Chesapeake Bay Program Reauthorization and Improvement Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act or CWA) to establish: (1) financial reporting requirements for restoration activities in the Chesapeake Bay watershed; and (2) the Independent Evaluation and Technical Advisory Committee to review and report on restoration activities in the Bay ecosystem and to provide recommendations to the Administrator of the Environmental Protection Agency (EPA) and the Secretary of the Department of Agriculture (USDA) on such activities. Authorizes appropriations for FY2010-FY2015.
Authorizes a total maximum daily load (TMDL) for nitrogen, phosphorus, or sediment for the Bay and its tributaries to include load expressions for wasteload allocations or load allocations using time frames other than daily for sectors where non-daily allocations are most appropriate to implement applicable water quality standards. Sets forth provisions governing issuing National Pollutant Discharge Elimination System permits for discharges that include waste load allocations that are consistent with TMDL plans.
Authorizes individuals or entities undertaking land development activities to be permitted to meet requirements for managing stormwater by on-site infiltration by paying to offset them through the establishment of equivalent stormwater management practices off-site within the Bay ecosystem.
Establishes an independent Chesapeake Bay Nutrient and Sediment Trading Commission in the Office of the Chesapeake Bay Program to: (1) administer the nitrogen and phosphorus trading program for Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia, and the District of Columbia to ensure that credits are generated to attract market participants and facilitate trading mechanisms among and within such jurisdictions to meet water quality goals; (2) operate a registry for interstate water quality trading; and (3) develop a system to allow for trading to occur between point source and non-point source dischargers in Bay states. Terminates the Commission on September 30, 2015.
Amends the Food Security Act of 1985 to require the Secretary to: (1) establish standards for risk assessment, conservation planning, verification, water quality, and auditing practices that states can incorporate into their Chesapeake Bay management plan under the CWA; (2) provide conservation technical assistance to educate agricultural and private forest landowners in the Bay regarding water quality requirements; (3) publish a list of eligible agricultural and forestry activities that result in environmental service benefits; and (4) establish a pilot program for the Bay watershed for the facilitation of creating environmental service markets.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5509 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5509
To support efforts to reduce pollution of the Chesapeake Bay watershed
and to verify that reductions in pollution have been achieved, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2010
Mr. Holden (for himself and Mr. Goodlatte) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To support efforts to reduce pollution of the Chesapeake Bay watershed
and to verify that reductions in pollution have been achieved, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Chesapeake Bay
Program Reauthorization and Improvement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Modification of Chesapeake Bay Program under Clean Water Act.
Sec. 3. Establishment of independent commission to oversee and
administer nutrient and sediment trading
program for Chesapeake Bay States.
Sec. 4. Chesapeake Bay watershed assurance standards.
Sec. 5. Technical guidelines for environmental services markets.
Sec. 6. Chesapeake Bay watershed pilot program for creating
environmental service markets.
SEC. 2. MODIFICATION OF CHESAPEAKE BAY PROGRAM UNDER CLEAN WATER ACT.
(a) Definitions.--Section 117(a) of the Federal Water Pollution
Control Act (33 U.S.C. 1267(a)) is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (9), respectively;
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Chesapeake bay state.--The term `Chesapeake Bay
State' or `State' means Delaware, Maryland, New York,
Pennsylvania, Virginia, West Virginia, and the District of
Columbia.''; and
(3) by inserting after paragraph (6), as redesignated, the
following new paragraphs:
``(7) Chief executive.--The term `chief executive' means--
``(A) in the case of a State or Commonwealth, the
Governor of the State or Commonwealth; and
``(B) in the case of the District of Columbia, the
Mayor of the District of Columbia.
``(8) Restoration activities.--The term `restoration
activities' means any Federal or State programs that directly
protect, conserve, or restore habitat, water resources, or
water quality in the Chesapeake Bay watershed, including
programs that promote responsible land use and stewardship in
the Chesapeake Bay ecosystem.''.
