69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–491 

BEACH PROTECTION ACT OF 2007 

DECEMBER 12, 2007.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2537] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 2537) to amend the Federal Water Pollution Control Act relating to beach monitoring, and for other purposes, having considered the same, report favorably thereon with 

an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Beach Protection Act of 2007’’. 

SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION. 

(a) SOURCE TRACKING.—Section 406(b) of the Federal Water Pollution Control Act 

(33 U.S.C. 1346) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) SOURCE IDENTIFICATION PROGRAMS.—In carrying out a monitoring and notification program, a State or local government may develop and implement a 

coastal recreation waters pollution source identification and tracking program 

for coastal recreation waters adjacent to beaches or similar points of access that 

are used by the public and are not meeting applicable water quality standards 

for pathogens and pathogen indicators.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 406(i) of such Act (33 U.S.C. 

1346(i)) is amended by striking ‘‘$30,000,000 for each of fiscal years 2001 through 

2005’’ and inserting ‘‘$40,000,000 for each of fiscal years 2008 through 2012’’. 

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT. 

Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 

2000 (114 Stat. 877) is amended by striking ‘‘2005’’ and inserting ‘‘2012’’. 


jlentini on PROD1PC65 with HEARING
2 

SEC. 4. STATE REPORTS. 

Section 406(b)(4)(A)(ii) of the Federal Water Pollution Control Act (as redesignated by section (2)(a)(1) of this Act) is amended by inserting ‘‘and all environmental agencies of the State with authority to prevent or treat sources of pollution 

in coastal recreation waters’’ after ‘‘public’’. 

SEC. 5. USE OF RAPID TESTING METHODS. 

(a) CONTENTS OF STATE AND LOCAL GOVERNMENT PROGRAMS.—Section 

406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is 

amended by inserting ‘‘, including rapid testing methods,’’ after ‘‘methods’’. 

(b) REVISED CRITERIA.—Section 304(a)(9) of such Act (33 U.S.C. 1314(a)(9)) is 

amended by inserting ‘‘and rapid testing methods’’ after ‘‘methods’’. 

(c) CRITERIA FOR USE OF RAPID TESTING METHODS.—Not later than 270 days after 

the date of enactment of this Act, and after providing notice and an opportunity for 

public comment, the Administrator of the Environmental Protection Agency shall 

publish criteria for the use of rapid testing methods, at coastal recreation waters 

adjacent to beaches or similar points of access that are used by the public, that will 

enhance the protection of public health and safety through rapid public notification 

of any exceeding of applicable water quality standards. In developing such criteria, 

the Administrator shall prioritize the use of rapid testing methods at those beaches 

or similar points of access that have the highest use by the public. 

(d) DEFINITION.—Section 502 of such Act (33 U.S.C. 1362) is amended by adding 

at the end the following: 

‘‘(25) RAPID TESTING METHOD.—The term ‘rapid testing method’ means a 

method of testing the water quality of coastal recreation waters for which results are available as soon as practicable and not more than 6 hours after a 

water quality sample is received by the testing facility.’’. 

SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES. 

Section 406(c)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(5)) 

is amended—

(1) by striking ‘‘prompt communication’’ and inserting ‘‘communication, within 

24 hours of the receipt of the results of a water quality sample,’’; 

(2) in subparagraph (A)—

(A) by inserting ‘‘(i) in the case of any State in which the Administrator 

is administering the program under section 402,’’ before ‘‘the Administrator’’ the first place it appears; and 

(B) by inserting at the end the following: 

‘‘(ii) in the case of any State other than a State to which clause (i) applies, 

all agencies of the State government with authority to require the prevention or treatment of the sources of coastal recreation water pollution; and’’; 

(3) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and 

(4) by inserting after paragraph (5) the following: 

‘‘(6) measures for an annual report to the Administrator, in such form as the 

Administrator determines appropriate, on the occurrence, nature, location, pollutants involved, and extent of any exceeding of applicable water quality standards for pathogens and pathogen indicators;’’. 

SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS. 

Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is 

amended—

(1) by striking ‘‘and’’ at the end of paragraph (7) (as redesignated by section 

6(3) of this Act); 

(2) by striking the period at the end of paragraph (8) (as redesignated by section 6(3) of this Act) and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(9) a publicly accessible and searchable global information system database 

with information updated within 24 hours of its availability, organized by beach 

or similar point of access and with defined standards, sampling plans, monitoring protocols, sampling results, and number and cause of closures and advisory days; 

‘‘(10) measures for the immediate posting of signs at beaches or similar points 

of access that are sufficient to give public notice following the results of any 

water quality sample that demonstrates an exceeding of applicable water quality standards for pathogens and pathogen indicators for the coastal recreation 

waters adjacent to such beaches or similar points of access; and 

‘‘(11) measures to ensure that closures or advisories are made or issued within 24 hours after the State government determines that any coastal recreation 


jlentini on PROD1PC65 with HEARING
3 

waters in the State are not meeting applicable water quality standards for 

pathogens and pathogen indicators.’’. 

SEC. 8. COMPLIANCE REVIEW. 

Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is 

amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; 

(2) by moving such subparagraphs 2 ems to the right; 

(3) by striking ‘‘In the’’ and inserting the following: 

‘‘(1) IN GENERAL.—In the’’; and 

(4) by adding at the end the following: 

‘‘(2) COMPLIANCE REVIEW.—On or before July 31 of each calendar year beginning after the date of enactment of this paragraph, the Administrator shall—

‘‘(A) prepare a written assessment of compliance with all statutory and 

regulatory requirements of this section for each State and local government 

and of compliance with conditions of each grant made under this section to 

a State or local government; 

‘‘(B) notify the State or local government of such assessment; and 

‘‘(C) make each of the assessments available to the public in a searchable 

database on or before December 31 of such calendar year. 

