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[106th Congress Public Law 284]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ284.106]

[[Page 870]]

     BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

[[Page 114 STAT. 871]]

Public Law 106-284
106th Congress

                                 An Act

 
To amend the Federal Water Pollution Control Act to improve the quality 
 of coastal recreation waters, and for other purposes. <<NOTE: Oct. 10, 
                          2000 -  [H.R. 999]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Beaches 
Environmental Assessment and Coastal Health Act of 2000. Inter-
governmental relations. Public health and safety. 33 USC 1251 note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Assessment and 
Coastal Health Act of 2000''.

SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND 
            STANDARDS BY STATES.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by adding at the end the following:
    ``(i) Coastal Recreation Water Quality Criteria.--
            ``(1) Adoption by states.-- <<NOTE: Deadlines.>> 
                    ``(A) Initial criteria and standards.--Not later 
                than 42 months after the date of the enactment of this 
                subsection, each State having coastal recreation waters 
                shall adopt and submit to the Administrator water 
                quality criteria and standards for the coastal 
                recreation waters of the State for those pathogens and 
                pathogen indicators for which the Administrator has 
                published criteria under section 304(a).
                    ``(B) New or revised criteria and standards.--Not 
                later than 36 months after the date of publication by 
                the Administrator of new or revised water quality 
                criteria under section 304(a)(9), each State having 
                coastal recreation waters shall adopt and submit to the 
                Administrator new or revised water quality standards for 
                the coastal recreation waters of the State for all 
                pathogens and pathogen indicators to which the new or 
                revised water quality criteria are applicable.
            ``(2) Failure of states to adopt.--
                    ``(A) In general.--If a State fails to adopt water 
                quality criteria and standards in accordance with 
                paragraph (1)(A) that are as protective of human health 
                as the criteria for pathogens and pathogen indicators 
                for coastal recreation waters published by the 
                Administrator, the Administrator shall promptly propose 
                regulations for the State setting forth revised or new 
                water quality standards for pathogens and pathogen 
                indicators described in paragraph (1)(A) for coastal 
                recreation waters of the State.

[[Page 114 STAT. 872]]

                    ``(B) <<NOTE: Publication.>>  Exception.--If the 
                Administrator proposes regulations for a State described 
                in subparagraph (A) under subsection (c)(4)(B), the 
                Administrator shall publish any revised or new standard 
                under this subsection not later than 42 months after the 
                date of the enactment of this subsection.
            ``(3) Applicability.--Except as expressly provided by this 
        subsection, the requirements and procedures of subsection (c) 
        apply to this subsection, including the requirement in 
        subsection (c)(2)(A) that the criteria protect public health and 
        welfare.''.

SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.

    (a) Studies Concerning Pathogen Indicators in Coastal Recreation 
Waters.--Section 104 of the Federal Water Pollution Control Act (33 
U.S.C. 1254) is amended by adding at the end the following:
    ``(v) <<NOTE: Deadlines.>>  Studies Concerning Pathogen Indicators 
in Coastal Recreation Waters.--Not later than 18 months after the date 
of the enactment of this subsection, after consultation and in 
cooperation with appropriate Federal, State, tribal, and local officials 
(including local health officials), the Administrator shall initiate, 
and, not later than 3 years after the date of the enactment of this 
subsection, shall complete, in cooperation with the heads of other 
Federal agencies, studies to provide additional information for use in 
developing--
            ``(1) an assessment of potential human health risks 
        resulting from exposure to pathogens in coastal recreation 
        waters, including nongastrointestinal effects;
            ``(2) appropriate and effective indicators for improving 
        detection in a timely manner in coastal recreation waters of the 
        presence of pathogens that are harmful to human health;
            ``(3) appropriate, accurate, expeditious, and cost-effective 
        methods (including predictive models) for detecting in a timely 
        manner in coastal recreation waters the presence of pathogens 
        that are harmful to human health; and
            ``(4) guidance for State application of the criteria for 
        pathogens and pathogen indicators to be published under section 
        304(a)(9) to account for the diversity of geographic and aquatic 
        conditions.''.

