Sec. 20001 Short title
This division may be cited as the “Water Infrastructure Investment, Job Creation, and Economic Stability Act”.
Division F — Investment in Water Resources and Water-Related Infrastructure
F Investment in Water Resources and Water-Related Infrastructure
I Critical Water Resources Investments
Sec. 21001 Use of Harbor Maintenance Trust Fund to support navigation
Section 210 of the Water Resources Development Act of 1986 (33 U.S.C. 2238) is amended—
in the section heading, by striking “Authorization of appropriations” and inserting “Funding for navigation”; and
by adding at the end the following:
“(g) Adjustments to discretionary spending limits—Amounts made available from the Harbor Maintenance Trust Fund under this section or section 9505 of the Internal Revenue Code of 1986 shall be made available in accordance with section 14003 of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).”
Sec. 21002 Annual report to Congress
Section 330 of the Water Resources Development Act of 1992 (26 U.S.C. 9505 note; 106 Stat. 4851) is amended—
in subsection (a)—
by striking “and annually thereafter,” and inserting “and annually thereafter concurrent with the submission of the President’s annual budget request to Congress,”; and
by striking “Public Works and Transportation” and inserting “Transportation and Infrastructure”; and
in subsection (b)(1) by adding at the end the following:
“(D) A description of the expected expenditures from the trust fund to meet the needs of navigation for the fiscal year of the budget request.”
Sec. 21003 Harbor Maintenance Trust Fund discretionary spending limit adjustment
In general— Section 14003 of division B of the CARES Act (Public Law 116–136) is amended to read as follows:
“14003.
“Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following:”
Effective date— The amendment made by subsection (a) shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).
Sec. 21004 Appropriations for Construction, Inland Waterways, Operation and Maintenance
The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely:
For an additional amount for “Corps of Engineers—Civil—Department of the Army—Construction”, $10,000,000,000, to remain available until expended: Provided, That not more than $3,000,000,000 shall be available for costs of construction, replacement, rehabilitation, and expansion of inland waterways projects, with one-half of such costs paid from the Inland Waterways Trust Fund and one-half from the general fund of the Treasury; Provided further, That not less than $500,000,000 shall be available for water-related environmental infrastructure assistance.
For an additional amount for “Corps of Engineers—Civil—Department of the Army—Operation and Maintenance”, $5,000,000,000, to remain available until expended.
II Critical Clean Water Investments
A Water Quality Protection and Job Creation Act
Sec. 22101 Short title
This subtitle may be cited as the “Water Quality Protection and Job Creation Act of 2020”.
Sec. 22102 Wastewater infrastructure workforce investment
Section 104(g) of the Federal Water Pollution Control Act (33 U.S.C. 1254(g)) is amended—
in paragraph (1), by striking “manpower” each place it appears and inserting “workforce”; and
by amending paragraph (4) to read as follows:
“(4) Report to Congress on publicly owned treatment works workforce development—Not later than 2 years after the date of enactment of the Water Quality Protection and Job Creation Act of 2020, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing—
“(A) an assessment of the current and future workforce needs for publicly owned treatment works, including an estimate of the number of future positions needed for such treatment works and the technical skills and education needed for such positions;
“(B) a summary of actions taken by the Administrator, including Federal investments under this chapter, that promote workforce development to address such needs; and
“(C) any recommendations of the Administrator to address such needs.”
Sec. 22103 State management assistance
Authorization of appropriations— Section 106(a) of the Federal Water Pollution Control Act (33 U.S.C. 1256(a)) is amended—
by striking “and” at the end of paragraph (1); and
by inserting after paragraph (2) the following:
“(3) such sums as may be necessary for each of fiscal years 1991 through 2020;
“(4) $300,000,000 for fiscal year 2021;
“(5) $300,000,000 for fiscal year 2022;
“(6) $300,000,000 for fiscal year 2023;
“(7) $300,000,000 for fiscal year 2024; and
“(8) $300,000,000 for fiscal year 2025;”
Technical amendment— Section 106(e) of the Federal Water Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking “Beginning in fiscal year 1974 the” and inserting “The”.
Sec. 22104 Watershed, wet weather, and resiliency projects
Increased resilience of treatment works— Section 122(a)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is amended to read as follows:
“(6) Increased resilience of treatment works—Efforts—
“(A) to assess future risks and vulnerabilities of publicly owned treatment works to manmade or natural disasters, including extreme weather events and sea level rise; and
“(B) to carry out the planning, designing, or constructing of projects, on a systemwide or areawide basis, to increase the resilience of publicly owned treatment works through—
“(i) the conservation of water or the enhancement of water use efficiency;
“(ii) the enhancement of wastewater (including stormwater) management by increasing watershed preservation and protection, including through—
“(I) the use of green infrastructure; or
“(II) the reclamation and reuse of wastewater (including stormwater), such as through aquifer recharge zones;
“(iii) the modification or relocation of an existing publicly owned treatment works at risk of being significantly impaired or damaged by a manmade or natural disaster; or
“(iv) the enhancement of energy efficiency, or the use or generation of recovered or renewable energy, in the management, treatment, or conveyance of wastewater (including stormwater).”
Requirements; authorization of appropriations— Section 122 of the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by striking subsection (c) and inserting the following:
“(c) Requirements—The requirements of section 608 shall apply to any construction, alteration, maintenance, or repair of treatment works receiving a grant under this section.
“(d) Assistance—The Administrator shall use not less than 15 percent of the amounts appropriated pursuant to this section in a fiscal year to provide assistance to municipalities with a population of less than 10,000, to the extent there are sufficient eligible applications.
“(e) Authorization of appropriations—There is authorized to be appropriated to carry out this section $1,000,000,000, to remain available until expended.”
Technical and conforming amendments—
Watershed pilot projects— Section 122 of the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended—
in the section heading, by striking “Watershed pilot projects” and inserting “Watershed, wet weather, and resiliency projects”; and
by striking “pilot” each place it appears.
Water pollution control revolving loan funds— Section 603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)(7)) is amended by striking “watershed”.
Sec. 22105 Pilot program for alternative water source projects
Selection of projects— Section 220(d) of the Federal Water Pollution Control Act (33 U.S.C. 1300(d)) is amended—
by amending paragraph (1) to read as follows:
“(1) Limitation on eligibility—A project that has received construction funds under the Reclamation Projects Authorization and Adjustment Act of 1992 shall not be eligible for grant assistance under this section.”
by striking paragraph (2) and redesignating paragraph (3) as paragraph (2).
Committee resolution procedure; assistance— Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by striking subsection (e) and inserting the following:
“(e) Assistance—The Administrator shall use not less than 15 percent of the amounts appropriated pursuant to this section in a fiscal year to provide assistance to eligible entities for projects designed to serve fewer than 10,000 individuals, to the extent there are sufficient eligible applications.”
Cost sharing— Section 220(g) of the Federal Water Pollution Control Act (33 U.S.C. 1300(g)) is amended—
by striking “The Federal share” and inserting the following:
“(1) In general—Except as provided in paragraph (2), the Federal share”
by adding at the end the following:
“(2) Reclamation and reuse projects—For an alternative water source project that has received funds under the Reclamation Projects Authorization and Adjustment Act of 1992 (other than funds referred to in subsection (d)(1)), the total Federal share of the costs of the project shall not exceed 25 percent or $20,000,000, whichever is less.”
Requirements— Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by redesignating subsections (i) and (j) as subsections (j) and (k), respectively, and inserting after subsection (h) the following:
“(i) Requirements—The requirements of section 608 shall apply to any construction of an alternative water source project carried out using assistance made available under this section.”
Definitions— Section 220(j)(1) of the Federal Water Pollution Control Act (as redesignated by subsection (d) of this section) is amended by striking “or wastewater or by treating wastewater” and inserting “, wastewater, or stormwater or by treating wastewater or stormwater”.
Authorization of appropriations— Section 220(k) of the Federal Water Pollution Control Act (as redesignated by subsection (d) of this section) is amended by striking “$75,000,000 for fiscal years 2002 through 2004” and inserting “$600,000,000”.
Sec. 22106 Sewer overflow and stormwater reuse municipal grants
Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended—
in subsection (c), by striking “subsection (b),” each place it appears and inserting “this section,”;
in subsection (d)—
by striking “The Federal share” and inserting the following:
“(1) Federal share
“(A) In general—Except as provided in subparagraph (B), the Federal share”
by striking “The non-Federal share” and inserting the following:
“(B) Financially distressed communities—The Federal share of the cost of activities carried out using amounts from a grant made to a financially distressed community under subsection (a) shall be not less than 75 percent of the cost.
“(2) Non-Federal share—The non-Federal share”
in subsection (e), by striking “section 513” and inserting “section 513, or the requirements of section 608,”; and
in subsection (f)—
in paragraph (1), by inserting “, and $400,000,000 for each of fiscal years 2021 through 2025” before the period at the end; and
by adding at the end the following:
“(3) Assistance—In carrying out subsection (a), the Administrator shall ensure that, of the amounts granted to municipalities in a State, not less than 20 percent is granted to municipalities with a population of less than 20,000, to the extent there are sufficient eligible applications.”