‘‘(3) CORRECTIVE ACTION.—Any State or local government that the Administrator notifies under paragraph (2) that it is not in compliance with any requirement or grant condition described in paragraph (2) shall take such action as 

may be necessary to comply with such requirement or condition within one year 

of the date of the notification. If the State or local government is not in compliance with such requirement or condition within one year of such date, any 

grants made under subsection (b) to the State or local government, after the 

last day of such one-year period and while the State or local government is not 

in compliance with all requirements and grant conditions described in paragraph (2), shall have a Federal share of not to exceed 50 percent. 

‘‘(4) GAO REVIEW.—Not later than December 31 of the third calendar year beginning after the date of enactment of this paragraph, the Comptroller General 

shall conduct a review of the activities of the Administrator under paragraphs 

(2) and (3) during the first and second calendar years beginning after such date 

of enactment and submit to Congress a report on the results of such review.’’. 

SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA. 

(a) STUDY.—Not later than 30 days after the date of enactment of this Act, the 

Administrator of the Environmental Protection Agency shall commence a study of 

the formula for the distribution of grants under section 406 of the Federal Water 

Pollution Control Act (33 U.S.C. 1346) for the purpose of identifying potential revisions of such formula. 

(b) CONTENTS.—In conducting the study, the Administrator shall consider the 

base cost to States of developing and maintaining water quality monitoring and notification programs, the States’ varied beach monitoring and notification needs, including beach mileage, beach usage, and length of beach season, and other factors 

that the Administrator determines to be appropriate. 

(c) CONSULTATION.—In conducting the study, the Administrator shall consult with 

appropriate Federal, State, and local agencies. 

(d) REPORT.—Not later than 12 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 a report on the results of the study, including any recommendation for revision of the distribution formula referred to in subsection (a). 

SEC. 10. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST. 

Section 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) 

is amended by adding at the end the following: 

‘‘(C) PUBLICATION OF PATHOGEN AND PATHOGEN INDICATOR LIST.—Upon 

publication of the new or revised water quality criteria under subparagraph 

(A), the Administrator shall publish in the Federal Register a list of all 

pathogens and pathogen indicators studied under section 104(v).’’. 

PURPOSE OF THE LEGISLATION

H.R. 2537, the ‘‘Beach Protection Act of 2007’’, as amended, 

amends the Federal Water Pollution Control Act (‘‘Clean Water 

Act’’ or ‘‘Act’’) to reauthorize appropriations for the Beaches EnviVerDate Aug 31 2005 20:29 Dec 13, 2007 Jkt 069006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR491.XXX HR491

jlentini on PROD1PC65 with HEARING
4 

ronmental Assessment and Coastal Health (‘‘BEACH’’) Act through 

fiscal year 2012, and to make programmatic changes to State coastal recreation water quality monitoring and notification programs. 

BACKGROUND AND NEED FOR LEGISLATION

The nation is fortunate to have nearly 23,000 miles of ocean 

shoreline along the continental United States, more than 5,500 

miles of Great Lakes shoreline, and 3.6 million miles of rivers and 

streams. Beaches are an important part of the complex and dynamic coastal watershed, providing numerous recreational opportunities for millions of people, including boating, fishing, swimming, 

beachcombing, bird-watching, and sunbathing. 

Each year, more than 180 million people visit our nation’s coastal 

and Great Lakes waters for recreational purposes. This activity 

supports more than 28 million jobs and leads to investments of 

over $50 billion in goods and services. It is important to give the 

public confidence in the quality of our nation’s coastal recreational 

waters. This confidence is important not only to each citizen who 

swims or surfs, but also to the tourism and recreation industries 

that rely on safe and swimmable coastal waters. 

According to a recent Environmental Protection Agency (‘‘EPA’’) 

report, over the past 50 years, epidemiological studies and investigations following widespread waterborne illnesses have linked 

swimming in polluted water with adverse health effects. Swimming-related diseases can range from less severe gastrointestinal 

diseases (e.g., sore throats and diarrhea) and non-gastrointestinal 

diseases (e.g., respiratory, ear, eye, and skin infections) to more serious illnesses, such as meningitis or hepatitis. 

On October 10, 2000, the Beaches Environmental Assessment 

and Coastal Health Act (‘‘BEACH Act’’) was signed into law. This 

legislation, which amends Clean Water Act, was introduced to limit 

and prevent human exposure to polluted coastal recreation waters 

(including those along the Great Lakes) by assisting States and 

local governments to implement beach monitoring, assessment, and 

public notification programs. For these purposes, the BEACH Act 

authorized $30 million annually for fiscal years 2001 through 2005. 

In addition, the BEACH Act required States and tribes with 

coastal recreation waters to adopt minimum water quality standards for pathogens and pathogen indicators by April 10, 2004, and 

directed EPA to promulgate standards for States that failed to establish standards as protective of human health as EPA’s existing 

criteria—the 1986 Ambient Water Quality Criteria for Bacteria. 