    (b) Revised Criteria.--Section 304(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1314(a)) is amended by adding at the end the 
following:
            ``(9) <<NOTE: Deadlines.>>  Revised criteria for coastal 
        recreation waters.--
                    ``(A) <<NOTE: Publication.>>  In general.--Not later 
                than 5 years after the date of the enactment of this 
                paragraph, after consultation and in cooperation with 
                appropriate Federal, State, tribal, and local officials 
                (including local health officials), the Administrator 
                shall publish new or revised water quality criteria for 
                pathogens and pathogen indicators (including a revised 
                list of testing methods, as appropriate), based on the 
                results of the studies conducted under section 104(v), 
                for the purpose of protecting human health in coastal 
                recreation waters.
                    ``(B) Reviews.--Not later than the date that is 5 
                years after the date of publication of water quality 
                criteria under this paragraph, and at least once every 5 
                years thereafter,

[[Page 114 STAT. 873]]

                the Administrator shall review and, as necessary, revise 
                the water quality criteria.''.

SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is amended by adding at the end the following:

``SEC. 406. <<NOTE: 33 USC 1346.>>  COASTAL RECREATION WATER QUALITY 
            MONITORING AND NOTIFICATION.

    ``(a) <<NOTE: Deadline. Publication.>>  Monitoring and 
Notification.--
            ``(1) In general.--Not later than 18 months after the date 
        of the enactment of this section, after consultation and in 
        cooperation with appropriate Federal, State, tribal, and local 
        officials (including local health officials), and after 
        providing public notice and an opportunity for comment, the 
        Administrator shall publish performance criteria for--
                    ``(A) monitoring and assessment (including 
                specifying available methods for monitoring) of coastal 
                recreation waters adjacent to beaches or similar points 
                of access that are used by the public for attainment of 
                applicable water quality standards for pathogens and 
                pathogen indicators; and
                    ``(B) the prompt notification of the public, local 
                governments, and the Administrator of any exceeding of 
                or likelihood of exceeding applicable water quality 
                standards for coastal recreation waters described in 
                subparagraph (A).
            ``(2) Level of protection.--The performance criteria 
        referred to in paragraph (1) shall provide that the activities 
        described in subparagraphs (A) and (B) of that paragraph shall 
        be carried out as necessary for the protection of public health 
        and safety.

    ``(b) Program Development and Implementation Grants.--
            ``(1) In general.--The Administrator may make grants to 
        States and local governments to develop and implement programs 
        for monitoring and notification for coastal recreation waters 
        adjacent to beaches or similar points of access that are used by 
        the public.
            ``(2) Limitations.--
                    ``(A) In general.--The Administrator may award a 
                grant to a State or a local government to implement a 
                monitoring and notification program if--
                          ``(i) the program is consistent with the 
                      performance criteria published by the 
                      Administrator under subsection (a);
                          ``(ii) the State or local government 
                      prioritizes the use of grant funds for particular 
                      coastal recreation waters based on the use of the 
                      water and the risk to human health presented by 
                      pathogens or pathogen indicators;
                          ``(iii) the State or local government makes 
                      available to the Administrator the factors used to 
                      prioritize the use of funds under clause (ii);
                          ``(iv) the State or local government provides 
                      a list of discrete areas of coastal recreation 
                      waters that are subject to the program for 
                      monitoring and notification for which the grant is 
                      provided that specifies any coastal recreation 
                      waters for which fiscal constraints

[[Page 114 STAT. 874]]

                      will prevent consistency with the performance 
                      criteria under subsection (a); and
                          ``(v) the public is provided an opportunity to 
                      review the program through a process that provides 
                      for public notice and an opportunity for comment.
                    ``(B) Grants to local governments.--The 
                Administrator may make a grant to a local government 
                under this subsection for implementation of a monitoring 
                and notification program only if, after the 1-year 
                period beginning on the date of publication of 
                performance criteria under subsection (a)(1), the 
                Administrator determines that the State is not 
                implementing a program that meets the requirements of 
                this subsection, regardless of whether the State has 
                received a grant under this subsection.
            ``(3) Other requirements.--
                    ``(A) Report.--A State recipient of a grant under 
                this subsection shall submit to the Administrator, in 
                such format and at such intervals as the Administrator 
                determines to be appropriate, a report that describes--
                          ``(i) data collected as part of the program 
                      for monitoring and notification as described in 
                      subsection (c); and
                          ``(ii) actions taken to notify the public when 
                      water quality standards are exceeded.
                    ``(B) Delegation.--A State recipient of a grant 
                under this subsection shall identify each local 
                government to which the State has delegated or intends 
                to delegate responsibility for implementing a monitoring 
                and notification program consistent with the performance 
                criteria published under subsection (a) (including any 
                coastal recreation waters for which the authority to 
                implement a monitoring and notification program would be 
                subject to the delegation).
            ``(4) Federal share.--
                    ``(A) In general.--The Administrator, through grants 
                awarded under this section, may pay up to 100 percent of 
                the costs of developing and implementing a program for 
                monitoring and notification under this subsection.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs of developing and implementing a monitoring 
                and notification program may be--
                          ``(i) in an amount not to exceed 50 percent, 
                      as determined by the Administrator in consultation 
                      with State, tribal, and local government 
                      representatives; and
                          ``(ii) provided in cash or in kind.

