I

104TH CONGRESS

1ST SESSION H. R. 1132

To amend the Federal Water Pollution Control Act to establish requirements

and provide assistance to prevent nonpoint sources of water pollution,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 3, 1995

Mr. OBERSTAR introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend the Federal Water Pollution Control Act to establish requirements and provide assistance to prevent

nonpoint sources of water pollution, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Nonpoint Source

5 Water Pollution Prevention Act of 1995’’.

6 SEC. 2. POLICY, FINDINGS, AND PURPOSES.

7 (a) POLICY.—It is the policy of the United States to

8 consummate the objective set forth in the Federal Water
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1 Pollution Control Act to ‘‘restore and maintain the chemi2 cal, physical, and biological integrity of the Nation’s wa3 ters’’.

4 (b) FINDINGS.—Congress finds the following:

5 (1) While the Federal Water Pollution Control

6 Act spoke to control of all sources of water pollution,

7 subsequent legislative and regulatory actions have

8 concentrated on point sources.

9 (2) United States citizens as Federal and State

10 taxpayers have spent $75,000,000,000 to clean up

11 municipal point sources. Citizens as consumers have

12 spent $130,000,000,000 to clean up industrial point

13 sources. Ninety percent of municipalities, and 95

14 percent of industry, currently comply with the Fed15 eral Water Pollution Control Act. Despite this costly

sacrifice, and high compliance rate, at least 1 16 ⁄3 of

17 the Nation’s waters have not attained water quality

18 standards.

19 (3) The major cause of this failure are nonpoint

20 sources of pollution: the neglected legacy and unfin21 ished agenda set forth in 1972 in the Federal Water

22 Pollution Control Act.

23 (4) It is time to complete the task set forth in

24 1972.
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1 (5) Nonpoint sources are best addressed on a

2 watershed basis by State and local and public and

3 private organizations and by citizens. The Federal

4 Government is a contributor, and must accept its

5 share of responsibility, but the prime authority and

6 most effective means are the province of State and

7 local entities. The Federal Government’s financial,

8 technical, and human resources must be harnessed

9 to assist in this effort.

10 (6) The right to private action on private land

11 is circumscribed by the responsibility not to destroy

12 natural resources which are the heritage of all Amer13 icans. Pollution of the Nation’s waters is not a right,

14 inviolate; nor is it free. Private pollution imposes

15 heavy public costs; denies rights, in terms of human

16 and aquatic health, clean water for industry, and

17 recreation; and impoverishes the enjoyment of these

18 rights by future generations.

19 (7) Section 319 of the Federal Water Pollution

20 Control Act, the Coastal Zone Act Reauthorization

21 Amendments of 1990, and the water quality pro22 grams of the Department of Agriculture have laid

23 the basis for and offer the supporting means to con24 trol and prevent nonpoint sources of pollution. Fur-
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1 ther legislation and resources are necessary to com2 plete the task in a timely fashion.

3 (8) To the extent the Federal Government con4 tinues to contribute financially to the water pollution

5 control effort, those resources should be divided be6 tween point and nonpoint sources on a basis com7 mensurate with each aspect of the problem.

8 (c) PURPOSES.—The purposes of this Act are—

9 (1) to prevent where possible, and reduce else10 where, nonpoint sources of pollution which, 2 dec11 ades after enactment of the Federal Water Pollution

12 Control Act, are the major cause of the degradation

13 of the Nation’s waters;

14 (2) to control and eliminate nonpoint sources of

15 pollution on Federal lands by creating a Federal

16 program and placing it directly under the President;

17 (3) to provide State and, to the extent possible,

18 local government and nongovernmental entities with

19 the means and responsibility for preventing nonpoint

20 source pollution within their jurisdictions;

21 (4) to encourage and reward compliance by will22 ing land owners and operators, while assuring that

23 they will not suffer competitive disadvantages from

24 those who refuse to comply with sound pollution pre25 vention practices;
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1 (5) to enable citizens to participate more di2 rectly in cleansing the Nation’s waters by providing

3 individual land owners and operators and other citi4 zens of a watershed the opportunity to participate in

5 designing their watershed implementation program

6 and through establishment of quality-assured citizen

7 monitoring programs to complement on-going State

8 monitoring efforts;

9 (6) to address water quality problems on a wa10 tershed basis; and

11 (7) to assure and enhance the health and well12 being of current and future generations of citizens,

13 business and industry, as well as the natural flow,

14 habitat structure, and biodiversity of the full range

15 of aquatic ecosystems.

16 TITLE I—NONPOINT SOURCE

17 MANAGEMENT PROGRAMS

18 SEC. 101. REVISION OF STATE NONPOINT SOURCE MANAGE19 MENT PROGRAMS.

20 Title III of the Federal Water Pollution Control Act

21 (33 U.S.C. 1311–1330) is amended by adding at the end

22 the following new section:
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1 ‘‘SEC. 321. REVISION OF NONPOINT SOURCE MANAGEMENT

2 PROGRAMS.

3 ‘‘(a) IN GENERAL.—The Governor of each State

4 shall, in accordance with the requirements of this section,

5 revise the management program of the State under section

6 319 for the purpose of achieving, in combination with con7 trols over point sources, full restoration and protection of

8 each target watershed in the State.

9 ‘‘(b) REGULATIONS.—Not later than 1 year after the

10 date of the enactment of this section, the Administrator

11 shall issue regulations and guidelines to carry out this sec12 tion.

13 ‘‘(c) IDENTIFICATION AND PRIORITIZATION OF TAR14 GET WATERSHEDS; NOTICE TO LAND OWNERS.—Not

15 later than 180 days after the date of issuance of regula16 tions under subsection (b), the Governor of each State

17 shall complete the following:

18 ‘‘(1) Identify target watersheds in the State.

19 ‘‘(2) Prioritize target watersheds in the State

20 into 5 priority groups (each consisting of approximately 1 21 ⁄5 of the target watersheds) on the basis of

22 the relative severity of nonpoint source pollution

23 problems in the target watersheds and other relevant

24 considerations. In prioritizing such target water25 sheds, the Governor may distribute among the prior-
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1 ity groups those watersheds which have been most

2 severely impacted by nonpoint sources.

3 ‘‘(3) Provide notice to land owners and opera4 tors designated by the State pursuant to subsection

5 (d)(2)(B) in 1st priority group watersheds that such

6 land owners and operators will be required to imple7 ment site-level programs.