Finally, the BEACH Act required EPA to conduct additional 

studies associated with pathogens and human health and to publish new or revised water quality criteria for pathogens and pathogen indicators within five years of the date of enactment of the 

BEACH Act (ending on October 10, 2005), based on the results of 

these studies. EPA is also directed to review these revised water 

quality criteria every five years, and to revise the criteria, as necessary, to protect human health. States are directed to adopt any 

revised water quality criteria within three years of publication by 

EPA. 


jlentini on PROD1PC65 with HEARING
5 

IMPLEMENTATION OF THE BEACH ACT

BEACH ACT FUNDING

From fiscal years 2001 through 2007, Congress has appropriated 

nearly $62 million in BEACH Act grant funds to the 35 States and 

territories with coastal recreation waters to support the implementation of coastal recreation water monitoring and notification programs. According to EPA, States are using the grant funds to implement beach monitoring and notification programs that are consistent with national guidance. States collect and analyze water 

samples to determine whether local recreation waters exceed (or 

are likely to exceed) water quality standards for public health protection, and notify the public if water quality standards are exceeded (or likely to be exceeded). 

EPA awards grants to the 35 eligible States using an allocation 

formula developed by the Agency in 2002. According to EPA, this 

allocation formula was developed in consultation with the States 

and other stakeholders, and uses three factors—beach season 

length, beach miles, and beach usage—to determine an equitable 

allocation of funds. However, because in 2002, data for beach miles 

and beach usage were not readily available, shoreline length and 

coastal population were used as surrogates for these factors. 

STATE WATER QUALITY STANDARDS

Prior to the enactment of the BEACH Act, only 16 States and 

territories with coastal recreation waters had adopted EPA’s 1986 

criteria for pathogens and pathogen indicators in coastal recreation 

waters, and incorporated these criteria into their water quality 

standards. The remaining States were either using water quality 

criteria older than the 1986 criteria or no water quality criteria at 

all. 

Since enactment of the BEACH Act, all 35 States and territories 

with coastal recreation waters have adopted criteria for pathogens 

and pathogen indicators that are at least as protective of human 

health as EPA’s 1986 criteria. Thirteen States and territories 

adopted these criteria voluntarily, and the remaining 21 States and 

territories were included in a November 16, 2004 EPA final rule to 

adopt water quality standards consistent with EPA’s 1986 criteria. 

Water Quality Standards for Coastal and Great Lakes Recreation 

Waters, 69 Fed. Reg. 67218 (Nov. 16, 2004). 

WATER QUALITY CRITERIA AND STANDARDS

Section 304(a) of the Clean Water Act directs EPA to establish 

water quality criteria for all waters and uses, including human 

health criteria for recreational uses of coastal waters. Federal 

water quality criteria serve as guidance to States and tribes in 

adopting and revising State and tribal water quality criteria and 

water quality standards under section 303 of the Clean Water Act. 

Under current Clean Water Act regulations, States and tribes may 

adopt the Federal criteria as their own, may modify the Federal 

criteria to reflect site-specific conditions, or may base their water 

quality criteria on other scientifically defensible methods. 40 C.F.R. 

131.11(b)(1). 


jlentini on PROD1PC65 with HEARING
6 

According to EPA, the Agency’s current criteria for pathogen and 

pathogen indicators are based on a series of studies conducted by 

EPA in the late 1970s and early 1980s. In 1986, EPA recommended 

the use of indicator organisms as a good predictor of potential waterborne illness in water—enterococci for fresh and marine waters, 

and E. coli in fresh water. 

However, during consideration of the BEACH Act in the 1990s, 

the Committee on Transportation and Infrastructure was concerned that the 1986 revised bacteria criteria were inadequate indicators for determining the human health risk from all microorganisms, including viruses or other pathogens, such as giardia or 

cryptosporidium. The Committee noted, during a 1998 hearing on 

this issue, that EPA’s 1986 criteria needed to be updated to improve the scientific basis for identifying pathogens in coastal recreation waters that were potentially harmful to human health. 

In response, the BEACH Act directed the Administrator of EPA 

to conduct additional studies on revised criteria for coastal recreation waters, and to develop newer, accurate, and expeditious testing methods for detecting the presence of pathogens harmful to 

human health. Section 304(a) of the Clean Water Act was amended 

to direct the Administrator to develop and publish new or revised 

water quality criteria for coastal recreation waters for the purpose 

of protecting human health within five years of the date of enactment of the BEACH Act (ending on October 10, 2005), and to review, and revise if necessary, these water quality criteria every five 

years thereafter. 

LITIGATION AND SCHEDULE FOR PUBLICATION OF NEW OR REVISED

WATER QUALITY CRITERIA

On August 3, 2006, the Natural Resources Defense Council sued 

the EPA for its failure to publish ‘‘new or revised water quality criteria for pathogens and pathogen indicators (including a revised 

list of testing methods, as appropriate) . . . for the purpose of protecting human health in coastal recreational waters’’ by October 10, 

2005, as required by section 304(a) of the Clean Water Act, as 

amended by the BEACH Act. 

In March 2007, the United States District Court for the Central 

District of California, Western Division held that EPA had violated 

its non-discretionary duty to publish new or revised criteria by the 

October 2005 deadline, in violation of the Clean Water Act. Natural 

Resources Defense Council v. Stephen L. Johnson, Administrator, 

U.S. Environmental Protection Agency, No. CV 06–4843 PSG (C.D. 

Cal. March 21, 2007). The Court directed the parties to discuss the 

issue of the appropriate amount of time EPA would have to complete publication of new or revised water quality criteria for pathogens and pathogen indicators. This discussion is ongoing. 

