Management Conference, 21 and approved by the Administrator as the com- 22 prehensive conservation and management plan for 23 the Puget Sound under section 320. 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 1144 RFS ‘‘(8) PUGET SOUND FEDERAL LEADERSHIP 1 TASK FORCE.—The term ‘Puget Sound Federal 2 Leadership Task Force’ means the Puget Sound 3 Federal Leadership Task Force established under 4 subsection (c). 5 ‘‘(9) PUGET SOUND FEDERAL TASK FORCE.— 6 The term ‘Puget Sound Federal Task Force’ means 7 the Puget Sound Federal Task Force established in 8 2016 under a memorandum of understanding among 9 9 Federal agencies. 10 ‘‘(10) PUGET SOUND NATIONAL ESTUARY PRO- 11 GRAM MANAGEMENT CONFERENCE.—The term 12 ‘Puget Sound National Estuary Program Manage- 13 ment Conference’ means the management conference 14 for the Puget Sound convened pursuant to section 15 320. 16 ‘‘(11) PUGET SOUND PARTNERSHIP.—The term 17 ‘Puget Sound Partnership’ means the State agency 18 created under the laws of the State of Washington 19 (section 90.71.210 of the Revised Code of Wash- 20 ington), or its successor agency that has been des- 21 ignated by the Administrator as the lead entity to 22 support the Puget Sound National Estuary Program 23 Management Conference. 24 ‘‘(12) PUGET SOUND REGION.— 25 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 1144 RFS ‘‘(A) IN GENERAL.—The term ‘Puget 1 Sound region’ means the land and waters in the 2 northwest corner of the State of Washington 3 from the Canadian border to the north to the 4 Pacific Ocean on the west, including Hood 5 Canal and the Strait of Juan de Fuca. 6 ‘‘(B) INCLUSION.—The term ‘Puget Sound 7 region’ includes all watersheds that drain into 8 the Puget Sound. 9 ‘‘(13) PUGET SOUND TRIBAL MANAGEMENT 10 CONFERENCE.—The term ‘Puget Sound Tribal Man- 11 agement Conference’ means the 20 treaty Indian 12 tribes of western Washington and the Northwest In- 13 dian Fisheries Commission. 14 ‘‘(14) SALISH SEA.—The term ‘Salish Sea’ 15 means the network of coastal waterways on the west 16 coast of North America that includes the Puget 17 Sound, the Strait of Georgia, and the Strait of Juan 18 de Fuca. 19 ‘‘(15) SALMON RECOVERY PLANS.—The term 20 ‘Salmon Recovery Plans’ means the recovery plans 21 for salmon and steelhead species approved by the 22 Secretary of the Interior under section 4(f) of the 23 Endangered Species Act of 1973 that are applicable 24 to the Puget Sound region. 25 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 1144 RFS ‘‘(16) STATE ADVISORY COMMITTEE.—The 1 term ‘State Advisory Committee’ means the advisory 2 committee established by subsection (d). 3 ‘‘(17) TREATY RIGHTS AT RISK INITIATIVE.— 4 The term ‘Treaty Rights at Risk Initiative’ means 5 the report from the treaty Indian tribes of western 6 Washington entitled ‘Treaty Rights At Risk: Ongo- 7 ing Habitat Loss, the Decline of the Salmon Re- 8 source, and Recommendations for Change’ and 9 dated July 14, 2011, or its successor report that 10 outlines issues and offers solutions for the protection 11 of Tribal treaty rights, recovery of salmon habitat, 12 and management of sustainable treaty and nontreaty 13 salmon fisheries, including through Tribal salmon 14 hatchery programs. 15 ‘‘(b) PUGET SOUND RECOVERY NATIONAL PROGRAM 16 OFFICE.— 17 ‘‘(1) ESTABLISHMENT.—There is established in 18 the Environmental Protection Agency a Puget 19 Sound Recovery National Program Office, to be lo- 20 cated in the State of Washington. 21 ‘‘(2) DIRECTOR.— 22 ‘‘(A) IN GENERAL.