8 ‘‘(d) REQUIRED REVISIONS.—

9 ‘‘(1) IN GENERAL.—The Governor of each

10 State, for that State or in combination with adjacent

11 States, shall, not later than 2 years after the date

12 of issuance of regulations under subsection (b), and

13 after notice and public comment, prepare and sub14 mit to the Administrator for approval revisions to

15 the management program of the State.

16 ‘‘(2) CONTENTS.—As revised under this sub17 section, the management program of a State shall,

18 at a minimum, contain the following:

19 ‘‘(A) LISTING OF TARGET WATERSHEDS.—

20 A listing of target watersheds in the State by

21 priority group, as identified pursuant to sub22 section (c).

23 ‘‘(B) SITE-LEVEL IMPLEMENTATION PRO24 GRAM.—An identification of a program under

25 which the State will require land owners and
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1 operators located in target watersheds to de2 velop and implement site-level programs and

3 will apply enforceable mechanisms in all cases

4 in which land owners and operators fail to de5 velop and implement such programs. Such iden6 tification shall include—

7 ‘‘(i) a description of methods used by

8 the State to designate land owners and op9 erators who will be required by the State

10 to implement site-level programs;

11 ‘‘(ii) a description of procedures to be

12 used by the State to approve or disapprove

13 site-level programs;

14 ‘‘(iii) a description of basic soil tests

15 and nutrient balance assessments which

16 the State will require land owners and op17 erators to conduct on agricultural lands to

18 ensure that crop nutrient availability on

19 such lands does not exceed levels rec20 ommended by cooperative extension agron21 omy manuals of the Department of Agri22 culture;

23 ‘‘(iv) a description of monitoring tech24 niques which will be used by the State to
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1 assess the success of site-level programs;

2 and

3 ‘‘(v) a description of enforceable

4 mechanisms which will be used by the

5 State to achieve compliance with the re6 quirements of the program.

7 ‘‘(C) IDENTIFICATION OF MONITORING

8 TECHNIQUES.—An identification of monitoring

9 techniques which will be used by the State to

10 assess the success of implementation of the

11 management program. Such monitoring tech12 niques shall include random on-site inspections

13 and in situ water quality monitoring of most

14 sensitive native and introduced fish species.

15 ‘‘(D) PROCEDURES FOR IDENTIFYING NEW

16 SOURCES.—Procedures and authority for identi17 fying and preventing new nonpoint sources of

18 pollution resulting from land use changes. Such

19 procedures shall be consistent with regulations

20 issued pursuant to section 304(n).

21 ‘‘(E) PROCEDURES FOR ADDING

22 SOURCES.—Procedures for adding categories

23 and subcategories of nonpoint sources of pollu24 tion and particular nonpoint sources of pollu25 tion to the categories, subcategories, and
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1 nonpoint sources designated under section

2 319(a)(1)(B) in order to reflect information ob3 tained through monitoring.

4 ‘‘(F) WATERSHED IMPLEMENTATION PRO5 GRAM FOR 1ST PRIORITY GROUP WATER6 SHEDS.—A program for implementation of the

7 management program in 1st priority group wa8 tersheds identified under subsection (c). Such

9 program shall comply with the requirements for

10 such program contained in subsection (e).

11 ‘‘(G) PROCEDURES FOR ADDING WATER12 SHEDS.—Procedures for adding watersheds to

13 the target watersheds and priority groups iden14 tified under subsection (c) in order to reflect

15 changes in water quality standards, changes in

16 land uses, and information obtained through

17 monitoring.

18 ‘‘(H) RECERTIFICATION.—A recertification

19 under section 319(b)(2)(D) of the authority of

20 the State to implement the management pro21 gram, as revised under this subsection, or a

22 schedule and commitment by the State to seek

23 such authority.
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1 ‘‘(I) SOURCES OF ASSISTANCE.—An up2 date of sources and other assistance listed pur3 suant to section 319(b)(2)(E).

4 ‘‘(J) OTHER REVISIONS.—Such other revi5 sions as the Administrator may require.

6 ‘‘(3) DESIGNATION OF LAND OWNERS AND OP7 ERATORS.—

8 ‘‘(A) IN GENERAL.—Except as provided by

9 subparagraphs (B), (C), and (D), all land own10 ers and operators in target watersheds who con11 duct nonpoint source activities identified under

12 section 319(a)(1)(B), or who conduct other

13 nonpoint source activities identified by the

14 State as causing or contributing to the overall

15 degradation of a target watershed, shall be des16 ignated to implement site-level programs pursu17 ant to paragraph (2)(B).

18 ‘‘(B) LAND OWNERS AND OPERATORS PAR19 TICIPATING IN QUALIFIED PROGRAMS.—

20 ‘‘(i) IN GENERAL.—A land owner or

21 operator participating in and complying

22 with the requirements of a qualified pro23 gram shall be treated as having satisfied

24 the requirements for implementation of a

25 site-level program under paragraph (2)(B)
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1 with respect to pollutants and land areas

2 regulated under the qualified program.

3 ‘‘(ii) QUALIFIED PROGRAM DE4 FINED.—For the purposes of clause (i),

5 the term ‘qualified program’ means any of

6 the following:

7 ‘‘(I) The Conservation Reserve

8 Program established under section

9 1231 of the Food Security Act of

10 1985.

11 ‘‘(II) The Agriculture Water

12 Quality Protection Program estab13 lished under section 1238B of the

14 Food Security Act of 1985.

15 ‘‘(III) The Integrated Farm

16 Management Program Option estab17 lished under section 1451 of the

18 Food, Agriculture, Conservation, and

19 Trade Act of 1990.

20 ‘‘(IV) The Organic Certification

21 Program under title XXI of the Food,

22 Agriculture, Conservation, and Trade

23 Act of 1990.

24 ‘‘(V) The Coastal Zone Reauthor25 ization Amendments of 1990.
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1 ‘‘(iii) FINANCIAL ASSISTANCE NOT RE2 QUIRED.—For the purposes of this sub3 paragraph, a land owner or operator shall

4 be considered to be participating in and

5 complying with the requirements of a

6 qualified program, whether or not the land

7 owner or operator is receiving financial as8 sistance under such program, if the spon9 soring agency provides certification with

10 respect to such compliance.

11 ‘‘(C) EXEMPTIONS FOR CATEGORIES AND

12 SUBCATEGORIES OF LAND OWNERS AND OPERA13 TORS.—A State may exempt a category or sub14 category of land owners and operators from re15 quirements for implementation of site-level pro16 grams under paragraph (2)(B) if the State de17 termines that such category or subcategory of

18 land owners and operators does not cause or

19 contribute significantly to the overall degrada20 tion of the target watershed.