On August 31, 2007, EPA released a report, entitled ‘‘Criteria 

Development Plan & Schedule, Recreational Water Quality Criteria’’, that describes the process and timeline EPA proposes to follow in developing and publishing new or revised water quality criteria for pathogens and pathogen indicators for recreational waters. 

The report concludes that EPA will complete all of the necessary 

research, studies, analysis, and synthesis for the new or revised criteria, and publish the new or revised criteria by December 2012. 


jlentini on PROD1PC65 with HEARING
7 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 designates the short title of the bill as the ‘‘Beach Protection Act of 2007’’. 

Section 2. Water pollution source identification 

This section amends section 406 of the Clean Water Act to expand the eligible uses of coastal recreation water quality monitoring and notification program development and implementation 

grants, and to reauthorize appropriations for such grants. 

Subsection (a) amends section 406(b) of the Act to authorize eligible States and local governments to utilize BEACH grant funding 

to develop and implement coastal recreation waters pollution 

source identification and tracking programs. 

The Committee received testimony on the importance of identifying the sources of pollution that are causing beach closures. Proper and timely identification of sources of pollution will allow State 

and local governments to take action to address these sources of 

pollution. For example, the State of New Jersey has successfully 

applied microbial source tracking techniques, such as coliphage, 

multiple antibiotic resistance testing, and optical brighteners, to 

identify the source of recreational beach water quality impairments. Amending the Clean Water Act to allow States and local 

governments to use BEACH grant funding for source tracking will 

help these governments positively identify the sources of pollution 

to coastal recreation waters. States and local governments can then 

take the necessary steps to address these sources of pollution. 

BEACH Act grants are limited to developing and implementing 

coastal water quality monitoring and notification programs. Accordingly, States and local governments need to pursue other sources 

of Federal funding, such as the Clean Water State Revolving Fund, 

for efforts to address sources of pollution. 

Subsection (b) amends section 406(i) to reauthorize appropriations for coastal recreation water quality monitoring and notification program development and implementation grants through fiscal year 2012. This subsection increases the authorization of appropriations for grants from $30 million annually to $40 million annually, to reflect the expansion of eligible uses for such grants under 

the Beach Protection Act of 2007. 

Section 3. Funding for Beaches Environmental Assessment and 

Coastal Health Act 

This section authorizes appropriations for EPA to carry out the 

provisions of the BEACH Act, other than the grant program authorized under section 406 of the Clean Water Act, from fiscal 

years 2008 through 2012. 

Section 4. State reports 

This section amends existing section 406(b)(3)(A)(ii) of the Clean 

Water Act to require States to report to the Administrator on actions taken to notify State environmental agencies with authority 

to prevent or treat sources of pollution in coastal recreation waters 

of the extent that a coastal recreation water is exceeding or is likely to exceed applicable water quality standards. 


jlentini on PROD1PC65 with HEARING
8 

Section 5. Use of rapid testing methods 

This section encourages the development, testing, and utilization 

of rapid testing methods for detecting the contamination of coastal 

recreation waters. The Committee has received testimony expressing concern that current testing methods, utilizing culture-based 

methods, require up to 24 hours to determine whether coastal 

recreation water adjacent to a beach or similar point of access is 

contaminated. As EPA noted in its March 2007 Report of the Experts Scientific Workshop on Critical Research Needs for the Development of New or Revised Recreational Water Quality Criteria, 

this extended processing period typically results in contaminated 

beaches remaining open while testing is underway, potentially 

placing the public at risk of coming into direct contact with contaminated water. In addition, by the time that water quality results are available and warning signs are posted, the levels of 

pathogens or pathogen indicators may have returned to normal. 

The Committee believes that the period between when a coastal 

recreation water is sampled to when results are made publicly 

available needs to be shortened, with the goal of having real-time, 

same-day information on the condition of the nation’s beaches and 

recreational waters. 

The Committee strongly encourages EPA to complete the evaluation and validation of rapid testing methods for detecting contamination of coastal recreation waters. The Committee is aware that 

rapid testing method technologies are currently available for testing water quality samples for the presence of enterococci and E. 

coli that can produce accurate results in two to three hours. The 

Committee understands that EPA is currently undertaking an evaluation of the appropriate interim indicator organism for rapid testing methods utilizing the 1986 criteria, and expects to complete the 

evaluation and validation of rapid testing methods by the end of 

fiscal year 2010. The Committee encourages EPA to complete its efforts to validate a rapid testing method for the 1986 criteria as expeditiously as practicable, but no later than the end of fiscal year 

2010. 

Section 5(a) amends section 406(c)(4)(A) of the Clean Water Act 

to require State and local governments to identify the rapid testing 

methods utilized, or likely to be utilized, along with the government’s existing report on methods for detecting pathogens and 

pathogen indicators required under section 406(c)(4)(A). 

Section 5(b) amends section 304(a)(9) of the Clean Water Act to 

require, in the publication of new or revised water quality criteria 

for pathogens and pathogen indicators, that the Administrator include standards for the utilization of rapid testing methods for the 

new or revised criteria. The Committee expects that, in conjunction 

with the development of new or revised water quality criteria for 

coastal recreation waters under section 304(a)(9) of the Clean 

Water Act, EPA will include appropriate standards and validation 

for a rapid testing method for the new or revised criteria. If no 

rapid testing method for the new or revised criteria is technologically feasible, the Committee expects EPA to include an explanation of why such a rapid testing method is technologically infeasible with the release of the new or revised water quality criteria. 

