```

[Journal of the House of Representatives, 1995]
[Tuesday, May 16, 1995 (67), Para 67.21 Roll No. 335]
[Pages 709-746]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.67.21                   [Roll No. 335]

                                AYES--158

     Abercrombie
     Ackerman
     Andrews
     Baldacci
     Barrett (WI)
     Becerra
     Beilenson
     Bentsen
     Boehlert
     Bonior
     Borski
     Boucher
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant (TX)
     Cardin
     Clay
     Clayton
     Clement
     Clyburn
     Coleman
     Collins (MI)
     Conyers
     Costello
     Coyne
     DeFazio
     DeLauro
     Dellums
     Deutsch
     Dicks
     Dingell
     Dixon
     Doggett
     Durbin
     Ehlers
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford
     Fox
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gibbons
     Gilchrest
     Gonzalez
     Green
     Gutierrez
     Hall (OH)
     Hastings (FL)
     Hinchey
     Hoyer
     Jackson-Lee
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Johnston
     Kaptur
     Kelly
     Kennedy (MA)
     Kennedy (RI)
     Kennelly
     Kildee
     LaFalce
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lofgren
     Lowey
     Luther
     Manton
     Markey
     Martinez
     Matsui
     McCarthy
     McDermott
     McHale
     McKinney
     Meehan
     Meek
     Menendez
     Meyers
     Mfume
     Miller (CA)
     Mineta
     Mink
     Moakley
     Mollohan
     Moran
     Morella
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Pelosi
     Pomeroy
     Porter
     Poshard
     Rahall
     Rangel
     Reed
     Reynolds
     Richardson
     Rivers
     Roukema
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Saxton
     Schroeder
     Scott
     Serrano
     Shays
     Skaggs
     Slaughter
     Stark
     Stokes
     Studds
     Stupak
     Thompson
     Thornton
     Thurman
     Torres
     Torricelli
     Towns
     Tucker
     Velazquez
     Vento
     Visclosky
     Volkmer
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Wise
     Woolsey
     Wyden
     Wynn
     Yates
     Zimmer

                                NOES--270

     Allard
     Archer
     Armey
     Bachus
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bereuter
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehner
     Bonilla
     Bono
     Brewster
     Browder
     Brownback
     Bryant (TN)
     Bunn
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler

[[Page 710]]

     Clinger
     Coble
     Coburn
     Collins (GA)
     Combest
     Condit
     Cooley
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Danner
     Davis
     de la Garza
     Deal
     DeLay
     Diaz-Balart
     Dickey
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gillmor
     Gilman
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hall (TX)
     Hamilton
     Hancock
     Hansen
     Harman
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Hefner
     Heineman
     Herger
     Hilleary
     Hilliard
     Hobson
     Hoekstra
     Hoke
     Holden
     Horn
     Hostettler
     Houghton
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jacobs
     Johnson (SD)
     Johnson, Sam
     Jones
     Kanjorski
     Kasich
     Kim
     King
     Kingston
     Klink
     Klug
     Knollenberg
     Kolbe
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     Mascara
     McCollum
     McCrery
     McDade
     McHugh
     McInnis
     McIntosh
     McKeon
     McNulty
     Metcalf
     Mica
     Miller (FL)
     Minge
     Molinari
     Montgomery
     Moorhead
     Murtha
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Payne (VA)
     Peterson (FL)
     Peterson (MN)
     Petri
     Pickett
     Pombo
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Ramstad
     Regula
     Riggs
     Roberts
     Roemer
     Rogers
     Rohrabacher
     Ros-Lehtinen
     Rose
     Roth
     Royce
     Salmon
     Sanford
     Scarborough
     Schaefer
     Schiff
     Schumer
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shuster
     Sisisky
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Spratt
     Stearns
     Stenholm
     Stockman
     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Traficant
     Upton
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     White
     Whitfield
     Wicker
     Wilson
     Wolf
     Young (AK)
     Young (FL)
     Zeliff

                              NOT VOTING--6

     Berman
     Collins (IL)
     Gephardt
     Kleczka
     Lipinski
     Maloney
  So the amendment was not agreed to.
  After some further time,
  The SPEAKER pro tempore, Mr. WALKER, assumed the Chair.
  When Mr. GOODLATTE, Acting Chairman, pursuant to House Resolution 140, 
reported the bill back to the House with an amendment adopted by the 
Committee.
  The previous question having been ordered by said resolution.
  The following amendment, reported from the Committee of the Whole 
House on the state of the Union, was agreed to:

       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Clean 
     Water Amendments of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.

                 TITLE I--RESEARCH AND RELATED PROGRAMS

Sec. 101. National goals and policies.
Sec. 102. Research, investigations, training, and information.
Sec. 103. State management assistance.
Sec. 104. Mine water pollution control.
Sec. 105. Water sanitation in rural and Native Alaska villages.
Sec. 106. Authorization of appropriations for Chesapeake program.
Sec. 107. Great Lakes management.

                     TITLE II--CONSTRUCTION GRANTS

Sec. 201. Uses of funds.
Sec. 202. Administration of closeout of construction grant program.
Sec. 203. Sewage collection systems.
Sec. 204. Treatment works defined.
Sec. 205. Value engineering review.
Sec. 206. Grants for wastewater treatment.

                  TITLE III--STANDARDS AND ENFORCEMENT

Sec. 301. Effluent limitations.
Sec. 302. Pollution prevention opportunities.
Sec. 303. Water quality standards and implementation plans.
Sec. 304. Use of biological monitoring.
Sec. 305. Arid areas.
Sec. 306. Total maximum daily loads.
Sec. 307. Revision of criteria, standards, and limitations.
Sec. 308. Personnel and reporting.
Sec. 309. Secondary treatment.
Sec. 310. Toxic pollutants.
Sec. 311. Local pretreatment authority.
Sec. 312. Compliance with management practices.
Sec. 313. Federal enforcement.
Sec. 314. Response plans for discharges of oil or hazardous substances.
Sec. 315. Marine sanitation devices.
Sec. 316. Federal facilities.
Sec. 317. Clean lakes.
Sec. 318. Cooling water intake structures.
Sec. 319. Nonpoint source management programs.
Sec. 320. National estuary program.
Sec. 321. State watershed management programs.
Sec. 322. Stormwater management programs.
Sec. 323. Risk assessment and disclosure requirements.
Sec. 324. Benefit and cost criterion.

                     TITLE IV--PERMITS AND LICENSES

Sec. 401. Waste treatment systems for concentrated animal feeding 
              operations.
Sec. 402. Permit reform.
Sec. 403. Review of State programs and permits.
Sec. 404. Statistical noncompliance.
Sec. 405. Anti-backsliding requirements.
Sec. 406. Intake credits.
Sec. 407. Combined sewer overflows.
Sec. 408. Sanitary sewer overflows.
Sec. 409. Abandoned mines.
Sec. 410. Beneficial use of biosolids.
Sec. 411. Waste treatment systems defined.
Sec. 412. Thermal discharges.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Consultation with States.
Sec. 502. Navigable waters defined.
Sec. 503. CAFO definition clarification.
Sec. 504. Publicly owned treatment works defined.
Sec. 505. State water quantity rights.
Sec. 506. Implementation of water pollution laws with respect to 
              nonpetroleum oil products and oil substitutes.
Sec. 507. Dispute resolution.
Sec. 508. Needs estimate.
Sec. 509. Program authorizations.
Sec. 510. Indian tribes.
Sec. 511. Food processing and food safety.
Sec. 512. Audit dispute resolution.
Sec. 513. American-made equipment and products.

        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

Sec. 601. General authority for capitalization grants.
Sec. 602. Capitalization grant agreements.
Sec. 603. Water pollution control revolving loan funds.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Technical amendments.
Sec. 702. John A. Blatnik National Fresh Water Quality Research 
              Laboratory.
Sec. 703. Wastewater service for colonias.
Sec. 704. Savings in municipal drinking water costs.

            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings and statement of purpose.
Sec. 803. Wetlands conservation and management.
Sec. 804. Definitions.
Sec. 805. Technical and conforming amendments.
Sec. 806. Effective date.

                    TITLE IX--NAVIGATIONAL DREDGING

Sec. 901. References to Act.
Sec. 902. Environmental Protection Agency permits.
Sec. 903. Corps of Engineers permits.
Sec. 904. Penalties.
Sec. 905. Annual report.
Sec. 906. Reference to Committee.

                     TITLE X--ADDITIONAL PROVISIONS

Sec. 1001. Coastal nonpoint pollution control.

     SEC. 2. DEFINITION.

       In this Act, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

     SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Federal Water Pollution Control Act 
     (33 U.S.C. 1251-1387).
                 TITLE I--RESEARCH AND RELATED PROGRAMS

     SEC. 101. NATIONAL GOALS AND POLICIES.

       (a) Nonpoint Source Pollution; State Strategies.--Section 
     101(a) (33 U.S.C. 1251(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) in paragraph (7)--
       (A) by inserting ``, including public and private sector 
     programs using economic incentives,'' after ``programs'';
       (B) by inserting ``, including stormwater,'' after 
     ``nonpoint sources of pollution'' the first place it appears; 
     and
       (C) by striking the period at the end and inserting a 
     semicolon; and
       (3) by adding at the end the following:
       ``(8) it is the national policy to support State efforts 
     undertaken in consultation

[[Page 711]]

     with tribal and local governments to identify, prioritize, 
     and implement water pollution prevention and control 
     strategies;''.
       (b) Role of State, Tribal, and Local Governments.--Section 
     101(a) is further amended by adding at the end the following:
       ``(9) it is the national policy to recognize, support, and 
     enhance the role of State, tribal, and local governments in 
     carrying out the provisions of this Act;''.
       (c) Reclamation and Reuse.--
       (1) Reclamation.--Section 101(a)(4) is amended by inserting 
     after ``works'' the following: ``and to reclaim waste water 
     from municipal and industrial sources''.
       (2) Beneficial reuse.--Section 101(a) is further amended by 
     adding at the end the following:
       ``(10) it is the national policy that beneficial reuse of 
     waste water effluent and biosolids be encouraged to the 
     fullest extent possible; and''.
       (d) Water Use Efficiency.--Section 101(a) is further 
     amended by adding at the end the following:
       ``(11) it is the national policy that water use efficiency 
     be encouraged to the fullest extent possible.''.
       (e) Net Benefits.--Section 101 is further amended by adding 
     at the end the following:
       ``(h) Net Benefits.--It is the national policy that the 
     development and implementation of water quality protection 
     programs pursuant to this Act--
       ``(1) be based on scientifically objective and unbiased 
     information concerning the nature and magnitude of risk; and
       ``(2) maximize net benefits to society in order to promote 
     sound regulatory decisions and promote the rational and 
     coherent allocation of society's limited resources and not 
     unreasonably restrict outdoor recreation and other socially 
     beneficial activities.''.

     SEC. 102. RESEARCH, INVESTIGATIONS, TRAINING, AND 
                   INFORMATION.

       (a) National Programs.--Section 104(a) (33 U.S.C. 1254(a)) 
     is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) in cooperation with appropriate Federal, State, and 
     local agencies, conduct, promote, and encourage to the 
     maximum extent feasible, in watersheds that may be 
     significantly affected by nonpoint sources of pollution, 
     monitoring and measurement of water quality by means and 
     methods that will help to identify the relative contributions 
     of particular nonpoint sources.''.
       (b) Basic Research and Grants to Local Governments.--
     Section 104(b)(3) (33 U.S.C. 1254(B)(3)) is amended to read 
     as follows:
       ``(3) in cooperation with Federal, State and local agencies 
     and public or private institutions, organizations, or 
     individuals, conduct and promote a comprehensive program of 
     basic research, experiments, and studies relating to causes, 
     sources, effects, extent, prevention, and detection of water 
     pollution and make grants to State water pollution control 
     agencies, interstate agencies, local governments, other 
     public or nonprofit private agencies, institutions, 
     organizations, and individuals for such purposes;''.
       (c) Technical Assistance for Rural and Small Treatment 
     Works.--Section 104(b) (33 U.S.C. 1254(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(8) make grants to States, local governments, and 
     nonprofit organizations to provide technical assistance and 
     training to rural and small publicly owned treatment works 
     (including treatment works that utilize an alternative 
     wastewater treatment system) to enable such treatment works 
     to achieve and maintain compliance with the requirements of 
     this Act; and
       ``(9) disseminate information to rural, small, and 
     disadvantaged communities with respect to the planning, 
     design, construction, and operation of treatment works.''.
       (d) Wastewater Treatment in Impoverished Communities.--
     Section 104(q) (33 U.S.C. 1254(q)) is amended by adding at 
     the end the following:
       ``(5) Small impoverished communities.--
       ``(A) Grants.--The Administrator may make grants to States 
     to provide assistance for planning, design, and construction 
     of publicly owned treatment works and alternative wastewater 
     treatment systems to provide wastewater services to rural 
     communities of 3,000 or less that are not currently served by 
     any sewage collection or wastewater treatment system and are 
     severely economically disadvantaged, as determined by the 
     Administrator.
       ``(B) Authorization.--There is authorized to be 
     appropriated to carry out this paragraph $50,000,000 per 
     fiscal year for fiscal years 1996 through 2000.''.
       (e) Authorization of Appropriations.--Section 104(u) (33 
     U.S.C. 1254(u)) is amended--
       (1) by striking ``and'' before ``(6)''; and
       (2) by inserting before the period at the end the 
     following: ``; (7) not to exceed $21,243,100 per fiscal year 
     for each of fiscal years 1996 through 2000 for carrying out 
     the provisions of subsection (b)(3); and (8) not to exceed 
     $10,000,000 per fiscal year for each of fiscal years 1996 
     through 2000 for carrying out the provisions of subsections 
     (b)(8) and (b)(9)''.

     SEC. 103. STATE MANAGEMENT ASSISTANCE.

       Section 106(a) (33 U.S.C. 1256(a)) is amended--
       (1) by striking ``and'' before ``$75,000,000'';
       (2) by inserting after ``1990'' the following: ``, such 
     sums as may be necessary for each of fiscal years 1991 
     through 1995, and $150,000,000 per fiscal year for each of 
     fiscal years 1996 through 2000''; and
       (3) by adding at the end the following: ``States or 
     interstate agencies receiving grants under this section may 
     use such funds to finance, with other States or interstate 
     agencies, studies and projects on interstate issues relating 
     to such programs.''.

     SEC. 104. MINE WATER POLLUTION CONTROL.

       Section 107 (33 U.S.C. 1257) is amended to read as follows:

     ``SEC. 107. MINE WATER POLLUTION CONTROL.

       ``(a) Acidic and Other Toxic Mine Drainage.--The 
     Administrator shall establish a program to demonstrate the 
     efficacy of measures for abatement of the causes and 
     treatment of the effects of acidic and other toxic mine 
     drainage within qualified hydrologic units affected by past 
     coal mining practices for the purpose of restoring the 
     biological integrity of waters within such units.
       ``(b) Grants.--
       ``(1) In general.--Any State or Indian tribe may apply to 
     the Administrator for a grant for any project which provides 
     for abatement of the causes or treatment of the effects of 
     acidic or other toxic mine drainage within a qualified 
     hydrologic unit affected by past coal mining practices.
       ``(2) Application requirements.--An application submitted 
     to the Administrator under this section shall include each of 
     the following:
       ``(A) An identification of the qualified hydrologic unit.
       ``(B) A description of the extent to which acidic or other 
     toxic mine drainage is affecting the water quality and 
     biological resources within the hydrologic unit.
       ``(C) An identification of the sources of acidic or other 
     toxic mine drainage within the hydrologic unit.
       ``(D) An identification of the project and the measures 
     proposed to be undertaken to abate the causes or treat the 
     effects of acidic or other toxic mine drainage within the 
     hydrologic unit.
       ``(E) The cost of undertaking the proposed abatement or 
     treatment measures.
       ``(c) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project receiving grant assistance under this section shall 
     be 50 percent.