21 ‘‘(D) EXEMPTIONS FOR SEVERE ECONOMIC

22 HARDSHIP.—A State may exempt a land owner

23 or operator from requirements for implementa24 tion of a site-level program under paragraph

25 (2)(B) if the land owner or operator can dem-
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1 onstrate severe economic hardship. Any such

2 demonstration shall include written loan denials

3 from at least 2 credit sources, including, in the

4 case of farm owners and operators, the Farm5 ers Home Administration. Any exception issued

6 under this subparagraph shall not apply with

7 respect to requirements to implement low cost

8 management practices for which major capital

9 outlays are not required.

10 ‘‘(E) ADEQUACY OF COVERAGE.—In grant11 ing exemptions to land owners and operators

12 under subparagraphs (C) and (D), a State shall

13 ensure that implementation of management

14 measures by land owners and operators in the

15 watershed will be sufficient to achieve full res16 toration and protection of the watershed in the

17 applicable 8-year period specified in subsection

18 (e)(2).

19 ‘‘(4) SOURCES OF ASSISTANCE.—In providing

20 notification to land owners and operators who will be

21 required to implement site-level programs pursuant

22 to paragraph (2)(B), a State shall specify proce23 dures for obtaining State approval of site-level pro24 grams and shall identify Federal, State, and local

25 sources of technical assistance, education, and other
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1 support for the development and implementation of

2 such programs.

3 ‘‘(5) COOPERATION REQUIREMENT.—Revisions

4 to the management program of a State to be submit5 ted under paragraph (1) shall be developed in co6 operation with local, substate regional, Federal, and

7 interstate entities, including local natural resource

8 conservation districts, as well as with other public

9 and private entities which have expertise in the con10 trol and prevention of nonpoint sources of pollution.

11 ‘‘(6) LIMITATION ON STATUTORY CONSTRUC12 TION.—Nothing in this subsection shall be construed

13 to preclude a State from adopting or enforcing

14 stricter standards than those contained in a revised

15 management program.

16 ‘‘(e) WATERSHED IMPLEMENTATION PROGRAMS.—

17 ‘‘(1) IN GENERAL.—In addition to the revisions

18 required under subsection (d), the Governor of each

19 State shall, in accordance with the schedule estab20 lished by paragraph (6), and after notice and public

21 comment, submit to the Administrator for approval

22 a program for implementation of the management

23 program of the State in each target watershed iden24 tified by the State under subsection (c).
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1 ‘‘(2) FULL RESTORATION AND PROTECTION.—

2 It shall be the purpose of each implementation pro3 gram for a target watershed submitted under para4 graph (1) to achieve full restoration and protection

5 of the watershed before the expiration of the 8-year

6 period beginning on the date of approval of the im7 plementation program.

8 ‘‘(3) WATERSHED MANAGEMENT CON9 FERENCES.—

10 ‘‘(A) IN GENERAL.—Each implementation

11 program for a target watershed submitted

12 under paragraph (1) shall be developed in con13 sultation with a watershed management con14 ference to be convened by the Governor.

15 ‘‘(B) MEMBERSHIP.—In convening a wa16 tershed management conference under this

17 paragraph, the Governor shall ensure that

18 members of the conference include representa19 tives of the following:

20 ‘‘(i) Categories and subcategories of

21 nonpoint sources.

22 ‘‘(ii) Categories and subcategories of

23 point sources, including publicly owned

24 treatment works.
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1 ‘‘(iii) Categories of significant water

2 users, including public water suppliers.

3 ‘‘(iv) Appropriate Federal, State, and

4 local agencies.

5 ‘‘(v) The environmental community.

6 ‘‘(vi) The scientific community.

7 ‘‘(vii) Tribal councils, in cases in

8 which target watersheds include tribal

9 lands.

10 ‘‘(viii) Other interested parties.

11 ‘‘(C) ROLE OF EXISTING ORGANIZA12 TIONS.—In cases in which there exists a water13 shed council or river basin management com14 mission with a decisionmaking body containing

15 representatives described in subparagraph (B),

16 such watershed council or river basin manage17 ment commission may carry out the functions

18 of a watershed management conference under

19 this paragraph.

20 ‘‘(4) CONTENTS.—Each implementation pro21 gram for a target watershed submitted under para22 graph (1) shall include the following:

23 ‘‘(A) LISTING OF CATEGORIES OF LAND

24 OWNERS AND OPERATORS.—A listing of cat25 egories of land owners and operators designated
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1 by the State pursuant to subsection (d)(2)(B)

2 to implement site-level programs and a descrip3 tion of the relative contribution which each such

4 category of land owners and operators is ex5 pected to make toward achieving full restoration

6 and protection.

7 ‘‘(B) CERTIFICATION.—A certification

8 that, on or before the date of submission of the

9 implementation program, land owners and oper10 ators in categories listed pursuant to subpara11 graph (A) have developed site-level programs,

12 have received State approval to implement such

13 site-level programs, and will begin implementa14 tion of such site-level programs immediately

15 upon approval of the implementation program

16 and that the State will apply enforceable mech17 anisms in all cases in which land owners and

18 operators have not complied with such require19 ments.

20 ‘‘(C) IDENTIFICATION OF PROGRAMS.—An

21 identification of all programs which will be car22 ried out by the State to achieve and evaluate

23 implementation of management measures in the

24 watershed, including the program required by

25 subsection (d)(2)(B), any program identified
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1 pursuant to section 319(b)(2)(B), and any

2 monitoring program under section 305(b).

3 ‘‘(D) POLITICAL SUBDIVISIONS.—An iden4 tification of political subdivisions and other

5 public and private entities which will work with

6 the State to carry out the implementation pro7 gram.

8 ‘‘(E) SOURCES OF ASSISTANCE.—Sources

9 of assistance, other than assistance provided

10 under section 319, which are available to the

11 State for carrying out the implementation pro12 gram and the purposes for which such assist13 ance will be used.

14 ‘‘(F) ANNUAL MILESTONES.—Annual mile15 stones for achieving full restoration and protec16 tion of the watershed.

17 ‘‘(5) SCHEDULE FOR SUBMISSION OF IMPLE18 MENTATION PROGRAMS.—The Governor of each

19 State shall submit a watershed implementation pro20 gram under paragraph (1) for each target watershed

21 in a priority group identified under subsection (c) in

22 accordance with the following schedule:

‘‘For each target watershed

in the following priority

group of the State:

An implementation program

shall be submitted:

1st priority group .......................... As part of revisions to the State’s

management program under subsection (d).
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‘‘For each target watershed

in the following priority

group of the State:

An implementation program

shall be submitted:

2nd priority group ......................... Not later than 11⁄2 years after the

date of approval of revisions of the

State’s management program.