(b) Chesapeake Bay Crosscut Financial Report.--Section 117 of the
Federal Water Pollution Control Act (33 U.S.C. 1267) is amended by
striking subsection (j) and inserting the following new subsection:
``(j) Financial Report.--
``(1) Financial report required.--Beginning with the budget
submission for fiscal year 2012, the Director of the Office of
Management and Budget, in consultation with other appropriate
Federal agencies and the chief executive of each Chesapeake Bay
State, shall submit to Congress a financial report containing--
``(A) a summary of an interagency crosscut budget
that displays--
``(i) the proposed funding for any Federal
restoration activity to be carried out in the
succeeding fiscal year, including any planned
interagency or intra-agency transfer, for each
of the Federal agencies that carry out
restoration activities;
``(ii) to the extent that information is
available, the estimated funding for any State
restoration activity to be carried out in the
succeeding fiscal year;
``(iii) all expenditures for Federal
restoration activities from the preceding 3
fiscal years, the current fiscal year, and the
succeeding fiscal year; and
``(iv) all expenditures, to the extent that
information is available, for State restoration
activities during the equivalent time period
described in clause (iii);
``(B) a detailed accounting of all funds received
and obligated by all Federal agencies for restoration
activities during the current and preceding fiscal
years, including the identification of funds which were
transferred to a Chesapeake Bay State for restoration
activities;
``(C) to the extent that information is available,
a detailed accounting from each State of all funds
received and obligated from a Federal agency for
restoration activities during the current and preceding
fiscal years; and
``(D) a description of each of the proposed Federal
and State restoration activities to be carried out in
the succeeding fiscal year (corresponding to those
activities listed in clauses (i) and (ii) of
subparagraph (A)).
``(2) Submission.--Not later than 30 days after the
submission by the President of the annual budget to Congress,
the Director shall submit the report required by paragraph (1)
to the following congressional committees:
``(A) The Committees on Agriculture,
Appropriations, Natural Resources, Energy and Commerce,
and Transportation and Infrastructure of the House of
Representatives.
``(B) The Committees on Agriculture, Nutrition, and
Forestry, Appropriations, Environment and Public Works,
and Commerce, Science, and Transportation of the
Senate.''.
(c) Transparency and Accountability.--Section 117 of the Federal
Water Pollution Control Act (33 U.S.C. 1267) is amended by adding at
the end the following new subsection:
``(k) Transparency and Accountability Requirements.--
``(1) State reports.--Not later than 10 days after the end
of each calendar quarter, each State that received funds from a
Federal agency under subsection (n)(1)(B) shall submit a report
to the head of the agency that--
``(A) identifies the total amount of funds received
from the agency under such provisions during the
preceding calendar quarter;
``(B) identifies the amount of funds received from
the agency under such provisions during the preceding
calendar quarter or earlier that were obligated or
expended for projects or activities during the
preceding calendar quarter; and
``(C) contains a list of all projects or activities
for which the funds were obligated or expended, except
that such list shall not include personal identifying
information of individual recipients.
``(2) Agency reports.--Not later than 30 days after the end
of each calendar quarter, the head of each Federal agency that
made funds available under subsection (n)(1)(B) to any State
shall provide the information received in reports submitted
under paragraph (1) to the Administrator. The Administrator
shall publish the information on a publicly available website,
as provided in paragraph (4).
``(3) Initial compliance.--Not later than 180 days after
the date of the enactment of the Chesapeake Bay Program
Reauthorization and Improvement Act, the head of each Federal
agency providing funds under subsection (n)(1)(B) shall
require, as a condition of receipt of the funds, a State
recipient of the funds to provide the information required
under paragraph (1).
``(4) Website.--
``(A) Website required.--The Administrator shall
establish and maintain, no later than 30 days after
enactment of the Chesapeake Bay Program Reauthorization
and Improvement Act, a user-friendly, public-facing
website to foster greater accountability and
transparency in the use of funds provided under
subsection (n)(1)(B).
``(B) Content and function.--The website shall
provide the following:
``(i) Accountability information, including
findings from audits, inspectors general, and
the Government Accountability Office.
``(ii) Data on relevant economic,
financial, grant, and contract information in
user-friendly visual presentations to enhance
public awareness of the use of covered funds.
``(iii) Links to other government websites
where key information relating to efforts to
improve the water quality of the Chesapeake Bay
watershed may be found.