       ``(2) Lands, easements, and rights-of-way.--Contributions 
     of lands, easements, and rights-of-way shall be credited 
     toward the non-Federal share of the cost of a project under 
     this section but not in an amount exceeding 25 percent of the 
     total project cost.
       ``(3) Operation and maintenance.--The non-Federal interest 
     shall bear 100 percent of the cost of operation and 
     maintenance of a project under this section.
       ``(d) Prohibited Projects.--No acidic or other toxic mine 
     drainage abatement or treatment project may receive 
     assistance under this section if the project would adversely 
     affect the free-flowing characteristics of any river segment 
     within a qualified hydrologic unit.
       ``(e) Applications From Federal Entities.--Any Federal 
     entity may apply to the Administrator for a grant under this 
     section for the purposes of an acidic or toxic mine drainage 
     abatement or treatment project within a qualified hydrologic 
     unit located on lands and waters under the administrative 
     jurisdiction of such entity.
       ``(f) Approval.--The Administrator shall approve an 
     application submitted pursuant to subsection (b) or (e) after 
     determining that the application meets the requirements of 
     this section.
       ``(g) Qualified Hydrologic Unit Defined.--For purposes of 
     this section, the term `qualified hydrologic unit' means a 
     hydrologic unit--
       ``(1) in which the water quality has been significantly 
     affected by acidic or other toxic mine drainage from past 
     coal mining practices in a manner which adversely impacts 
     biological resources; and
       ``(2) which contains lands and waters eligible for 
     assistance under title IV of the Surface Mining and 
     Reclamation Act of 1977.''.

     SEC. 105. WATER SANITATION IN RURAL AND NATIVE ALASKA 
                   VILLAGES.

       (a) In General.--Section 113 (33 U.S.C. 1263) is amended by 
     striking the section heading and designation and subsections 
     (a) through (f) and inserting the following:

     ``SEC. 113. ALASKA VILLAGE PROJECTS AND PROGRAMS.

       ``(a) Grants.--The Administrator is authorized to make 
     grants--
       ``(1) for the development and construction of facilities 
     which provide sanitation services for rural and Native Alaska 
     villages;
       ``(2) for training, technical assistance, and educational 
     programs relating to operation and maintenance for sanitation 
     services in rural and Native Alaska villages; and
       ``(3) for reasonable costs of administering and managing 
     grants made and programs and projects carried out under this 
     section; except that not to exceed 4 percent of the amount of 
     any grant made under this section may be made for such costs.
       ``(b) Federal Share.--A grant under this section shall be 
     50 percent of the cost of the program or project being 
     carried out with such grant.
       ``(c) Special Rule.--The Administrator shall award grants 
     under this section for project construction following the 
     rules specified in subpart H of part 1942 of title 7 of the 
     Code of Federal Regulations.

[[Page 712]]

       ``(d) Grants to State for Benefit of Villages.--Grants 
     under this section may be made to the State for the benefit 
     of rural Alaska villages and Alaska Native villages.
       ``(e) Coordination.--In carrying out activities under this 
     subsection, the Administrator is directed to coordinate 
     efforts between the State of Alaska, the Secretary of Housing 
     and Urban Development, the Secretary of Health and Human 
     Services, the Secretary of the Interior, the Secretary of 
     Agriculture, and the recipients of grants.
       ``(f) Funding.--There is authorized to be appropriated 
     $25,000,000 for fiscal years beginning after September 30, 
     1995, to carry out this section.''.
       (b) Conforming Amendment.--Section 113(g) is amended by 
     inserting after ``(g)'' the following: ``Definitions.--''.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS FOR CHESAPEAKE 
                   PROGRAM.

       Section 117(d) (33 U.S.C. 1267(d)) is amended--
       (1) in paragraph (1), by inserting ``such sums as may be 
     necessary for fiscal years 1991 through 1995, and $3,000,000 
     per fiscal year for each of fiscal years 1996 through 2000'' 
     after ``1990,''; and
       (2) in paragraph (2), by inserting ``such sums as may be 
     necessary for fiscal years 1991 through 1995, and $18,000,000 
     per fiscal year for each of fiscal years 1996 through 2000'' 
     after ``1990,''.

     SEC. 107. GREAT LAKES MANAGEMENT.

       (a) Great Lakes Research Council.--
       (1) In general.--Section 118 (33 U.S.C. 1268) is amended--
       (A) in subsection (a)(3)--
       (i) by striking subparagraph (E) and inserting the 
     following:
       ``(E) `Council' means the Great Lakes Research Council 
     established by subsection (d)(1);'';
       (ii) by striking ``and'' at the end of subparagraph (I);
       (iii) by striking the period at the end of subparagraph (J) 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(K) `Great Lakes research' means the application of 
     scientific or engineering expertise to explain, understand, 
     and predict a physical, chemical, biological, or 
     socioeconomic process, or the interaction of 1 or more of the 
     processes, in the Great Lakes ecosystem.'';
       (B) by striking subsection (d) and inserting the following:
       ``(d) Great Lakes Research Council.--
       ``(1) Establishment of council.--There is established a 
     Great Lakes Research Council.
       ``(2) Duties of council.--The Council--
       ``(A) shall advise and promote the coordination of Federal 
     Great Lakes research activities to avoid unnecessary 
     duplication and ensure greater effectiveness in achieving 
     protection of the Great Lakes ecosystem through the goals of 
     the Great Lakes Water Quality Agreement;
       ``(B) not later than 1 year after the date of the enactment 
     of this subparagraph and biennially thereafter and after 
     providing opportunity for public review and comment, shall 
     prepare and provide to interested parties a document that 
     includes--
       ``(i) an assessment of the Great Lakes research activities 
     needed to fulfill the goals of the Great Lakes Water Quality 
     Agreement;
       ``(ii) an assessment of Federal expertise and capabilities 
     in the activities needed to fulfill the goals of the Great 
     Lakes Water Quality Agreement, including an inventory of 
     Federal Great Lakes research programs, projects, facilities, 
     and personnel; and
       ``(iii) recommendations for long-term and short-term 
     priorities for Federal Great Lakes research, based on a 
     comparison of the assessments conducted under clauses (i) and 
     (ii);
       ``(C) shall identify topics for and participate in 
     meetings, workshops, symposia, and conferences on Great Lakes 
     research issues;
       ``(D) shall make recommendations for the uniform collection 
     of data for enhancing Great Lakes research and management 
     protocols relating to the Great Lakes ecosystem;
       ``(E) shall advise and cooperate in--
       ``(i) improving the compatible integration of multimedia 
     data concerning the Great Lakes ecosystem; and
       ``(ii) any effort to establish a comprehensive multimedia 
     data base for the Great Lakes ecosystem; and
       ``(F) shall ensure that the results, findings, and 
     information regarding Great Lakes research programs conducted 
     or sponsored by the Federal Government are disseminated in a 
     timely manner, and in useful forms, to interested persons, 
     using to the maximum extent practicable mechanisms in 
     existence on the date of the dissemination, such as the Great 
     Lakes Research Inventory prepared by the International Joint 
     Commission.
       ``(3) Membership.--
       ``(A) In general.--The Council shall consist of 1 research 
     manager with extensive knowledge of, and scientific expertise 
     and experience in, the Great Lakes ecosystem from each of the 
     following agencies and instrumentalities:
       ``(i) The Agency.
       ``(ii) The National Oceanic and Atmospheric Administration.
       ``(iii) The National Biological Service.
       ``(iv) The United States Fish and Wildlife Service.
       ``(v) Any other Federal agency or instrumentality that 
     expends $1,000,000 or more for a fiscal year on Great Lakes 
     research.
       ``(vi) Any other Federal agency or instrumentality that a 
     majority of the Council membership determines should be 
     represented on the Council.
       ``(B) Nonvoting members.--At the request of a majority of 
     the Council membership, any person who is a representative of 
     a Federal agency or instrumentality not described in 
     subparagraph (A) or any person who is not a Federal employee 
     may serve as a nonvoting member of the Council.
       ``(4) Chairperson.--The chairperson of the Council shall be 
     a member of the Council from an agency specified in clause 
     (i), (ii), or (iii) of paragraph (3)(A) who is elected by a 
     majority vote of the members of the Council. The chairperson 
     shall serve as chairperson for a period of 2 years. A member 
     of the Council may not serve as chairperson for more than 2 
     consecutive terms.
       ``(5) Expenses.--While performing official duties as a 
     member of the Council, a member shall be allowed travel or 
     transportation expenses under section 5703 of title 5, United 
     States Code.
       ``(6) Interagency cooperation.--The head of each Federal 
     agency or instrumentality that is represented on the 
     Council--
       ``(A) shall cooperate with the Council in implementing the 
     recommendations developed under paragraph (2);
       ``(B) on written request of the chairperson of the Council, 
     may make available, on a reimbursable basis or otherwise, 
     such personnel, services, or facilities as may be necessary 
     to assist the Council in carrying out the duties of the 
     Council under this section; and
       ``(C) on written request of the chairperson, shall furnish 
     data or information necessary to carry out the duties of the 
     Council under this section.
       ``(7) International cooperation.--The Council shall 
     cooperate, to the maximum extent practicable, with the 
     research coordination efforts of the Council of Great Lakes 
     Research Managers of the International Joint Commission.
       ``(8) Reimbursement for requested activities.--Each Federal 
     agency or instrumentality represented on the Council may 
     reimburse another Federal agency or instrumentality or a non-
     Federal entity for costs associated with activities 
     authorized under this subsection that are carried out by the 
     other agency, instrumentality, or entity at the request of 
     the Council.
       ``(9) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Council.
       ``(10) Effect on other law.--Nothing in this subsection 
     affects the authority of any Federal agency or 
     instrumentality, under any law, to undertake Great Lakes 
     research activities.'';
       (C) in subsection (e)--
       (i) in paragraph (1) by striking ``the Program Office and 
     the Research Office shall prepare a joint research plan'' and 
     inserting ``the Program Office, in consultation with the 
     Council, shall prepare a research plan''; and
       (ii) in paragraph (3)(A) by striking ``the Research Office, 
     the Agency for Toxic Substances and Disease Registry, and 
     Great Lakes States'' and inserting ``the Council, the Agency 
     for Toxic Substances and Disease Registry, and Great Lakes 
     States,''; and
       (D) in subsection (h)--
       (i) by adding ``and'' at the end of paragraph (1);
       (ii) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (iii) by striking paragraph (3).
       (2) Conforming Amendment.--The second sentence of section 
     403(a) of the Marine Protection, Research, and Sanctuaries 
     Act of 1972 (16 U.S.C. 1447b(a)) is amended by striking 
     ``Great Lakes Research Office authorized under'' and 
     inserting ``Great Lakes Research Council established by''.
       (b) Consistency of Programs With Federal Guidance.--Section 
     118(c)(2)(C) (33 U.S.C. 1268(c)(2)(C)) is amended by adding 
     at the end the following: ``For purposes of this section, a 
     State's standards, policies, and procedures shall be 
     considered consistent with such guidance if the standards, 
     policies, and procedures are based on scientifically 
     defensible judgments and policy choices made by the State 
     after consideration of the guidance and provide an overall 
     level of protection comparable to that provided by the 
     guidance, taking into account the specific circumstances of 
     the State's waters.''.
       (c) Reauthorization of Assessment and Remediation of 
     Contaminated Sediments Program.--Section 118(c)(7) is amended 
     by adding at the end the following:
       ``(D) Reauthorization of assessment and remediation of 
     contaminated sediments program.--
       ``(i) In general.--The Administrator, acting through the 
     Program Office, in consultation and cooperation with the 
     Assistant Secretary of the Army having responsibility for 
     civil works, shall conduct at least 3 pilot projects 
     involving promising technologies and practices to remedy 
     contaminated sediments (including at least 1 full-scale 
     demonstration of a remediation technology) at sites in the 
     Great Lakes System, as the Administrator determines 
     appropriate.
       ``(ii) Selection of sites.--In selecting sites for the 
     pilot projects, the Administrator shall give priority 
     consideration to--

       ``(I) the Ashtabula River in Ohio;
       ``(II) the Buffalo River in New York;
       ``(III) Duluth and Superior Harbor in Minnesota;
       ``(IV) the Fox River in Wisconsin;
       ``(V) the Grand Calumet River in Indiana; and

       ``(VI) Saginaw Bay in Michigan.

       ``(iii) Deadlines.--In carrying out this subparagraph, the 
     Administrator shall--

[[Page 713]]

       ``(I) not later than 18 months after the date of the 
     enactment of this subparagraph, identify at least 3 sites and 
     the technologies and practices to be demonstrated at the 
     sites (including at least 1 full-scale demonstration of a 
     remediation technology); and
       ``(II) not later than 5 years after such date of enactment, 
     complete at least 3 pilot projects (including at least 1 
     full-scale demonstration of a remediation technology).

       ``(iv) Additional projects.--The Administrator, acting 
     through the Program Office, in consultation and cooperation 
     with the Assistant Secretary of the Army having 
     responsibility for civil works, may conduct additional pilot- 
     and full-scale pilot projects involving promising 
     technologies and practices at sites in the Great Lakes System 
     other than the sites selected under clause (i).
       ``(v) Execution of projects.--The Administrator may 
     cooperate with the Assistant Secretary of the Army having 
     responsibility for civil works to plan, engineer, design, and 
     execute pilot projects under this subparagraph.
       ``(vi) Non-federal contributions.--The Administrator may 
     accept non-Federal contributions to carry out pilot projects 
     under this subparagraph.
       ``(vii) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $3,500,000 for each of fiscal years 1996 through 2000.
       ``(E) Technical information and assistance.--
       ``(i) In general.--The Administrator, acting through the 
     Program Office, may provide technical information and 
     assistance involving technologies and practices for 
     remediation of contaminated sediments to persons that request 
     the information or assistance.
       ``(ii) Technical assistance priorities.--In providing 
     technical assistance under this subparagraph, the 
     Administrator, acting through the Program Office, shall give 
     special priority to requests for integrated assessments of, 
     and recommendations regarding, remediation technologies and 
     practices for contaminated sediments at Great Lakes areas of 
     concern.
       ``(iii) Coordination with other demonstrations.--The 
     Administrator shall--

       ``(I) coordinate technology demonstrations conducted under 
     this subparagraph with other federally assisted 
     demonstrations of contaminated sediment remediation 
     technologies; and
       ``(II) share information from the demonstrations conducted 
     under this subparagraph with the other demonstrations.

       ``(iv) Other sediment remediation activities.--Nothing in 
     this subparagraph limits the authority of the Administrator 
     to carry out sediment remediation activities under other 
     laws.
       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $1,000,000 for each of fiscal years 1996 through 2000.''.
       (d) Authorization of Appropriations.--
       (1) Research and management.--Section 118(e)(3)(B) (33 
     U.S.C. 1268(e)(3)(B)) is amended by inserting before the 
     period at the end the following: ``, such sums as may be 
     necessary for fiscal year 1995, and $4,000,000 per fiscal 
     year for each of fiscal years 1996, 1997, and 1998''.
       (2) Great lakes programs.--Section 118(h) (33 U.S.C. 
     1268(h)) is amended--
       (A) by striking ``and'' before ``$25,000,000''; and
       (B) by inserting before the period at the end of the first 
     sentence the following: ``, such sums as may be necessary for 
     fiscal years 1992 through 1995, and $17,500,000 per fiscal 
     year for each of fiscal years 1996 through 2000''.
                     TITLE II--CONSTRUCTION GRANTS

     SEC. 201. USES OF FUNDS.

       (a) Nonpoint Source Program.--Section 201(g)(1) (33 U.S.C. 
     1281(g)(1)) is amended by striking the period at the end of 
     the first sentence and all that follows through the period at 
     the end of the last sentence and inserting the following: 
     ``and for any purpose for which a grant may be made under 
     sections 319(h) and 319(i) of this Act (including any 
     innovative and alternative approaches for the control of 
     nonpoint sources of pollution).''.