Section 5(c) requires EPA to develop and publish criteria for the 

utilization of rapid testing methodologies. The Committee does not 


jlentini on PROD1PC65 with HEARING
9 

expect that State or local governments are likely to utilize rapid 

testing methods at every beach or similar point of access within 

their jurisdiction. The Committee encourages States and local governments to utilize rapid testing methods at those beaches or similar points of access that have the highest use. The criteria developed under this section should assist States and localities in this 

determination. The Committee believes that same-day results on 

water quality testing will enhance the protection of public health 

by providing real-time information on the condition of coastal recreation waters. 

Section 6. Notification of Federal, State, and local agencies 

This section amends section 406(c) of the Clean Water Act to expedite the communication of the occurrence, nature, location, pollutants involved, and extent of any exceeding of, or likelihood of exceeding, applicable water quality standards for coastal recreation 

waters to the appropriate Federal, State, and local governmental 

agencies. 

The Committee received testimony that, in many cases, the notification of contaminated coastal recreation waters to the appropriate governmental agencies and the public can be delayed, either 

through lengthy testing periods or a lack of consistent public notification timelines. Minimizing the potential delay in public notification is critical to protecting public health by ensuring that the public is given the opportunity to avoid contact with contaminated 

coastal recreation waters. 

Under current law, the communication of any exceeding, or the 

potential exceeding, of applicable water quality standards must 

occur ‘‘promptly’’ and must be made to the Administrator of the Environmental Protection Agency and a designated local official having jurisdiction over land adjoining the coastal recreation water. 

This section removes any ambiguity in the timeline for providing 

notification by striking the term ‘‘prompt communication’’ in section 406(c)(5) and inserting ‘‘communication, within 24 hours of the 

receipt of the results of a water quality sample’’. 

This section also amends section 406(c)(5)(A) to include within 

the list of agencies required to receive notification of any exceeding 

of water quality standards State governmental agencies with the 

authority to require the prevention or treatment of the sources of 

coastal recreation water pollution. These State governmental agencies will typically be the State agencies with approved National 

Pollutant Discharge Elimination System (‘‘NPDES’’) authority 

under section 402 of the Clean Water Act. However, in those States 

and territories without approved NPDES authority, this section 

provides that the 24-hour notification be provided to the Administrator of EPA. 

Finally, this section adds a new paragraph 6 to section 406(c) 

that requires eligible State and local governments to submit an annual report to the Administrator on the occurrence, nature, location, pollutants involved, and extent of any exceeding of applicable 

water quality standards for pathogens and pathogen indicators. 

The Committee expects this annual report to be a cumulative accounting of all exceedances of applicable water quality standards 

during the annual reporting period. 


jlentini on PROD1PC65 with HEARING
10 

Section 7. Content of State and local programs 

This section amends section 406(c) of the Clean Water Act to 

strengthen the requirements for public notification of contaminated 

coastal recreation waters and publicly available information on 

beach closures. 

This section adds paragraph 9 to section 406(c) of the Act to require eligible State and local governments to identify a publicly accessible and searchable database for the posting of information on 

individual beaches or similar points of public access for coastal 

recreation waters. This new paragraph does not require that every 

eligible State or local government create an individual database to 

provide information related to its beaches, but contemplates that 

individual States and local governments will partner with existing 

public databases, including existing Internet sites, to ensure that 

the required information is publicly available in a timely fashion. 

This section adds paragraph 10 to section 406(c) of the Act to require eligible States and local governments to identify measures for 

the immediate posting of signs at beaches or similar points of public access that are sufficient to give public notice that a water quality sample taken from adjacent coastal recreation water has exceeded applicable water quality standards for pathogens and pathogen indicators. 

The Committee is aware that eight States routinely (and five additional States may) utilize a two-step, re-sampling approach to 

testing coastal recreation waters. Under this approach, when the 

test results on a coastal recreation water sample detect that the 

water may be contaminated, the State or local governmental official can require that a second sample is tested before a decision is 

made to close the beach. Accordingly, if a State pairs the use of a 

culture-based testing methodology with a two-step, re-sampling 

protocol, the result may be that the public will not receive any notification that a coastal recreation water may be contaminated until 

three days after the initial sample is taken. Given that the best 

way to reduce the risk of public illness from contaminated coastal 

recreation waters is to avoid direct contact with such waters, the 

Committee believes that the time from initial testing to public notification of potential impaired water quality needs to occur as quickly as possible, and preferably on the same day. 

New paragraph 10 provides for immediate public notification following the results of any water quality sample that demonstrates 

a likelihood that the coastal recreation water is contaminated. This 

new paragraph does not prevent States from continuing to utilize 

a two-step, re-sampling approach for decisions to close public 

beaches, but simply requires States and local governments to immediately post an advisory sign warning that a water sample taken 

at the individual beach demonstrates the likelihood that the water 

may be contaminated. 

This section adds paragraph 11 to section 406(c) of the Act to require eligible States and local governments to identify measures to 

ensure that any decision to close a beach or to issue an advisory 

on coastal recreation water quality are made within 24 hours after 

the State determines that the coastal recreation waters are not 

meeting applicable water quality standards for pathogens and 

pathogen indicators. 


jlentini on PROD1PC65 with HEARING
11 

Section 8. Compliance review 

This section amends section 406(h) of the Clean Water Act to authorize the Administrator to conduct a compliance review of implementation of the BEACH Act by State and local governments, and 

to take corrective action for State and local governments that are 

not in compliance with the BEACH Act requirements. This section 

also requires the Government Accountability Office (‘‘GAO’’) to review and report on EPA’s administration of the BEACH Act. 