3rd priority group .......................... Not later than 21⁄2 years after the

date of approval of revisions to the

State’s management program.

4th priority group .......................... Not later than 31⁄2 years after the

date of approval of revisions to the

State’s management program.

5th priority group .......................... Not later than 41⁄2 years after the

date of approval of revisions to the

State’s management program.

1 ‘‘(6) SCHEDULE FOR NOTIFICATION OF LAND

2 OWNERS AND OPERATORS.—The Governor of each

3 State shall notify land owners and operators des4 ignated by the State to implement site-level pro5 grams pursuant to subsection (d)(2)(B) in accord6 ance with the following schedule:

‘‘For each target watershed

in the following priority

group of the State:

Land owners and operators

shall be notified:

1st priority group .......................... As provided by subsection (c).

2nd priority group ......................... Not later than 6 months after the

date of approval of revisions to the

State’s management program.

3rd priority group .......................... Not later than 11⁄2 years after the

date of approval of revisions to the

State’s management program.

4th priority group .......................... Not later than 21⁄2 years after the

date of approval of revisions to the

State’s management program.

5th priority group .......................... Not later than 31⁄2 years after the

date of approval of revisions to the

State’s management program.

7 ‘‘(f) APPROVAL AND DISAPPROVAL OF PROGRAMS.—

8 ‘‘(1) IN GENERAL.—Revisions to the manage9 ment program of a State under subsection (d) and

10 each implementation program for a target watershed
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1 under subsection (e) shall be submitted to, and ap2 proved or disapproved by, the Administrator in ac3 cordance with the procedures described in section

4 319(d).

5 ‘‘(2) LOCAL AGENCIES AND ORGANIZATIONS.—

6 A local public agency or organization shall be eligible

7 for technical and financial assistance under section

8 319(e) in any case in which a State fails to submit

9 revisions to the management program of the State

10 under subsection (d) (or the Administrator does not

11 approve such revisions) and in any case in which a

12 State fails to submit an implementation program for

13 a target watershed under subsection (e) (or the Ad14 ministrator does not approve such implementation

15 program).

16 ‘‘(3) PREPARATION OF PROGRAMS BY EPA.—

17 The Administrator shall prepare revisions to the

18 management program of a State and shall prepare

19 an implementation program for a target watershed

20 in a State in any case in which such revisions or im21 plementation program are not prepared by the State

22 or by a local public agency or organization in the

23 State in accordance with the requirements of this

24 section.
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1 ‘‘(g) ELIGIBILITY FOR GRANTS FOR IMPLEMENTA2 TION OF MANAGEMENT PROGRAMS.—

3 ‘‘(1) IN GENERAL.—Except as provided by

4 paragraph (2), no grant shall be made to a State

5 under section 319(h) in any fiscal year unless the

6 Administrator determines that the State in the pre7 vious fiscal year—

8 ‘‘(A) complied with all applicable require9 ments contained in this section, including re10 quirements relating to identification and

11 prioritization of target watersheds, notification

12 of land owners and operators, submission of re13 vised management programs, submission of im14 plementation programs, use of enforceable

15 mechanisms, and implementation of additional

16 management measures; and

17 ‘‘(B) made satisfactory progress in meeting

18 annual milestones for achieving full restoration

19 and protection of each target watershed in the

20 State under the implementation program for

21 such watershed developed under subsection (e).

22 ‘‘(2) SPECIAL RULE.—If the Administrator de23 termines under paragraph (1) that a State has met

24 the requirements described in such paragraph only

25 with respect to certain watersheds in the State, the
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1 Administrator may make a grant to the State under

2 section 319(h) to assist the State in implementing

3 its management program in such watersheds.

4 ‘‘(3) MONITORING.—The Administrator shall

5 make determinations regarding satisfactory progress

6 under paragraph (1)(B) on the basis of certifications

7 made by each State as to the results of monitoring

8 activities being conducted by the State.

9 ‘‘(h) PENALTIES.—

10 ‘‘(1) IN GENERAL.—Immediately upon a deter11 mination by the Administrator under subsection

12 (g)(1) that a State has not met the requirements of

13 this section, and until such time as the Adminis14 trator determines otherwise, the following restric15 tions shall apply with respect to the State:

16 ‘‘(A) The Administrator or the State (in

17 the case of an approved permit program under

18 section 402) shall not approve any application

19 for a new permit under section 402 and shall

20 not allow any increase in discharges covered

21 under existing permits under section 402.

22 ‘‘(B) The Secretary of the Army or a State

23 (in the case of an approved permit program

24 under section 404) shall not approve any appli25 cation for a new permit under section 404 and
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1 shall not allow any increase in discharges cov2 ered under existing permits under section 404.

3 ‘‘(2) SPECIAL RULE.—If the Administrator de4 termines under subsection (g)(1) that a State has

5 met the requirements described in such subsection

6 with respect to certain watersheds in the State, the

7 restrictions described in paragraph (1) shall not

8 apply with respect to such watersheds.

9 ‘‘(3) APPLICATION FOR NEW PERMIT DE10 FINED.—For the purposes of this subsection, the

11 term ‘application for a new permit’ shall not include

12 an application to renew an existing permit.

13 ‘‘(i) ADDITIONAL MEASURES.—If the Governor of a

14 State determines, upon the expiration of the 8-year period

15 beginning on the date of approval of an implementation

16 program for a target watershed submitted under sub17 section (e), that full restoration and protection of the tar18 get watershed has not been achieved, the Governor shall,

19 in each succeeding 2-year period, take either or both of

20 the following actions to ensure that full restoration and

21 protection is achieved before the expiration of the 12-year

22 period beginning on such date:

23 ‘‘(A) Require land owners and operators who

24 have implemented site-level programs and land own25 ers and operators participating in qualified pro-
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1 grams, as defined in subsection (d)(3)(B), in the

2 target watershed to undertake additional manage3 ment measures under such programs.

4 ‘‘(B) Require additional land owners and opera5 tors (including, as necessary, land owners and opera6 tors participating in qualified programs, as defined

7 in subsection (d)(3)(B)) in the target watershed to

8 implement site-level programs.

9 ‘‘(j) ENFORCEMENT OF WATER QUALITY STAND10 ARDS.—

11 ‘‘(1) IN GENERAL.—Except as provided by

12 paragraph (2), following the expiration of the 8-year

13 period beginning on the date of approval of an im14 plementation program for a target watershed sub15 mitted under subsection (e) water quality standards

16 shall be enforceable against nonpoint sources of pol17 lution in such watershed.