       (b) Retroactive Eligibility.--Section 201(g)(1) is further 
     amended by adding at the end the following: ``The 
     Administrator, with the concurrence of the States, shall 
     develop procedures to facilitate and expedite the retroactive 
     eligibility and provision of grant funding for facilities 
     already under construction.''.

     SEC. 202. ADMINISTRATION OF CLOSEOUT OF CONSTRUCTION GRANT 
                   PROGRAM.

       Section 205(g)(1) (33 U.S.C. 1285(g)(1)) is amended by 
     adding at the end the following: ``The Administrator may 
     negotiate an annual budget with a State for the purpose of 
     administering the closeout of the State's construction grants 
     program under this title. Sums made available for 
     administering such closeout shall be subtracted from amounts 
     remaining available for obligation under the State's 
     construction grant program under this title.''.

     SEC. 203. SEWAGE COLLECTION SYSTEMS.

       Section 211(a) (33 U.S.C. 1291(a)) is amended--
       (1) in clause (1) by striking ``an existing collection 
     system'' and inserting ``a collection system existing on the 
     date of the enactment of the Clean Water Amendments of 
     1995''; and
       (2) in clause (2)--
       (A) by striking ``an existing community'' and inserting ``a 
     community existing on such date of enactment''; and
       (B) by striking ``sufficient existing'' and inserting 
     ``sufficient capacity existing on such date of enactment''.

     SEC. 204. TREATMENT WORKS DEFINED.

       (a) Inclusion of Other Lands.--Section 212(2)(A) (33 U.S.C. 
     1292(2)(A)) is amended--
       (1) by striking ``any works, including site'';
       (2) by striking ``is used for ultimate'' and inserting 
     ``will be used for ultimate''; and
       (3) by inserting before the period at the end the 
     following: ``and acquisition of other lands, and interests in 
     lands, which are necessary for construction''.
       (b) Policy on Cost Effectiveness.--Section 218(a) (33 
     U.S.C. 1298(a)) is amended by striking ``combination of 
     devices and systems'' and all that follows through ``from 
     such treatment;'' and inserting ``treatment works;''.

     SEC. 205. VALUE ENGINEERING REVIEW.

       Section 218(c) (33 U.S.C. 1298(c)) is amended by striking 
     ``$10,000,000'' and inserting ``$25,000,000''.

     SEC. 206. GRANTS FOR WASTEWATER TREATMENT.

       (a) Coastal Localities.--The Administrator shall make 
     grants under title II of the Federal Water Pollution Control 
     Act to appropriate instrumentalities for the purpose of 
     construction of treatment works (including combined sewer 
     overflow facilities) to serve coastal localities. No less 
     than $10,000,000 of the amount of such grants shall be used 
     for water infrastructure improvements in New Orleans, no less 
     than $3,000,000 of the amount of such grants shall be used 
     for water infrastructure improvements in Bristol County, 
     Massachusetts, and no less than \1/3\ of the amount of such 
     grants shall be used to assist localities that meet both of 
     the following criteria:
       (1) Need.--A locality that has over $2,000,000,000 in 
     category I treatment needs documented and accepted in the 
     Environmental Protection Agency's 1992 Needs Survey database 
     as of February 4, 1993.
       (2) Hardship.--A locality that has wastewater user charges, 
     for residential use of 7,000 gallons per month based on Ernst 
     & Young National Water and Wastewater 1992 Rate Survey, 
     greater than 0.65 percent of 1989 median household income for 
     the metropolitan statistical area in which such locality is 
     located as measured by the Bureau of the Census.
       (b) Federal Share.--Notwithstanding section 202(a)(1) of 
     the Federal Water Pollution Control Act, the Federal share of 
     grants under subsection (a) shall be 80 percent of the cost 
     of construction, and the non-Federal share shall be 20 
     percent of the cost of construction.
       (c) Small Communities.--The Administrator shall make grants 
     to States for the purpose of providing assistance for the 
     construction of treatment works and alternative wastewater 
     treatment systems to serve small communities as defined by 
     the State; except that the term ``small communities'' may not 
     include any locality with a population greater than 75,000. 
     Funds made available to carry out this subsection shall be 
     allotted by the Administrator to the States in accordance 
     with the allotment formula contained in section 604(a) of the 
     Federal Water Pollution Control Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under this section 
     $300,000,000 for fiscal year 1996. Such sums shall remain 
     available until expended and shall be equally divided between 
     subsections (a) and (c) of this section. Such authorization 
     of appropriation shall take effect only if the total amount 
     appropriated for fiscal year 1996 to carry out title VI of 
     the Federal Water Pollution Control Act is at least 
     $2,250,000,000.
                  TITLE III--STANDARDS AND ENFORCEMENT

     SEC. 301. EFFLUENT LIMITATIONS.

       (a) Compliance Schedules.--Section 301(b) (33 U.S.C. 
     1311(b)) is amended--
       (1) in paragraph (1)(C) by striking ``not later than July 
     1, 1977,'';
       (2) by striking the period at the end and inserting 
     ``within a reasonable period of time as determined by the 
     Administrator or the State, as appropriate, considering 
     facility planning, design, construction, and other 
     implementation factors;''; and
       (3) by striking ``, and in no case later than March 31, 
     1989'' each place it appears.
       (b) Modifications for Nonconventional Pollutants.--
       (1) General authority.--Section 301(g)(1) (33 U.S.C. 
     1311(g)(1)) is amended by striking ``(when determined by the 
     Administrator to be a pollutant covered by subsection 
     (b)(2)(F)) and any other pollutant which the Administrator 
     lists under paragraph (4) of this subsection'' and inserting 
     ``and any other pollutant covered by subsection (b)(2)(F)''.
       (2) Procedural requirements for listing and removal of 
     pollutants.--Section 301(g) (33 U.S.C. 1311(g)) is further 
     amended by striking paragraphs (4) and (5).
       (c) Coal Remining.--Section 301(p)(2) (33 U.S.C. 
     1311(p)(2)) is amended by inserting before the period at the 
     end the following: ``; except where monitoring demonstrates 
     that the receiving waters do not meet such water quality 
     standards prior to commencement of remining and where the 
     applicant submits a plan which demonstrates to the 
     satisfaction of the Administrator or the State, as the case 
     may be, that identified measures will be utilized to improve 
     the existing water quality of the receiving waters''.

[[Page 714]]

       (d) Preexisting Coal Remining Operations.--Section 301(p) 
     (33 U.S.C. 1311) is amended by adding at the end the 
     following:
       ``(5) Preexisting coal remining operations.--Any operator 
     of a coal mining operation who conducted remining at a site 
     on which coal mining originally was conducted before the 
     effective date of the Surface Mining Control and Reclamation 
     Act of 1977 shall be deemed to be in compliance with sections 
     301, 302, 306, 307, and 402 of this Act if--
       ``(A) such operator commenced remining at such operation 
     prior to the adoption of this subsection in a State program 
     approved under section 402 and performed such remining under 
     a permit pursuant to the Surface Mining Control and 
     Reclamation Act of 1977; and
       ``(B) the post-mining levels of pollutants (other than pH) 
     discharged from such operation do not exceed the levels of 
     pollutants discharged from the remined area before the coal 
     remining operation began and the post-mining pH levels of the 
     discharges from the remined area are not reduced below the pH 
     levels of the discharges from the remined area before the 
     coal remining operation began.''.

     SEC. 302. POLLUTION PREVENTION OPPORTUNITIES.

       (a) Innovative Production Processes.--Subsection (k) of 
     section 301 (33 U.S.C. 1311(k)) is amended to read as 
     follows:
       ``(k) Innovative Production Processes, Technologies, and 
     Methods.--
       ``(1) In general.--In the case of any point source subject 
     to a permit under section 402, the Administrator, with the 
     consent of the State in which the point source is located, or 
     the State in consultation with the Administrator, in the case 
     of a State with an approved program under section 402, may, 
     at the request of the permittee and after public notice and 
     opportunity for comment, extend the deadline for the point 
     source to comply with any limitation established pursuant to 
     subsection (b)(1)(A), (b)(2)(A), or (b)(2)(E) and make other 
     appropriate modifications to the conditions of the point 
     source permit, for the purpose of encouraging the development 
     and use of an innovative pollution prevention technology 
     (including an innovative production process change, 
     innovative pollution control technology, or innovative 
     recycling method) that has the potential to--
       ``(A) achieve an effluent reduction which is greater than 
     that required by the limitation otherwise applicable;
       ``(B) meet the applicable effluent limitation to water 
     while achieving a reduction of total emissions to other media 
     which is greater than that required by the otherwise 
     applicable emissions limitations for the other media;
       ``(C) meet the applicable effluent limitation to water 
     while achieving a reduction in energy consumption; or
       ``(D) achieve the required reduction with the potential for 
     significantly lower costs than the systems determined by the 
     Administrator to be economically achievable.
       ``(2) Limitation and Notice.--If the Administrator or a 
     State extends the deadline for point source compliance and 
     encourages the development and use of an innovative pollution 
     prevention technology under paragraph (1), the Administrator 
     or State shall encourage, to the maximum extent practicable, 
     the use of technology produced in the United States.
       ``(3) Duration of extensions.--The extension of the 
     compliance deadlines under paragraph (1) shall not extend 
     beyond the period necessary for the owner of the point source 
     to install and use the innovative process, technology, or 
     method in full-scale production operations, but in no case 
     shall the compliance extensions extend beyond 3 years from 
     the date for compliance with the otherwise applicable 
     limitations.
       ``(4) Consequences of failure.--In determining the amount 
     of any civil or administrative penalty pursuant to section 
     309(d) or 309(g) for any violations of a section 402 permit 
     during the extension period referred to in paragraph (1) that 
     are caused by the unexpected failure of an innovative 
     process, technology, or method, a court or the Administrator, 
     as appropriate, shall take into account the permittee's good-
     faith efforts to implement the innovation and to comply with 
     any interim limitations and may reduce or eliminate the 
     penalty for such violation.
       ``(5) Report.--Not later than 1 year after the date of the 
     enactment of this subsection, the Administrator shall review, 
     analyze, and compile in a report information on innovative 
     and alternative technologies which are available for 
     preventing and reducing pollution of navigable waters, submit 
     such report to Congress, and publish in the Federal Register 
     a summary of such report and a notice of the availability of 
     such report. The Administrator shall annually update the 
     report prepared under this paragraph, submit the updated 
     report to Congress, and publish in the Federal Register a 
     summary of the updated report and a notice of its 
     availability.
       ``(6) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to authorize the 
     Administrator or a State to enforce, place conditions on, or 
     otherwise regulate emissions into the air or the treatment, 
     storage, or disposal of solid waste or require or enforce 
     conditions on the manufacturing or processing of a chemical 
     substance or mixture in any permit issued under this Act.''.
       (b) Pollution Prevention Programs.--Section 301 (33 U.S.C. 
     1311) is amended--
       (1) in subsection (l) by striking ``subsection (n)'' and 
     inserting ``subsections (n), (q), and (r)''; and
       (2) by adding at the end the following:
       ``(q) Pollution Prevention Programs.--
       ``(1) In general.--The Administrator (with the concurrence 
     of the State) or a State with an approved program under 
     section 402, at the request of the permittee and after public 
     notice and an opportunity for comment, may issue a permit 
     under section 402 which modifies the requirements of 
     subsection (b)(1)(A), (b)(2)(A), or (b)(2)(E) of this section 
     or section 306 and makes appropriate modifications to the 
     conditions of the permit, or may modify the requirements of 
     section 307, if the Administrator or State determines that 
     pollution prevention measures or practices (including 
     recycling, source reduction, and other measures to reduce 
     discharges or other releases of pollutants from the facility 
     to the environment beyond those otherwise required by law) 
     together with such modifications will achieve an overall 
     reduction in emissions to the environment (including 
     emissions to water and air and disposal of solid wastes) from 
     the facility at which the permitted discharge is located that 
     is greater than would otherwise be achievable if the source 
     complied with the requirements of subsection (b)(1)(A), 
     (b)(2)(A), or (b)(2)(E) or section 306 or 307 and will result 
     in an overall net benefit to the environment.
       ``(2) Term of modification.--A modification made pursuant 
     to paragraph (1) shall extend for the term of the permit or, 
     in the case of modifications under section 307(b), for up to 
     10 years, and may be extended further if the Administrator or 
     State determines at the expiration of the initial 
     modifications that such modifications will continue to enable 
     the source to achieve greater emissions reduction than would 
     otherwise be attainable.
       ``(3) Nonextension of modification.--Upon expiration of a 
     modification that is not extended further under paragraph 
     (2), the source shall have a reasonable period of time, not 
     to exceed 2 years, to come into compliance with otherwise 
     applicable requirements of this Act.
       ``(4) Limitations on modifications.--A modification of an 
     otherwise applicable limitation or standard may not be made 
     under this subsection if such modification--
       ``(A) will cause a receiving body of water that is meeting 
     its designated use for all pollutants to no longer meet such 
     use;
       ``(B) will prevent a receiving body of water that is not 
     meeting its designated use for all pollutants from meeting 
     such use; or
       ``(C) will cause the introduction of pollutants into a 
     publicly owned treatment works that interferes with, passes 
     through, or is otherwise incompatible with such works or will 
     cause such works to violate its permit under section 402 of 
     this Act.
       ``(5) Guidance.--Not later than 270 days after the date of 
     the enactment of this subsection, the Administrator shall 
     publish guidance for determining whether a modification of an 
     otherwise applicable limitation or standard under this 
     subsection will achieve an overall reduction in emissions to 
     the environment and result in an overall net benefit to the 
     environment. In developing such guidance, the Administrator 
     shall consult with the States and other interested parties.
       ``(6) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to authorize the 
     Administrator or a State to enforce, place conditions on, or 
     otherwise regulate emissions into the air or the treatment, 
     storage, or disposal of solid waste or require or enforce 
     conditions on the manufacturing or processing of a chemical 
     substance or mixture in any permit issued under this Act.
       ``(7) Report.--Not later than 3 years after the date of the 
     enactment of this subsection, the Administrator shall submit 
     to Congress a report on the implementation of this subsection 
     and the emissions reductions achieved as a result of 
     modifications made pursuant to this subsection.''.
       (c) Pollution Reduction Agreements.--Section 301 is further 
     amended by adding at the end the following:
       ``(r) Pollution Reduction Agreements.--
       ``(1) In general.--The Administrator (with the concurrence 
     of the State) or a State with an approved program under 
     section 402, after public notice and an opportunity for 
     comment, may issue a permit under section 402 which modifies 
     the requirements of subsection (b) of this section or section 
     306 and makes appropriate modifications to the conditions of 
     the permit, or may modify the requirements of section 307, if 
     the Administrator or State determines that the owner or 
     operator of the source of the discharge has entered into a 
     binding contractual agreement with any other source of 
     discharge in the same watershed to implement pollution 
     reduction controls or measures beyond those otherwise 
     required by law and that the agreement is being implemented 
     through modifications of a permit issued under section 402 to 
     the other source, by modifications of the requirements of 
     section 307 applicable to the other source, or by nonpoint 
     source control practices and measures under section 319 
     applicable to the other source. The Administrator or State 
     may modify otherwise applicable requirements pursuant to this 
     section whenever the Administrator or State determines that 
     such pollution reduction control or measures will result 
     collectively in an overall reduction in discharges to the 
     watershed that is greater than would otherwise be achievable 
     if the parties to the pollution reduction agreement each 
     complied with applicable requirements of subsection

[[Page 715]]

     (b), section 306 or 307 resulting in a net benefit to the 
     watershed.
       ``(2) Notification to affected states.--Before issuing or 
     modifying a permit under this subsection allowing discharges 
     into a watershed that is within the jurisdiction of 2 or more 
     States, the Administrator or State shall provide written 
     notice of the proposed permit to all States with jurisdiction 
     over the watershed. The Administrator or State shall not 
     issue or modify such permit unless all States with 
     jurisdiction over the watershed have approved such permit or 
     unless such States do not disapprove such permit within 90 
     days of receiving such written notice.