This section requires the Administrator of EPA to prepare an annual written assessment of compliance with all of the statutory and 

regulatory requirements of the BEACH Act for each State and local 

government that receives a BEACH Act grant. This written assessment is to be provided to the individual State and local governments, and released to the public through a searchable, electronic 

database, such as the Internet. 

This section also provides State and local governments with one 

year from the date of receipt of a written assessment from the Administrator to come into compliance with the BEACH Act requirements. If at the end of this period, the State or local government 

continues to be out of compliance with the BEACH Act requirements, this section directs the Administrator to reduce the Federal 

share of coastal recreation water quality monitoring and notification program development and implementation grants to 50 percent. 

Finally, this section directs the Comptroller General of GAO to 

conduct a review and report on the actions by the Administrator 

to carry out annual written compliance assessments and take corrective action as necessary. This report is to be provided to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Environment and Public 

Works of the Senate. 

Section 9. Study of grant distribution formula 

This section requires the Administrator of EPA to carry out a 

study of the formula for the distribution of coastal recreation water 

quality monitoring and notification program development and implementation grants under section 406(b) of the Clean Water Act, 

and to report to Congress on the results of the study, including any 

recommendations for revision of the existing formula. 

The Committee is aware of concerns that the current formula 

utilized by EPA for the distribution of grant funds may not provide 

for an equitable allocation of funds among States at current appropriation levels. 

GAO raised similar concerns in its May 2007 report focused on 

the implementation of the BEACH Act in the Great Lakes. GAO 

pointed out that the existing grant distribution formula, which establishes different weights to the factors of length of beach season, 

the frequency of beach use, and the number of beach miles within 

a State, was developed based on the assumption that the program 

would receive its full authorized allocation of $30 million annually. 

According to GAO, EPA intended that the factor for beach season 

length (currently determining 82 percent of existing grant allocations) would have provided the base funding level, and would have 

been augmented by additional grant funds utilizing the factors for 

beach use and beach miles. 


jlentini on PROD1PC65 with HEARING
12 

During the last five years, the BEACH program has received annual appropriations of approximately $10 million. GAO concluded 

that, as a result of reduced appropriations, the current distribution 

formula fails to adequately address the monitoring needs of the 

States. The GAO report suggested that reweighing the importance 

of the three factors of the existing formula to reflect current appropriations would better reflect the monitoring needs of the individual coastal States. 

Section 9 requires EPA to conduct a study of potential revisions 

to the formula, with a specific focus on base cost to States of developing and maintaining water quality monitoring and notification 

programs, the States’ varied beach monitoring and notification 

needs, including beach mileage, beach usage, and length of beach 

season, and other factors that the Administrator determines to be 

appropriate. 

The Committee encourages the Administrator, in carrying out 

the study, to consider methods to accurately reflect the usage of 

beaches and similar points of access as well as the recommendations included in the May 2007 report by the GAO entitled ‘‘Great 

Lakes: EPA and States Have Made Progress in Implementing the 

BEACH Act, but Additional Actions Could Improve Public Health 

Protection (GAO–07–591)’’. In addition, the Committee encourages 

EPA, in conducting the study, to take into account both historical 

appropriations for BEACH Act grants and the increased authorization of appropriations provided for in the Beach Protection Act of 

2007. 

Section 10. Publication of coastal recreation waters pathogen list 

This section amends section 304(a)(9) of the Clean Water Act to 

require the Administrator of EPA, upon publication of the new or 

revised water quality criteria for coastal recreation waters, to publish in the Federal Register a list of all pathogens and pathogen 

indicators studied in the development of the new or revised water 

quality criteria. 

ADDITIONAL MATTERS

The Committee has received comments from individual States, 

researchers, and nongovernmental organizations expressing concern with EPA’s efforts to develop appropriate testing methods for 

existing water quality criteria for coastal recreation waters. Under 

the existing 1986 criteria, EPA recommended the use of the indicator organisms, enterococci and E. coli, as appropriate predictors 

of potential waterborne illness in water. However, because of the 

differing nature of marine and fresh water environments, the use 

of a single indicator for both marine and fresh water environments 

may be inappropriate to ensure the maximum protection of human 

health from waterborne illness. 

The Committee strongly encourages EPA to evaluate the appropriateness and effectiveness of both enterococci and E. coli indicators in its efforts to determine appropriate interim indicators for 

testing coastal recreation waters, while EPA completes its development of new or revised water quality criteria for coastal recreation 

waters. 


jlentini on PROD1PC65 with HEARING
13 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

On July 12, 2007, the Subcommittee on Water Resources and Environment held a hearing on ‘‘Reauthorization of the Beaches Environmental Assessment and Coastal Health Act’’. Testimony was 

given by Representative Frank Pallone, Representative Brian 

Bilbray, the Environmental Protection Agency, the Commissioner 

of the New Jersey Department of Environmental Protection, the 

Supervisor of the Town of Southampton, New York, the U.S. Government Accountability Office, and representatives of non-governmental organizations. 