    ``(c) Content of State and Local Government Programs.--As a 
condition of receipt of a grant under subsection (b), a State or local 
government program for monitoring and notification under this section 
shall identify--
            ``(1) lists of coastal recreation waters in the State, 
        including coastal recreation waters adjacent to beaches or 
        similar points of access that are used by the public;
            ``(2) in the case of a State program for monitoring and 
        notification, the process by which the State may delegate to 
        local governments responsibility for implementing the monitoring 
        and notification program;

[[Page 114 STAT. 875]]

            ``(3) the frequency and location of monitoring and 
        assessment of coastal recreation waters based on--
                    ``(A) the periods of recreational use of the waters;
                    ``(B) the nature and extent of use during certain 
                periods;
                    ``(C) the proximity of the waters to known point 
                sources and nonpoint sources of pollution; and
                    ``(D) any effect of storm events on the waters;
            ``(4)(A) the methods to be used for detecting levels of 
        pathogens and pathogen indicators that are harmful to human 
        health; and
            ``(B) the assessment procedures for identifying short-term 
        increases in pathogens and pathogen indicators that are harmful 
        to human health in coastal recreation waters (including 
        increases in relation to storm events);
            ``(5) measures for prompt communication of the occurrence, 
        nature, location, pollutants involved, and extent of any 
        exceeding of, or likelihood of exceeding, applicable water 
        quality standards for pathogens and pathogen indicators to--
                    ``(A) the Administrator, in such form as the 
                Administrator determines to be appropriate; and
                    ``(B) a designated official of a local government 
                having jurisdiction over land adjoining the coastal 
                recreation waters for which the failure to meet 
                applicable standards is identified;
            ``(6) measures for the posting of signs at beaches or 
        similar points of access, or functionally equivalent 
        communication measures that are sufficient to give notice to the 
        public that the coastal recreation waters are not meeting or are 
        not expected to meet applicable water quality standards for 
        pathogens and pathogen indicators; and
            ``(7) measures that inform the public of the potential risks 
        associated with water contact activities in the coastal 
        recreation waters that do not meet applicable water quality 
        standards.

    ``(d) <<NOTE: Deadline.>>  Federal Agency Programs.--Not later than 
3 years after the date of the enactment of this section, each Federal 
agency that has jurisdiction over coastal recreation waters adjacent to 
beaches or similar points of access that are used by the public shall 
develop and implement, through a process that provides for public notice 
and an opportunity for comment, a monitoring and notification program 
for the coastal recreation waters that--
            ``(1) protects the public health and safety;
            ``(2) is consistent with the performance criteria published 
        under subsection (a);
            ``(3) <<NOTE: Reports.>>  includes a completed report on the 
        information specified in subsection (b)(3)(A), to be submitted 
        to the Administrator; and
            ``(4) addresses the matters specified in subsection (c) .

    ``(e) <<NOTE: Public information.>>  Database.--The Administrator 
shall establish, maintain, and make available to the public by 
electronic and other means a national coastal recreation water pollution 
occurrence database that provides--
            ``(1) the data reported to the Administrator under 
        subsections (b)(3)(A)(i) and (d)(3); and
            ``(2) other information concerning pathogens and pathogen 
        indicators in coastal recreation waters that--

[[Page 114 STAT. 876]]

                    ``(A) is made available to the Administrator by a 
                State or local government, from a coastal water quality 
                monitoring program of the State or local government; and
                    ``(B) the Administrator determines should be 
                included.