       ``(3) Term of modification.--Modifications made pursuant to 
     this subsection shall extend for the term of the modified 
     permits or, in the case of modifications under section 307, 
     for up to 10 years, and may be extended further if the 
     Administrator or State determines, at the expiration of the 
     initial modifications, that such modifications will continue 
     to enable the sources trading credits to achieve greater 
     reduction in discharges to the watershed collectively than 
     would otherwise be attainable.
       ``(4) Nonextension of modification.--Upon expiration of a 
     modification that is not extended further under paragraph 
     (3), the source shall have a reasonable period of time, not 
     to exceed 2 years, to come into compliance with otherwise 
     applicable requirements of this Act.
       ``(5) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to authorize the 
     Administrator or a State, as appropriate, to compel trading 
     among sources or to impose nonpoint source control practices 
     without the consent of the nonpoint source discharger. 
     Nothing in this subsection shall be construed to authorize 
     the Administrator or a State to enforce, place conditions on, 
     or otherwise regulate emissions into the air or the 
     treatment, storage, or disposal of solid waste or require or 
     enforce conditions on the manufacturing or processing of a 
     chemical substance or mixture in any permit issued under this 
     Act.
       ``(6) Limitations on modifications.--A modification of an 
     otherwise applicable limitation or standard may not be made 
     under this subsection if such modification--
       ``(A) will cause a receiving body of water that is meeting 
     its designated use for all pollutants to no longer meet such 
     use;
       ``(B) will prevent a receiving body of water that is not 
     meeting its designated use for all pollutants from meeting 
     such use; or
       ``(C) will cause the introduction of pollutants into a 
     publicly owned treatment works that interferes with, passes 
     through, or is otherwise incompatible with such works or will 
     cause such works to violate its permit under section 402 of 
     this Act.
       ``(7) Guidance.--Not later than 270 days after the date of 
     the enactment of this subsection, the Administrator shall 
     publish guidance for determining whether a modification of an 
     otherwise applicable limitation or standard under this 
     subsection will achieve an overall reduction in discharges to 
     the watershed and result in an overall net benefit to the 
     environment. In developing such guidance, the Administrator 
     shall consult with the States and other interested parties.
       ``(8) Report.--Not later than 3 years after the date of the 
     enactment of this subsection, the Administrator shall submit 
     a report to Congress on the implementation of paragraph (1) 
     and the discharge reductions achieved as a result of 
     modifications made pursuant to paragraph (1).''.
       (d) Antibacksliding.--Section 402(o)(2) (33 U.S.C. 
     1342(o)(2)) is amended--
       (1) in subparagraph (D)--
       (A) by inserting ``301(q), 301(r),'' after ``301(n),''; and
       (B) by striking ``or'' the last place it appears;
       (2) in subparagraph (E) by striking the period at the end 
     and inserting ``; or''; and
       (3) by inserting after subparagraph (E) the following:
       ``(F) the permittee is taking pollution prevention or water 
     conservation measures that produce a net environmental 
     benefit, including, but not limited to, measures that result 
     in the substitution of one pollutant for another pollutant; 
     increase the concentration of a pollutant while decreasing 
     the discharge flow; or increase the discharge of a pollutant 
     or pollutants from one or more outfalls at a permittee's 
     facility, when accompanied by offsetting decreases in the 
     discharge of a pollutant or pollutants from other outfalls at 
     the permittee's facility.''.
       (e) Antidegradation Review.--Section 303(d) (33 U.S.C. 
     1313(d)) is amended by adding at the end the following:
       ``(5) Antidegradation review.--The Administrator may not 
     require a State, in implementing the antidegradation policy 
     established under this section, to conduct an antidegradation 
     review in the case of--
       ``(A) increases in a discharge which are authorized under 
     section 301(g), 301(k), 301(q), 301(r), or 301(t);
       ``(B) increases in the concentration of a pollutant in a 
     discharge caused by a reduction in wastewater flow;
       ``(C) increases in the discharge of a pollutant or 
     pollutants from one or more outfalls at a permittee's 
     facility, when accompanied by offsetting decreases in the 
     discharge of a pollutant or pollutants from other outfalls at 
     the permittee's facility;
       ``(D) reissuance of a permit where there is no increase in 
     existing effluent limitations and, if a new effluent 
     limitation is being added to the permit, where the new 
     limitation is for a pollutant that is newly found in an 
     existing discharge due solely to improved monitoring methods; 
     or
       ``(E) a new or increased discharge which is temporary or 
     short-term or which the State determines represents an 
     insignificant increased pollutant loading.''.
       (f) Innovative Pretreatment Production Processes.--
     Subsection (e) of section 307 (33 U.S.C. 1317(e)) is amended 
     to read as follows:
       ``(e) Innovative Pretreatment Production Processes, 
     Technologies, and Methods.--
       ``(1) In general.--In the case of any facility that 
     proposes to comply with the national categorical pretreatment 
     standards developed under subsection (b) by applying an 
     innovative pollution prevention technology (including an 
     innovative production process change, innovative pollution 
     control technology, or innovative recycling method) that 
     meets the requirements of section 301(k), the Administrator 
     or the State, in consultation with the Administrator, in the 
     case of a State which has a pretreatment program approved by 
     the Administrator, upon application of the facility and with 
     the concurrence of the treatment works into which the 
     facility introduces pollutants, may extend the deadlines for 
     compliance with the applicable national categorical 
     pretreatment standards established under this section and 
     make other appropriate modifications to the facility's 
     pretreatment requirements if the Administrator or the State, 
     in consultation with the Administrator, in the case of a 
     State which has a pretreatment program approved by the 
     Administrator determines that--
       ``(A) the treatment works will require the owner of the 
     source to conduct such tests and monitoring during the period 
     of the modification as are necessary to ensure that the 
     modification does not cause or contribute to a violation by 
     the treatment works under section 402 or a violation of 
     section 405;
       ``(B) the treatment works will require the owner of the 
     source to report on progress at prescribed milestones during 
     the period of modification to ensure that attainment of the 
     pollution reduction goals and conditions set forth in this 
     section is being achieved; and
       ``(C) the proposed extensions or modifications will not 
     cause or contribute to any violation of a permit granted to 
     the treatment works under section 402, any violation of 
     section 405, or a pass through of pollutants such that water 
     quality standards are exceeded in the body of water into 
     which the treatment works discharges.
       ``(2) Interim limitations.--A modification granted pursuant 
     to paragraph (1) shall include interim standards that shall 
     apply during the temporary period of the modification and 
     shall be the more stringent of--
       ``(A) those necessary to ensure that the discharge will not 
     interfere with the operation of the treatment works;
       ``(B) those necessary to ensure that the discharge will not 
     pass through pollutants at a level that will cause water 
     quality standards to be exceeded in the navigable waters into 
     which the treatment works discharges;
       ``(C) the limits established in the previously applicable 
     control mechanism, in those cases in which the limit from 
     which a modification is being sought is more stringent than 
     the limit established in a previous control mechanism 
     applicable to such source.
       ``(3) Duration of extensions and modifications.--The 
     extension of the compliance deadlines and the modified 
     pretreatment requirements established pursuant to paragraph 
     (1) shall not extend beyond the period necessary for the 
     owner to install and use the innovative process, technology, 
     or method in full-scale production operation, but in no case 
     shall the compliance extensions and modified requirements 
     extend beyond 3 years from the date for compliance with the 
     otherwise applicable standards.
       ``(4) Consequences of failure.--In determining the amount 
     of any civil or administrative penalty pursuant to section 
     309(d) or 309(g) for any pretreatment violations, or 
     violations by a publicly owned treatment works, caused by the 
     unexpected failure of an innovative process, technology, or 
     method, a court or the Administrator, as appropriate, shall 
     reduce, or eliminate, the penalty amount for such violations 
     provided the facility made good-faith efforts both to 
     implement the innovation and to comply with the interim 
     standards and, in the case of a publicly owned treatment 
     works, good-faith efforts were made to implement the 
     pretreatment program.''.

     SEC. 303. WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS.

       (a) No Reasonable Relationship.--Section 303(b) (33 U.S.C. 
     1313(b)) is amended by adding at the end the following:
       ``(3) No reasonable relationship.--No water quality 
     standard shall be established under this subsection where 
     there is no reasonable relationship between the costs and 
     anticipated benefits of attaining such standard.''.
       (b) Revision of State Standards.--
       (1) Review of revisions by the administrator.--Section 
     303(c)(1) is amended by striking ``three'' and all that 
     follows through ``1972'' and inserting the following: ``5-
     year period beginning on the date of the enactment of the 
     Clean Water Amendments of 1995 and, for criteria that are 
     revised by the Administrator pursuant to section 304(a), on 
     or before the 180th day after the date of such revision by 
     the Administrator''.

[[Page 716]]

       (2) Factors.--Section 303(c) (33 U.S.C. 1313(c)) is amended 
     by striking paragraph (2)(A) and inserting the following:
       ``(2) State adoption of water quality standards.--
       ``(A) In general.--
       ``(i) Submission to administrator.--Whenever the State 
     revises or adopts a new water quality standard, such standard 
     shall be submitted to the Administrator.
       ``(ii) Designated uses and water quality criteria.--The 
     revised or new standard shall consist of the designated uses 
     of the navigable waters involved and the water quality 
     criteria for such waters based upon such uses.
       ``(iii) Protection of human health.--The revised or new 
     standard shall protect human health and the environment and 
     enhance water quality.
       ``(iv) Development of standards.--In developing revised or 
     new standards, the State may consider information reasonably 
     available on the likely social, economic, energy use, and 
     environmental cost associated with attaining such standards 
     in relation to the benefits to be attained. The State may 
     provide a description of the considerations used in the 
     establishment of the standards.
       ``(v) Record of state's review.--The record of a State's 
     review under paragraph (1) of an existing standard or 
     adoption of a new standard that includes water quality 
     criteria issued or revised by the Administrator after the 
     date of the enactment of this sentence shall contain 
     available estimates of costs of compliance with the water 
     quality criteria published by the Administrator under section 
     304(a)(12) and any comments received by the State on such 
     estimate.
       ``(vi) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to limit or delay the use 
     of any guidance of the Administrator interpreting water 
     quality criteria to allow the use of a dissolved metals 
     concentration measurement or similar adjustment in 
     determining compliance with a water quality standard or 
     establishing effluent limitations.''.
       (c) Revision of Designated Uses.--Section 303(c)(2) (33 
     U.S.C. 1313(c)(2)) is amended by adding at the end the 
     following:
       ``(C) Revision of designated uses.--
       ``(i) Regulations.--After consultation with State officials 
     and not later than 1 year after the date of the enactment of 
     this subparagraph, the Administrator shall propose, and not 
     later than 2 years after such date of enactment shall issue, 
     a revision to the Administrator's regulations regarding 
     designation of uses of waters by States.
       ``(ii) Waters not attaining designated uses.--For navigable 
     waters not attaining designated uses applicable to such 
     waters for all pollutants, the Administrator shall identify 
     conditions that make attainment of the designated use 
     infeasible and shall allow a State to modify the designated 
     use if the State determines that such condition or conditions 
     are present with respect to a particular receiving water, or 
     if the State determines that the costs of achieving the 
     designated use are not justified by the benefits.
       ``(iii) Modification of point source limits.--
     Notwithstanding any other provision of this Act, water 
     quality based limits applicable to point sources may be 
     modified as appropriate to conform to any modified designated 
     use under this section.''.
       (d) Consideration of Influence of Exotic Species.--Section 
     303(c)(2) is further amended by adding at the end the 
     following:
       ``(D) Consideration of influence of exotic species.--In 
     establishing, adopting, or reviewing standards or goals based 
     upon fishable or swimmable uses or uses to assure protection 
     or propagation of a balanced population of fish, shellfish, 
     and wildlife, the State or the Administrator shall consider 
     the influence of exotic or introduced species upon such 
     standards, goals, or uses.
       ``(E) Reclaimed wastewater.--If a State adopts or reviews 
     water quality standards and policies pursuant to this 
     section, the State may consider and balance, in addition to 
     other factors referred to in this section, the need for 
     allowing the discharge of reclaimed wastewater to navigable 
     waters to promote the beneficial use of reclaimed wastewater. 
     In addition, the State may take into consideration and 
     reflect in the standards--
       ``(i) the use and value of reclaimed wastewater for public 
     water supplies;
       ``(ii) the physical, chemical, and biological conditions 
     that influence water quality in the area subject to the 
     standards, including extremes of temperature, water flow, 
     turbidity, mineralization, salinity, and flooding; and
       ``(iii) whether the discharge of reclaimed wastewater will 
     result in a net environmental benefit to the watershed 
     subject to the standards.''.
       (e) Clarification of Mixing Zone Authority.--Section 303 
     (33 U.S.C. 1313) is amended by adding at the end the 
     following:
       ``(i) Continuation of Mixing Zones.--Nothing in this Act 
     shall be construed to authorize the Administrator to prohibit 
     or discontinue mixing zones established by any State for any 
     pollutant or class of pollutants.''.

     SEC. 304. USE OF BIOLOGICAL MONITORING.

       (a) Laboratory Biological Monitoring Criteria.--
     Subparagraph (B) of section 303(c)(2) (33 U.S.C. 1313(c)(2)) 
     is amended--
       (1) by inserting ``Criteria for toxic pollutants.--'' after 
     ``(B)'';
       (2) by moving such subparagraph 4 ems to the right;
       (3) by inserting after the third sentence the following: 
     ``Criteria for whole effluent toxicity based on laboratory 
     biological monitoring or assessment methods shall employ an 
     aquatic species that is indigenous to the type of waters, a 
     species that is representative of such a species, or an 
     appropriate species that indicates the toxicity of the 
     effluent in the receiving waters and shall take into account 
     the accepted analytical variability associated with such 
     methods in defining an exceedence of such criteria.''.
       (b) Permit Procedures.--Section 402 is amended by adding at 
     the end the following:
       ``(q) Biological Monitoring Procedures.--
       ``(1) Responding to exceedances.--If a permit issued under 
     this section contains terms, conditions, or limitations 
     requiring biological monitoring or whole effluent toxicity 
     testing designed to meet criteria for whole effluent toxicity 
     based on laboratory biological monitoring or assessment 
     methods described in section 303(c)(2)(B), the permit shall 
     establish procedures for responding to an exceedance of such 
     criteria that includes analysis, identification, reduction, 
     or, where feasible, elimination of any effluent toxicity. The 
     failure of a biological monitoring test or whole effluent 
     toxicity test shall not result in a finding of a violation 
     under this Act, unless it is demonstrated that the permittee 
     has failed to comply with such procedures.
       ``(2) Discontinuance of use.--The permit shall allow the 
     permittee to discontinue such procedures--
       ``(A) if the permittee is an entity, other than a publicly 
     owned treatment works, if the permittee demonstrates to the 
     permitting authority through a field bio-assessment study 
     that a balanced and healthy population of aquatic species 
     indigenous to the type of waters exists in the waters that 
     are affected by the discharge, and if the applicable 
     numerical water quality standards for specific pollutants are 
     met for such waters; or
       ``(B) if the permittee is a publicly owned treatment 
     works--
       ``(i) if the source or cause of such toxicity cannot, after 
     thorough investigation, be identified; or
       ``(ii) if the permittee makes to the permitting authority a 
     demonstration described in subparagraph (A).''.
       (c) Information on Water Quality Criteria.--Section 
     304(a)(8) (33 U.S.C. 1314(a)(8)) is amended--
       (1) by striking ``, after'' and all that follows through 
     ``1987,''; and
       (2) by inserting after ``publish'' the following: ``, 
     consistent with section 303(c)(2)(B) of this Act,''.

     SEC. 305. ARID AREAS.

       (a) Constructed Water Conveyances.--Section 303(c)(2) (33 
     U.S.C. 1313(c)(2)) is amended by adding at the end the 
     following:
       ``(F) Standards for constructed water conveyances.--
       ``(i) Relevant factors.--If a State exercises jurisdiction 
     over constructed water conveyances in establishing standards 
     under this section, the State may consider the following:

       ``(I) The existing and planned uses of water transported in 
     a conveyance system.