``(iv) Printable reports on covered funds
obligated by month to each State and
congressional district.
``(v) Links to other government websites
with information concerning covered funds,
including Federal agency and State websites.
``(C) Revisions.--The Administrator shall enhance
and update the website as necessary.''.
(d) Independent Evaluation and Technical Advisory Committee for
Chesapeake Bay Program.--Section 117 of the Federal Water Pollution
Control Act (33 U.S.C. 1267) is amended by inserting after subsection
(k), as added by subsection (c), the following new subsection:
``(l) Independent Evaluation and Technical Advisory Committee.--
``(1) Establishment; purpose.--There shall be an
Independent Evaluation and Technical Advisory Committee (in
this subsection referred to as the `advisory committee')
established to review and report on restoration activities in
the Chesapeake Bay ecosystem, including relevant topics
suggested by the Chesapeake Executive Council and the
Chesapeake Bay Commission
``(2) Appointment.--The Administrator and the Secretary of
Agriculture shall appoint the members of the advisory
committee, which shall consist of the following members:
``(A) One individual affiliated with an institution
of higher education who has expertise in water quality.
``(B) Two individuals who are engineers or
scientists from government and academia who have
expertise in water quality modeling.
``(C) Two individuals with professional experience
and expertise concerning urban and agricultural storm
water issues.
``(D) One individual with professional experience
and expertise concerning urban and suburban
development.
``(E) One individual with professional experience
and expertise regarding water quality modeling.
``(F) One individual affiliated with an
environmental or conservation organization.
``(G) One individual affiliated with agriculture
farm commodity programs.
``(H) One individual affiliated with agriculture
conservation programs.
``(I) One individual with professional experience
and expertise in economics.
``(J) One individual with professional experience
and expertise in agronomy, crop science, or soil
science.
``(K) One individual with professional experience
and expertise in wastewater treatment systems.
``(L) One individual with professional experience
and expertise in marine biology or fish and wildlife
habitats.
``(M) One individual with professional experience
and expertise in implementing building permits.
``(3) Term.--A member of the advisory committee shall be
appointed for a term of two years and is limited to three terms
on the advisory committee.
``(4) Bylaws.--The advisory committee shall establish such
bylaws as may be appropriate to enable the advisory committee
to carry out its duties under this subsection. Such bylaws
shall include provisions to prevent any conflict of interest,
or the appearance of any conflict of interest, in the actions
taken or recommendations made by the advisory committee or by
any member. As an advisory committee, the committee has no
power to promulgate regulations.
``(5) Administrative support.--The Department of
Agriculture shall be the administering agency for the advisory
committee.
``(6) Duties.--
``(A) Administration review.--The advisory
committee shall provide recommendations to the
Administrator and Secretary of Agriculture concerning
administration of this section.
``(B) Program and activities review.--The advisory
committee shall review, and provide recommendations to
the Administrator and Secretary of Agriculture
concerning, whether--
``(i) funds authorized for the restoration
activities are distributed and used in a manner
that are consistent with the objectives of
improving the water quality in the Chesapeake
Bay ecosystem;
``(ii) mechanisms are in place to ensure
that restoration activities are properly
implemented;
``(iii) mechanisms are in place to ensure
that progress toward water quality goals for
the Chesapeake Bay ecosystem are achieved;
``(iv) the allocation of funds reflects
each Chesapeake Bay State's responsibility and
contribution towards achieving water quality
goals;
``(v) restoration activities are carried
out in accordance with this section; and
``(vi) the factual information and
assumptions incorporated in the Chesapeake Bay
model are accurate.
``(C) Report.--Not later than December 31, 2011,
and every two years thereafter, the advisory committee
shall submit to the Administrator, the Secretary of
Agriculture, and Congress regarding progress made
toward reaching water quality goals in the Chesapeake
Bay ecosystem.
``(7) Coordination.--To avoid duplication of effort, the
advisory committee shall coordinate activities with other
Federal advisory committees working in related areas.
``(8) Meetings.--The advisory committee shall meet at least
quarterly.
``(9) No regulatory authority.--The advisory committee does
not have the authority to recommend or promulgate
regulations.''.