Sec. 22107 Reports to Congress
Section 516(b)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1375(b)(1)) is amended—
by striking “, of the cost of construction” and inserting “, of (i) the cost of construction”; and
by striking “each of the States;” and inserting “each of the States, and (ii) the costs to implement measures necessary to address the resilience and sustainability of publicly owned treatment works to manmade or natural disasters;”.
Sec. 22108 Indian Tribes
Section 518(c) of the Federal Water Pollution Control Act (33 U.S.C. 1377(c)) is amended—
by striking paragraphs (1) and (2) and inserting the following:
“(1) In general—For each fiscal year, the Administrator shall reserve, of the funds made available to carry out title VI (before allotments to the States under section 604(a)), the greater of—
“(A) 2 percent of such funds; or
“(B) $30,000,000.
“(2) Use of funds
“(A) Grants—Funds reserved under this subsection shall be available only for grants to entities described in paragraph (3) for—
“(i) projects and activities eligible for assistance under section 603(c); and
“(ii) training, technical assistance, and educational programs relating to the operation and management of treatment works eligible for assistance pursuant to section 603(c).
“(B) Limitation—Not more than $2,000,000 of the reserved funds may be used for grants under subparagraph (A)(ii).”
in paragraph (3)—
in the header, by striking “Use of funds” and inserting “Eligible entities”; and
by striking “for projects and activities eligible for assistance under section 603(c) to serve” and inserting “to”.
Sec. 22109 Capitalization grants
Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended—
in paragraph (13)(B)—
in the matter preceding clause (i), by striking “and energy conservation” and inserting “and efficient energy use (including through the implementation of technologies to recapture and reuse energy produced in the treatment of wastewater)”; and
in clause (iii), by striking “; and” and inserting a semicolon;
in paragraph (14), by striking the period at the end and inserting “; and” ; and
by adding at the end the following:
“(15) to the extent there are sufficient projects or activities eligible for assistance from the fund, with respect to funds for capitalization grants received by the State under this title and section 205(m), the State will use not less than 15 percent of such funds for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities.”
Sec. 22110 Water pollution control revolving loan funds
Section 603(i) of the Federal Water Pollution Control Act (33 U.S.C. 1383(i)) is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking “, including forgiveness of principal and negative interest loans” and inserting “(including in the form of forgiveness of principal, negative interest loans, or grants)”; and
in subparagraph (A)—
in the matter preceding clause (i), by striking “in assistance”; and
in clause (ii)(III), by striking “to such ratepayers” and inserting “to help such ratepayers maintain access to wastewater and stormwater treatment services”; and
by amending paragraph (3) to read as follows:
“(3) Subsidization amounts
“(A) In general—A State may use for providing additional subsidization in a fiscal year under this subsection an amount that does not exceed the greater of—
“(i) 30 percent of the total amount received by the State in capitalization grants under this title for the fiscal year; or
“(ii) the annual average over the previous 10 fiscal years of the amounts deposited by the State in the State water pollution control revolving fund from State moneys that exceed the amounts required to be so deposited under section 602(b)(2).
“(B) Minimum—For each of fiscal years 2021 through 2025, to the extent there are sufficient applications for additional subsidization under this subsection that meet the criteria under paragraph (1)(A), a State shall use for providing additional subsidization in a fiscal year under this subsection an amount that is not less than 10 percent of the total amount received by the State in capitalization grants under this title for the fiscal year.”
Sec. 22111 Allotment of funds
Formula— Section 604(a) of the Federal Water Pollution Control Act (33 U.S.C. 1384(a)) is amended by striking “each of fiscal years 1989 and 1990” and inserting “each fiscal year”.
Wastewater infrastructure workforce development— Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by adding at the end the following:
“(d) Wastewater infrastructure workforce development—A State may reserve each fiscal year up to 1 percent of the sums allotted to the State under this section for the fiscal year to carry out workforce development, training, and retraining activities described in section 104(g).”
Sec. 22112 Reservation of funds for Territories of the United States
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by striking section 607 and inserting the following:
“607. Reservation of funds for Territories of the United States
“(a) In general
“(1) Reservation—For each fiscal year, the Administrator shall reserve 1.5 percent of available funds, as calculated in accordance with paragraph (2).
“(2) Calculation of available funds—The amount of available funds shall be calculated by subtracting the amount of any funds reserved under section 518(c) from the amount of funds made available to carry out this title (before allotments to the States under section 604(a)).
“(b) Use of funds—Funds reserved under this section shall be available only for grants to American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands for projects and activities eligible for assistance under section 603(c).
“(c) Limitation—American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands may not receive funds allotted under section 604(a).”
Sec. 22113 Authorization of appropriations
Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) is amended by adding at the end the following:
“609. Authorization of appropriations
“There are authorized to be appropriated to carry out this title the following sums:
“(1) $8,000,000,000 for fiscal year 2021.
“(2) $8,000,000,000 for fiscal year 2022.
“(3) $8,000,000,000 for fiscal year 2023.
“(4) $8,000,000,000 for fiscal year 2024.
“(5) $8,000,000,000 for fiscal year 2025.”
Sec. 22114 Technical assistance by Municipal Ombudsman
Section 4(b)(1) of the Water Infrastructure Improvement Act (42 U.S.C. 4370j(b)(1)) is amended to read as follows:
“(1) technical and planning assistance to support municipalities, including municipalities that are rural, small, and tribal communities, in achieving and maintaining compliance with enforceable deadlines, goals, and requirements of the Federal Water Pollution Control Act; and”
Sec. 22115 Report on financial capability of municipalities
Review— The Administrator of the Environmental Protection Agency shall conduct a review of existing implementation guidance of the Agency for evaluating the financial resources a municipality has available to implement the requirements of the Federal Water Pollution Control Act to determine whether, and if so, how, such guidance needs to be revised.
Considerations— In conducting the review under subsection (a), the Administrator shall consider—
the report by the National Academy of Public Administration prepared for the Environmental Protection Agency entitled “Developing a New Framework for Community Affordability of Clean Water Services”, dated October 2017;
the report developed by the National Environmental Justice Advisory Council entitled “EPA’s Role in Addressing the Urgent Water Infrastructure Needs of Environmental Justice Communities”, dated August 2018, and made available on the website of the Administrator in March 2019;
the report prepared for the American Water Works Association, the National Association of Clean Water Agencies, and the Water Environment Federation entitled “Developing a New Framework for Household Affordability and Financial Capability Assessment in the Water Sector”, dated April 17, 2019;
the recommendations of the Environmental Financial Advisory Board related to municipal financial capability assessments, prepared at the request of the Administrator; and
any other information the Administrator considers appropriate.
Engagement and transparency— In conducting the review under subsection (a), the Administrator shall—
after providing public notice, consult with, and solicit advice and recommendations from, State and local governmental officials and other stakeholders, including nongovernmental organizations; and
ensure transparency in the consultation process.
Report— Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report on the results of the review conducted under subsection (a), including any recommendations for revisions to the guidance.
Sec. 22116 Emerging contaminants
In general— The Administrator of the Environmental Protection Agency shall award grants to owners and operators of publicly owned treatment works to be used for the implementation of a pretreatment standard or effluent limitation developed by the Administrator for the introduction or discharge of a perfluoroalkyl or polyfluoroalkyl substance or other pollutant identified by the Administrator as a potential contaminant of emerging concern.
Definitions— In this section:
Discharge— The term discharge has the meaning given that term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
Effluent limitation— The term effluent limitation means an effluent limitation under section 301(b) of the Federal Water Pollution Control Act (33 U.S.C. 1311).
Introduction— The term introduction means the introduction of pollutants into treatment works, as described in section 307(b) of the Federal Water Pollution Control Act (33 U.S.C. 1317).
Pretreatment standard— The term pretreatment standard means a pretreatment standard under section 307(b) of the Federal Water Pollution Control Act (33 U.S.C. 1317).
Treatment works— The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).
Authorization of Appropriations— There is authorized to be appropriated to carry out this section the following sums:
$200,000,000 for fiscal year 2021.
$200,000,000 for fiscal year 2022.
$200,000,000 for fiscal year 2023.
$200,000,000 for fiscal year 2024.
$200,000,000 for fiscal year 2025.
B Local Water Protection
Sec. 22201 Nonpoint source management programs
Section 319(j) of the Federal Water Pollution Control Act (33 U.S.C. 1329(j)) is amended by striking “subsections (h) and (i) not to exceed” and all that follows through “fiscal year 1991” and inserting “subsections (h) and (i) $200,000,000 for each of fiscal years 2021 through 2025”.
C Critical Regional Infrastructure Investments
Sec. 22301 Reauthorization of Chesapeake Bay Program
Section 117(j) of the Federal Water Pollution Control Act (33 U.S.C. 1267(j)) is amended by striking “$40,000,000 for each of fiscal years 2001 through 2005” and inserting “$90,000,000 for fiscal year 2021, $90,500,000 for fiscal year 2022, $91,000,000 for fiscal year 2023, $91,500,000 for fiscal year 2024, and $92,000,000 for fiscal year 2025”.