       ``(II) Any water quality impacts resulting from any return 
     flow from a constructed water conveyance to navigable waters 
     and the need to protect downstream users.
       ``(III) Management practices necessary to maintain the 
     conveyance system.
       ``(IV) State or regional water resources management and 
     water conservation plans.
       ``(V) The authorized purpose for the constructed 
     conveyance.

       ``(ii) Relevant uses.--If a State adopts or reviews water 
     quality standards for constructed water conveyances, it shall 
     not be required to establish recreation, aquatic life, or 
     fish consumption uses for such systems if the uses are not 
     existing or reasonably foreseeable or such uses impede the 
     authorized uses of the conveyance system.''.
       (b) Criteria and Guidance for Ephemeral and Effluent-
     Dependent Streams.--Section 304(a) (33 U.S.C. 1314(a)) is 
     amended by adding at the end the following:
       ``(9) Criteria and guidance for ephemeral and effluent-
     dependent streams.--
       ``(A) Development.--Not later than 2 years after the date 
     of the enactment of this paragraph, and after providing 
     notice and opportunity for public comment, the Administrator 
     shall develop and publish--
       ``(i) criteria for ephemeral and effluent-dependent 
     streams; and
       ``(ii) guidance to the States on development and adoption 
     of water quality standards applicable to such streams.
       ``(B) Factors.--The criteria and guidance developed under 
     subparagraph (A) shall take into account the limited ability 
     of ephemeral and effluent-dependent streams to support 
     aquatic life and certain designated uses, shall include 
     consideration of the role the discharge may play in 
     maintaining the flow or level of such waters, and shall 
     promote the beneficial use of reclaimed water pursuant to 
     section 101(a)(10).''.
       (c) Factors Required To Be Considered by Administrator.--
     Section 303(c)(4) is amended by adding at the end the 
     following: ``In revising or adopting any new standard for 
     ephemeral or effluent-dependent streams under this paragraph, 
     the Administrator shall consider the factors referred to in 
     section 304(a)(9)(B).''.
       (d) Definitions.--Section 502 (33 U.S.C. 1362) is amended 
     by adding at the end the following:
       ``(21) The term `effluent-dependent stream' means a stream 
     or a segment thereof--
       ``(A) with respect to which the flow (based on the annual 
     average expected flow, deter

[[Page 717]]

     mined by calculating the average mode over a 10-year period) 
     is primarily attributable to the discharge of treated 
     wastewater;
       ``(B) that, in the absence of a discharge of treated 
     wastewater and other primary anthropogenic surface or 
     subsurface flows, would be an ephemeral stream; or
       ``(C) that is an effluent-dependent stream under applicable 
     State water quality standards.
       ``(22) The term `ephemeral stream' means a stream or 
     segments thereof that flows periodically in response to 
     precipitation, snowmelt, or runoff.
       ``(23) The term `constructed water conveyance' means a 
     manmade water transport system constructed for the purpose of 
     transporting water in a waterway that is not and never was a 
     natural perennial waterway.''.

     SEC. 306. TOTAL MAXIMUM DAILY LOADS.

       Section 303(d)(1)(C) (33 U.S.C. 1313(d)(1)(C)) is amended 
     to read as follows:
       ``(C) Total maximum daily loads.--
       ``(i) State determination of reasonable progress.--Each 
     State shall establish, to the extent and according to a 
     schedule the State determines is necessary to achieve 
     reasonable progress toward the attainment or maintenance of 
     water quality standards, for the waters identified in 
     paragraph (1)(A) of this subsection, and in accordance with 
     the priority ranking, the total maximum daily load, for those 
     pollutants which the Administrator identifies under section 
     304(a)(2) as suitable for such calculation.
       ``(ii) Phased total maximum daily loads.--Total maximum 
     daily loads may reflect load reductions the State expects 
     will be realized over time resulting from anticipated 
     implementation of best management practices, storm water 
     controls, or other nonpoint or point source controls; so long 
     as by December 31, 2015, such loads are established at levels 
     necessary to implement the applicable water quality standards 
     with seasonal variations and a margin of safety.
       ``(iii) Considerations.--In establishing each load, the 
     State shall consider the availability of scientifically valid 
     data and information, the projected reductions achievable by 
     control measures or practices for all sources or categories 
     of sources, and the relative cost-effectiveness of 
     implementing such control measures or practices for such 
     sources.''.

     SEC. 307. REVISION OF CRITERIA, STANDARDS, AND LIMITATIONS.

       (a) Revision of Water Quality Criteria.--
       (1) Factors.--Section 304(a)(1) (33 U.S.C. 1314(a)(1)) is 
     amended--
       (A) by striking ``and (C)'' and inserting ``(C)''; and
       (B) by striking the period at the end and inserting the 
     following: ``(D) on the organisms that are likely to be 
     present in various ecosystems; (E) on the bioavailability of 
     pollutants under various natural and man induced conditions; 
     (F) on the magnitude, duration, and frequency of exposure 
     reasonably required to induce the adverse effects of concern; 
     and (G) on the bioaccumulation threat presented under various 
     natural conditions.''.
       (2) Certification.--Section 304(a) (33 U.S.C. 1314(a)) is 
     amended by adding at the end the following:
       ``(10) Certification.--
       ``(A) In general.--Not later than 5 years after the date of 
     the enactment of this paragraph, and at least once every 5 
     years thereafter, the Administrator shall publish a written 
     certification that the criteria for water quality developed 
     under paragraph (1) reflect the latest and best scientific 
     knowledge.
       ``(B) Updating of existing criteria.--Not later than 90 
     days after the date of the enactment of this paragraph, the 
     Administrator shall publish a schedule for updating, by not 
     later than 5 years after the date of the enactment of this 
     paragraph, the criteria for water quality developed under 
     paragraph (1) before the date of the enactment of this 
     subsection.
       ``(C) Deadline for revision of certain criteria.--Not later 
     than 1 year after the date of the enactment of this 
     paragraph, the Administrator shall revise and publish 
     criteria under paragraph (1) for ammonia, chronic whole 
     effluent toxicity, and metals as necessary to allow the 
     Administrator to make the certification under subparagraph 
     (A). In the case of ammonia, the Administrator shall revise 
     the criteria only to the extent that the current criteria are 
     more stringent than necessary to achieve the objectives of 
     this Act. ''.
       (b) Consideration of Certain Contaminants.--Section 304(a) 
     (33 U.S.C. 1314(a)) is amended by adding at the end the 
     following:
       ``(11) Consideration of certain contaminants.--In 
     developing and revising criteria for water quality criteria 
     under paragraph (1), the Administrator shall consider 
     addressing, at a minimum, each contaminant regulated pursuant 
     to section 1412 of the Public Health Service Act (42 U.S.C. 
     300g-1).''.
       (c) Cost Estimate.--Section 304(a) (33 U.S.C. 1314(a)) is 
     further amended by adding at the end the following:
       ``(12) Cost estimate.--Whenever the Administrator issues or 
     revises a criteria for water quality under paragraph (1), the 
     Administrator, after consultation with Federal and State 
     agencies and other interested persons, shall develop and 
     publish an estimate of the costs that would likely be 
     incurred if sources were required to comply with the criteria 
     and an analysis to support the estimate. Such analysis shall 
     meet the requirements relevant to the estimation of costs 
     published in guidance issued under section 324(b).''.
       (d) Revision of Effluent Limitations.--
       (1) Elimination of requirement for annual revision.--
     Section 304(b) (33 U.S.C. 1314(b)) is amended in the matter 
     preceding paragraph (1) by striking ``and, at least annually 
     thereafter,'' and inserting ``and thereafter shall''.
       (2) Special rule.--Section 304(b) (33 U.S.C. 1314(b)) is 
     amended by striking the period at the end of the first 
     sentence and inserting the following: ``; except that 
     guidelines issued under paragraph (1)(A) addressing 
     pollutants identified pursuant to subsection (a)(4) shall not 
     be revised after February 15, 1995, to be more stringent 
     unless such revised guidelines meet the requirements of 
     paragraph (4)(A).''.
       (e) Industrial Publicly Owned Treatment Works.--Section 
     304(d) (33 U.S.C. 1314(d)) is amended by adding at the end 
     the following:
       ``(5) Industrial publicly owned treatment works.--
       ``(A) Guidelines.--Not later than 18 months after the date 
     of the enactment of this paragraph, the Administrator, after 
     consultation with appropriate Federal and State agencies and 
     other interested persons, shall publish guidelines for 
     effluent limitations under section 301 and sludge use and 
     disposal requirements under section 405 applicable to 
     publicly owned treatment works designed to treat a 
     predominance of industrial wastewater. Such guidelines shall 
     take into account differences in constituents, treatability, 
     available technology procedures, and costs resulting from the 
     fact that the publicly owned treatment works treat wastewater 
     and manage sludge derived predominantly from industrial 
     sources.
       ``(B) Permits.--Following the issuance of guidelines under 
     this paragraph, permits under section 402 for such publicly 
     owned treatment works shall be derived using the guidelines 
     issued under this paragraph in lieu of applying the 
     regulations otherwise applicable to publicly owned treatment 
     works promulgated under paragraph (1) of this subsection and 
     section 405(d).''.
       (f) Schedule for Review of Guidelines.--Section 304(m)(1) 
     (33 U.S.C. 1314(m)(1)) is amended to read as follows:
       ``(1) Publication.--Not later than 1 year after the date of 
     the enactment of the Clean Water Amendments of 1995, the 
     Administrator shall publish in the Federal Register a plan 
     which shall--
       ``(A) identify categories of sources discharging pollutants 
     for which guidelines under subsection (b)(2) of this section 
     and section 306 have not been previously published;
       ``(B) establish a schedule for determining whether such 
     discharge presents a significant risk to human health and the 
     environment and whether such risk is sufficient, when 
     compared to other sources of pollutants in navigable waters, 
     to warrant regulation by the Administrator; and
       ``(C) establish a schedule for issuance of effluent 
     guidelines for those categories identified pursuant to 
     subparagraph (B).''.
       (g) Revision of Pretreatment Requirements.--Section 
     304(g)(1) (33 U.S.C. 1314(g)(1)) is amended by striking ``and 
     review at least annually thereafter and, if appropriate, 
     revise'' and insert ``and thereafter revise, as 
     appropriate,''.
       (h) Central Treatment Facility Exemption.--Section 304 (33 
     U.S.C. 1314) is amended by adding at the end the following:
       ``(n) Central Treatment Facility Exemption.--The exemption 
     from effluent guidelines for the Iron and Steel Manufacturing 
     Point Source Category set forth in section 420.01(b) of title 
     40, Code of Federal Regulations, for the facilities listed in 
     such section shall remain in effect for any facility that met 
     the requirements of such section on or before July 26, 1982, 
     until the Administrator develops alternative effluent 
     guidelines for the facility.''.

     SEC. 308. PERSONNEL AND REPORTING.

       ``(a) Permitting Boards.--Section 304(i)(2)(D) (33 U.S.C. 
     1314(i)(2)(D)) is amended by striking ``any person'' and all 
     that follows through the period at the end and inserting the 
     following: ``any person (other than a retiree or an employee 
     or official of a city, county, or local governmental agency) 
     who receives a significant portion of his or her income 
     during the period of service on the board or body directly or 
     indirectly from permit holders or applicants for a 
     permit).''.
       (b) Reporting.--Section 305(b) (33 U.S.C. 1315(b)) is 
     amended--
       (1) in paragraph (1) by striking the matter preceding 
     subparagraph (A) and inserting ``Not later than 3 years after 
     the date of the enactment of the Clean Water Amendments of 
     1995, and every 5 years thereafter, each State shall prepare 
     and submit to the Administrator a report which shall 
     include--''; and
       (2) by adding at the end the following:
       ``(c) Consolidation of Reporting Requirements.--A State may 
     consolidate any of the reporting requirements of this Act 
     that relate to ambient water quality into the report required 
     under this section.''.

     SEC. 309. SECONDARY TREATMENT.

       (a) Coastal Discharges.--Section 304(d) (33 U.S.C. 1314(d)) 
     is amended by adding at the end the following:
       ``(6) Coastal discharges.--For purposes of this subsection, 
     any municipal wastewater treatment facility shall be deemed 
     the equivalent of a secondary treatment facility if each of 
     the following requirements is met:
       ``(A) The facility employs chemically enhanced primary 
     treatment.
       ``(B) The facility, on the date of the enactment of this 
     paragraph, discharges through

[[Page 718]]

     an ocean outfall into an open marine environment greater than 
     4 miles offshore into a depth greater than 300 feet.
       ``(C) The facility's discharge is in compliance with all 
     local and State water quality standards for the receiving 
     waters.
       ``(D) The facility's discharge will be subject to an ocean 
     monitoring program acceptable to relevant Federal and State 
     regulatory agencies.''.
       (b) Modification of Secondary Treatment Requirements.--
       (1) In general.--Section 301 (33 U.S.C. 1311) is amended by 
     adding at the end the following:
       ``(s) Modification of Secondary Treatment Requirements.--
       ``(1) In general.--The Administrator, with the concurrence 
     of the State, shall issue a 10-year permit under section 402 
     which modifies the requirements of subsection (b)(1)(B) of 
     this section with respect to the discharge of any pollutant 
     from a publicly owned treatment works into marine waters 
     which are at least 150 feet deep through an ocean outfall 
     which discharges at least 1 mile offshore, if the applicant 
     demonstrates that--
       ``(A) there is an applicable ocean plan and the facility's 
     discharge is in compliance with all local and State water 
     quality standards for the receiving waters;
       ``(B) the facility's discharge will be subject to an ocean 
     monitoring program determined to be acceptable by relevant 
     Federal and State regulatory agencies;
       ``(C) the applicant has an Agency approved pretreatment 
     plan in place; and
       ``(D) the applicant, at the time such modification becomes 
     effective, will be discharging effluent which has received at 
     least chemically enhanced primary treatment and achieves a 
     monthly average of 75 percent removal of suspended solids.
       ``(2) Discharge of any pollutant into marine waters 
     defined.--For purposes of this subsection, the term 
     `discharge of any pollutant into marine waters' means a 
     discharge into deep waters of the territorial sea or the 
     waters of the contiguous zone, or into saline estuarine 
     waters where there is strong tidal movement.
       ``(3) Deadline.--On or before the 90th day after the date 
     of submittal of an application for a modification under 
     paragraph (1), the Administrator shall issue to the applicant 
     a modified permit under section 402 or a written 
     determination that the application does not meet the terms 
     and conditions of this subsection.
       ``(4) Effect of failure to respond.--If the Administrator 
     does not respond to an application for a modification under 
     paragraph (1) on or before the 90th day referred to in 
     paragraph (3), the application shall be deemed approved and 
     the modification sought by the applicant shall be in effect 
     for the succeeding 10-year period.''.
       (2) Extension of application deadline.--Section 301(j) (33 
     U.S.C. 1311(j)) is amended by adding at the end the 
     following:
       ``(6) Extension of application deadline.--In the 365-day 
     period beginning on the date of the enactment of this 
     paragraph, municipalities may apply for a modification 
     pursuant to subsection (s) of the requirements of subsection 
     (b)(1)(B) of this section.''.
       (c) Modifications for Small System Treatment 
     Technologies.--Section 301 (33 U.S.C. 1311) is amended by 
     adding at the end the following:
       ``(t) Modifications for Small System Treatment 
     Technologies.--The Administrator, with the concurrence of the 
     State, or a State with an approved program under section 402 
     may issue a permit under section 402 which modifies the 
     requirements of subsection (b)(1)(B) of this section with 
     respect to the discharge of any pollutant from a publicly 
     owned treatment works serving a community of 10,000 people or 
     fewer if the applicant demonstrates to the satisfaction of 
     the Administrator that--
       ``(1) the effluent from such facility originates primarily 
     from domestic users; and
       ``(2) such facility utilizes a properly constructed and 
     operated alternative wastewater treatment system (including 
     recirculating sand filter systems, constructed wetlands, and 
     oxidation lagoons) which is equivalent to secondary treatment 
     or will provide in the receiving waters and watershed an 
     adequate level of protection to human health and the 
     environment and contribute to the attainment of water quality 
     standards.''.