(e) Nutrient and Sediment Trading Technical Guidelines.--Section
117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is
amended by inserting after subsection (l), as added by subsection (d),
the following new subsection:
``(m) Nutrient and Sediment Trading Technical Guidelines.--
``(1) Establishment.--Not later than May 12, 2012, the
Administrator, in consultation with the Secretary of
Agriculture and Chesapeake Bay States shall establish technical
guidelines to be used by the Chesapeake Bay Nutrient and
Sediment Trading Commission in establishing an interstate
nutrient and sediment trading program for the Chesapeake Bay.
Such guidelines shall not apply to agricultural and non-
industrial private forest lands.
``(2) Elements.--The technical guidelines established under
this subsection shall, at a minimum--
``(A) define and standardize nutrient and sediment
credits and establish procedures or standards for
ensuring equivalent water quality benefits for all
credits;
``(B) establish procedures or standards for
nutrient and sediments credits to ensure that credit-
generating practices from both point sources and
nonpoint sources (excluding agricultural and forest
lands) are achieving reductions in nutrient and
sediments;
``(C) establish procedures or standards for
generating, quantifying, trading, banking, and applying
credits to meet regulatory requirements;
``(D) establish baseline requirements, relevant to
the credit being traded, that a credit seller must meet
before becoming eligible to generate saleable credits;
and
``(E) incorporate an approach under the national
pollutant discharge elimination system established
under section 402 that creates a general approval for
trading, thereby avoiding the need to reopen or reissue
permits to incorporate individual trades.''.
(f) Authorization of Appropriations and Grant Authority.--Section
117 of the Federal Water Pollution Control Act (33 U.S.C. 1267) is
amended by inserting after subsection (m), as added by subsection (e),
the following new subsection:
``(n) Authorization of Appropriations; Grants.--
``(1) In general.--There are authorized to be appropriated
to the Administrator for each of fiscal years 2010 through
2015--
``(A) such sums as are necessary to carry out this
section; and
``(B) such sums as may be necessary to support the
Chesapeake Bay States in carrying out section 303(d),
with priority given to Maryland, Virginia,
Pennsylvania, and District of Columbia, which shall be
distributed in the following percentages and for the
following purposes:
``(i) 30 percent for grants to any
municipal, intermunicipal, interstate, or State
agency for construction of publicly owned
treatment works, as defined in section 212.
``(ii) 35 percent for grants to any
municipality that operates a municipal separate
stormwater sewage system under section 402(p).
``(iii) 35 percent to the Secretary of
Agriculture to carry out section 1240Q(i) of
the Food Security Act of 1985 (16 U.S.C.
3839bb-4(i)).
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization of appropriations in paragraph (1) shall
remain available until expended.
``(3) Reservation of funds for states.--
``(A) Reservation percentages.--Of the amounts
appropriated pursuant to the authorization of
appropriations in paragraph (1)(B), the Administrator
shall reserve the following percentages for allocation
pursuant to subparagraph (B):
``(i) 10 percent in fiscal year 2011.
``(ii) 20 percent in fiscal year 2013.
``(iii) 50 percent in fiscal year 2015.
``(B) Allocation to states.--The Administrator
shall allot the amounts reserved pursuant to
subparagraph (A) among States in each fiscal year based
on the Administrator's finding, in consultation with
the Secretary of Agriculture, that the States have made
sufficient progress toward meeting water quality goals
and are properly managing financial resources intended
to enable each State in meeting its water quality
goals. The Administrator, in consultation with the
Secretary, shall base the finding upon the report of
the advisory committee required under subsection
(l).''.
(g) Total Maximum Daily Load for Nitrogen, Phosphorus, or Sediment
for Chesapeake Bay.--Section 117 of the Federal Water Pollution Control
Act (33 U.S.C. 1267) is amended by inserting after subsection (n), as
added by subsection (f), the following new subsection:
``(o) Total Maximum Daily Load for Nitrogen, Phosphorus, or
Sediment for Chesapeake Bay.--
``(1) TMDL duration.--A total maximum daily load
established under section 303(d) for nitrogen, phosphorus, or
sediment for the Chesapeake Bay and its tributaries may include
load expressions for wasteload allocations or load allocations
using time frames other than daily (such as annual, monthly, or
seasonal) for sectors, including agriculture, where non-daily
wasteload or load allocations are most appropriate to implement
applicable water quality standards.