18 ‘‘(2) EXCEPTIONS.—In the 4-year period follow19 ing the expiration of the 8-year period referred to in

20 paragraph (1), a land owner or operator complying

21 with the requirements of—

22 ‘‘(A) a permit issued pursuant to section

23 402,

24 ‘‘(B) a site-level program implemented

25 under this section,
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1 ‘‘(C) a water quality protection plan imple2 mented under section 1238B of the Food Secu3 rity Act of 1985,

4 ‘‘(D) an integrated farm management plan

5 implemented under section 1451(b)(1)(C) of the

6 Food, Agriculture, Conservation, and Trade Act

7 of 1990,

8 ‘‘(E) an enforceable coastal nonpoint man9 agement plan approved under section 6217 of

10 the Coastal Zone Act Reauthorization Amend11 ments of 1990, or

12 ‘‘(F) regulations issued pursuant to section

13 319(o), shall not be subject to any penalty for

14 violation of water quality standards with respect

15 to nonpoint source pollutants and land areas

16 regulated under such requirements.

17 ‘‘(k) CONTINUED MONITORING.—Upon achievement

18 of full restoration and protection of a target watershed

19 in a State, the Governor shall continue to monitor the wa20 tershed to assure that full restoration and protection is

21 maintained.

22 ‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—

23 Nothing contained in this section shall be construed to

24 limit the authority or responsibility of the Administrator
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1 or a State to develop and enforce total maximum daily

2 loads under section 303(d).

3 ‘‘(m) DEFINITIONS.—For the purposes of this section

4 and section 319, the following definitions apply:

5 ‘‘(1) ENFORCEABLE MECHANISMS.—The term

6 ‘enforceable mechanisms’ means State and local

7 measures which are legally binding through constitu8 tional provisions, laws, regulations, local land use

9 plans, ordinances, judicial or administrative deci10 sions, permits, contracts, or other means by which a

11 State or political subdivision requires compliance

12 with the provisions of this section.

13 ‘‘(2) FULL RESTORATION AND PROTECTION.—

14 The term ‘full restoration and protection’ means—

15 ‘‘(A) attainment and maintenance of all

16 applicable water quality standards;

17 ‘‘(B) protection and propagation of a bal18 anced, indigenous population of aquatic and

19 aquatic-dependent species, aquatic ecosystem

20 biodiversity, and habitat restoration and main21 tenance;

22 ‘‘(C) protection of public health;

23 ‘‘(D) restoration and maintenance of rec24 reational activities in and on the water; and
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1 ‘‘(E) protection of underwater sediments

2 through pollution prevention activities.

3 ‘‘(3) INDIGENOUS.—The term ‘indigenous’ in4 cludes established populations of introduced, bene5 ficial species.

6 ‘‘(4) MANAGEMENT MEASURES.—The term

7 ‘management measures’ means economically achiev8 able measures for control of the addition of pollut9 ants from existing and new categories and classes of

10 nonpoint sources of pollution which reflect the great11 est degree of pollutant reduction achievable through

12 the application of the best available nonpoint pollu13 tion control methods, technologies, processes, siting

14 criteria, operating methods, or other alternatives.

15 Such term shall include—

16 ‘‘(A) measures specified in guidance issued

17 pursuant to section 6217(g) of the Coastal

18 Zone Act Reauthorization Amendments of

19 1990;

20 ‘‘(B) water quality protection practices

21 contained in guidance materials for water qual22 ity protection developed pursuant to section

23 1238D of the Food Security Act of 1985 and

24 farming operations and practices developed pur-
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1 suant to section 1451 of the Food, Agriculture,

2 Conservation, and Trade Act of 1990; and

3 ‘‘(C) other measures or comprehensive

4 management plans that assure at least as much

5 water quality protection as the measures and

6 practices specified in subparagraphs (A) and

7 (B).

8 ‘‘(5) MANAGEMENT PROGRAM.—The term

9 ‘management program’ means a nonpoint source

10 management program prepared under section 319.

11 ‘‘(6) SITE-LEVEL PROGRAM.—The term ‘site12 level program’ means a program developed by a land

13 owner or operator under regulations or guidelines is14 sued by a State which provides for the implementa15 tion of management measures by the land owner or

16 operator. Site-level programs in high-density popu17 lation areas may be developed, as determined by the

18 State, by a political subdivision of the State. Site19 level programs shall be developed and implemented

20 to be consistent with, and collectively to enable, the

21 attainment and maintenance of full restoration and

22 protection for the watershed.

23 ‘‘(7) TARGET WATERSHEDS.—The term ‘target

24 watersheds’ means all watersheds in a State which

25 have been identified as being impaired or threatened
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1 in whole or in part by nonpoint sources of pollution

2 under section 319(a)(1), section 304(l), or section

3 305(b) and all watersheds in the State containing

4 drinking water supplies vulnerable to use impair5 ment and not otherwise included in such identifica6 tions.’’.

7 SEC. 102. GRANTS.

8 (a) GRANT PROGRAM.—Section 319(h) of the Fed9 eral Water Pollution Control Act (33 U.S.C. 1329(h)) is

10 amended—

11 (1) in paragraph (1) by inserting ‘‘and for

12 which the Administrator makes an affirmative deter13 mination under section 321(g),’’ after the first

14 comma;

15 (2) in paragraph (2) by striking ‘‘, including an

16 identification’’ and all that follows before the period;

17 (3) by striking paragraphs (5) and (8) and re18 designating paragraphs (6), (7), (9), (10), (11), and

19 (12) as paragraphs (5), (6), (7), (8), (9), and (10),

20 respectively;

21 (4) in paragraph (9), as redesignated, by strik22 ing ‘‘(A) its progress’’ and all that follows before the

23 period and inserting ‘‘its progress in obtaining full

24 restoration and protection of target watersheds in

25 the State’’; and
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1 (5) in paragraph (10), as redesignated, by

2 striking ‘‘10 percent of the amount of the grant in

3 such year’’ and inserting ‘‘20 percent of the amount

4 of the grant in such year or $200,000, whichever

5 amount is greater, ’’.

6 (b) GRANTS FOR PROTECTING GROUNDWATER

7 QUALITY.—Paragraph (1) of section 319(i) is amended by

8 inserting ‘‘and for which the Administrator makes an af9 firmative determination under section 321(g),’’ after the

10 first comma.

11 SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

12 Section 319(j) of the Federal Water Pollution Control

13 Act (33 U.S.C. 1329(j)) is amended—

14 (1) by striking ‘‘and’’ after ‘‘1990,’’; and

15 (2) by inserting ‘‘, and $500,000,000 per fiscal

16 year for each of fiscal years 1996, 1997, 1998,

17 1999, and 2000’’ after ‘‘1991’’.