Sec. 22302 San Francisco Bay restoration grant program
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:
“124. San Francisco Bay restoration grant program
“(a) Definitions—In this section:
“(1) Estuary partnership—The term Estuary Partnership means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320.
“(2) San Francisco Bay Plan—The term San Francisco Bay Plan means—
“(A) 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
“(B) 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).
“(b) Program office
“(1) Establishment—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.
“(2) Appointment of Director—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.
“(3) Delegation of authority; staffing—The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section.
“(c) Annual priority list
“(1) In general—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).
“(2) Inclusions—The annual priority list compiled under paragraph (1) shall include the following:
“(A) 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—
“(i) water quality improvement, including the reduction of marine litter;
“(ii) wetland, riverine, and estuary restoration and protection;
“(iii) nearshore and endangered species recovery; and
“(iv) adaptation to climate change.
“(B) Information on the projects, activities, and studies specified under subparagraph (A), including—
“(i) the identity of each entity receiving assistance pursuant to subsection (e); and
“(ii) a description of the communities to be served.
“(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list.
“(3) Consultation—In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of—
“(A) the Estuary Partnership;
“(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;
“(C) the San Francisco Bay Restoration Authority; and
“(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate.
“(d) San Francisco Bay Plan
“(1) In general—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.
“(2) Revision of San Francisco Bay Plan—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.
“(3) Outreach—In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders.
“(e) Grant program
“(1) In general—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).
“(2) Maximum amount of grants; non-Federal share
“(A) Maximum amount of grants—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.
“(B) Non-Federal share—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.
“(f) Funding
“(1) Authorization of appropriations—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.
“(2) Administrative expenses—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.
“(3) Prohibition—No amounts made available under this section may be used for the administration of a management conference under section 320.
“(g) Annual budget plan—In each of fiscal years 2021 through 2025, the President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal department and agency involved in San Francisco Bay protection and restoration, including—
“(1) a report that displays for each Federal agency—
“(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and
“(B) the proposed budget for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and
“(2) a description and assessment of the Federal role in the implementation of the San Francisco Bay Plan and the specific role of each Federal department and agency involved in San Francisco Bay protection and restoration, including specific projects, activities, and studies conducted or planned to achieve the identified goals and objectives of the San Francisco Bay Plan.”
Sec. 22303 Puget sound coordinated recovery
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:
“125. Puget Sound
“(a) Definitions—In this section, the following definitions apply:
“(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 by the Secretary of Commerce as required 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 (d)(2)(B).
“(4) International Joint Commission—The term International Joint Commission means the International Joint Commission established by the United States and Canada under the International Boundary Waters Treaty of 1909 (36 Stat. 2448).
“(5) Pacific Salmon Commission—The term Pacific Salmon Commission means the Pacific Salmon Commission established by the United States and Canada under the Treaty between the Government of the United States of America and the Government of Canada Concerning Pacific Salmon, signed at Ottawa, January 28, 1985 (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 (c).
“(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 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 (d).
“(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 nine Federal agencies.
“(10) Puget Sound National Estuary Program Management Conference; Management Conference—The term Puget Sound National Estuary Program Management Conference or Management Conference means the management conference for Puget Sound convened pursuant to section 320.
“(11) Puget Sound Partnership—The term Puget Sound Partnership means the State agency that is established 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 of the water that falls on the Olympic and Cascade Mountains and flows to meet Puget Sound’s marine waters.
“(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.
“(16) State Advisory Committee—The term State Advisory Committee means the advisory committee established by subsection (e).
“(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, which 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) Consistency—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, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when—
“(1) conducting Federal agency activities within or outside Puget Sound that affect any land or water use or natural resources of Puget Sound and its tributary waters, including activities performed by a contractor for the benefit of a Federal agency;
“(2) interpreting and enforcing regulations that impact the restoration and protection of Puget Sound;
“(3) issuing Federal licenses or permits that impact the restoration and protection of Puget Sound; and
“(4) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of Puget Sound.
“(c) 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—The Director of the Program Office shall be a career reserved position, as such term is defined in section 3132(a)(8) of title 5, United States Code.
“(B) Qualifications—The Director of the Program Office 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 often conflicting, needs toward implementing a shared Action Agenda with visible and measurable outcomes.
“(3) Delegation of authority; staffing—Using amounts made available pursuant to subsection (i), 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 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 Puget Sound restoration and protection;
“(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 Puget Sound restoration and protection;
“(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, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program consistent with the best available science and 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 Administrator determines necessary and appropriate.
“(d) Puget Sound Federal Leadership Task Force
“(1) Establishment—There is established a Puget Sound Federal Leadership Task Force.
“(2) 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 on 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 Puget Sound, including by—
“(I) enabling and encouraging the Federal agencies represented on the Puget Sound Federal Leadership Task Force to act consistently with the objectives and priorities of the Action Agenda, 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 the restoration and protection of Puget Sound;
“(III) facilitating the delivery of feedback given by Federal agencies to the Puget Sound Partnership during the development of the Action Agenda;
“(IV) facilitating the resolution of interagency conflicts associated with the restoration and protection of Puget Sound among the agencies represented on the Puget Sound Federal Leadership Task Force;
“(V) providing a forum for exchanging information among agencies regarding activities being conducted, including obstacles or efficiencies found, during Puget Sound restoration and protection activities; and
“(VI) promoting the efficient use of government resources in pursuit of Puget Sound restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for restoration and protection of Puget Sound 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 the members of the Puget Sound Federal Leadership Task Force;
“(iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about Puget Sound;
“(v) identify and inventory Federal environmental research and monitoring programs related to 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) establish any necessary working groups or advisory committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including public policy and scientific issues;
“(viii) raise national awareness of the significance of Puget Sound;
“(ix) work with the Office of Management and Budget to give input on the crosscut budget under subsection (h); and
“(x) submit a biennial report under subsection (g) on the progress made toward carrying out the Federal Action Plan.
“(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 on a specific suite of priorities on Puget Sound recovery.
“(ii) Revision of Puget Sound Federal Action Plan—Not less often than once every 5 years after the date of completion of the Federal Action Plan described in 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 designed to—
“(i) further the goals, targets, and actions of the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;
“(ii) implement and enforce this Act, the Endangered Species Act of 1973, and all other Federal laws that contribute to the restoration and protection of Puget Sound, including those that protect Tribal treaty rights;
“(iii) prevent the introduction and spread of invasive species;
“(iv) prevent the destruction of marine and wildlife habitats;
“(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters that provide marine and wildlife habitat;
“(vi) promote resilience to climate change and ocean acidification effects;
“(vii) conserve and recover endangered species under the Endangered Species Act of 1973;
“(viii) restore fisheries so that they are sustainable and productive;
“(ix) preserve biodiversity;
“(x) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and
“(xi) improve water quality and restore wildlife habitat, 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.
“(3) Participation of State Advisory Committee and Puget Sound Tribal Management Conference
“(A) In general—The Puget Sound Federal Leadership Task Force shall carry out its duties with input from, and in collaboration with, the State Advisory Committee and Puget Sound Tribal Management Conference.
“(B) Specific advice and recommendations—The Puget Sound Federal Leadership Task Force shall seek the advice and recommendations of the State Advisory Committee and Puget Sound Tribal Management Conference on the actions, progress, and issues pertaining to restoration and protection of Puget Sound.
“(4) Membership
“(A) 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 effort of Puget Sound.
“(B) Composition—The Puget Sound Federal Leadership Task Force shall be composed of the following members:
“(i) Secretary of Agriculture—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) Secretary of Commerce—A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.
“(iii) Secretary of Defense—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 Navy Region Northwest.
“(iv) Director—The Director of the Program Office.
“(v) Secretary of Homeland Security—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) Secretary of the Interior—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) Secretary of Transportation—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) Additional members—Representatives of such other agencies, programs, and initiatives as the Puget Sound Federal Leadership Task Force determines necessary.
“(5) 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.
“(6) Co-Chairs—The following members of the Puget Sound Federal Leadership Task Force appointed under paragraph (5) shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:
“(A) The representative of the National Oceanic and Atmospheric Administration.
“(B) The representative of the Puget Sound Recovery National Program Office.
“(C) The representative of the Corps of Engineers.
“(7) 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—Meetings of any established working groups or committees 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 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. A joint meeting under this subparagraph may be considered a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B), if agreed upon.
“(E) Quorum—A majority number 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 pass a measure, a two-thirds percentage of the quorum must vote in the affirmative.
“(8) Puget Sound Federal Leadership Task Force procedures and advice
“(A) Advisors—The Puget Sound Federal Leadership Task Force, and any working group of 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 or working group, respectively, 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 or department that the member represents.
“(9) 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.
“(e) State Advisory Committee
“(1) Establishment—There is established a State Advisory Committee.
“(2) Membership—The 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 Puget Sound recovery.
“(f) Federal Advisory Committee Act—The Puget Sound Federal Leadership Task Force, State Advisory Committee, and any working group 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.).
“(g) Puget Sound Federal Leadership Task Force biennial report on Puget Sound recovery 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 on the restoration and protection of Puget Sound.