       (d) Puerto Rico.--Section 301 (33 U.S.C. 1311) is further 
     amended by adding at the end the following:
       ``(u) Puerto Rico.--
       ``(1) Study by government of puerto rico.--Not later than 3 
     months after the date of the enactment of this section, the 
     Government of Puerto Rico may, after consultation with the 
     Administrator, initiate a study of the marine environment of 
     Anasco Bay off the coast of the Mayaguez region of Puerto 
     Rico to determine the feasibility of constructing a deepwater 
     outfall for the publicly owned treatment works located at 
     Mayaguez, Puerto Rico. Such study shall recommend one or more 
     technically feasible locations for the deepwater outfall 
     based on the effects of such outfall on the marine 
     environment.
       ``(2) Application for modification.--Notwithstanding 
     subsection (j)(1)(A), not later than 18 months after the date 
     of the enactment of this section, an application may be 
     submitted for a modification pursuant to subsection (h) of 
     the requirements of subsection (b)(1)(B) of this section by 
     the owner of the publicly owned treatment works at Mayaguez, 
     Puerto Rico, for a deepwater outfall at a location 
     recommended in the study conducted pursuant to paragraph (1).
       ``(3) Initial determination.--On or before the 90th day 
     after the date of submittal of an application for 
     modification under paragraph (2), the Administrator shall 
     issue to the applicant a draft initial determination 
     regarding the modification of the existing permit.
       ``(4) Final determination.--On or before the 270th day 
     after the date of submittal of an application for 
     modification under paragraph (2), the Administrator shall 
     issue a final determination regarding such modification.
       ``(5) Effectiveness.--If a modification is granted pursuant 
     to an application submitted under this subsection, such 
     modification shall be effective only if the new deepwater 
     outfall is operational within 5 years after the date of the 
     enactment of this subsection. In all other aspects, such 
     modification shall be effective for the period applicable to 
     all modifications granted under subsection (h).
       (e) Anchorage, Alaska.--Section 301 (33 U.S.C. 1311) is 
     further amended by adding at the end the following:
       ``(v) Anchorage, Alaska.--The Administrator may grant an 
     application for a modification pursuant to subsection (h) 
     with respect to the discharge into marine waters of any 
     pollutant from a publicly owned treatment works serving 
     Anchorage, Alaska, notwithstanding subsection (j)(1)(A) and 
     notwithstanding whether or not the treatment provided by such 
     treatment works is adequate to remove at least 30 percent of 
     the biological oxygen demanding material.''.

     SEC. 310. TOXIC POLLUTANTS.

       (a) Toxic Effluent Limitations and Standards.--Section 
     307(a)(2) (33 U.S.C. 1317(a)(2)) is amended--
       (1) by striking ``(2) Each'' and inserting the following:
       ``(2) Toxic effluent limitations and standards.--
       ``(A) In general.--Each'';
       (2) by moving paragraph (2) 2 ems to the right;
       (3) by indenting subparagraph (A), as so designated, and 
     moving the remaining text of such subparagraph 2 ems further 
     to the right; and
       (4) in subparagraph (A), as so designated, by striking the 
     third sentence; and
       (5) by adding at the end the following:
       ``(B) Factors.--The published effluent standard (or 
     prohibition) shall take into account--
       ``(i) the pollutant's persistence, toxicity, degradability, 
     and bioaccumulation potential;
       ``(ii) the magnitude and risk of exposure to the pollutant, 
     including risks to affected organisms and the importance of 
     such organisms;
       ``(iii) the relative contribution of point source 
     discharges of the pollutant to the overall risk from the 
     pollutant;
       ``(iv) the availability of, costs associated with, and risk 
     posed by substitute chemicals or processes or the 
     availability of treatment processes or control technology;
       ``(v) the beneficial and adverse social and economic 
     effects of the effluent standard, including the impact on 
     energy resources;
       ``(vi) the extent to which effective control is being or 
     may be achieved in an expeditious manner under other 
     regulatory authorities;
       ``(vii) the impact on national security interests; and
       ``(viii) such other factors as the Administrator considers 
     appropriate.''.
       (b) Beach Water Quality Monitoring.--
       (1) In general.--Section 304 is further amended by adding 
     at the end the following:
       ``(o) Beach Water Quality Monitoring.--After consultation 
     with appropriate Federal, State, and local agencies and after 
     providing notice and opportunity for public comment, the 
     Administrator shall develop and issue, not later than 18 
     months after the date of the enactment of this Act, guidance 
     that States may use in monitoring water quality at beaches 
     and issuing health advisories with respect to beaches, 
     including testing protocols, recommendations on frequency of 
     testing and monitoring, recommendations on pollutants for 
     which monitoring and testing should be conducted, and 
     recommendations on when health advisories should be issued. 
     Such guidance shall be based on the best available scientific 
     information and be sufficient to protect public health and 
     safety in the case of any reasonably expected exposure to 
     pollutants as a result of swimming or bathing.''.
       (2) Reports.--Section 516(a) (33 U.S.C. 1375(a)) is amended 
     by striking ``and (9)'' and inserting ``(9) the monitoring 
     conducted by States on the water quality of beaches and the 
     issuance of health advisories with respect to beaches, and 
     (10)''.
       (c) Fish Consumption Advisories.--Any fish consumption 
     advisories issued by the Administrator shall be based upon 
     the protocols, methodology, and findings of the Food and Drug 
     Administration.

     SEC. 311. LOCAL PRETREATMENT AUTHORITY.

       Section 307 (33 U.S.C. 1317) is amended by adding at the 
     end the following new subsection:
       ``(f) Local Pretreatment Authority.--
       ``(1) Demonstration.--If, to carry out the purposes 
     identified in paragraph (2), a publicly owned treatment works 
     with an approved pretreatment program demonstrates to the 
     satisfaction of the Administrator, or a State with an 
     approved program under section 402, that--
       ``(A) such publicly owned treatment works is in compliance, 
     and is likely to remain in compliance, with its permit under 
     section 402, including applicable effluent limitations and 
     narrative standards;

[[Page 719]]

       ``(B) such publicly owned treatment works is in compliance, 
     and is likely to remain in compliance, with applicable air 
     emission limitations;
       ``(C) biosolids produced by such publicly owned treatment 
     works meet beneficial use requirements under section 405;
       ``(D) such publicly owned treatment works is likely to 
     continue to meet all applicable State requirements; and
       ``(E) local limits established by such treatment works in 
     its approved pretreatment program are preventing and will 
     continue to prevent the introduction of pollutants into such 
     treatment works that interfere with, pass through, or are 
     otherwise incompatible with such treatment works;
     the approved pretreatment program shall be modified to allow 
     the publicly owned treatment works to apply approved local 
     limits in lieu of categorical pretreatment standards 
     promulgated under this section.
       ``(2) Purposes.--The publicly owned treatment works may 
     make the demonstration to the Administrator or the State, as 
     the case may be, to apply approved local limits in lieu of 
     categorical pretreatment standards, as the treatment works 
     deems necessary, for the purposes of--
       ``(A) reducing the administrative burden associated with 
     the designation of an `industrial user' as a `categorical 
     industrial user'; or
       ``(B) eliminating additional redundant or unnecessary 
     treatment by industrial users which has little or no 
     environmental benefit.
       ``(3) Limitations.--
       ``(A) Significant noncompliance.--The publicly owned 
     treatment works may not apply local limits in lieu of 
     categorical pretreatment standards to any industrial user 
     which is in significant noncompliance (as defined by the 
     Administrator) with its approved pretreatment program.
       ``(B) Procedures.--A demonstration to the Administrator or 
     the State under paragraph (1) must be made under the 
     procedures for pretreatment program modification provided 
     under this section and section 402.
       ``(4) Annual review.--
       ``(A) Demonstration relating to ability to meet criteria.--
     As part of the annual pretreatment report of the publicly 
     owned treatment works to the Administrator or State, the 
     treatment works shall demonstrate that application of local 
     limits in lieu of categorical pretreatment standards has not 
     resulted in the inability of the treatment works to meet the 
     criteria of paragraph (1).
       ``(B) Termination of authority.--If the Administrator or 
     State determines that application of local limits in lieu of 
     categorical pretreatment standards has resulted in the 
     inability of the treatment works to meet the criteria of 
     paragraph (1), the authority of a publicly owned treatment 
     works under this section shall be terminated and any affected 
     industrial user shall have a reasonable period of time to be 
     determined by the Administrator or State, but not to exceed 2 
     years, to come into compliance with any otherwise applicable 
     requirements of this Act.''.

     SEC. 312. COMPLIANCE WITH MANAGEMENT PRACTICES.

       Section 307 (33 U.S.C. 1317) is amended by adding at the 
     end the following:
       ``(g) Compliance With Management Practices.--
       ``(1) Special rule.--The Administrator or a State with a 
     permit program approved under section 402 may allow any 
     person that introduces silver into a publicly owned treatment 
     works to comply with a code of management practices with 
     respect to the introduction of silver into the treatment 
     works for a period not to exceed 5 years beginning on the 
     date of the enactment of this subsection in lieu of complying 
     with any pretreatment requirement (including any local limit) 
     based on an effluent limitation for the treatment works 
     derived from a water quality standard for silver--
       ``(A) if the treatment works has accepted the code of 
     management practices;
       ``(B) if the code of management practices meets the 
     requirements of paragraph (2); and
       ``(C) if the facility is--
       ``(i) part of a class of facilities for which the code of 
     management practices has been approved by the Administrator 
     or the State;
       ``(ii) in compliance with a mass limitation or 
     concentration level for silver attainable with the 
     application of the best available technology economically 
     achievable for such facilities, as established by the 
     Administrator after a review of the treatment and management 
     practices of such class of facilities; and
       ``(iii) implementing the code of management practices.
       ``(2) Code of management practices.--A code of management 
     practices meets the requirements of this paragraph if the 
     code of management practices--
       ``(A) is developed and adopted by representatives of 
     industry and publicly owned treatment works of major urban 
     areas;
       ``(B) is approved by the Administrator or the State, as the 
     case may be;
       ``(C) reflects acceptable industry practices to minimize 
     the amount of silver introduced into publicly owned treatment 
     works or otherwise entering the environment from the class of 
     facilities for which the code of management practices is 
     approved; and
       ``(D) addresses, at a minimum--
       ``(i) the use of the best available technology economically 
     achievable, based on a review of the current state of such 
     technology for such class of facilities and of the effluent 
     guidelines for such facilities;
       ``(ii) water conservation measures available to reduce the 
     total quantity of discharge from such facilities to publicly 
     owned treatment works;
       ``(iii) opportunities to recover silver (and other 
     pollutants) from the waste stream prior to introduction into 
     a publicly owned treatment works; and
       ``(iv) operating and maintenance practices to minimize the 
     amount of silver introduced into publicly owned treatment 
     works and to assure consistent performance of the management 
     practices and treatment technology specified under this 
     paragraph.
       ``(3) Interim extension for potws receiving silver.--In any 
     case in which the Administrator or a State with a permit 
     program approved under section 402 allows under paragraph (1) 
     a person to comply with a code of management practices for a 
     period of not to exceed 5 years in lieu of complying with a 
     pretreatment requirement (including a local limit) for 
     silver, the Administrator or State, as applicable, shall 
     modify the permit conditions and effluent limitations for any 
     affected publicly owned treatment works to defer for such 
     period compliance with any effluent limitation derived from a 
     water quality standard for silver beyond that required by 
     section 301(b)(2), notwithstanding the provisions of section 
     303(d)(4) and 402(o), if the Administrator or the State, as 
     applicable, finds that--
       ``(A) the quality of any affected waters and the operation 
     of the treatment works will be adequately protected during 
     such period by implementation of the code of management 
     practices and the use of best technology economically 
     achievable by persons introducing silver into the treatment 
     works;
       ``(B) the introduction of pollutants into such treatment 
     works is in compliance with paragraphs (1) and (2); and
       ``(C) a program of enforcement by such treatment works and 
     the State ensures such compliance.''.

     SEC. 313. FEDERAL ENFORCEMENT.

       (a) Adjustment of Penalties.--Section 309 (33 U.S.C. 1319) 
     is amended by adding at the end the following:
       ``(h) Adjustment of Monetary Penalties for Inflation.--
       ``(1) In general.--Not later than 4 years after the date of 
     the enactment of this subsection, and at least once every 4 
     years thereafter, the Administrator shall adjust each 
     monetary penalty provided by this section in accordance with 
     paragraph (2) and publish such adjustment in the Federal 
     Register.
       ``(2) Method.--An adjustment to be made pursuant to 
     paragraph (1) shall be determined by increasing or decreasing 
     the maximum monetary penalty or the range of maximum monetary 
     penalties, as appropriate, by multiplying the cost-of-living 
     adjustment and the amount of such penalty.
       ``(3) Cost-of-living adjustment defined.--In this 
     subsection, the term `cost-of-living' adjustment means the 
     percentage (if any) for each monetary penalty by which--
       ``(A) the Consumer Price Index for the month of June of the 
     calendar year preceding the adjustment; is greater or less 
     than
       ``(B) the Consumer Price Index for--
       ``(i) with respect to the first adjustment under this 
     subsection, the month of June of the calendar year preceding 
     the date of the enactment of this subsection; and
       ``(ii) with respect to each subsequent adjustment under 
     this subsection, the month of June of the calendar year in 
     which the amount of such monetary penalty was last adjusted 
     under this subsection.
       ``(4) Rounding.--In making adjustments under this 
     subsection, the Administrator may round the dollar amount of 
     a penalty, as appropriate.
       ``(5) Applicability.--Any increase or decrease to a 
     monetary penalty resulting from this subsection shall apply 
     only to violations which occur after the date any such 
     increase takes effect.''.
       (b) Joining States as Parties in Actions Involving 
     Municipalities.--Section 309(e) (33 U.S.C. 1319(e)) is 
     amended by striking ``shall be joined as a party. Such 
     State'' and inserting ``may be joined as a party. Any State 
     so joined as a party''.

     SEC. 314. RESPONSE PLANS FOR DISCHARGES OF OIL OR HAZARDOUS 
                   SUBSTANCES.

       (a) In General.--The requirements of section 311(j)(5) of 
     the Federal Water Pollution Control Act (33 U.S.C. 
     1321(j)(5)) shall not apply with respect to--
       (1) a municipal or industrial treatment works at which no 
     greater than a de minimis quantity of oil or hazardous 
     substances is stored; or
       (2) a facility that stores process water mixed with a de 
     minimis quantity of oil.
       (b) Regulations.--The President shall issue regulations 
     clarifying the meaning of the term ``de minimis quantity of 
     oil or hazardous substances'' as used in this section.

     SEC. 315. MARINE SANITATION DEVICES.

       Section 312(c)(1)(A) (33 U.S.C. 1322(c)(1)(A)) is amended 
     by adding at the end the following: ``Not later than 2 years 
     after the date of the enactment of this sentence, and at 
     least once every 5 years thereafter, the Administrator, in 
     consultation with the Secretary of the Department in which 
     the Coast Guard is operating and after providing notice and 
     opportunity for public comment, shall review such standards 
     and regulations to take into account improvements in 
     technology relating to marine sanitation devices and based on 
     such review shall make such revisions to such standards and 
     regulations as may be necessary.''.

[[Page 720]]

     SEC. 316. FEDERAL FACILITIES.