18 SEC. 104. REPORTS.

19 Section 319(m) of the Federal Water Pollution Con20 trol Act (33 U.S.C. 1329(m)) is amended to read as fol21 lows:

22 ‘‘(m) REPORTS TO CONGRESS.—The Administrator

23 shall transmit to Congress on the date that is 4 years after

24 the date of approval of the first watershed implementation

25 program approved pursuant to section 321(e), and at least
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1 once every 4 years thereafter, a report containing an eval2 uation of the progress made by States in obtaining full

3 restoration and protection of target watersheds.’’.

4 SEC. 105. INDIAN TRIBES.

5 (a) SET-ASIDE FOR NONPOINT SOURCE PRO6 GRAMS.—The second sentence of section 518(f) of the

7 Federal Water Pollution Control Act (33 U.S.C. 1377(f))

8 is amended to read as follows: ‘‘Not less than 5 percent

9 of the amount appropriated for any fiscal year under sec10 tion 319 shall be used to make grants under this sub11 section.’’.

12 (b) TECHNICAL CORRECTION.—The third sentence of

13 section 518(f) of such Act is amended by striking ‘‘sub14 section (d)’’ and inserting ‘‘subsection (e)’’.

15 SEC. 106. MANAGEMENT MEASURES FOR NONPOINT

16 SOURCES OF POLLUTION IN NON-COASTAL

17 AREAS.

18 Not later than 1 year after the date of the enactment

19 of this Act, the Administrator of the Environmental Pro20 tection Agency shall publish modifications to guidance for

21 specifying management measures for sources of nonpoint

22 pollution issued pursuant to section 6217(g) of the Coastal

23 Zone Act Reauthorization Amendments of 1990 (104

24 Stat. 1388–317) in order to extend the application of such

25 guidance to non-coastal areas.
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1 TITLE II—NONPOINT SOURCE

2 PREVENTION ON FEDERAL

3 LANDS

4 SEC. 201. REGULATION OF NONPOINT SOURCE POLLUTION

5 ON FEDERAL LANDS.

6 Section 319 of the Federal Water Pollution Control

7 Act (33 U.S.C. 1329) is amended by adding at the end

8 the following new subsection:

9 ‘‘(o) FEDERAL LANDS MANAGEMENT PROGRAM.—

10 ‘‘(1) REGULATIONS.—Not later than 2 years

11 after the date of the enactment of this subsection,

12 the President shall issue regulations for the preven13 tion and control of nonpoint sources of pollution on

14 all lands owned or managed by the Federal Govern15 ment.

16 ‘‘(2) CONTENTS.—Regulations issued under

17 paragraph (1) shall require random, periodic on-site

18 and in situ monitoring by the Director of the Geo19 logical Survey and the reporting of the results of

20 such monitoring to the Administrator. Such regula21 tions shall also require implementation of measures

22 adequate to attain full restoration and protection of

23 affected watersheds as soon as practicable but in no

24 event later than 8 years after the date of issuance

25 of such regulations. For the purposes of this para-
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1 graph, the term ‘full restoration and protection’ has

2 the meaning given such term in section 321.

3 ‘‘(3) EFFECTIVE DATE.—Final regulations is4 sued under paragraph (1) shall take effect not later

5 than 1 year after the date of issuance of the regula6 tions.

7 ‘‘(4) REVISION OF EXISTING LICENSES.—Any

8 license, permit, contract, special use permit, lease,

9 agreement, claim, or related operational authority, in

10 effect before the date of issuance of final regulations

11 under paragraph (1), between a Federal agency and

12 any person authorizing activities on Federal lands

13 shall be revised, as necessary, to comply with the re14 quirements of such regulations.

15 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC16 TION.—Nothing in this subsection shall be construed

17 to limit the authority of a State or the President to

18 require the implementation of such additional con19 trols over nonpoint sources of pollution on lands

20 owned or managed by the Federal Government as

21 may be necessary to protect public health and to at22 tain and maintain water quality standards adopted

23 pursuant to section 303, antidegradation require24 ments, and other requirements of this Act.’’.
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1 SEC. 202. HIGHWAY CONSTRUCTION.

2 Section 319 of the Federal Water Pollution Control

3 Act (33 U.S.C. 1329) is further amended by adding at

4 the end the following new subsection:

5 ‘‘(p) HIGHWAY CONSTRUCTION.—

6 ‘‘(1) DEVELOPMENT OF MEASURES AND PRAC7 TICES.—The President shall develop and publish

8 measures and practices to prevent pollution resulting

9 from federally assisted highway construction projects

10 and shall promote the implementation of such meas11 ures and practices. Such measures and practices

12 shall include guidance requiring the location and de13 sign of federally-assisted highways to be fully protec14 tive of water quality and aquatic habitat.

15 ‘‘(2) EROSION CONTROL GUIDELINES.—Erosion

16 control guidelines developed by the Secretary of

17 Transportation under section 1057 of the Inter18 modal Surface Transportation Efficiency Act of

19 1991 shall, at a minimum, require the implementa20 tion of the measures and practices developed under

21 paragraph (1) in the case of any construction project

22 authorized under chapter 1 of title 23, United States

23 Code.

24 ‘‘(3) APPROVAL OF HIGHWAY PROJECTS.—The

25 Secretary of Transportation shall not approve under

26 section 106 of title 23, United States Code, any sur-
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1 vey, plan, specification, or estimate for a proposed

2 highway project unless the Secretary determines that

3 the project will be constructed in accordance with

4 the requirements contained in the erosion control

5 guidelines referred to in paragraph (2).’’.

6 SEC. 203. AGRICULTURAL PROGRAM COORDINATION.

7 Section 319 of the Federal Water Pollution Control

8 Act (33 U.S.C. 1329) is further amended by adding at

9 the end the following new subsection:

10 ‘‘(q) AGRICULTURAL PROGRAM COORDINATION.—

11 ‘‘(1) REPORT.—Not later than 1 year after the

12 date of the enactment of this subsection, the Admin13 istrator, in consultation with the Secretary of Agri14 culture, shall transmit to Congress a report on—

15 ‘‘(A) the efficacy of programs to protect

16 water quality established under sections 1212,

17 1231, 1237, and 1238B of the Food Security

18 Act of 1985 and section 1451 of the Food, Ag19 riculture, Conservation, and Trade Act of 1990;

20 and

21 ‘‘(B) barriers, if any, to prevention and

22 control of nonpoint sources of pollution created

23 by programs of the Department of Agriculture.