“(2) Contents—The report 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 toward meeting the identified objectives and priorities of the Action Agenda, 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 toward meeting the identified objectives and priorities of the Action Agenda, 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 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.
“(h) Crosscut budget report
“(1) Financial report—Not later than 1 year 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 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 funding amounts more than $100,000.
“(4) Submission to Congress—The Director of the Office of Management and Budget shall submit the report to—
“(A) the Committee on Appropriations, the Committee on Natural Resources, the Committee on Energy and Commerce, and the Committee on Transportation and Infrastructure of the House of Representatives; and
“(B) the Committee on Appropriations, the Committee on Environment and Public Works, and the Committee on Commerce, Science, and Transportation of the Senate.
“(i) Authorization of appropriations—In addition to any other funds authorized to be appropriated for activities related to Puget Sound, there is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.
“(j) Preservation of Treaty Obligations and Existing Federal Status
“(1) 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) Other federal law—Nothing in this section affects the requirements and procedures of other Federal law.
“(k) Consistency—Actions authorized or implemented under this section shall be consistent with—
“(1) the Endangered Species Act of 1973 and the Salmon Recovery Plans of the State of Washington;
“(2) the Coastal Zone Management Act of 1972 and the Coastal Nonpoint Pollution Control Program;
“(3) the water quality standards of the State of Washington approved by the Administrator under section 303; and
“(4) other applicable Federal requirements.”
Sec. 22304 Great Lakes Restoration Initiative Reauthorization
Section 118(c)(7)(J)(i) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)(J)(i)) is amended—
by striking “is authorized” and inserting “are authorized”;
by striking the period at the end and inserting a semicolon;
by striking “this paragraph $300,000,000” and inserting the following:
“(I) $300,000,000”
by adding at the end the following:
“(II) $375,000,000 for fiscal year 2022;
“(III) $400,000,000 for fiscal year 2023;
“(IV) $425,000,000 for fiscal year 2024;
“(V) $450,000,000 for fiscal year 2025; and
“(VI) $475,000,000 for fiscal year 2026.”
Sec. 22305 National Estuary Program reauthorization
Management conference— Section 320(a)(2)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) is amended by striking “and Peconic Bay, New York” and inserting “Peconic Bay, New York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, California; and Lower Columbia River, Oregon and Washington”.
Purposes of conference— Section 320(b)(4) of the Federal Water Pollution Control Act (33 U.S.C. 1330(b)(4)) is amended—
by striking “management plan that recommends” and inserting “management plan that—
“(A) recommends”
by adding at the end the following:
“(B) addresses the effects of recurring extreme weather events on the estuary, including the identification and assessment of vulnerabilities in the estuary and the development and implementation of adaptation strategies; and
“(C) increases public education and awareness of the ecological health and water quality conditions of the estuary;”
Members of conference— Section 320(c)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1330(c)(5)) is amended by inserting “nonprofit organizations,” after “educational institutions,”.
Grants— Section 320(g)(4)(C) of the Federal Water Pollution Control Act (33 U.S.C. 1330(g)(4)(C)) is amended—
in the matter preceding clause (i)—
by inserting “, emerging,” after “urgent”; and
by striking “coastal areas” and inserting “the estuaries selected by the Administrator under subsection (a)(2), or that relate to the coastal resiliency of such estuaries”;
by redesignating clauses (vi) and (vii) as clauses (viii) and (ix), respectively, and inserting after clause (v) the following:
“(vi) stormwater runoff;
“(vii) accelerated land loss;”
in clause (viii), as so redesignated, by inserting “, extreme weather,” after “sea level rise”.
Authorization of appropriations— Section 320(i)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1330(i)(1)) is amended by inserting “, and $50,000,000 for each of fiscal years 2022 through 2026,” after “2021”.
Sec. 22306 Lake Pontchartrain Basin Restoration Program reauthorization
Review of comprehensive management plan— 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:
“(7) 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.”
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”.
Definitions— 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”.
Authorization of appropriations— Section 121(f) of the Federal Water Pollution Control Act (33 U.S.C. 1273(f)) is amended—
in paragraph (1), by striking “2001 through 2012 and the amount appropriated for fiscal year 2009 for each of fiscal years 2013 through 2017” and inserting “2021 through 2025”; and
by adding at the end the following:
“(3) Administrative expenses—The Administrator may use for administrative expenses not more than 5 percent of the amounts appropriated to carry out this section.”
Sec. 22307 Long Island Sound Program Reauthorization
Section 119(h) of the Federal Water Pollution Control Act (33 U.S.C. 1269(h)) is amended by striking “2023” and inserting “2025”.
Sec. 22308 Columbia River Basin Restoration Program Reauthorization
Section 123(d)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1275(d)(6)) is amended by striking “2021” and inserting “2025”.
III Resilience Revolving Loan Fund
Sec. 23001 Short title
This title may be cited as the “Resilience Revolving Loan Fund Act of 2020”.
Sec. 23002 Grants to entities for establishment of hazard mitigation revolving loan funds
Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end the following:
“205 Grants to entities for establishment of hazard mitigation revolving loan funds
“(a) General authority
“(1) In general—The Administrator may enter into agreements with eligible entities to make capitalization grants to such entities for the establishment of hazard mitigation revolving loan funds (referred to in this section as “entity loan funds”) for providing funding assistance to local governments to carry out eligible projects under this section to reduce disaster risks for homeowners, businesses, nonprofit organizations, and communities in order to decrease—
“(A) the loss of life and property;
“(B) the cost of insurance claims; and
“(C) Federal disaster payments.
“(2) Agreements—Any agreement entered into under this section shall require the participating entity to—
“(A) comply with the requirements of this section; and
“(B) use accounting, audit, and fiscal procedures conforming to generally accepted accounting standards.
“(b) Application
“(1) In general—To be eligible to receive a capitalization grant under this section, an eligible entity shall submit to the Administrator an application that includes the following:
“(A) Project proposals comprised of local government hazard mitigation projects, on the condition that the entity provides public notice not less than 6 weeks prior to the submission of an application.
“(B) An assessment of recurring major disaster vulnerabilities impacting the entity that demonstrates an escalating risk to life and property.
“(C) A description of how the hazard mitigation plan of the entity has or has not taken the vulnerabilities described in paragraph (2) into account.
“(D) A description about how the projects described in paragraph (1) could conform with the hazard mitigation plans of the entity and local governments.
“(E) A proposal of the systematic and regional approach to achieve resilience in a vulnerable area, including impacts to river basins, river corridors, watersheds, estuaries, bays, coastal regions, micro-basins, micro-watersheds, ecosystems, and areas at risk of earthquakes, tsunamis, droughts, and wildfires, including the wildland-urban interface.
“(2) Technical assistance—The Administrator shall provide technical assistance to eligible entities for applications under this section.
“(c) Entity loan fund
“(1) Establishment of fund—An entity that receives a capitalization grant under this section shall establish an entity loan fund that complies with the requirements of this subsection.
“(2) Fund management—Except as provided in paragraph (3), an entity loan fund shall be administered by the agency responsible for emergency management for such entity and shall include only—
“(A) funds provided by a capitalization grant under this section;
“(B) repayments of loans under this section to the entity loan fund; and
“(C) interest earned on amounts in the entity loan fund.
“(3) Administration—A participating entity may combine the financial administration of the entity loan fund of such entity with the financial administration of any other revolving fund established by such entity if the Administrator determines that—
“(A) the capitalization grant, entity share, repayments of loans, and interest earned on amounts in the entity loan fund are accounted for separately from other amounts in the revolving fund; and
“(B) the authority to establish assistance priorities and carry out oversight activities remains in the control of the agency responsible for emergency management for the entity.
“(4) Entity share of funds—On or before the date on which a participating entity receives a capitalization grant under this section, the entity shall deposit into the entity loan fund of such entity, an amount equal to not less than 10 percent of the amount of the capitalization grant.
“(d) Apportionment
“(1) In general—Except as otherwise provided by this subsection, the Administrator shall apportion funds made available to carry out this section to entities that have entered into an agreement under subsection (a)(2) in amounts as determined by the Administrator.
“(2) Reservation of funds—The Administrator shall reserve not more than 2.5 percent of the amount made available to carry out this section for—
“(A) administrative costs incurred in carrying out this section; and
“(B) providing technical assistance to participating entities under subsection (b)(2).
“(3) Priority—In the apportionment of capitalization grants under this subsection, the Administrator shall give priority to entity applications under subsection (b) that—
“(A) propose projects increasing resilience and reducing risk of harm to natural and built infrastructure;
“(B) involve a partnership between two or more eligible entities to carry out a project or similar projects;
“(C) take into account regional impacts of hazards on river basins, river corridors, micro-watersheds, macro-watersheds, estuaries, bays, coastal regions, and areas vulnerable to earthquake, drought, tsunamis and wildfire, including the wildland-urban interface; or
“(D) propose projects for the resilience of major economic sectors or critical national infrastructure, including ports, global commodity supply chain assets (located within an entity or within the jurisdiction of local governments and tribal governments), capacity, power and water production and distribution centers, and bridges and waterways essential to interstate commerce.