    ``(f ) Technical Assistance for Monitoring Floatable Material.--The 
Administrator shall provide technical assistance to States and local 
governments for the development of assessment and monitoring procedures 
for floatable material to protect public health and safety in coastal 
recreation waters.
    ``(g) List of Waters.--
            ``(1) <<NOTE: Deadline.>>  In general.--Beginning not later 
        than 18 months after the date of publication of performance 
        criteria under subsection (a), based on information made 
        available to the Administrator, the Administrator shall 
        identify, and maintain a list of, discrete coastal recreation 
        waters adjacent to beaches or similar points of access that are 
        used by the public that--
                    ``(A) specifies any waters described in this 
                paragraph that are subject to a monitoring and 
                notification program consistent with the performance 
                criteria established under subsection (a); and
                    ``(B) specifies any waters described in this 
                paragraph for which there is no monitoring and 
                notification program (including waters for which fiscal 
                constraints will prevent the State or the Administrator 
                from performing monitoring and notification consistent 
                with the performance criteria established under 
                subsection (a)).
            ``(2) <<NOTE: Public information.>>  Availability.--The 
        Administrator shall make the list described in paragraph (1) 
        available to the public through--
                    ``(A) <<NOTE: Federal Register, publication.>>  
                publication in the Federal Register; and
                    ``(B) electronic media.
            ``(3) Updates.--The Administrator shall update the list 
        described in paragraph (1) periodically as new information 
        becomes available.

    ``(h) EPA Implementation.--In the case of a State that has no 
program for monitoring and notification that is consistent with the 
performance criteria published under subsection (a) after the last day 
of the 3-year period beginning on the date on which the Administrator 
lists waters in the State under subsection (g)(1)(B), the Administrator 
shall conduct a monitoring and notification program for the listed 
waters based on a priority ranking established by the Administrator 
using funds appropriated for grants under subsection (i)--
            ``(1) to conduct monitoring and notification; and
            ``(2) for related salaries, expenses, and travel.

    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under subsection (b), including 
implementation of monitoring and notification programs by the 
Administrator under subsection (h), $30,000,000 for each of fiscal years 
2001 through 2005.''.

SEC. 5. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
            ``(21) Coastal recreation waters.--
                    ``(A) In general.--The term `coastal recreation 
                waters' means--
                          ``(i) the Great Lakes; and

[[Page 114 STAT. 877]]

                          ``(ii) marine coastal waters (including 
                      coastal estuaries) that are designated under 
                      section 303(c) by a State for use for swimming, 
                      bathing, surfing, or similar water contact 
                      activities.
                    ``(B) Exclusions.--The term `coastal recreation 
                waters' does not include--
                          ``(i) inland waters; or
                          ``(ii) waters upstream of the mouth of a river 
                      or stream having an unimpaired natural connection 
                      with the open sea.
            ``(22) Floatable material.--
                    ``(A) In general.--The term `floatable material' 
                means any foreign matter that may float or remain 
                suspended in the water column.
                    ``(B) Inclusions.--The term `floatable material' 
                includes--
                          ``(i) plastic;
                          ``(ii) aluminum cans;
                          ``(iii) wood products;
                          ``(iv) bottles; and
                          ``(v) paper products.
            ``(23) Pathogen indicator.--The term `pathogen indicator' 
        means a substance that indicates the potential for human 
        infectious disease.''.

SEC. 6. INDIAN TRIBES.

    Section 518(e) of the Federal Water Pollution Control Act (33 U.S.C. 
1377(e)) is amended by striking ``and 404'' and inserting ``404, and 
406''.

SEC. 7. REPORT. <<NOTE: 33 USC 1375a.>> 

    (a) <<NOTE: Deadline.>>  In General.--Not later than 4 years after 
the date of the enactment of this Act, and every 4 years thereafter, the 
Administrator of the Environmental Protection Agency shall submit to 
Congress a report that includes--
            (1) recommendations concerning the need for additional water 
        quality criteria for pathogens and pathogen indicators and other 
        actions that should be taken to improve the quality of coastal 
        recreation waters;
            (2) an evaluation of Federal, State, and local efforts to 
        implement this Act, including the amendments made by this Act; 
        and
            (3) recommendations on improvements to methodologies and 
        techniques for monitoring of coastal recreation waters.

    (b) Coordination.--The Administrator of the Environmental Protection 
Agency may coordinate the report under this section with other reporting 
requirements under the Federal Water Pollution Control Act (33 U.S.C. 
1251 et seq.).

[[Page 114 STAT. 878]]

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out the provisions 
of this Act, including the amendments made by this Act, for which 
amounts are not otherwise specifically authorized to be appropriated, 
such sums as are necessary for each of fiscal years 2001 through 2005.

    Approved October 10, 2000.

LEGISLATIVE HISTORY--H.R. 999 (S. 522):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-98 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106-366 accompanying S. 522 (Comm. on Environment 
and Public Works).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Apr. 22, considered and passed 
                                        House.
                                                        Vol. 146 (2000):
                                    Sept. 21, considered and passed 
                                        Senate, amended.
                                    Sept. 26, House concurred in Senate 
                                        amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
            Oct. 10, Presidential statement.

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