On October 31, 2007, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2537 and adopted 

an amendment in the nature of a substitute to the bill. The amendment reduced the authorization of appropriations from $60 million 

annually to $40 million annually, modified the authority for source 

tracking to make the authority discretionary, directed EPA to develop criteria for the use of rapid testing methodologies, required 

States and local governments to immediately post signage notifying 

the public that a coastal recreation water may be impaired, and 

made technical and clarifying changes to the bill. The Committee 

ordered the bill, as amended, reported favorably to the House by 

voice vote with a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with any amendment offered to H.R. 

2537 or on ordering the bill reported. A motion to order H.R. 2537, 

as amended, reported favorably to the House was agreed to by 

voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(I) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included in the report. 


jlentini on PROD1PC65 with HEARING
14 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to provide for the monitoring 

of coastal recreation water quality and public notification of any exceeding of applicable water quality standards at beaches or similar 

points of public access adjacent to coastal recreation waters. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 2537 from the Director of the Congressional Budget Office. 

CONGRESSIONAL BUDGET OFFICE, U.S. CONGRESS, Washington, DC, November 13, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2537, the Beach Protection Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

ROBERT A. SUNSHINE, 

(For Peter R. Orszag). 

Enclosure. 

H.R. 2537—Beach Protection Act of 2007 

Summary: H.R. 2537 would authorize the appropriation of $40 

million a year over the 2008–2012 period for the water quality program that benefits coastal states under the Clean Water Act. 

Under this program, the Environmental Protection Agency (EPA) 

provides grants to state or local governments to support their efforts to monitor the quality of coastal waters and notify the public 

when beach water does not meet established standards. This legislation also would authorize the appropriation of such sums as may 

be necessary to manage the water quality program through 2012. 

Assuming the appropriation of the necessary funds, CBO esti- mates that implementing H.R. 2537 would cost $24 million in 2008 

and $186 million over the 2008–2012 period. Enacting the bill 

would not affect direct spending or revenues. 

H.R. 2537 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 2537 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

Spending Under Current Law: 

Budget Authority 1 ................................................................................ 11 0 0 0 0 


jlentini on PROD1PC65 with HEARING
15 

By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 

Estimated Outlays ................................................................................ 11 0 0 0 0 

Proposed Changes: 

Administrative Support: 

Estimated Authorization Level .................................................... * 1 1 1 1 

Estimated Outlays ....................................................................... * 1 1 1 1 

Beach Protection Grants: 

Estimated Authorization Level .................................................... 30 40 40 40 40 

Estimated Outlays ....................................................................... 24 38 40 40 40 

Total Changes: 

Estimated Authorization Level .................................................... 30 41 41 41 41 

Estimated Outlays ....................................................................... 24 39 41 41 41 

Spending Under H.R. 2537: 

Estimated Authorization Level 1 ........................................................... 41 41 41 41 41 

Estimated Outlays ................................................................................ 35 39 41 41 41 

Note: * = less than $500,000. 

1 The 2008 level is CBO’s current estimate of budget authority and outlays for grants and administrative expenses to support EPA’s pro- gram to protect beaches under Public Law 110–92, a joint resolution making continuing appropriations for the fiscal year 2008 and other 

purposes. CBO estimates budget authority provided under such continuing resolutions on an annualized basis. (That total of $11 million was also provided for 2007.) 

Basis of estimate: For this estimate, CBO assumes that H.R. 

2537 will be enacted before the end of calendar year 2007 and that 

the necessary funds will be appropriated for each year. 

The bill would authorize the appropriation of $40 million annually over the 2008–2012 period for grants to states to implement 

beach water quality and public notification programs. CBO estimates that, under the current continuing resolution for fiscal year 

2008 (Public Law 110–92), $10 million will be provided for grants 

in 2008 (on an annualized basis); thus, we estimate that implementing this legislation would require the appropriation of an additional $30 million in 2008 and $40 million in each subsequent year. 

Based on historical spending patterns for those grants, CBO estimates that providing the grants would cost $182 million over the 

2008–2012 period. 

H.R. 2537 also would authorize the appropriation of such sums 

as may be necessary for EPA to manage the program through 2012. 

Assuming appropriations for such administrative activities would 

continue at the estimated 2008 level under the current continuing 

resolution, CBO estimates that implementing the program would 

cost about $1 million a year over the 2009–2012 period. In total, 

CBO estimates that outlays resulting from the appropriations for 

grants and administrative activities would sum to $186 million 

over the 2008–2012 period. 

Intergovernmental and private-sector impact: H.R. 2537 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would impose no costs on state, local, or tribal governments. 

Estimate prepared by: Federal costs: Susanne S. Mehlman; Impact on state, local, and tribal governments: Neil Hood; Impact on 

the Private Sector; Amy Petz. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, H.R. 2537, as amended, does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits 


jlentini on PROD1PC65 with HEARING
16 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of 

the House of Representatives. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt State, local, or tribal law. The Committee states 

that H.R. 2537 does not preempt any State, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

FEDERAL WATER POLLUTION CONTROL ACT 

* * * * * * * 

TITLE III—STANDARDS AND ENFORCEMENT 

* * * * * * * 


jlentini on PROD1PC65 with HEARING
17 

INFORMATION AND GUIDELINES

SEC. 304. (a)(1) * * * 

* * * * * * * 

(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.—

(A) 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 

and rapid 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. 

* * * * * * * 

(C) PUBLICATION OF PATHOGEN AND PATHOGEN INDICATOR

LIST.—Upon publication of the new or revised water quality criteria under subparagraph (A), the Administrator shall publish 

in the Federal Register a list of all pathogens and pathogen indicators studied under section 104(v). 