“(e) Use of funds
“(1) Types of assistance—Amounts deposited in an entity loan fund, including loan repayments and interest earned on such amounts, may be used—
“(A) to make loans, on the condition that—
“(i) such loans are made at an interest rate of not more than 1.5 percent;
“(ii) annual principal and interest payments will commence not later than 1 year after completion of any project and all loans will be fully amortized—
“(I) not later than 20 years after the date on which the project is completed; or
“(II) for projects in a low-income geographic area, not later than 30 years after the date on which the projects is completed and not longer than the expected design life of the project;
“(iii) the local government receiving a loan establishes a dedicated source of revenue for repayment of the loan;
“(iv) the local government receiving a loan has a hazard mitigation plan that has been approved by the participating entity; and
“(v) the entity loan fund will be credited with all payments of principal and interest on all loans;
“(B) for mitigation planning, not to exceed 10 percent of the capitalization grants made to the participating entity in a fiscal year;
“(C) for the reasonable costs of administering the fund and conducting activities under this section, except that such amounts shall not exceed $100,000 per year, 2 percent of the capitalization grants made to the participating entity in a fiscal year, or 1 percent of the value of the entity loan fund, whichever amount is greatest, plus the amount of any fees collected by the entity for such purpose regardless of the source; and
“(D) to earn interest on the entity loan fund.
“(2) Prohibition on determination that loan is a duplication—In carrying out this section, Administrator may not determine that a loan is a duplication of assistance or a duplication of programs.
“(3) Projects and activities eligible for assistance—Except as provided in this subsection, a participating entity may use funds in the entity loan fund to provide financial assistance for projects or activities that mitigate the impacts of hazards, including—
“(A) drought and prolonged episodes of intense heat;
“(B) severe storms, including tornados, wind storms, cyclones, and severe winter storms;
“(C) wildfires;
“(D) earthquakes;
“(E) flooding, including the construction, repair, or replacement of a non-Federal levee or other flood control structure, provided the Administrator, in consultation with the Corps of Engineers (if appropriate), requires an eligible entity to determine that such levee or structure is designed, constructed, and maintained in accordance with sound engineering practices and standards equivalent to the purpose for which such levee or structure is intended;
“(F) storm surges;
“(G) chemical spills that present an imminent threat to life and property;
“(H) seepage resulting from chemical spills and flooding; and
“(I) any catastrophic event that the entity determines appropriate.
“(4) Zoning and land use planning changes—A participating entity may use not more than 10 percent of the entity loan fund in a fiscal year to provide financial assistance for zoning and land use planning changes focused on—
“(A) the development and improvement of zoning and land use codes that incentivize and encourage low-impact development, resilient wildland-urban interface land management and development, natural infrastructure, green stormwater management, conservation areas adjacent to floodplains, implementation of watershed or greenway master plans, and reconnection of floodplains;
“(B) the study and creation of land use incentives that reward developers for greater reliance on low impact development stormwater best management practices, exchange density increases for increased open space and improvement of neighborhood catch basins to mitigate urban flooding, reward developers for including and augmenting natural infrastructure adjacent to and around building projects without reliance on increased sprawl, and reward developers for addressing wildfire ignition; and
“(C) the study and creation of an erosion response plan that accommodates river, lake, forest, plains, and ocean shoreline retreating or bluff stabilization due to increased flooding and disaster impacts.
“(5) Administrative and technical costs—For each fiscal year, a participating entity may use the amount described in paragraph (1)(C) to—
“(A) pay the reasonable costs of administering the programs under this section, including the cost of establishing an entity loan fund;
“(B) provide technical assistance to recipients of financial assistance from the entity loan fund, on the condition that such technical assistance does not exceed 5 percent of the capitalization grant made to such entity.
“(6) Limitation for single projects—A participating entity may not provide an amount equal to or more than $5,000,000 to a single hazard mitigation project.
“(7) Requirements—For fiscal year 2020 and each fiscal year thereafter, the requirements of subchapter IV of chapter 31 of title 40, United States Code, shall apply to the construction of projects carried out in whole or in part with assistance made available by an entity loan fund authorized by this section.
“(f) Intended use plans
“(1) In general—After providing for public comment and review, and consultation with appropriate agencies in an entity, Federal agencies, and interest groups, each participating entity shall annually prepare and submit to the Administrator a plan identifying the intended uses of the entity loan fund.
“(2) Contents of plan—An entity intended use plan prepared under paragraph (1) shall include—
“(A) the integration of entity planning efforts, including entity hazard mitigation plans and other programs and initiatives relating to mitigation of major disasters carried out by such entity;
“(B) an explanation of the mitigation and resiliency benefits the entity intends to achieve by—
“(i) reducing future damage and loss associated with hazards;
“(ii) reducing the number of severe repetitive loss structures and repetitive loss structures in the entity;
“(iii) decreasing the number of insurance claims in the entity from injuries resulting from major disasters or other hazards; and
“(iv) increasing the rating under the community rating system under section 1315(b) of the Housing and Urban Development Act of 1968 (42 U.S.C. 4022(b)) for communities in the entity;
“(C) information on the availability of, and application process for, financial assistance from the entity loan fund of such entity;
“(D) the criteria and methods established for the distribution of funds;
“(E) the amount of financial assistance that the entity anticipates apportioning;
“(F) the expected terms of the assistance provided from the entity loan fund; and
“(G) a description of the financial status of the entity loan fund, including short-term and long-term goals for the fund.
“(g) Audits, reports, publications, and oversight
“(1) Biennial entity audit and report—Beginning not later than the last day of the second fiscal year after the receipt of payments under this section, and biennially thereafter, any participating entity shall—
“(A) conduct an audit of such fund established under subsection (b); and
“(B) provide to the Administrator a report including—
“(i) the result of any such audit; and
“(ii) a review of the effectiveness of the entity loan fund of the entity with respect to meeting the goals and intended benefits described in the intended use plan submitted by the entity under subsection (e).
“(2) Publication—A participating entity shall publish and periodically update information about all projects receiving funding from the entity loan fund of such entity, including—
“(A) the location of the project;
“(B) the type and amount of assistance provided from the entity loan fund;
“(C) the expected funding schedule; and
“(D) the anticipated date of completion of the project.
“(3) Oversight
“(A) In general—The Administrator shall, at least every 4 years, conduct reviews and audits as may be determined necessary or appropriate by the Administrator to carry out the objectives of this section and determine the effectiveness of the fund in reducing hazard risk.
“(B) GAO requirements—The entity shall conduct audits under paragraph (1) in accordance with the auditing procedures of the Government Accountability Office, including chapter 75 of title 31.
“(C) Recommendations by Administrator—The Administrator may at any time make recommendations for or require specific changes to an entity’s loan fund in order to improve the effectiveness of the fund.
“(h) Regulations or guidance—The Administrator shall issue such regulations or guidance as are necessary to—
“(1) ensure that each participating entity uses funds as efficiently as possible; and
“(2) reduce waste, fraud, and abuse to the maximum extent possible.
“(i) Waiver Authority—Until such time as the Administrator issues regulations to implement this section, the Administrator may—
“(1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and
“(2) provide capitalization grants under this section as a pilot program.
“(j) Definitions—In this section, the following definitions apply:
“(1) Eligible entity—The term “eligible entity” means a State or an Indian tribal government (as such terms are defined in section 102 of this Act (42 U.S.C. 5122)).
“(2) Hazard mitigation plan—The term “hazard mitigation plan” means a mitigation plan submitted under section 322 and approved by the Administrator.
“(3) Low-income geographic area—The term “low-income geographic area” means an area described in paragraph (1) or (2) of section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)).
“(4) Participating entity—The term “participating entity” means an eligible entity that has entered into an agreement under this section.
“(5) Repetitive loss structure—The term “repetitive loss structure” has the meaning given the term in section 1370 of the National Flood Insurance Act (42 U.S.C. 4121).
“(6) Severe repetitive loss structure—The term “severe repetitive loss structure” has the meaning given the term in section 1366(h) of the National Flood Insurance Act (42 U.S.C. 4104c(h).
“(7) Wildland-urban interface—The term “wildland-urban interface” has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
“(k) Authorization of appropriations—There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2021 and 2022.”
IV Sports Fishing
Sec. 24001 Short title
This title may be cited as the “Sport Fish Restoration, Recreational Boating Safety, and Wildlife Restoration Act of 2020”.
Sec. 24002 Division of annual appropriations
In general— Section 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended—
in subsection (a), by striking “2021” and inserting “2025”;
in subsection (b)—
in paragraph (1)—
in subparagraph (A), by striking “2021” and inserting “2025”; and
by amending subparagraph (B) to read as follows—
“(B) Available amounts—The available amount referred to in subparagraph (A) is—
“(i) for fiscal year 2021, $12,625,419; and
“(ii) for fiscal year 2022 and each fiscal year thereafter, the sum of—
“(I) the available amount for the preceding fiscal year; and
“(II) the amount determined by multiplying—
“(aa) the available amount for the preceding fiscal year; and
“(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.”
in paragraph (2)—
in subparagraph (A), by striking “2016 through 2021” and inserting “2022 through 2025”; and
by amending subparagraph (B) to read as follows—
“(B) Available amounts—The available amount referred to in subparagraph (A) is—
“(i) for fiscal year 2021, $8,988,700; and
“(ii) for fiscal year 2022 and each fiscal year thereafter, the sum of—
“(I) the available amount for the preceding fiscal year; and
“(II) the amount determined by multiplying—
“(aa) the available amount for the preceding fiscal year; and
“(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.”
in subsection (e)(2), by striking “$900,000” and inserting “$1,300,000”.