—There shall be a Di- 23 rector of the Program Office, who shall have 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 1144 RFS leadership and project management experience 1 and shall be highly qualified to— 2 ‘‘(i) direct the integration of multiple 3 project planning efforts and programs 4 from different agencies and jurisdictions; 5 and 6 ‘‘(ii) align numerous, and possibly 7 competing, priorities to accomplish visible 8 and measurable outcomes under the Action 9 Agenda. 10 ‘‘(B) POSITION.—The position of Director 11 of the Program Office shall be a career reserved 12 position, as such term is defined in section 13 3132 of title 5, United States Code. 14 ‘‘(3) DELEGATION OF AUTHORITY; STAFFING.— 15 Using amounts made available pursuant to sub- 16 section (h), the Administrator shall delegate to the 17 Director such authority and provide such staff as 18 may be necessary to carry out this section. 19 ‘‘(4) DUTIES.—The Director shall— 20 ‘‘(A) coordinate and manage the timely 21 execution of the requirements of this section, 22 including the formation and meetings of the 23 Puget Sound Federal Leadership Task Force; 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 1144 RFS ‘‘(B) coordinate activities related to the 1 restoration and protection of the Puget Sound 2 across the Environmental Protection Agency; 3 ‘‘(C) coordinate and align the activities of 4 the Administrator with the Action Agenda, 5 Salmon Recovery Plans, the Treaty Rights at 6 Risk Initiative, and the Coastal Nonpoint Pollu- 7 tion Control Program; 8 ‘‘(D) promote the efficient use of Environ- 9 mental Protection Agency resources in pursuit 10 of the restoration and protection of the Puget 11 Sound; 12 ‘‘(E) serve on the Puget Sound Federal 13 Leadership Task Force and collaborate with, 14 help coordinate, and implement activities with 15 other Federal agencies that have responsibilities 16 involving the restoration and protection of the 17 Puget Sound; 18 ‘‘(F) provide or procure such other advice, 19 technical assistance, research, assessments, 20 monitoring, or other support as is determined 21 by the Director to be necessary or prudent to 22 most efficiently and effectively fulfill the objec- 23 tives and priorities of the Action Agenda, the 24 Salmon Recovery Plans, the Treaty Rights at 25 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 1144 RFS Risk Initiative, and the Coastal Nonpoint Pollu- 1 tion Control Program, consistent with the best 2 available science, to ensure the health of the 3 Puget Sound ecosystem; 4 ‘‘(G) track the progress of the Environ- 5 mental Protection Agency towards meeting the 6 agency’s specified objectives and priorities with- 7 in the Action Agenda and the Federal Action 8 Plan; 9 ‘‘(H) implement the recommendations of 10 the Comptroller General set forth in the report 11 entitled ‘Puget Sound Restoration: Additional 12 Actions Could Improve Assessments of 13 Progress’ and dated July 19, 2018; 14 ‘‘(I) serve as liaison and coordinate activi- 15 ties for the restoration and protection of the 16 Salish Sea with Canadian authorities, the Pa- 17 cific Salmon Commission, and the International 18 Joint Commission; and 19 ‘‘(J) carry out such additional duties as 20 the Director determines necessary and appro- 21 priate. 22 ‘‘(c) PUGET SOUND FEDERAL LEADERSHIP TASK 23 FORCE.— 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 1144 RFS ‘‘(1) ESTABLISHMENT.—There is established a 1 Puget Sound Federal Leadership Task Force. 2 ‘‘(2) MEMBERSHIP.— 3 ‘‘(A) COMPOSITION.—The Puget Sound 4 Federal Leadership Task Force shall be com- 5 posed of the following members: 6 ‘‘(i) The following individuals ap- 7 pointed by the Secretary of Agriculture: 8 ‘‘(I) A representative of the Na- 9 tional Forest Service. 