I

104TH CONGRESS

1ST SESSION H. R. 1102

To amend the Federal Water Pollution Control Act to reserve a portion

of the funds made available for capitalization grants for water pollution

control revolving funds for the purpose of making grants to States

that set aside amounts of State funds for water pollution control in

excess of the amounts required under such Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1995

Mr. PETRI (for himself, Mr. OBEY, Mr. SENSENBRENNER, Mr. ROTH, Mr.

GUNDERSON, Mr. KLECZKA, Mr. KLUG, Mr. BARRETT of Wisconsin, and

Mr. NEUMANN) 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 reserve

a portion of the funds made available for capitalization

grants for water pollution control revolving funds for

the purpose of making grants to States that set aside

amounts of State funds for water pollution control in

excess of the amounts required under such Act, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Level of Effort Clean

3 Water Bonus Fund Act of 1995’’.

4 SEC. 2. LEVEL OF EFFORT CAPITALIZATION GRANTS.

5 (a) IN GENERAL.—Section 604 of the Federal Water

6 Pollution Control Act (33 U.S.C. 1384) is amended—

7 (1) in subsection (a), by striking ‘‘Sums’’ and

8 inserting ‘‘Subject to subsection (d), sums’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(d) LEVEL OF EFFORT CAPITALIZATION GRANTS.—

12 ‘‘(1) IN GENERAL.—For each fiscal year, the

13 Administrator shall reserve 20 percent of the funds

14 made available for capitalization grants under this

15 title for making level of effort capitalization grants

16 to eligible States in accordance with this subsection.

17 A State that receives grant payments under this

18 subsection shall deposit all such payments in the

19 water pollution control revolving fund established by

20 the State in accordance with this title.

21 ‘‘(2) ELIGIBILITY.—A State shall be eligible to

22 receive a grant under this subsection if the State—

23 ‘‘(A) submits an application for the grant

24 to the Administrator in such form and at such

25 time as the Administrator shall require; and
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1 ‘‘(B) for the fiscal year preceding the fiscal

2 year for which the application is submitted, de3 posits—

4 ‘‘(i) an amount of State funds in addi5 tion to the amount required under section

6 602(b)(2) into the water pollution control

7 revolving fund of the State established

8 under this title;

9 ‘‘(ii) an amount of State funds into a

10 non-Federal revolving fund or grant pro11 gram that the Administrator determines is

12 subject to requirements that are substan13 tially similar to the requirements of the

14 fund referred to in clause (i); or

15 ‘‘(iii) both an amount as described in

16 clause (i) and an amount as described in

17 clause (ii).

18 ‘‘(3) AMOUNT OF GRANTS.—

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), a grant to a State under this sub21 section shall be in an amount equal to the total

22 amounts deposited as described in paragraph

23 (2)(B).

24 ‘‘(B) LIMITATIONS.—
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1 ‘‘(i) STATE MAXIMUM.—For each fis2 cal year, no State may receive a grant

3 under this subsection in an amount that is

4 greater than 20 percent of the amount of

5 funds reserved under paragraph (1).

6 ‘‘(ii) INSUFFICIENT FUNDS.—If, for

7 any fiscal year, the sum of the grant

8 amounts calculated under subparagraph

9 (A) for all eligible States is greater than

10 the amount of funds reserved under para11 graph (1), the Administrator shall make a

12 grant to each eligible State in an amount

13 that is equal to the product obtained by

14 multiplying—

15 ‘‘(I) the amount of funds re16 served under paragraph (1); by

17 ‘‘(II) the quotient obtained by di18 viding—

19 ‘‘(aa) the grant amount cal20 culated under subparagraph (A)

21 for the State; by

22 ‘‘(bb) the sum of the grant

23 amounts calculated under sub24 paragraph (A) for all eligible

25 States.
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1 ‘‘(4) ALLOTMENT OF EXCESS FUNDS.—If, for

2 any fiscal year, the sum of the grant amounts cal3 culated under paragraph (3) for all eligible States is

4 less than the amount of funds reserved under para5 graph (1), the Administrator shall allot the excess

6 funds in accordance with subsection (a).’’.

7 (b) CONFORMING AMENDMENTS.—Section 602(b) of

8 such Act (33 U.S.C. 1382(b)) is amended—

9 (1) in paragraph (2), by inserting ‘‘except with

10 respect to grants made to the State under section

11 604(d),’’ before ‘‘the State will deposit’’; and

12 (2) in paragraph (3), by inserting ‘‘, except that

13 with respect to grants made to the State under sec14 tion 604(d), the State will enter into binding com15 mitments to provide the assistance in an amount

16 equal to 100 percent of the amount of each grant

17 payment’’ before the semicolon at the end.

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