Administration— Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended—
in paragraph (1), by striking “on a full-time basis”;
by striking paragraph (2) and redesignating paragraphs (3) through (12) as paragraphs (2) through (11), respectively;
by striking “paragraphs (1) and (2)” and inserting “paragraph (1)” each place it appears;
in paragraph (4)(B), as so redesignated, by striking “full-time equivalent”; and
in paragraph (8)(A), as so redesignated, by striking “on a full-time basis”.
Other activities— Section 14(e) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding at the end the following:
“(3) A portion, as determined by the Sport Fishing and Boating Partnership Council, of funds disbursed for the purposes described in paragraph (2) but remaining unobligated prior to fiscal year 2020 shall be used to study—
“(A) the impact of derelict recreational vessels on recreational boating safety and recreational fishing; and
“(B) identify options and methods for recycling for recreational vessels.”
Sec. 24003 Recreational boating access
In general— The Comptroller General of the United States shall conduct a study on recreational boating access. In carrying out such study, the Comptroller General shall consult with the Sport Fishing and Boating Partnership Council and the National Boating Safety Advisory Council on the design, scope, and priorities of such study.
Contents— To the extent practicable, the study required under subsection (a) shall contain a description of—
the use of nonmotorized vessels in each State and how the increased use of nonmotorized vessels is impacting motorized and nonmotorized vessel access to waterway entry points;
recreational fishing and boating user conflicts concerning motorized and nonmotorized vessels at waterway access points; and
the use of funds provided under the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for—
the sport fish restoration program to improve nonmotorized vessel access at waterway entry points and the reasons for providing such access; and
the Recreational Boating Safety Program funds for nonmotorized boating safety programs.
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Sport Fishing and Boating Partnership Council, the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives, and the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate a report containing the study required under this section.
State defined— In this section, the term “State” means any State, the District of Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands, and the territories of Guam, the U.S. Virgin Islands, and American Samoa.
Sec. 24004 Wildlife Restoration Fund administration
Allocation and apportionment of available amounts— Section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c), is amended—
in subsection (a)(1)(B)—
in clause (i) by striking “for each of fiscal years 2001 and 2002, $9,000,000;” and inserting the following:
“(I) the amount made available under this paragraph for the previous fiscal year adjusted to reflect the change in the Consumer Price Index for All Urban Consumers relative to such previous fiscal year; and
“(II) $979,500; and”
by striking clause (ii) and redesignating clause (iii) as clause (ii); and
in clause (ii), as so redesignated, by striking “fiscal year 2004”; and
in subsection (a)(2) by striking “the end of the fiscal year” and inserting “the end of the subsequent fiscal year”.
Authorized Expenses for Administration— Section 9(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended—
in paragraph (1) by striking “who directly administer this Act on a full-time basis” and inserting “for the work hours such employees spend directly administering this Act, as such hours are certified by the supervisor of the employee”;
by striking “paragraphs (1) and (2)” and inserting “paragraph (1)” each place it appears;
by striking paragraph (2) and redesignating paragraphs (3) through (12) as paragraphs (2) through (11), respectively; and
in paragraph (10), as so redesignated—
by inserting “or part-time” after “on a full-time”; and
by striking “expenses are incurred” and inserting “expenses are incurred, provided that the percentage of relocation expenses paid such amounts do not exceed the percentage of work hours the member of personnel spends administering this chapter”.
Sec. 24005 Sport fish restoration and boating trust fund
Section 13107(c)(2) of title 46, United States Code, is amended by striking “No funds available” and inserting “On or after October 1, 2023 no funds available,”.
V Climate Smart Ports
Sec. 25001 Short title
This title may be cited as the “Climate Smart Ports Act”.
Sec. 25002 Climate Smart Ports Grant Program
Establishment of program— Section 50302 of title 46, United States Code, is amended—
by redesignating subsection (d) as subsection (e); and
by inserting after subsection (c) the following:
“(d) Climate smart ports grant program
“(1) Establishment—Not later than 6 months after the date of enactment of the Climate Smart Ports Act, the Secretary shall establish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology.
“(2) Procedural safeguards—The Secretary shall issue guidelines to establish appropriate accounting, reporting, and review procedures to ensure that—
“(A) grant funds are used for the purposes for which those funds were made available;
“(B) each grantee properly accounts for all expenditures of grant funds; and
“(C) grant funds not used for such purposes and amounts not obligated or expended are returned.
“(3) Grant conditions
“(A) In general—The Secretary shall require as a condition of making a grant under this subsection that a grantee—
“(i) maintain such records as the Secretary considers necessary;
“(ii) make the records described in clause (i) available for review and audit by the Secretary; and
“(iii) periodically report to the Secretary such information as the Secretary considers necessary to assess progress.
“(B) Requirement—The Secretary shall require recipients of assistance under this subsection (d) to comply with section 113(a) of title 23 with respect to all construction, alteration, installation, or repair work, in the same manner that recipients of assistance under chapter 1 of such title are required to comply with such section for construction work performed on highway projects on Federal-aid highways. With regard to the construction, alteration, or repair of vessels, the same requirements of such section shall apply regardless of whether the location of contract performance is known when bids for such work are solicited.
“(4) Prohibited use
“(A) In general—An eligible entity may not use a grant awarded under this subsection to purchase or install fully automated cargo handling equipment or terminal infrastructure that is designed for fully automated cargo handling equipment.
“(B) Human-operated zero emissions port equipment and technology—Nothing in subparagraph (A) prohibits an eligible entity from using a grant awarded under this subsection to purchase human-operated zero emissions port equipment and technology or infrastructure that supports such human-operated zero emissions port equipment and technology.
“(5) Cost share
“(A) In general—Except as provided in subparagraph (B), an eligible entity may not use a grant awarded under this subsection to cover more than 70 percent of the cost of purchasing, and as applicable installing, zero emissions port equipment and technology.
“(B) Certain grants—With respect to a grant in an amount equal to or greater than $3,000,000, an eligible entity may use such grant to cover not more than 85 percent of the cost of purchasing and installing zero emissions port equipment and technology if such eligible entity certifies to the Secretary that—
“(i) such grant will be used, at least in part, to employ laborers or mechanics to install zero emissions port equipment and technology; and
“(ii) such eligible entity is a party to a project labor agreement or requires that each subgrantee of such eligible entity, and any subgrantee thereof at any tier, that performs such installation participate in a project labor agreement.
“(6) Project labor—An eligible entity that uses a grant awarded under this subsection to install zero emissions port equipment and technology shall ensure, to the greatest extent practicable, that any subgrantee of such eligible entity, and any subgrantee thereof at any tier, that carries out such installation employs laborers or mechanics for such installation that—
“(A) are domiciled not further than 50 miles from such installation;
“(B) are members of the Armed Forces serving on active duty, separated from active duty, or retired from active duty;
“(C) have been incarcerated or served time in a juvenile detention facility; or
“(D) have a disability.
“(7) Application
“(A) In general—To be eligible to be awarded a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(B) Priority—The Secretary shall prioritize awarding grants under this subsection to eligible entities based on the following:
“(i) The degree to which the proposed use of the grant will—
“(I) reduce greenhouse gas emissions;
“(II) reduce emissions of any criteria pollutant and precursor thereof;
“(III) reduce hazardous air pollutant emissions; and
“(IV) reduce public health disparities in communities that receive a disproportionate quantity of air pollution from a port.
“(ii) The amount of matching, non-Federal funds expected to be used by an applicant to purchase, and as applicable install, zero emissions port equipment and technology.
“(iii) Whether the applicant will use such grant to purchase, and as applicable install, zero emissions port equipment and technology that is produced in the United States.
“(iv) As applicable, whether the applicant will recruit and retain skilled workers through a Department of Labor approved or State-approved joint labor management apprenticeship program.
“(8) Outreach
“(A) In general—Not later than 90 days after funds are made available to carry out this subsection, the Secretary shall develop and carry out an educational outreach program to promote and explain the grant program established under paragraph (1) to prospective grant recipients.
“(B) Program components—In carrying out the outreach program developed under subparagraph (A), the Secretary shall—
“(i) inform prospective grant recipients how to apply for a grant awarded under this subsection;
“(ii) describe to prospective grant recipients the benefits of available zero emissions port equipment and technology;
“(iii) explain to prospective grant recipients the benefits of participating in the grant program established under this subsection; and
“(iv) facilitate the sharing of best practices and lessons learned between grant recipients and prospective grant recipients with respect to how to apply for and use grants awarded under this subsection.