* * * * * * * 

TITLE IV—PERMITS AND LICENSES 

* * * * * * * 

SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 

NOTIFICATION. 

(a) * * * 

(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.— (1) * * * 

* * * * * * * 

(3) SOURCE IDENTIFICATION PROGRAMS.—In carrying out a 

monitoring and notification program, a State or local government may develop and implement a coastal recreation waters 

pollution source identification and tracking program for coastal 

recreation waters adjacent to beaches or similar points of access 

that are used by the public and are not meeting applicable 

water quality standards for pathogens and pathogen indicators. 

ø(3)¿ (4) 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) * * * 

(ii) actions taken to notify the public and all environmental agencies of the State with authority to prevent or treat sources of pollution in coastal recreation 

waters when water quality standards are exceeded. 

* * * * * * * 

ø(4)¿ (5) FEDERAL SHARE.—


jlentini on PROD1PC65 with HEARING
18 

(A) * * * 

* * * * * * * 

(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) * * * 

* * * * * * * 

(4)(A) the methods, including rapid testing methods, to be 

used for detecting levels of pathogens and pathogen indicators 

that are harmful to human health; and 

* * * * * * * 

(5) measures for øprompt communication¿ communication, 

within 24 hours of the receipt of the results of a water quality 

sample, 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)(i) in the case of any State in which the Administrator 

is administering the program under section 402, the Administrator, in such form as the Administrator determines 

to be appropriate; and 

(ii) in the case of any State other than a State to which 

clause (i) applies, all agencies of the State government with 

authority to require the prevention or treatment of the 

sources of coastal recreation water pollution; and 

* * * * * * * 

(6) measures for an annual report to the Administrator, in 

such form as the Administrator determines appropriate, on the 

occurrence, nature, location, pollutants involved, and extent of 

any exceeding of applicable water quality standards for pathogens and pathogen indicators; 

(ii) in the case of any State other than a State to which 

clause (i) applies, all agencies of the State government with 

authority to require the prevention or treatment of the 

sources of coastal recreation water pollution; and 

ø(6)¿ (7) 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; øand¿ 

ø(7)¿ (8) 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 

standardsø.¿; 

(9) a publicly accessible and searchable global information 

system database with information updated within 24 hours of 

its availability, organized by beach or similar point of access 

and with defined standards, sampling plans, monitoring protocols, sampling results, and number and cause of closures and 

advisory days; 


jlentini on PROD1PC65 with HEARING
19 

(10) measures for the immediate posting of signs at beaches 

or similar points of access that are sufficient to give public notice following the results of any water quality sample that demonstrates an exceeding of applicable water quality standards for 

pathogens and pathogen indicators for the coastal recreation 

waters adjacent to such beaches or similar points of access; and 

(11) measures to ensure that closures or advisories are made 

or issued within 24 hours after the State government determines that any coastal recreation waters in the State are not 

meeting applicable water quality standards for pathogens and 

pathogen indicators. 

* * * * * * * 

(h) EPA IMPLEMENTATION.— (1) IN GENERAL.—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)— ø(1)¿ (A) to conduct monitoring and notification; and 

ø(2)¿ (B) for related salaries, expenses, and travel. 

(2) COMPLIANCE REVIEW.—On or before July 31 of each calendar year beginning after the date of enactment of this paragraph, the Administrator shall— (A) prepare a written assessment of compliance with all 

statutory and regulatory requirements of this section for 

each State and local government and of compliance with 

conditions of each grant made under this section to a State 

or local government; 

(B) notify the State or local government of such assessment; and 

(C) make each of the assessments available to the public 

in a searchable database on or before December 31 of such 

calendar year. 

(3) CORRECTIVE ACTION.—Any State or local government that 

the Administrator notifies under paragraph (2) that it is not in 

compliance with any requirement or grant condition described 

in paragraph (2) shall take such action as may be necessary to 

comply with such requirement or condition within one year of 

the date of the notification. If the State or local government is 

not in compliance with such requirement or condition within 

one year of such date, any grants made under subsection (b) to 

the State or local government, after the last day of such oneyear period and while the State or local government is not in 

compliance with all requirements and grant conditions described in paragraph (2), shall have a Federal share of not to 

exceed 50 percent. 

(4) GAO REVIEW.—Not later than December 31 of the third 

calendar year beginning after the date of enactment of this 

paragraph, the Comptroller General shall conduct a review of 

the activities of the Administrator under paragraphs (2) and (3) 

during the first and second calendar years beginning after such 


jlentini on PROD1PC65 with HEARING
20 

date of enactment and submit to Congress a report on the results of such review. 

(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), ø$30,000,000 for each of fiscal 

years 2001 through 2005¿ $40,000,000 for each of fiscal years 2008 

through 2012. 

* * * * * * * 

TITLE V—GENERAL PROVISIONS 

* * * * * * * 

GENERAL DEFINITIONS

SEC. 502. Except as otherwise specifically provided, when used in 

this Act: 

(1) * * * 

* * * * * * * 

(25) RAPID TESTING METHOD.—The term ‘‘rapid testing method’’ means a method of testing the water quality of coastal 

recreation waters for which results are available as soon as 

practicable and not more than 6 hours after a water quality 

sample is received by the testing facility. 

* * * * * * * 

BEACHES ENVIRONMENTAL ASSESSMENT AND 

COASTAL HEALTH ACT OF 2000 

* * * * * * * 

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 ø2005¿ 2012. 

Æ 


jlentini on PROD1PC65 with HEARING