``(2) Adaptive management.--If a Chesapeake Bay State
develops a plan to implement a total maximum daily load under
section 303(d) for phosphorus, nitrogen, or sediment for the
Chesapeake Bay or its tributaries that provides for reductions
in loading through an iterative process that employs adaptive
management principles, permits may be issued under section 402
for new or existing discharges that include waste load
allocations consistent with the plan and that demonstrate
progress towards achieving the waste load allocation, whether
by treatment, trading, or other means, in accordance with the
schedule provided in the plan, as determined by the permit
issuing authority. In assessing sufficient progress by
municipal dischargers and other point sources toward meeting
water quality goals and plans, the Administrator and the States
should take into account the availability, cost, effectiveness,
and appropriateness of practices, techniques, methods, or other
provisions for the control of such pollutants to meet the
requirements of section 402(p).
``(3) Options for offsetting of stormwater management
requirements.--In order to meet Federal or State water quality
requirements in the Chesapeake Bay ecosystem, an individual or
entity undertaking land development activities requiring the
management of stormwater by on-site infiltration shall be
permitted to meet the applicable infiltration requirements by
paying to offset them through the establishment of equivalent
stormwater management practices off-site within the Chesapeake
Bay ecosystem. Offsetting stormwater management practices shall
include, at a minimum, the establishment on agricultural lands
of riparian forest buffers, streambank fencing, or other best
management practices.''.
SEC. 3. ESTABLISHMENT OF INDEPENDENT COMMISSION TO OVERSEE AND
ADMINISTER NUTRIENT AND SEDIMENT TRADING PROGRAM FOR
CHESAPEAKE BAY STATES.
The Federal Water Pollution Control Act is amended by inserting
after section 117 (33 U.S.C. 1267) the following new section:
``SEC. 117A. CHESAPEAKE BAY NUTRIENT AND SEDIMENT TRADING COMMISSION.
``(a) Definitions.--In this section:
``(1) Commission.--The term `Commission' means the
Chesapeake Bay Nutrient and Sediment Trading Commission.
``(2) Chesapeake bay state.--The term `Chesapeake Bay
State' means Delaware, Maryland, New York, Pennsylvania,
Virginia, West Virginia, and the District of Columbia.
``(3) Chesapeake executive council.--The term `Chesapeake
Executive Council' means the signatories to the Chesapeake Bay
Agreement.
``(4) Chesapeake bay agreement.--The term `Chesapeake Bay
Agreement' means the formal, voluntary agreements executed to
achieve the goal of restoring and protecting the Chesapeake Bay
ecosystem and the living resources of the Chesapeake Bay
ecosystem and signed by the Chesapeake Executive Council.
``(5) Nutrient.--The term `nutrient' means nitrogen and
phosphorous.
``(b) Establishment of Commission; Purpose.--
``(1) In general.--There is established a Chesapeake Bay
Nutrient and Sediment Trading Commission to oversee and
administer the nitrogen and phosphorus trading program for the
Chesapeake Bay States to insure credits are generated to
attract market participants and facilitate trading mechanisms
among and within States to meet water quality goals.
``(2) Independent establishment.--The Commission shall be
an independent establishment, as defined in section 104 of
title 5, United States Code.
``(3) Location.--The Commission shall be housed at the
Office of the Chesapeake Bay Program directed by the Chesapeake
Executive Council in accordance with the Chesapeake Bay
Agreement.
``(c) Duties.--
``(1) Credits for water quality trading.--In consultation
with market developers and appropriate Federal agencies, the
Commission shall develop a system to facilitate and generate
credits for interstate water quality trading in the Chesapeake
Bay States.
``(2) Water quality trading registry.--The Commission shall
obtain information from the Administrator, the Secretary of
Agriculture, and other Federal agencies to operate and oversee
a registry for interstate water quality trading in the
Chesapeake Bay States.
``(3) Trade recordkeeping.--The Commission shall develop
and maintain a system to record specific interstate water
quality trades in the Chesapeake Bay States.