“(9) Reports
“(A) Report to Secretary—Not later than 90 days after the date on which an eligible entity uses a grant awarded under this subsection, such eligible entity shall submit to the Secretary a report containing such information as the Secretary shall require.
“(B) Biennial report to Congress—Not later than January 31, 2021, and biennially thereafter, the Secretary shall submit to Congress and make available on the website of the Maritime Administration a report that includes, with respect to each grant awarded under this subsection during the preceding calendar years—
“(i) the name and location of the eligible entity that was awarded such grant;
“(ii) the amount of such grant that the eligible entity was awarded;
“(iii) the name and location of the port where the zero emissions port equipment and technology that was purchased, and as applicable installed, with such grant is used;
“(iv) an estimate of the impact of such zero emissions port equipment and technology on reducing—
“(I) greenhouse gas emissions;
“(II) emissions of criteria pollutants and precursors thereof;
“(III) hazardous air pollutant emissions; and
“(IV) public health disparities in surrounding local communities; and
“(v) any other information the Secretary determines necessary to understand the impact of grants awarded under this subsection.
“(10) Authorization of appropriations
“(A) In general—There is authorized to be appropriated to carry out this subsection $500,000,000 for each of fiscal years 2021 through 2030.
“(B) Nonattainment areas—To the extent practicable, at least 25 percent of amounts made available to carry out this subsection in each fiscal year shall be used to award grants to eligible entities to provide zero emissions port equipment and technology to ports that are in nonattainment areas.
“(C) Administration
“(i) Administrative and oversight costs—The Secretary may retain not more than 2 percent of the amounts appropriated for each fiscal year under this subsection for the administrative and oversight costs incurred by the Secretary to carry out this subsection.
“(ii) Availability
“(I) In general—Amounts appropriated for carrying out this subsection shall remain available until expended.
“(II) Unexpended funds—Amounts awarded as a grant under this subsection that are not expended by the grantee during the 5-year period following the date of the award shall remain available to the Secretary for use for grants under this subsection in a subsequent fiscal year.
“(11) Definitions—In this subsection:
“(A) Active duty—The term “active duty” has the meaning given such term in section 101 of title 10, United States Code.
“(B) Alternative emissions control technology—The term “alternative emissions control technology” means a technology, technique, or measure that—
“(i) captures the emissions of nitrogen oxide, particulate matter, reactive organic compounds, and greenhouse gases from the auxiliary engine and auxiliary boiler of an ocean-going vessel at berth;
“(ii) is verified or approved by a State or Federal air quality regulatory agency;
“(iii) the use of which achieves at least the equivalent reduction of emissions as the use of shore power for an ocean-going vessel at berth;
“(iv) the use of which results in reducing emissions of the auxiliary engine of an ocean-going vessel at berth to a rate of less than—
“(I) 2.8 g/kW-hr for nitrogen oxide;
“(II) 0.03 g/kW-hr for particulate matter 2.5; and
“(III) 0.1 g/kW-hr for reactive organic compounds; and
“(v) reduces the emissions of the auxiliary engine and boiler of an ocean-going vessel at berth by at least 80 percent of the default emissions rate, which is 13.8 g.
“(C) Criteria pollutant—The term “criteria pollutant” means each of the following:
“(i) Ground-level ozone.
“(ii) Particulate matter.
“(iii) Carbon monoxide.
“(iv) Lead.
“(v) Sulfur dioxide.
“(vi) Nitrogen dioxide.
“(D) Distributed energy resource
“(i) In general—The term “distributed energy resource” means an energy resource that—
“(I) is located on or near a customer site;
“(II) is operated on the customer side of the electric meter; and
“(III) is interconnected with the electric grid.
“(ii) Inclusions—The term “distributed energy resource” includes—
“(I) clean electric generation;
“(II) customer electric efficiency measures;
“(III) electric demand flexibility; and
“(IV) energy storage.
“(E) Eligible entity—The term “eligible entity” means—
“(i) a port authority;
“(ii) a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port;
“(iii) an air pollution control district or air quality management district; or
“(iv) a private or nonprofit entity, applying for a grant awarded under this subsection in collaboration with another entity described in clauses (i) through (iii), that owns or uses cargo or transportation equipment at a port.
“(F) Energy storage system—The term “energy storage system” means a system, equipment, facility, or technology that—
“(i) is capable of absorbing energy, storing energy for a period of time, and dispatching the stored energy; and
“(ii) uses a mechanical, electrical, chemical, electrochemical, or thermal process to store energy that—
“(I) was generated at an earlier time for use at a later time; or
“(II) was generated from a mechanical process, and would otherwise be wasted, for delivery at a later time.
“(G) Fully automated cargo handling equipment—The term “fully automated cargo handling equipment” means cargo handling equipment that—
“(i) is remotely operated or remotely monitored; and
“(ii) with respect to the use of such equipment, does not require the exercise of human intervention or control.
“(H) Nonattainment area—The term “nonattainment area” has the meaning given such term in section 171 of the Clean Air Act (42 U.S.C. 7501).
“(I) Port—The term “port” includes a maritime port and an inland port.
“(J) Port authority—The term “port authority” means a governmental or quasi-governmental authority formed by a legislative body to operate a port.
“(K) Project labor agreement—The term “project labor agreement” means a pre-hire collective bargaining agreement with one or more labor organization that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)).
“(L) Apprenticeship program—The term “apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019.
“(M) Shore power—The term “shore power” means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines.
“(N) State apprenticeship agency—The term “State Apprenticeship Agency” has the meaning given such term in section 29.2 of title 29, Code of Federal Regulations (as in effect on January 1, 2020).
“(O) Zero emissions port equipment and technology
“(i) In general—The term “zero emissions port equipment and technology” means equipment and technology, including the equipment and technology described in clause (ii), that—
“(I) is used at a port; and
“(II)
“(aa) produces zero exhaust emissions of—
“(AA) any criteria pollutant and precursor thereof; and
“(BB) any greenhouse gas, other than water vapor; or
“(bb) captures 100 percent of the exhaust emissions produced by an ocean-going vessel at berth.
“(ii) Equipment and technology described—The equipment and technology described in this clause is the following:
“(I) Any equipment that handles cargo.
“(II) A drayage truck that transports cargo.
“(III) A train that transports cargo.
“(IV) Port harbor craft.
“(V) A distributed energy resource.
“(VI) An energy storage system.
“(VII) Electrical charging infrastructure.
“(VIII) Shore power or an alternative emissions control technology.
“(IX) An electric transport refrigeration unit.”
Technical assistance— Paragraph (3) of subsection (e) of section 50302 of title 46, United States Code, as redesignated by subsection (a)(1) of this section, is amended—
by inserting “or (d)” after “subsection (c)”; and
by striking “such”.
Sec. 25003 Energy Policy Act of 2005 authorization of appropriations for port authorities
Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is amended by adding at the end the following:
“(c) Port authorities—There is authorized to be appropriated $50,000,000 for each of fiscal years 2021 through 2025 to award grants, rebates, or loans, under section 792, to eligible entities to carry out projects that reduce emissions at ports.”
VI Other matters
Sec. 26001 Wastewater drug testing pilot program
Establishment— The Administrator of the Environmental Protection Agency shall establish a pilot program to provide funding to States to incorporate wastewater testing for drugs at municipal wastewater treatment plants in order to monitor drug consumption and detect new drug use more quickly and in a more specific geographic region than methods currently in use.
Selection— In carrying out the pilot program established under subsection (a), the Administrator shall, subject to appropriations, select five States to each receive $1,000,000 in each of fiscal years 2022 through 2024 to provide funding to municipal wastewater treatment plants to incorporate testing for drugs into their routine wastewater testing protocol.
Requirements— A State receiving funds pursuant to the pilot program shall—
provide funding to municipal wastewater treatment plants to collect and test water samples;
facilitate a partnership between local health departments and municipal wastewater treatment plants; and
provide not less than 10 percent of the funds to applicable local health departments to develop public health interventions to respond to drug use in the community, as indicated by testing results.
Analyses— A State receiving funds pursuant to the pilot program may use a portion of the funding to have test results analyzed, including to develop estimates of how many doses of a drug have been consumed and to track results over time. The State shall report such analyses to the local and State health departments and to the Centers for Disease Control and Prevention.
Reports—
State reports— Not later than 90 days after the end of the pilot program, each State that received funds shall submit a report to the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives, the Committees on Health, Education, Labor, and Pensions and Environment and Public Works of the Senate, and the Centers for Disease Control and Prevention that includes each year’s final budget, an explanation of how the program was established, what information the wastewater testing provided and whether findings were in line with other drug surveillance strategies, the usefulness of testing as an evaluation strategy for policy change and public health interventions, challenges encountered, and recommendations for responsible data use and maintaining privacy.
CDC report— Not later than 180 days after the end of the pilot program, the Centers for Disease Control and Prevention shall submit a report to Congress analyzing the reports submitted under paragraph (1) and detailing best practices for implementing wastewater testing and using the results to inform public health interventions.