       (a) Application of Certain Provisions.--Section 313(a) (33 
     U.S.C. 1323(a)) is amended by striking all preceding 
     subsection (b) and inserting the following:

     ``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

       ``(a) Applicability of Federal, State, Interstate, and 
     Local Laws.--
       ``(1) In general.--Each department, agency, or 
     instrumentality of the executive, legislative, and judicial 
     branches of the Federal Government--
       ``(A) having jurisdiction over any property or facility, or
       ``(B) engaged in any activity resulting, or which may 
     result, in the discharge of pollutants,
     and each officer, agent, or employee thereof in the 
     performance of his official duties, shall be subject to, and 
     comply with, all Federal, State, interstate, and local 
     requirements, administrative authority, and process and 
     sanctions respecting the control and abatement of water 
     pollution in the same manner and to the same extent as any 
     nongovernmental entity, including the payment of reasonable 
     service charges.
       ``(2) Types of actions covered.--Paragraph (1) shall 
     apply--
       ``(A) to any requirement whether substantive or procedural 
     (including any recordkeeping or reporting requirement, any 
     requirement respecting permits, and any other requirement),
       ``(B) to the exercise of any Federal, State, or local 
     administrative authority, and
       ``(C) to any process and sanction, whether enforced in 
     Federal, State, or local courts or in any other manner.
       ``(3) Penalties and fines.--The Federal, State, interstate, 
     and local substantive and procedural requirements, 
     administrative authority, and process and sanctions referred 
     to in paragraph (1) include all administrative orders and all 
     civil and administrative penalties and fines, regardless of 
     whether such penalties or fines are punitive or coercive in 
     nature or are imposed for isolated, intermittent, or 
     continuing violations.
       ``(4) Sovereign immunity.--
       ``(A) Waiver.--The United States hereby expressly waives 
     any immunity otherwise applicable to the United States with 
     respect to any requirement, administrative authority, and 
     process and sanctions referred to in paragraph (1) (including 
     any injunctive relief, any administrative order, any civil or 
     administrative penalty or fine referred to in paragraph (3), 
     or any reasonable service charge).
       ``(B) Processing fees.--The reasonable service charges 
     referred to in this paragraph include fees or charges 
     assessed in connection with the processing and issuance of 
     permits, renewal of permits, amendments to permits, review of 
     plans, studies, and other documents, and inspection and 
     monitoring of facilities, as well as any other 
     nondiscriminatory charges that are assessed in connection 
     with a Federal, State, interstate, or local water pollution 
     regulatory program.
       ``(5) Exemptions.--
       ``(A) General authority of president.--The President may 
     exempt any effluent source of any department, agency, or 
     instrumentality in the executive branch from compliance with 
     any requirement to which paragraph (1) applies if the 
     President determines it to be in the paramount interest of 
     the United States to do so; except that no exemption may be 
     granted from the requirements of section 306 or 307 of this 
     Act.
       ``(B) Limitation.--No exemptions shall be granted under 
     subparagraph (A) due to lack of appropriation unless the 
     President shall have specifically requested such 
     appropriation as a part of the budgetary process and the 
     Congress shall have failed to make available such requested 
     appropriation.
       ``(C) Time period.--Any exemption under subparagraph (A) 
     shall be for a period not in excess of 1 year, but additional 
     exemptions may be granted for periods of not to exceed 1 year 
     upon the President's making a new determination.
       ``(D) Military property.--In addition to any exemption of a 
     particular effluent source, the President may, if the 
     President determines it to be in the paramount interest of 
     the United States to do so, issue regulations exempting from 
     compliance with the requirements of this section any 
     weaponry, equipment, aircraft, vessels, vehicles, or other 
     classes or categories of property, and access to such 
     property, which are owned or operated by the Armed Forces of 
     the United States (including the Coast Guard) or by the 
     National Guard of any State and which are uniquely military 
     in nature. The President shall reconsider the need for such 
     regulations at 3-year intervals.
       ``(E) Reports.--The President shall report each January to 
     the Congress all exemptions from the requirements of this 
     section granted during the preceding calendar year, together 
     with the President's reason for granting such exemption.
       ``(6) Venue.--Nothing in this section shall be construed to 
     prevent any department, agency, or instrumentality of the 
     Federal Government, or any officer, agent, or employee 
     thereof in the performance of official duties, from removing 
     to the appropriate Federal district court any proceeding to 
     which the department, agency, or instrumentality or officer, 
     agent, or employee thereof is subject pursuant to this 
     section, and any such proceeding may be removed in accordance 
     with chapter 89 of title 28, United States Code.
       ``(7) Personal liability of federal employees.--No agent, 
     employee, or officer of the United States shall be personally 
     liable for any civil penalty under any Federal, State, 
     interstate, or local water pollution law with respect to any 
     act or omission within the scope of the official duties of 
     the agent, employee, or officer.
       ``(8) Criminal sanctions.--An agent, employee, or officer 
     of the United States shall be subject to any criminal 
     sanction (including any fine or imprisonment) under any 
     Federal or State water pollution law, but no department, 
     agency, or instrumentality of the executive, legislative, or 
     judicial branch of the Federal Government shall be subject to 
     any such sanction.''.
       (b) Funds Collected by a State.--Section 313 (33 U.S.C. 
     1323) is further amended by adding at the end the following:
       ``(c) Limitation on State Use of Funds.--Unless a State law 
     in effect on the date of the enactment of this subsection or 
     a State constitution requires the funds to be used in a 
     different manner, all funds collected by a State from the 
     Federal Government in penalties and fines imposed for the 
     violation of a substantive or procedural requirement referred 
     to in subsection (a) shall be used by a State only for 
     projects designed to improve or protect the environment or to 
     defray the costs of environmental protection or 
     enforcement.''.
       (c) Enforcement.--Section 313 is further amended by adding 
     at the end the following:
       ``(d) Federal Facility Enforcement.--
       ``(1) Administrative enforcement by epa.--The Administrator 
     may commence an administrative enforcement action against any 
     department, agency, or instrumentality of the executive, 
     legislative, or judicial branch of the Federal Government 
     pursuant to the enforcement authorities contained in this 
     Act.
       ``(2) Procedure.--The Administrator shall initiate an 
     administrative enforcement action against a department, 
     agency, or instrumentality under this subsection in the same 
     manner and under the same circumstances as an action would be 
     initiated against any other person under this Act. The amount 
     of any administrative penalty imposed under this subsection 
     shall be determined in accordance with section 309(d) of this 
     Act.
       ``(3) Voluntary settlement.--Any voluntary resolution or 
     settlement of an action under this subsection shall be set 
     forth in an administrative consent order.
       ``(4) Conferral with epa.--No administrative order issued 
     to a department, agency, or instrumentality under this 
     section shall become final until such department, agency, or 
     instrumentality has had the opportunity to confer with the 
     Administrator.''.
       (d) Limitation on Actions and Right of Intervention.--
     Section 313 is further amended by adding at the end the 
     following:
       ``(e) Limitation on Actions and Right of Intervention.--Any 
     violation with respect to which the Administrator has 
     commenced and is diligently prosecuting an action under this 
     subsection, or for which the Administrator has issued a final 
     order and the violator has either paid a penalty or fine 
     assessed under this subsection or is subject to an 
     enforceable schedule of corrective actions, shall not be the 
     subject of an action under section 505 of this Act. In any 
     action under this subsection, any citizen may intervene as a 
     matter of right.''.
       (e) Definition of Person.--Section 502(5) (33 U.S.C. 
     1362(5)) is amended by inserting before the period at the end 
     the following: ``and includes any department, agency, or 
     instrumentality of the United States''.
       (f) Definition of Radioactive Materials.--Section 502 (33 
     U.S.C. 1362) is amended by adding at the end the following:
       ``(24) The term `radioactive materials' includes source 
     materials, special nuclear materials, and byproduct materials 
     (as such terms are defined under the Atomic Energy Act of 
     1954) which are used, produced, or managed at facilities not 
     licensed by the Nuclear Regulatory Commission; except that 
     such term does not include any material which is discharged 
     from a vessel or other facility covered by Executive Order 
     12344 (42 U.S.C. 7158 note; relating to the Naval Nuclear 
     Propulsion Program).''.
       (g) Conforming Amendments.--Section 313(b) (33 U.S.C. 
     1323(b)) is amended--
       (1) by striking ``(b)(1)'' and inserting the following:
       ``(b) Wastewater Facilities.--
       ``(1) Cooperation for use of wastewater control systems.--
     '';
       (2) in paragraph (2) by inserting ``Limitation on 
     construction.--'' before ``Construction''; and
       (3) by moving paragraphs (1) and (2) 2 ems to the right.
       (h) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall only apply to violations occurring after such date 
     of enactment.

     SEC. 317. CLEAN LAKES.

       (a) Priority Lakes.--Section 314(d)(2) (33 U.S.C. 
     1324(d)(2)) is amended by inserting ``Paris Twin Lakes, 
     Illinois; Otsego Lake, New York; Raystown Lake, 
     Pennsylvania;'' after ``Minnesota;''.
       (b) Funding.--Section 314 (33 U.S.C. 1324) is amended by 
     adding at the end the following:
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 per 
     fiscal year for each of fiscal years 1996 through 2000.''.

     SEC. 318. COOLING WATER INTAKE STRUCTURES.

       Section 316(b) (33 U.S.C. 1326(b)) is amended--

[[Page 721]]

       (1) by inserting after ``(b)'' the following: ``Regulation 
     of Cooling Water Intake Structures.--'';
       (2) by inserting before ``Any'' the following: ``(1) In 
     general.--'';
       (3) by indenting paragraph (1), as designated by paragraph 
     (2) of this section, and moving such paragraph 2 ems to the 
     right; and
       (4) by adding at the end the following:
       ``(2) Intake structure considerations.--
       ``(A) In general.--The Administrator shall require the 
     application of the best technology available to new and 
     existing cooling water intake structures in instances where 
     the Administrator has determined that such a structure is 
     having or could have a significant adverse impact on the 
     aquatic environment.
       ``(B) New intake structure.--In identifying the best 
     technology available for any new cooling water intake 
     structure pursuant to subparagraph (A), the Administrator 
     shall consider, at a minimum, the following:
       ``(i) The relative technological, engineering, and economic 
     feasibility of available intake structure technologies for 
     minimizing adverse impacts to the aquatic environment.
       ``(ii) The relative technological, engineering, and 
     economic feasibility of available alternatives as to the 
     location, design, construction, and capacity of the intake 
     structure.
       ``(iii) The relative environmental, social, and economic 
     costs and benefits of available technologies and alternatives 
     identified pursuant to this subparagraph or subparagraph (D).
       ``(iv) The projected useful life of the point source at 
     which the new cooling water intake structure is located.
       ``(C) Existing intake structures.--In identifying the best 
     technology available for an existing cooling water intake 
     structure pursuant to subparagraph (A), the Administrator 
     shall consider, at a minimum, the following:
       ``(i) The relative technological, engineering, and economic 
     feasibility of reasonably available intake structure retrofit 
     technologies for minimizing adverse impacts to the aquatic 
     environment.
       ``(ii) The relative environmental, social, and economic 
     costs and benefits of available technologies and alternatives 
     identified pursuant to this subparagraph or subparagraph (D).
       ``(iii) The projected remaining useful life of the point 
     source at which the existing cooling water intake structure 
     is located.
       ``(D) Consideration of alternatives.--In identifying the 
     best technology available for any new or existing cooling 
     water intake structure, the Administrator shall consider 
     environmental enhancements or any other technique that the 
     owner or operator has identified as appropriate alternatives 
     for minimizing adverse impacts to the aquatic environment.
       ``(3) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) New cooling water intake structure.--The term `new 
     cooling water intake structure' means any intake structure 
     the construction of which commences after the publication of 
     final regulations implementing this subsection.
       ``(B) Existing cooling water intake structure.--The term 
     `existing cooling water intake structure' means any intake 
     structure that is not a new cooling water intake 
     structure.''.

     SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.

       (a) State Assessment Report.--
       (1) Contents.--Section 319(a)(1)(C) (33 U.S.C. 
     1329(a)(1)(C)) is amended by striking ``best management 
     practices and''.
       (2) Information used in preparation.--Section 319(a)(2) is 
     amended--
       (A) by inserting ``, reviewing, and revising'' after 
     ``developing''; and
       (B) by striking ``section'' the first place it appears and 
     inserting ``subsection''.
       (3) Review and revision.--Section 319(a) is amended by 
     adding at the end the following:
       ``(3) Review and revision.--Not later than 18 months after 
     the date of the enactment of the Clean Water Amendments of 
     1995, and every 5 years thereafter, the State shall review, 
     revise, and submit to the Administrator the report required 
     by this subsection.''.
       (b) State Management Program.--
       (1) Term of program.--Section 319(b)(1) is amended by 
     striking ``four'' and inserting ``5''.
       (2) Contents.--Section 319(b)(2) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``best'';
       (ii) by striking ``paragraph (1)(B)'' and inserting 
     ``subsection (a)(1)(B)''; and
       (iii) by inserting ``and measure'' after ``practice'';
       (B) in subparagraph (B)--
       (i) by striking ``nonregulatory or regulatory programs for 
     enforcement,'' and inserting ``one or more of the following: 
     voluntary programs, incentive-based programs, regulatory 
     programs, enforceable policies and mechanisms, State 
     management programs approved under section 306 of the Coastal 
     Zone Management Act of 1972,''; and
       (ii) by striking ``achieve implementation'' and all that 
     follows before the period and inserting ``manage categories, 
     subcategories, or particular nonpoint sources to the degree 
     necessary to provide for reasonable further progress toward 
     the goal of attaining water quality standards within 15 years 
     of approval of the State program for those waters identified 
     under subsection (a)(1)(A)'';
       (C) by striking subparagraph (C) and inserting the 
     following:
       ``(C) A schedule containing interim goals and milestones 
     for making reasonable progress toward the attainment of 
     standards, which may be demonstrated by one or any 
     combination of the following: improvements in water quality 
     (including biological indicators), documented implementation 
     of voluntary nonpoint source control practices and measures, 
     and adoption of enforceable policies and mechanisms.'';
       (D) in subparagraph (D) by striking ``A certification of'' 
     and inserting ``After the date of the enactment of the Clean 
     Water Amendments of 1995, a certification by''; and
       (E) by adding at the end the following:
       ``(G) A description of the monitoring or other assessment 
     which will be carried out under the program for the purposes 
     of monitoring and assessing the effectiveness of the program, 
     including the attainment of interim goals and milestones.
       ``(H) An identification of activities on Federal lands in 
     the State that are inconsistent with the State management 
     program.
       ``(I) An identification of goals and milestones for 
     progress in attaining water quality standards, including a 
     projected date for attaining such standards as expeditiously 
     as practicable but not later than 15 years after the date of 
     approval of the State program for each of the waters listed 
     pursuant to subsection (a).''.
       (3) Utilization of local and private experts.--Section 
     319(b)(3) is amended by inserting before the period at the 
     end the following: ``, including academic institutions, 
     private industry experts, and other individual experts in 
     water resource conservation and planning''.
       (4) New technologies; use of resources; agricultural 
     programs.--Section 319(b) is amended by adding at the end the 
     following:
       ``(5) Recognition of new technologies.--In developing and 
     implementing a management program under this subsection, a 
     State may recognize and utilize new practices, technologies, 
     processes, products, and other alternatives.
       ``(6) Efficient and effective use of resources.--In 
     developing and implementing a management program under this 
     subsection, a State may recognize and provide for a 
     methodology which takes into account situations in which 
     management measures used to control one pollutant have an 
     adverse impact with respect to another pollutant. The 
     methodology should encourage the balanced combination of 
     measures which best address the various impairments on the 
     watershed or site.
       ``(7) Recognition of agricultural programs.--Any 
     agricultural producer who has voluntarily developed and is 
     implementing an approved whole farm or ranch natural 
     resources management plan shall be considered to be in 
     compliance with the requirements of a State program developed 
     under this section--
       ``(A) if such plan has been developed under a program 
     subject to a memorandum of agreement between the Chief of the 
     Natural Resources Conservation Service and the Governor, or 
     their respective designees; and
       ``(B) if such memorandum of agreement specifies--
       ``(i) the scope and content of the Natural Resources 
     Conservation Service program (not an individual farm or ranch 
     plan) in the State or regions of the State;
       ``(ii) the terms of approval, implementation, and duration 
     of a voluntary farm or ranch plan for agricultural producers;
       ``(iii) the responsibilities for assessing implementation 
     of voluntary whole farm and ranch natural resource management 
     plans; and
       ``(iv) the duration of such memorandum of agreement.
