View all text of Subchapter I [§ 1251 - § 1276b]
§ 1276b. Puget Sound
(a) DefinitionsIn this section:
(1) Coastal Nonpoint Pollution Control Program
(2) Director
(3) Federal Action Plan
(4) International Joint Commission
(5) Pacific Salmon Commission
(6) Program Office
(7) Puget Sound Action Agenda; Action Agenda
(8) Puget Sound Federal Leadership Task Force
(9) Puget Sound Federal Task Force
(10) Puget Sound National Estuary Program Management Conference
(11) Puget Sound Partnership
(12) Puget Sound region
(A) In general
(B) Inclusion
(13) Puget Sound Tribal Management Conference
(14) Salish Sea
(15) Salmon Recovery Plans
(16) State Advisory Committee
(17) Treaty Rights at Risk Initiative
(b) Puget Sound Recovery National Program Office
(1) Establishment
(2) Director
(A) In generalThere shall be a Director of the Program Office, who shall have leadership and project management experience and shall be highly qualified to—
(i) direct the integration of multiple project planning efforts and programs from different agencies and jurisdictions; and
(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes under the Action Agenda.
(B) Position
(3) Delegation of authority; staffing
(4) DutiesThe Director shall—
(A) coordinate and manage the timely execution of the requirements of this section, including the formation and meetings of the Puget Sound Federal Leadership Task Force;
(B) coordinate activities related to the restoration and protection of the Puget Sound across the Environmental Protection Agency;
(C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;
(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and protection of the Puget Sound;
(E) serve on the Puget Sound Federal Leadership Task Force and collaborate with, help coordinate, and implement activities with other Federal agencies that have responsibilities involving the restoration and protection of the Puget Sound;
(F) provide or procure such other advice, technical assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary or prudent to most efficiently and effectively fulfill the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, consistent with the best available science, to ensure the health of the Puget Sound ecosystem;
(G) track the progress of the Environmental Protection Agency toward meeting the agency’s specified objectives and priorities within the Action Agenda and the Federal Action Plan;
(H) implement the recommendations of the Comptroller General set forth in the report entitled “Puget Sound Restoration: Additional Actions Could Improve Assessments of Progress” and dated July 19, 2018;
(I) serve as liaison and coordinate activities for the restoration and protection of the Salish Sea with Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission; and
(J) carry out such additional duties as the Director determines necessary and appropriate.
(c) Puget Sound Federal Leadership Task Force
(1) Establishment
(2) Membership
(A) CompositionThe Puget Sound Federal Leadership Task Force shall be composed of the following members:
(i) The following individuals appointed by the Secretary of Agriculture:(I) A representative of the National Forest Service.(II) A representative of the Natural Resources Conservation Service.
(ii) A representative of the National Oceanic and Atmospheric Administration appointed by the Secretary of Commerce.
(iii) The following individuals appointed by the Secretary of Defense:(I) A representative of the Corps of Engineers.(II) A representative of the Joint Base Lewis-McChord.(III) A representative of the Commander, Navy Region Northwest.
(iv) The Director of the Program Office.
(v) The following individuals appointed by the Secretary of Homeland Security:(I) A representative of the Coast Guard.(II) A representative of the Federal Emergency Management Agency.
(vi) The following individuals appointed by the Secretary of the Interior:(I) A representative of the Bureau of Indian Affairs.(II) A representative of the United States Fish and Wildlife Service.(III) A representative of the United States Geological Survey.(IV) A representative of the National Park Service.
(vii) The following individuals appointed by the Secretary of Transportation:(I) A representative of the Federal Highway Administration.(II) A representative of the Federal Transit Administration.
(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members of the Puget Sound Federal Leadership Task Force determines necessary.
(B) Qualifications
(C) Co-chairs
(i) In generalThe following members of the Puget Sound Federal Leadership Task Force shall serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:(I) The representative of the National Oceanic and Atmospheric Administration.(II) The Director of the Program Office.(III) The representative of the Corps of Engineers.