Restrictions—
Collection— A State receiving funds pursuant to the pilot program may not use such funds to collect water samples from any location other than a municipal wastewater treatment plant.
Disclosure— Analyses of samples collected pursuant to this section may not be disclosed to any entity other than the applicable State and local health departments and the Centers for Disease Control and Prevention.
Reports— Any information relating to sample analyses included in a report submitted under subsection (e) shall not be made public.
VII New River Restoration
Sec. 27001 Short title
This title may be cited as the “California New River Restoration Act of 2020”.
Sec. 27002 Definitions
In this title:
Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.
Mexican— The term Mexican refers to the Federal, State, and local governments of the United Mexican States.
New River— The term New River means that portion of the New River, California, that flows north within the United States from the border of Mexico through Calexico, California, passes through the Imperial Valley, and drains into the Salton Sea.
Program— The term program means the California New River restoration program established under section 27003.
Restoration and protection— The term restoration and protection means the conservation, stewardship, and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend.
Sec. 27003 California New River restoration program establishment
Establishment— Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a program to be known as the “California New River restoration program”.
Duties— In carrying out the program, the Administrator shall—
implement projects, plans, and initiatives for the restoration and protection of the New River that are supported by the California-Mexico Border Relations Council, in consultation with applicable management entities, including representatives of the Calexico New River Committee, the California-Mexico Border Relations Council, the New River Improvement Project Technical Advisory Committee, the Federal Government, State and local governments, and regional and nonprofit organizations;
undertake activities that—
support the implementation of a shared set of science-based restoration and protection activities identified in accordance with paragraph (1);
target cost-effective projects with measurable results; and
maximize conservation outcomes with no net gain of Federal full-time equivalent employees; and
provide grants and technical assistance in accordance with section 27004.
Coordination— In establishing the program, the Administrator shall consult, as appropriate, with—
the heads of Federal agencies, including—
the Secretary of the Interior;
the Secretary of Agriculture;
the Secretary of Homeland Security;
the Administrator of General Services;
the Commissioner of U.S. Customs and Border Protection;
the Commissioner of the International Boundary Water Commission; and
the head of any other applicable agency;
the Governor of California;
the California Environmental Protection Agency;
the California State Water Resources Control Board;
the California Department of Water Resources;
the Colorado River Basin Regional Water Quality Control Board;
the Imperial Irrigation District; and
other public agencies and organizations with authority for the planning and implementation of conservation strategies relating to the New River.
Purposes— The purposes of the program include—
coordinating restoration and protection activities, among Mexican, Federal, State, local, and regional entities and conservation partners, relating to the New River; and
carrying out coordinated restoration and protection activities, and providing for technical assistance relating to the New River—
to sustain and enhance fish and wildlife habitat restoration and protection activities;
to improve and maintain water quality to support fish and wildlife, as well as the habitats of fish and wildlife;
to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat;
to improve opportunities for public access to, and recreation in and along, the New River consistent with the ecological needs of fish and wildlife habitat;
to maximize the resilience of natural systems and habitats under changing watershed conditions;
to engage the public through outreach, education, and citizen involvement, to increase capacity and support for coordinated restoration and protection activities relating to the New River;
to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities; and
to provide technical assistance to carry out restoration and protection activities relating to the New River.
Sec. 27004 Grants and assistance
In general— In carrying out the program, the Administrator shall provide grants and technical assistance to State and local governments, nonprofit organizations, and institutions of higher education, to carry out the purposes of the program.
Criteria— The Administrator, in consultation with the organizations described in section 27003(c), shall develop criteria for providing grants and technical assistance under this section to ensure that such activities accomplish one or more of the purposes identified in section 27003(d)(2).
Cost sharing—
Federal share— The Federal share of the cost of a project for which a grant is provided under this section shall not exceed 55 percent of the total cost of the activity, as determined by the Administrator.
Non-Federal share— The non-Federal share of the cost of a project for which a grant is provided under this section may be provided in the form of an in-kind contribution of services or materials that the Administrator determines are integral to the activity carried out using assistance authorized by this title.
Requirements— Sections 513 and 608 of the Federal Water Pollution Control Act (33 U.S.C. 1372; 1388) shall apply to the construction of any project or activity carried out, in whole or in part, under this title in the same manner those sections apply to a treatment works for which a grant is made available under the Federal Water Pollution Control Act.
Administration— The Administrator may enter into an agreement to manage the implementation of this section with the North American Development Bank or a similar organization that offers grant management services.
Sec. 27005 Annual reports
Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on the implementation of this title, including a description of each project that has received funding under this title and the status of all such projects that are in progress on the date of submission of the report.
VIII Other matters
Sec. 28001 COVID–19 Wastewater Surveillance Research Program
Findings— Congress finds the following:
Wastewater surveillance of COVID–19 is a rapidly evolving area of research that holds great promise as an early, cost-effective, unbiased community-level indicator of the presence of COVID–19.
Use of wastewater surveillance to assess increasing trends in the occurrence of COVID–19, especially in early detection, has been successfully demonstrated, however, additional research may help shed light on other areas where this tool can be helpful in providing useful information to public health and elected officials responding to the COVID–19 pandemic.
Grants— The Administrator of the Environmental Protection Agency shall establish a program to award research grants to eligible entities to investigate the use of wastewater surveillance of the genetic signal of SARS CoV–2 as an indicator of the distribution of COVID–19 in communities.
Eligible entities— Entities eligible to receive a grant under this section include wastewater utilities (including those that receive funding through a State water pollution control revolving fund established pursuant to title VI of the Federal Water Pollution Control Act), institutions of higher education, and public-private consortia focused on water research and technology.
Requirements— In carrying out subsection (b), the Administrator, in consultation with wastewater officials and public health officials, shall—
develop recommendations for—
sample plan design, sample collection, and sample preservation; and
consistent data collection practices and documentation that would allow data comparability;
support greater coordination in research to help better understand and address knowledge gaps;
support effective communication with the public, public health officials, elected officials, wastewater professionals, and the media, on the results of any wastewater surveillance for tracking trends relating to COVID–19; and
carry out such other activities as the Administrator determines appropriate.
Authorization of appropriations— There are authorized to be appropriated for fiscal years 2021 and 2022 such sums as may be necessary to carry out this section.
IX Other Matters
Sec. 29001 Smart water infrastructure investment grants
Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the following:
“222. Smart wastewater infrastructure technology
“(a) Policy—It is the policy of the United States to support the modernization of the Nation’s publicly owned treatment works to maintain reliable and affordable water quality infrastructure that addresses demand impacts, including resiliency to improve public health and natural resources.
“(b) Grants
“(1) Grants to treatment works—The Administrator shall make direct grants to owners and operators of publicly owned treatment works for planning, design, construction, and operations training of—
“(A) intelligent wastewater collection systems and stormwater management operations, including technologies that rely on—
“(i) real‐time monitoring, embedded intelligence, and predictive maintenance capabilities that improve the energy efficiency, reliability, and resiliency of wastewater pumping systems;
“(ii) real-time sensors that provide continuous monitoring of wastewater collection system water quality to support the optimization of stormwater and wastewater collection systems, with a priority for water quality impacts; and
“(iii) the use of artificial intelligence and other intelligent optimization tools that reduce operational costs, including operational costs relating to energy consumption and chemical treatment; and
“(B) innovative and alternative combined sewer and stormwater control projects, including groundwater banking, that rely upon real‐time data acquisition to support predictive aquifer recharge through water reuse and stormwater management capabilities.
“(2) Rural communities set-aside—Of amounts appropriated pursuant to subsection (h), the Administrator use not more than 20 percent to make grants to communities with populations not greater than 10,000.
“(c) Cost‐Share—The non-Federal share of the costs of an activity carried out using a grant under subsection (b) shall be 25 percent.
“(d) Exception—The Administrator may waive the cost‐share requirement of subsection (c) if the Administrator determines such cost‐share would be financially unreasonable due to a community’s ability to comply with such cost‐share requirement.
“(e) Program implementation
“(1) Guidance—Not later than 30 days after the date of enactment of this section, the Administrator shall issue guidance to owners and operators of publicly owned treatment works on how to apply for assistance.
“(2) Decision on applications—The Administrator shall make a determination of whether to make a grant to an applicant within 30 days of receipt of an application. In the case that the Administrator determines an application is deficient, the applicant shall be advised of any such deficiencies and provided the opportunity to resubmit the application.
“(3) Disbursement—A grant shall be made not later than 60 days after the date on which the Administrator approves an application.
“(f) Compliance with Buy America—The requirements of section 608 shall apply to funds granted under this section.
“(g) Report to Congress—Not later than 180 days after the date of enactment of this subsection, and annually thereafter, the Administrator shall submit to Congress a report describing projects funded under this section, results in improving the resiliency of publicly owned treatment works, and recommendations to improve the achievement of the program’s policy. For purposes of the first report to Congress, the Administrator shall report on the program’s implementation, including a description of projects approved and those disapproved. In providing such information, the Administrator shall detail the reasons that a project was not awarded assistance.
“(h) Authorization of appropriations—There is authorized to be appropriated $500,000,000 to carry out this section, to remain available until expended.”