24 ‘‘(2) CONTENTS.—The report to be transmitted

25 under paragraph (1) shall, at a minimum, contain—
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1 ‘‘(A) an estimate of reductions and antici2 pated reductions in water pollution from agri3 culture;

4 ‘‘(B) a description of participation in the

5 programs referred to in paragraph (1)(A), in6 cluding the number and acreage of farms en7 rolled in the programs;

8 ‘‘(C) recommendations for legislative and

9 administrative reforms to improve the effective10 ness of the programs referred to in paragraph

11 (1)(A); and

12 ‘‘(D) recommendations for legislative and

13 administrative reforms to remove any barriers

14 described in paragraph (1)(B).’’.

15 TITLE III—WATER QUALITY

16 CRITERIA; STANDARDS;

17 ANTIDEGRADATION; NEW

18 SOURCES

19 SEC. 301. WATER QUALITY CRITERIA FOR EFFECTS OF

20 NONPOINT SOURCE POLLUTION.

21 (a) REVISION OF CRITERIA AND INFORMATION.—

22 Section 304(a) of the Federal Water Pollution Control Act

23 (33 U.S.C. 1314) is amended by adding at the end the

24 following new paragraph:
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1 ‘‘(9) REVISION OF CRITERIA AND INFORMA2 TION.—

3 ‘‘(A) IN GENERAL.—Not later than 3 years

4 after the date of the enactment of this para5 graph, and at least once every 3 years there6 after, the Administrator shall revise criteria and

7 information developed under paragraphs (1)

8 and (2) in accordance with this paragraph and

9 publish such revisions.

10 ‘‘(B) REQUIREMENTS.—In making revi11 sions under subparagraph (A), the Adminis12 trator shall—

13 ‘‘(i) consider the factors necessary to

14 restore and maintain the chemical, phys15 ical, and biological integrity of water bod16 ies;

17 ‘‘(ii) consider the factors necessary to

18 assure the protection and propagation of a

19 balanced, indigenous population of aquatic

20 and aquatic-dependent species, aquatic eco21 system biodiversity, and habitat mainte22 nance and provide for protection of public

23 health and for recreational activities in and

24 on the water;
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1 ‘‘(iii) identify numerical pollutant con2 centration limits, where applicable, and

3 other numeric criteria for varying types of

4 waters which are sufficient to assure at5 tainment of all factors specified in clause

6 (ii); and

7 ‘‘(iv) identify numerical pollutant con8 centration limits (including, as appro9 priate, a limit of zero) and other numerical

10 criteria appropriate for varying types of re11 ceiving waters which are sufficient to as12 sure attainment of uses established by the

13 State.

14 ‘‘(C) USE OF BIOLOGICAL MONITORING

15 AND ASSESSMENT METHODS.—In addition to

16 establishing a pollutant concentration limit in

17 accordance with subparagraph (B), or as an al18 ternative to establishing such a limit where a

19 pollutant concentration limit is not yet avail20 able, the Administrator may establish a biologi21 cal monitoring and assessment method for a

22 pollutant or nonpoint source effect if the meth23 od includes an objective and enforceable limit

24 expressed in numerical terms. Biocriteria shall
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1 supplement and shall not supersede other cri2 teria, including numerical criteria.’’.

3 (b) INFORMATION ON PROTECTION OF WATER SUP4 PLIES.—

5 (1) CONTENT.—Section 304(a)(5)(A) of such

6 Act (33 U.S.C. 1314(a)(5)(A)) is amended by strik7 ing ‘‘for the protection of public water supplies’’ and

8 all that follows before the period and inserting ‘‘for

9 the protection of current and potential water sup10 plies and the protection and propagation of a bal11 anced, indigenous population of aquatic and aquatic12 dependent species, aquatic biodiversity, and habitat

13 maintenance and to allow for protection of public

14 health and to allow for recreational activities in and

15 on the water’’.

16 (2) REVISIONS.—The Administrator shall revise

17 information published pursuant to section

18 304(a)(5)(A) of such Act in accordance with the

19 amendment made by paragraph (1).

20 (c) WATER QUALITY CRITERIA.—Section 304(a) of

21 such Act (33 U.S.C. 1314(a)) is amended by adding at

22 the end the following new paragraph:

23 ‘‘(10) WATER QUALITY CRITERIA PRIORITY.—

24 In developing and publishing criteria for water qual25 ity under paragraph (1), and in making revisions to
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1 such criteria under paragraph (9), the Administrator

2 shall give priority to those chemical, physical, and

3 biological parameters associated with degradation of

4 water quality by nonpoint sources of pollution, in5 cluding—

6 ‘‘(A) total nitrogen, total phosphorus, and

7 other pollutants producing eutrophication ef8 fects in waterbodies;

9 ‘‘(B) pesticides in use in the United

10 States;

11 ‘‘(C) average annual sediment loads into

12 waterbodies that will prevent harmful effects on

13 aquatic life and habitat from all sources of sedi14 ment, including agricultural, silvicultural, and

15 construction site runoff;

16 ‘‘(D) parameters defining the physical

17 structure of healthy aquatic habitat, including

18 natural streambed formations, streambank and

19 channel structure, and riparian vegetation;

20 ‘‘(E) parameters defining the protection,

21 improvement, and maintenance of flow regime

22 criteria for urban and urbanizing streams, in23 cluding flow regimes (including peak discharge

24 levels) and limits on the frequency of erosive

25 bankfull flooding events; and
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1 ‘‘(F) any pollutant listed pursuant to sec2 tion 307(a)(1) for which no criteria are pub3 lished.’’.

4 SEC. 302. WATER QUALITY STANDARDS.

5 (a) NUMERICAL CRITERIA FOR NONPOINT

6 SOURCES.—Section 303(c)(2)(B) of the Federal Water

7 Pollution Control Act (33 U.S.C. 1313(c)(2)(B)) is

8 amended—

9 (1) in the first sentence by inserting ‘‘and all

10 nonpoint source pollutants’’ after ‘‘section 307(a)(1)

11 of this Act’’; and

12 (2) by striking the second sentence and insert13 ing the following: ‘‘Such criteria shall be specific nu14 merical criteria for such toxic and nonpoint source

15 pollutants, including physical and hydrological pa16 rameters.’’.

17 (b) REQUIREMENT FOR WATER QUALITY STAND18 ARDS PROMULGATED BY EPA.—Section 303(c)(4) of such

19 Act is amended by adding at the end the following: ‘‘Any

20 water quality standard promulgated under this paragraph

21 shall be at least as protective as the criteria for water

22 quality developed under section 304(a)(1).’’.
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1 SEC. 303. FEDERAL ANTIDEGRADATION REQUIREMENTS.