``(4) Point source and non-point source trades.--In
consultation with market developers and appropriate Federal
agencies, the Commission shall develop a system to allow for
trading to occur between point source and non-point source
dischargers in the Chesapeake Bay States.
``(5) Consistency with state program.--The Commission shall
not establish or operate a program that conflicts with or
modifies a State program.
``(d) Use of Technical Guidelines.--The Commission shall rely on
the Administrator to provide technical guidelines under section 117(m)
and the Secretary of Agriculture to provide technical guidelines under
section 1245(b) of the Food Security Act of 1985 (16 U.S.C. 3845(b)).
``(e) Members of Commission.--
``(1) Composition.--The Commission shall consist of five
members, of which--
``(A) one member shall be appointed by the
Secretary of Agriculture;
``(B) one member shall be appointed by the
Administrator of the Environmental Protection Agency;
and
``(C) three members shall be appointed by the
governors from each of the signatory States of the Bay
Agreement.
``(2) Special considerations.--With regard to the members
appointed under paragraph (1)(C)--
``(A) one member shall be a representative of the
general public;
``(B) not more than two of the members may have
similar professional experience or expertise in the
same field; and
``(C) at least one of the members shall be
experienced in a market based pollutant trading
mechanism.
``(3) Terms.--The members of the Commission shall serve a
term of five years and may be reappointed.
``(4) Chairperson.--The members of the Commission shall
designate one of the members to serve as chairperson.
``(5) Meetings.--The Commission shall meet at the call of
the chairperson or a majority of its members.
``(f) Officers and Staff.--The Commission may appoint, employ, fix
the pay of, and provide other allowances and benefits for such officers
and employees of the Commission as the members determine to be
appropriate.
``(g) Duration.--The Commission shall terminate on September 30,
2015.''.
SEC. 4. CHESAPEAKE BAY WATERSHED ASSURANCE STANDARDS.
Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4)
is amended by adding at the end the following new subsection:
``(i) Chesapeake Bay Watershed Assurance Standards.--
``(1) Purpose.--The purpose of this subsection is to
develop environmental assurance standards for the Chesapeake
Bay States to use to ensure that farmers and non-industrial
private forest landowners in the Chesapeake Bay watershed are
implementing conservation activities to fulfill water quality
regulations under applicable Federal and State law.
``(2) Duties of secretary.--
``(A) Establishment of standards.--For the purposes
of this section, the Secretary shall use existing State
partnerships and programs to establish standards for
risk assessment, conservation planning, verification,
water quality, and auditing practices that Chesapeake
Bay States can incorporate in their State management
plan under section 117(g)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1267(g)(1)).
``(B) Technical assistance.--The Secretary shall
provide conservation technical assistance--
``(i) to educate agricultural and private
forest landowners in the Chesapeake Bay
watershed regarding State and Federal
regulatory water quality requirements and
possible activities they could undertake to
come into compliance with the regulations; and
``(ii) to assist such landowners in
conservation planning that will achieve and
maintain regulatory compliance.
``(C) Memorandum of understanding.--The Secretary
may enter into a memorandum of understanding with the
Administrator of the Environmental Protection Agency
and with the Chesapeake Bay States to coordinate
conservation planning for agricultural and non-
industrial private forest lands to meet applicable
State water quality requirements.
``(3) Effect of assurance standards.--Agricultural and
private forest landowners who develop and implement a
conservation plan in accordance with this subsection shall be
deemed to be in full compliance with applicable Federal and
State water quality requirements under section 303(d) of the
Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
``(4) Definitions.--In this subsection:
``(A) Chesapeake bay state.--The term `Chesapeake
Bay State' means Delaware, Maryland, New York,
Pennsylvania, Virginia, West Virginia, and the District
of Columbia.
``(B) Conservation planning.--The term
`conservation planning' has the same meaning as
established for such term in the Natural Resources
Conservation Service field office technical guide,
comprehensive nutrient management plans, and nutrient
management plans.''.
SEC. 5. TECHNICAL GUIDELINES FOR ENVIRONMENTAL SERVICES MARKETS.