10 ‘‘(II) A representative of the 11 Natural Resources Conservation Serv- 12 ice. 13 ‘‘(ii) A representative of the National 14 Oceanic and Atmospheric Administration 15 appointed by the Secretary of Commerce. 16 ‘‘(iii) The following individuals ap- 17 pointed by the Secretary of Defense: 18 ‘‘(I) A representative of the 19 Corps of Engineers. 20 ‘‘(II) A representative of the 21 Joint Base Lewis-McChord. 22 ‘‘(III) A representative of the 23 Commander, Navy Region Northwest. 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 11 HR 1144 RFS ‘‘(iv) The Director of the Program Of- 1 fice. 2 ‘‘(v) The following individuals ap- 3 pointed by the Secretary of Homeland Se- 4 curity: 5 ‘‘(I) A representative of the 6 Coast Guard. 7 ‘‘(II) A representative of the 8 Federal Emergency Management 9 Agency. 10 ‘‘(vi) The following individuals ap- 11 pointed by the Secretary of the Interior: 12 ‘‘(I) A representative of the Bu- 13 reau of Indian Affairs. 14 ‘‘(II) A representative of the 15 United States Fish and Wildlife Serv- 16 ice. 17 ‘‘(III) A representative of the 18 United States Geological Survey. 19 ‘‘(IV) A representative of the Na- 20 tional Park Service. 21 ‘‘(vii) The following individuals ap- 22 pointed by the Secretary of Transpor- 23 tation: 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 12 HR 1144 RFS ‘‘(I) A representative of the Fed- 1 eral Highway Administration. 2 ‘‘(II) A representative of the 3 Federal Transit Administration. 4 ‘‘(viii) Representatives of such other 5 Federal agencies, programs, and initiatives 6 as the other members of the Puget Sound 7 Federal Leadership Task Force determines 8 necessary. 9 ‘‘(B) QUALIFICATIONS.—Members ap- 10 pointed under this paragraph shall have experi- 11 ence and expertise in matters of restoration and 12 protection of large watersheds and bodies of 13 water, or related experience that will benefit the 14 restoration and protection of the Puget Sound. 15 ‘‘(C) CO-CHAIRS.— 16 ‘‘(i) IN GENERAL.—The following 17 members of the Puget Sound Federal 18 Leadership Task Force shall serve as Co- 19 Chairs of the Puget Sound Federal Lead- 20 ership Task Force: 21 ‘‘(I) The representative of the 22 National Oceanic and Atmospheric 23 Administration. 24 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 13 HR 1144 RFS ‘‘(II) The Director of the Pro- 1 gram Office. 2 ‘‘(III) The representative of the 3 Corps of Engineers. 4 ‘‘(ii) LEADERSHIP.—The Co-Chairs 5 shall ensure the Puget Sound Federal 6 Leadership Task Force completes its du- 7 ties through robust discussion of all rel- 8 evant issues. The Co-Chairs shall share 9 leadership responsibilities equally. 10 ‘‘(3) DUTIES.— 11 ‘‘(A) GENERAL DUTIES.—The Puget 12 Sound Federal Leadership Task Force shall— 13 ‘‘(i) uphold Federal trust responsibil- 14 ities to restore and protect resources cru- 15 cial to Tribal treaty rights, including by 16 carrying out government-to-government 17 consultation with Indian tribes when re- 18 quested by such tribes; 19 ‘‘(ii) provide a venue for dialogue and 20 coordination across all Federal agencies 21 represented by a member of the Puget 22 Sound Federal Leadership Task Force to 23 align Federal resources for the purposes of 24 carrying out the requirements of this sec- 25 VerDate Sep 11 2014 01:19 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1144.RFS H1144 pbinns on DSKJLVW7X2PROD with BILLS 14 HR 1144 RFS tion and all other Federal laws that con- 1 tribute [Text truncated for display. Full text available on Congress.gov.]