2 Section 303 of the Federal Water Pollution Control

3 Act (33 U.S.C. 1313) is amended by adding at the end

4 the following new subsection:

5 ‘‘(i) ANTIDEGRADATION REQUIREMENTS.—

6 ‘‘(1) REGULATIONS.—The Administrator shall

7 issue regulations which—

8 ‘‘(A) extend antidegradation policies and

9 plans that are protective of existing water qual10 ity and existing in-stream uses to apply to new

11 and existing sources of nonpoint source pollu12 tion in the same manner and to the same extent

13 that such policies and plans apply to point

14 sources of pollution; and

15 ‘‘(B) extend antidegradation policies and

16 plans that are protective of both high quality

17 waters and outstanding national resource wa18 ters to apply to land use changes resulting in

19 new or increased nonpoint source pollution to

20 the same extent that such policies and plans

21 apply to point sources of pollution.

22 ‘‘(2) DEADLINES.—The Administrator shall—

23 ‘‘(A) issue proposed regulations under

24 paragraph (1) not later than 9 months after the

25 date of the enactment of this subsection; and
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1 ‘‘(B) issue final regulations under para2 graph (1) not later than 12 months after the

3 date of the enactment of this subsection.’’.

4 SEC. 304. IDENTIFICATION OF NEW NONPOINT SOURCES OF

5 POLLUTION.

6 Section 304 of the Federal Water Pollution Control

7 Act (33 U.S.C. 1314) is amended by adding at the end

8 the following new subsection:

9 ‘‘(n) IDENTIFICATION OF NEW NONPOINT SOURCES

10 OF POLLUTION.—

11 ‘‘(1) GUIDANCE AND PROCEDURES.—Not later

12 than 1 year after the date of the enactment of this

13 subsection, the Administrator shall issue guidance

14 and adopt procedures—

15 ‘‘(A) for identifying and recording new

16 land disturbances and alterations (including al17 terations and disturbances identified pursuant

18 to subsection (f)) which may generate, promote,

19 or increase pollution from nonpoint sources;

20 and

21 ‘‘(B) for ensuring that any new land dis22 turbances or alterations do not cause contraven23 tion of any applicable water quality or sediment

24 standard.
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1 ‘‘(2) CONTENTS.—The guidance to be issued

2 under paragraph (1) shall contain—

3 ‘‘(A) requirements which ensure that in

4 cases in which land use changes result in new

5 sources of water pollution or in increased loads

6 of pollution from existing sources, land owners

7 and operators will (i) notify the State prior to

8 such land use changes, and (ii) install and im9 plement in full at the time of the land use

10 changes enhanced management measures ap11 propriate to the land use category;

12 ‘‘(B) requirements applicable to both pub13 licly and privately owned lands which ensure

14 that an antidegradation review will be con15 ducted concerning residual nonpoint sources of

16 pollution that can be anticipated even after in17 stallation and implementation of enhanced man18 agement measures pursuant to subparagraph

19 (A); and

20 ‘‘(C) provisions specifying that failure to

21 fully implement such management measures at

22 the time of the land use changes will constitute

23 a violation of the State’s management program

24 under section 319, as revised pursuant to sec25 tion 321.
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1 ‘‘(3) LAND DISTURBANCES AND ALTERATIONS

2 DEFINED.—For the purposes of this subsection, the

3 term ‘land disturbances and alterations’ shall not in4 clude disturbances and alterations attributed to nor5 mal farming and ranching activities such as plowing,

6 seeding, cultivating, or harvesting for the production

7 of food and fiber.

8 ‘‘(4) ENHANCED MANAGEMENT MEASURES DE9 FINED.—For the purposes of this subsection, the

10 term ‘enhanced management measures’ means meas11 ures designed to prevent generation of runoff, incor12 porating siting, design, and land use management

13 and resource extraction criteria that reflect the most

14 water-quality-sensitive practices available for the

15 land use in question within the economic capacity of

16 the land owner or operator.’’.

17 TITLE IV—CITIZEN WATERSHED

18 MONITORING PROGRAM

19 SEC. 401. CITIZEN WATERSHED MONITORING PROGRAM.

20 Section 305 of the Federal Water Pollution Control

21 Act (33 U.S.C. 1315) is amended by adding at the end

22 the following new subsection:

23 ‘‘(c) CITIZEN WATERSHED MONITORING PRO24 GRAM.—
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1 ‘‘(1) IN GENERAL.—Each State shall establish

2 and carry out a citizen watershed monitoring pro3 gram in accordance with the requirements of this

4 subsection.

5 ‘‘(2) IMPLEMENTATION.—A State may carry

6 out a citizen watershed monitoring program either

7 directly or by entering into cooperative agreements

8 or contracts with appropriate organizations, includ9 ing educational institutions.

10 ‘‘(3) PARTICIPATION.—Water quality monitor11 ing under a citizen watershed monitoring program

12 under paragraph (1) shall be conducted by program

13 participants with appropriate qualifications and

14 training. Program participants may include stu15 dents, farmers, local labor organizations, natural re16 source conservation districts, environmental groups,

17 and other interested persons.

18 ‘‘(4) TRAINING.—A citizen watershed monitor19 ing program under paragraph (1) shall provide for

20 the training and evaluation of all program partici21 pants. Such training and evaluation shall be carried

22 out as a continuing component of the program in

23 order to ensure the reliability of data collected under

24 the program.
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1 ‘‘(5) QUALITY ASSURANCE.—In conducting a

2 citizen watershed monitoring program under para3 graph (1), a State shall use quality assurance con4 trol procedures described in guidance on planning

5 and implementing volunteer monitoring programs is6 sued by the Environmental Protection Agency or

7 equivalent procedures developed by the State.

8 ‘‘(6) USE OF DATA.—Data obtained under a

9 citizen watershed monitoring program under para10 graph (1) shall be used to obtain information re11 quired under subparagraphs (A) and (E) of sub12 section (b)(1) and to develop and implement

13 nonpoint source management programs under sec14 tion 319, as revised pursuant to section 321.

15 ‘‘(7) AVAILABILITY OF DATA.—A State shall

16 make the data collected under a citizen watershed

17 monitoring program under paragraph (1) available

18 for public review.

19 ‘‘(8) FUNDING.—A State shall use 5 percent of

20 the amount made available to the State under sec21 tion 319(h) in any fiscal year beginning after the

22 date of the enactment of this subsection or $100,000

23 (whichever amount is greater for such fiscal year) to

24 carry out this subsection.’’.

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