(a) Types of Guidelines Required.--
(1) Additional guidelines.--Section 1245(b) of the Food
Security Act of 1985 (16 U.S.C. 3845(b)) is amended by striking
paragraphs (1), (2), and (3) and inserting the following new
paragraphs:
``(1) Methodologies for quantifying environmental service
benefits.
``(2) Baseline methodologies for environmental service
benefits.
``(3) Methodologies to account for reversals and leakage
for environmental services markets.
``(4) Methodologies for verification of the environmental
service benefits.
``(5) A protocol to report environmental service benefits.
``(6) A registry to collect, record, and maintain the
benefits measured.
``(7) A procedure to verify and ensure compliance of the
environmental service benefits.''.
(2) Conforming amendments.--Section 1245(c)(1) of the Food
Security Act of 1985 (16 U.S.C. 3845(c)(1)) is amended--
(A) by striking ``paragraph (2)'' and inserting
``paragraph (5)''; and
(B) by striking ``paragraph (3)'' and inserting
``paragraph (6)''.
(b) Additional Requirements.--Section 1245 of the Food Security Act
of 1985 (16 U.S.C. 3845) is amended by adding at the end the following
new subsections:
``(f) List of Eligible Activities.--
``(1) List required.--The Secretary shall publish a list of
eligible domestic agricultural and forestry activities that
result in environmental service benefits.
``(2) Deadline; publication.--Not later than 14 months
after the date of the enactment of the Chesapeake Bay Program
Reauthorization and Improvement Act, the Secretary shall
publish in the Federal Register the list of domestic
agricultural and forestry activities that are eligible for the
guidelines established under subsection (a).
``(3) Recommendations.--In preparing the list under this
subsection, the Secretary shall take into consideration the
recommendations of the entities referred to in subsection (e).
``(4) Additions and revisions.--Not later than four years
after the date of the enactment of the Chesapeake Bay Program
Reauthorization and Improvement Act, and every two years
thereafter, the Secretary shall add to and revise the list
prepared under this subsection. The additions and revisions
shall be made only after the Secretary provides an opportunity
for public notice of and an opportunity for comment on the
proposed additions and revisions.
``(g) Guidelines for Provision of Technical Assistance.--
``(1) Verification guidelines.--As part of the regulations
promulgated under this title, the Secretary shall establish
guidelines for the provision of technical assistance to
ensure--
``(A) that environmental service benefits have been
implemented properly; and
``(B) the quantification of the benefits have
resulted in an environmental benefit.
``(2) Technical assistance provider accreditation.--As part
of the regulations promulgated under this title, the Secretary
shall establish a process and requirements for periodic
accreditation of certified technical assistance providers for
environmental service benefits to ensure that those technical
service providers are professionally qualified and have no
conflicts of interest. Each technical service provider meeting
the requirements for accreditation in accordance with this
paragraph shall be listed in a publicly accessible database,
which shall be maintained and updated by the Secretary.''.
SEC. 6. CHESAPEAKE BAY WATERSHED PILOT PROGRAM FOR CREATING
ENVIRONMENTAL SERVICE MARKETS.
Section 1240Q of the Food Security Act of 1985 (16 U.S.C. 3839bb-4)
is amended by inserting after subsection (i), as added by section 102,
the following new subsection:
``(j) Pilot Program for Creating Environmental Service Markets.--
``(1) Establishment.--The Secretary shall establish a pilot
program for the Chesapeake Bay watershed for the facilitation
of creating environmental service markets based on the
guidelines outlined in section 1245 as long as those
environmental service benefits do not result in taking eligible
land wholly out of agricultural production. The Secretary shall
ensure that the pilot program is consistent with the policies,
protocols, and regulations established under existing
environmental service markets in the Chesapeake Bay watershed.
``(2) Transmission of data to chesapeake bay nutrient and
sediment trading commission.--The Secretary shall transmit to
the Chesapeake Bay Nutrient and Sediment Trading Commission
such data acquired by the Secretary as may be necessary to the
effective administration of nutrient and sediment trading
programs administered by the Commission under section 117A of
the Federal Water Pollution Control Act.''.
<all>
Introduced in House
Introduced in House
Referred to House Transportation and Infrastructure
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Agriculture
Referred to the Subcommittee on Water Resources and Environment.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
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