(ii) Leadership
(3) Duties
(A) General dutiesThe Puget Sound Federal Leadership Task Force shall—
(i) uphold Federal trust responsibilities to restore and protect resources crucial to Tribal treaty rights, including by carrying out government-to-government consultation with Indian tribes when requested by such tribes;
(ii) provide a venue for dialogue and coordination across all Federal agencies represented by a member of the Puget Sound Federal Leadership Task Force to align Federal resources for the purposes of carrying out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by—(I) enabling and encouraging such agencies to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;(II) facilitating the coordination of Federal activities that impact such restoration and protection;(III) facilitating the delivery of feedback given by such agencies to the Puget Sound Partnership during the development of the Action Agenda;(IV) facilitating the resolution of interagency conflicts associated with such restoration and protection among such agencies;(V) providing a forum for exchanging information among such agencies regarding activities being conducted, including obstacles or efficiencies found, during restoration and protection activities; and(VI) promoting the efficient use of government resources in pursuit of such restoration and protection through coordination and collaboration, including by ensuring that the Federal efforts relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government;
(iii) catalyze public leaders at all levels to work together toward shared goals by demonstrating interagency best practices coming from such agencies;
(iv) provide advice and support on scientific and technical issues and act as a forum for the exchange of scientific information about the Puget Sound;
(v) identify and inventory Federal environmental research and monitoring programs related to the Puget Sound, and provide such inventory to the Puget Sound National Estuary Program Management Conference;
(vi) ensure that Puget Sound restoration and protection activities are as consistent as practicable with ongoing restoration and protection and related efforts in the Salish Sea that are being conducted by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission;
(vii) ensure that Puget Sound restoration and protection activities are consistent with national security interests;
(viii) establish any working groups or committees necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to public policy and scientific issues; and
(ix) raise national awareness of the significance of the Puget Sound.
(B) Puget Sound Federal Action Plan
(i) In general
(ii) Revision of Puget Sound Federal Action Plan
(C) Feedback by Federal agenciesIn facilitating feedback under subparagraph (A)(ii)(III), the Puget Sound Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions within the Puget Sound region designed to—
(i) further the goals, targets, and actions of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program;
(ii) as applicable, implement and enforce this chapter, the Endangered Species Act of 1973 [16 U.S.C. 1531 et seq.], and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including those that protect Tribal treaty rights;
(iii) prevent the introduction and spread of invasive species;
(iv) protect marine and wildlife habitats;
(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;
(vi) promote resilience to climate change and ocean acidification effects;
(vii) restore fisheries so that they are sustainable and productive;
(viii) preserve biodiversity;
(ix) restore and protect ecosystem services that provide clean water, filter toxic chemicals, and increase ecosystem resilience; and
(x) improve water quality, including by preventing and managing stormwater runoff, incorporating erosion control techniques and trash capture devices, using sustainable stormwater practices, and mitigating and minimizing nonpoint source pollution, including marine litter.
(4) Participation of State Advisory Committee and Puget Sound Tribal Management Conference
(5) Meetings
(A) Initial meetingThe Puget Sound Federal Leadership Task Force shall meet not later than 180 days after December 23, 2022—
(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
(C) Working group meetings
(D) Joint meetingsThe Puget Sound Federal Leadership Task Force—
(i) shall offer to meet jointly with the Puget Sound National Estuary Program Management Conference and the Puget Sound Tribal Management Conference, at a minimum, once per year; and
(ii) may consider such a joint meeting to be a biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B).
(E) Quorum
(F) Voting
(6) Puget Sound Federal Leadership Task Force procedures and advice
(A) Advisors
(B) Compensation
(C) Travel expenses
(7) Puget Sound Federal Task Force
(A) In general
(B) Use of previous work
(d) State Advisory Committee
(1) Establishment
(2) Membership
(e) Puget Sound Federal Leadership Task Force biennial report on Puget Sound restoration and protection activities
(1) In general
(2) ContentsThe report submitted under paragraph (1) shall include a description of the following:
(A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.
(B) If available, the roles and progress of Tribal governments that have jurisdiction in the Puget Sound region relating to meeting the identified objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program.
(C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines.
(D) A summary of progress made by Federal agencies toward the priorities identified in the Federal Action Plan.
(f) Tribal rights and consultation
(1) Preservation of tribal treaty rights
(2) Consultation
(g) Consistency
(1) In generalActions authorized or implemented under this section shall be consistent with—
(A) the Salmon Recovery Plans;
(B) the Coastal Nonpoint Pollution Control Program; and
(C) the water quality standards of the State of Washington approved by the Administrator under section 1313 of this title.
(2) Federal actionsAll Federal agencies represented on the Puget Sound Federal Leadership Task Force shall act consistently with the protection of Tribal, treaty-reserved rights and, to the greatest extent practicable given such agencies’ existing obligations under Federal law, act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery Plans, the Treaty Rights at Risk Initiative, and the Coastal Nonpoint Pollution Control Program, when—
(A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use or natural resources of the Puget Sound region, including activities performed by a contractor for the benefit of a Federal agency;
(B) interpreting and enforcing regulations that impact the restoration and protection of the Puget Sound;
(C) issuing Federal licenses or permits that impact the restoration and protection of the Puget Sound; and
(D) granting Federal assistance to State, local, and Tribal governments for activities related to the restoration and protection of the Puget Sound.
(June 30, 1948, ch. 758, title I, § 126, as added Pub. L. 117–263, div. H, title LXXXV, § 8501(b), Dec. 23, 2022, 136 Stat. 3847.)