     At a minimum, such memorandum of agreement shall be reviewed 
     and may be revised every 5 years, as part of the State review 
     of its management program under this section.''.
       (c) Submission of Management Programs.--Paragraph (2) of 
     section 319(c) is amended to read as follows:
       ``(2) Time period for submission of management programs.--
     Each management program shall be submitted to the 
     Administrator within 30 months of the issuance by the 
     Administrator of the final guidance under subsection (o) and 
     every 5 years thereafter. Each program submission after the 
     initial submission following the date of the enactment of the 
     Clean Water Amendments of 1995 shall include a demonstration 
     of reasonable further progress toward the goal of attaining 
     water quality standards within 15 years of approval of the 
     State program, including documentation of the degree to which 
     the State has achieved the interim goals and milestones 
     contained in the previous program submission. Such 
     demonstration shall take into account the adequacy of Federal 
     funding under this section.''.
       (d) Approval and Disapproval of Reports and Management 
     Programs.--
       (1) Deadline.--Section 319(d)(1) is amended by inserting 
     ``or revised report'' after ``any report''.
       (2) Disapproval.--Section 319(d)(2) is amended--
       (A) in subparagraph (B) by inserting before the semicolon 
     the following: ``; except that such program or portion shall 
     not be disapproved solely because the program or portion does 
     not include enforceable policies or mechanisms'';
       (B) in subparagraph (D) by striking ``are not adequate'' 
     and all that follows before the semicolon and inserting the 
     following: ``will

[[Page 722]]

     not result in reasonable further progress toward the 
     attainment of applicable water quality standards under 
     section 303 as expeditiously as possible but not later than 
     15 years after approval of the State program''; and
       (C) in the text following subparagraph (D)--
       (i) by striking ``3 months'' and inserting ``6 months''; 
     and
       (ii) by inserting ``or portion thereof'' before ``within 
     three months of receipt''.
       (3) Failure to submit report.--Section 319(d)(3) is 
     amended--
       (A) by striking ``the report'' and inserting ``a report or 
     revised report'';
       (B) by striking ``30 months'' and inserting ``18 months''; 
     and
       (C) by striking ``of the enactment of this section'' and 
     inserting ``on which such report is required to be submitted 
     under subsection (a)''.
       (4) Program management by the administrator.--Section 
     319(d) is amended by adding at the end the following:
       ``(4) Failure of state to submit program.--
       ``(A) Program management by the administrator.--If a State 
     fails to submit a management program or revised management 
     program under subsection (b) or the Administrator disapproves 
     such management program, the Administrator shall prepare and 
     implement a management program for controlling pollution 
     added from nonpoint sources to the navigable waters within 
     the State and improving the quality of such waters in 
     accordance with subsection (b).
       ``(B) Notice and hearing.--If the Administrator intends to 
     disapprove a program submitted by a State, the Administrator 
     shall first notify the Governor of the State in writing of 
     the modifications necessary to meet the requirements of this 
     section. The Administrator shall provide adequate public 
     notice and an opportunity for a public hearing for all 
     interested parties.
       ``(C) State revision of its program.--If, after taking into 
     account the level of funding actually provided as compared 
     with the level authorized under subsection (j), the 
     Administrator determines that a State has failed to 
     demonstrate reasonable further progress toward the attainment 
     of water quality standards as required, the State shall 
     revise its program within 12 months of that determination in 
     a manner sufficient to achieve attainment of applicable water 
     quality standards by the deadline established by this Act. If 
     a State fails to make such a program revision or the 
     Administrator disapproves such a revision, the Administrator 
     shall prepare and implement a nonpoint source management 
     program for the State.''.
       (e) Technical Assistance.--Section 319(f) is amended by 
     inserting ``and implementing'' after ``developing''.
       (f) Grant Program.--
       (1) In general.--Section 319(h)(1) is amended--
       (A) by amending the paragraph heading to read as follows: 
     ``Grants for preparation and implementation of reports and 
     management programs.--'';
       (B) by striking ``for which a report submitted under 
     subsection (a) and a management program submitted under 
     subsection (b) is approved under this section'';
       (C) by striking ``the Administrator shall make grants'' and 
     inserting ``the Administrator may make grants under this 
     subsection'';
       (D) by striking ``under this subsection to such State'' and 
     inserting ``to such State'';
       (E) by striking ``implementing such management program'' 
     and inserting ``preparing a report under subsection (a) and 
     in preparing and implementing a management program under 
     subsection (b)'';
       (F) by inserting after the first sentence the following: 
     ``Grants for implementation of such management program may be 
     made only after such report and management program are 
     approved under this section.''; and
       (G) by adding at the end the following: ``The Administrator 
     is authorized to provide funds to a State if necessary to 
     implement an approved portion of a State program or, with the 
     approval of the Governor of the State, to implement a 
     component of a federally established program. The 
     Administrator may continue to make grants to any State with 
     an program approved on the day before the date of the 
     enactment of the Clean Water Amendments of 1995 until the 
     Administrator withdraws the approval of such program or the 
     State fails to submit a revision of such program in 
     accordance with subsection (c)(2).''.
       (2) Federal share.--Section 319(h)(3) is amended--
       (A) by striking ``management program implemented'' and 
     inserting ``report prepared and management program prepared 
     and implemented'';
       (B) by striking ``60 percent'' and inserting ``75 
     percent'';
       (C) by striking ``implementing such management program'' 
     and inserting ``preparing such report and preparing and 
     implementing such management program''; and
       (D) by inserting ``of program implementation'' after ``non-
     Federal share''.
       (3) Limitation on grant amounts.--Section 319(h)(4) is 
     amended--
       (A) by inserting before the first sentence the following: 
     ``The Administrator shall establish, after consulting with 
     the States, maximum and minimum grants for any fiscal year to 
     promote equity between States and effective nonpoint source 
     management.''; and
       (B) by adding at the end the following: ``The minimum 
     percentage of funds allocated to each State shall be 0.5 
     percent of the amount appropriated.''.
       (4) Allocation of grant funds.--Paragraph (5) of section 
     319(h) is amended to read as follows:
       ``(5) Allocation of grant funds.--Grants under this section 
     shall be allocated to States with approved programs in a fair 
     and equitable manner and be based upon rules and regulations 
     promulgated by the Administrator which shall take into 
     account the extent and nature of the nonpoint sources of 
     pollution in each State and other relevant factors.''.
       (5) Use of funds.--Paragraph (7) of section 319(h) is 
     amended to read as follows:
       ``(7) Use of funds.--A State may use grants made available 
     to the State pursuant to this section for activities relating 
     to nonpoint source water pollution control, including--
       ``(A) providing financial assistance with respect to those 
     activities whose principal purpose is protecting and 
     improving water quality;
       ``(B) assistance related to the cost of preparing or 
     implementing the State management program;
       ``(C) providing incentive grants to individuals to 
     implement a site-specific water quality plan in amounts not 
     to exceed 75 percent of the cost of the project from all 
     Federal sources;
       ``(D) land acquisition or conservation easements consistent 
     with a site-specific water quality plan;
       ``(E) providing financial assistance with respect to those 
     water pollution control activities which have as their 
     principal purpose the protection of public water supplies; 
     and
       ``(F) restoring and maintaining the chemical, physical, and 
     biological integrity of urban and rural waters and watersheds 
     (including restoration and maintenance of water quality, a 
     balanced indigenous population of shellfish, fish, and 
     wildlife, aquatic and riparian vegetation, and recreational 
     activities in and on the water) and protecting designated 
     uses, including fishing, swimming, and drinking water 
     supply.''.
       (6) Compliance with state management program.--Paragraph 
     (8) of section 319(h) is amended to read as follows:
       ``(8) Compliance with state management program.--In any 
     fiscal year for which the Administrator determines that a 
     State has not made satisfactory progress in the preceding 
     fiscal year in meeting the schedule specified for such State 
     under subsection (b)(2)(C), the Administrator is authorized 
     to withhold grants pursuant to this section in whole or in 
     part to the State after adequate written notice is provided 
     to the Governor of the State.''.
       (7) Allotment study.--Section 319(h) is amended by adding 
     at the end the following:
       ``(13) Allotment study.--
       ``(A) Study.--The Administrator, in consultation with the 
     States, shall conduct a study of whether the allocation of 
     funds under paragraph (5) appropriately reflects the needs 
     and costs of nonpoint source control measures for different 
     nonpoint source categories and subcategories and of options 
     for better reflecting such needs and costs in the allotment 
     of funds.
       ``(B) Report.--Not later than 5 years after the date of the 
     enactment of the Clean Water Amendments of 1995, the 
     Administrator shall transmit to Congress a report on the 
     results of the study conducted under this subsection, 
     together with recommendations.''.
       (g) Grants for Protecting Ground Water Quality.--Section 
     319(i)(3) is amended by striking ``$150,000'' and inserting 
     ``$500,000''.
       (h) Authorization of Appropriations.--Section 319(j) is 
     amended--
       (1) by striking ``and'' before ``$130,000,000'';
       (2) by inserting after ``1991'' the following: ``, such 
     sums as may be necessary for fiscal years 1992 through 1995, 
     $100,000,000 for fiscal year 1996, $150,000,000 for fiscal 
     year 1997, $200,000,000 for fiscal year 1998, $250,000,000 
     for fiscal year 1999, and $300,000,000 for fiscal year 
     2000''; and
       (3) by striking ``$7,500,000'' and inserting 
     ``$25,000,000''.
       (i) Consistency of Other Programs and Projects With 
     Management Programs.--Section 319(k) (33 U.S.C. 1329(k)) is 
     amended--
       (1) by striking ``allow States to review'' and inserting 
     ``require coordination with States in'';
       (2) by inserting before the period at the end the 
     following: ``and the State watershed management program''; 
     and
       (3) by adding at the end the following: ``Federal agencies 
     that own or manage land, or issue licenses for activities 
     that cause nonpoint source pollution from such land, shall 
     coordinate their nonpoint source control measures with the 
     State nonpoint source management program and the State 
     watershed management program. A Federal agency and the 
     Governor of an affected State shall enter into a memorandum 
     of understanding to carry out the purposes of this paragraph. 
     Such a memorandum of understanding shall not relieve the 
     Federal agency of the agency's obligation to comply with its 
     own mandates.''.
       (j) Reports of the Administrator.--
       (1) Biennial reports.--Section 319(m)(1) is amended--
       (A) in the paragraph heading by striking ``Annual'' and 
     inserting ``Biennial''; and
       (B) by striking ``1988, and each January 1'' and inserting 
     ``1995, and biennially''.
       (2) Contents.--Section 319(m)(2) is amended--
       (A) by striking the paragraph heading and all that follows 
     before ``at a minimum'' and

[[Page 723]]

     inserting ``Contents.--Each report submitted under paragraph 
     (1),'';
       (B) in subparagraph (A) by striking ``best management 
     practices'' and inserting ``measures''; and
       (C) in subparagraph (B) by striking ``best management 
     practices'' and inserting ``the measures provided by States 
     under subsection (b)''.
       (k) Set Aside for Administrative Personnel.--Section 319(n) 
     is amended by striking ``less'' and inserting ``more''.
       (l) Guidance on Model Management Practices and Measures.--
     Section 319 is further amended by adding at the end the 
     following:
       ``(o) Guidance on Model Management Practices and 
     Measures.--
       ``(1) In general.--The Administrator shall publish guidance 
     to identify model management practices and measures which may 
     be undertaken, at the discretion of the State or appropriate 
     entity, under a management program established pursuant to 
     this section.
       ``(2) Consultation; public notice and comment.--The 
     Administrator shall develop the model management practices 
     and measures under paragraph (1) in consultation with the 
     National Oceanic and Atmospheric Administration, other 
     appropriate Federal and State departments and agencies, and 
     academic institutions, private industry experts, and other 
     individual experts in water conservation and planning, and 
     after providing notice and opportunity for public comment.
       ``(3) Publication.--The Administrator shall publish 
     proposed guidance under this subsection not later than 6 
     months after the date of the enactment of this subsection and 
     shall publish final guidance under this subsection not later 
     than 18 months after such date of enactment. The 
     Administrator shall periodically review and revise the final 
     guidance at least once every 3 years after its publication.
       ``(4) Model management practices and measures defined.--For 
     the purposes of this subsection, the term `model management 
     practices and measures' means economically achievable 
     measures for the control of the addition of pollutants from 
     nonpoint sources of pollution which reflect the greatest 
     degree of pollutant reduction achievable through the 
     application of the best available nonpoint pollution control 
     practices, technologies, processes, siting criteria, 
     operating methods, or other alternatives. The Administrator 
     may distinguish among classes, types, and sizes within any 
     category of nonpoint sources.''.
       (m) Inadequate Funding.--Section 319 is further amended by 
     adding at the end the following:
       ``(p) Inadequate Funding.--For each fiscal year beginning 
     after the date of the enactment of this subsection for which 
     the total of amounts appropriated to carry out this section 
     are less than the total of amounts authorized to be 
     appropriated pursuant to subsection (h), the deadline for 
     compliance with any requirement of this section, including 
     any deadline relating to assessment reports or State program 
     implementation or monitoring efforts, shall be postponed by 1 
     year, unless the Administrator and the State jointly certify 
     that the amounts appropriated are sufficient to meet the 
     requirements of this section.''.
       (n) Coastal Zone Management.--Section 6217 of the Coastal 
     Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1451 
     note) is amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``(A)'' after ``Program development.--''; 
     and
       (B) by adding at the end the following:
       ``(B) A State that has not received Federal approval for 
     the State's core coastal management program pursuant to 
     section 306 of the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1455) shall have 30 months from the date of approval 
     of such program to submit a Coastal Nonpoint Pollution 
     Program pursuant to this section. Any such State shall also 
     be eligible for any extension of time for submittal of the 
     State's nonpoint program that may be received by a State with 
     a federally approved coastal management program.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``to protect coastal waters generally'' and 
     inserting ``to restore and protect coastal waters where the 
     State has determined that coastal waters are threatened or 
     significantly degraded'';
       (3) in subsection (b)(3)--
       (A) by striking ``The implementation'' and inserting ``A 
     schedule for the implementation''; and
       (B) by inserting ``, and no less often than once every 5 
     years,'' after ``from time to time'';
       (4) in subsection (b) by adding at the end the following:
       ``(8) Identification of priority areas.--A prioritization 
     of the areas in the State in which management measures will 
     be implemented.'';
       (5) in subsection (c) by adding at the end the following:
       ``(5) Conditional approval.--The Secretary and 
     Administrator may grant conditional approval to a State's 
     program where the State requests additional time to complete 
     the development of its program. During the period during 
     which the State's program is subject to conditional approval, 
     the penalty provisions of paragraphs (3) and (4) shall not 
     apply.'';
       (6) in subsection (h)(1) by striking ``, 1993, and 1994'' 
     and inserting ``through 2000''; and
       (7) in subsection (h)(2)(B)(iv) by striking ``fiscal year 
     1995'' and inserting ``each of fiscal years 1995 through 
     2000''.
       (o) Agricultural Inputs.--Section 319 is further amended by 
     adding at the end the following:
       ``(q) Agricultural Inputs.--For the purposes of this Act, 
     any land application of agricultural inputs, including 
     livestock manure, shall not be considered a point source and 
     shall be subject to enforcement only under this section.''.
       (p) Purpose.--Section 319 (33 U.S.C. 1329) is further 
     amended by adding at the end the following:
       ``(r) Purpose.--The purpose of this section is to assist 
     States in addressing nonpoint sources of pollution where 
     necessary to achieve the goals and requirements of this Act. 
     It is recognized that State nonpoint source programs need to 
     be built upon a foundation that voluntary initiatives 
     represent the approach most likely to succeed in achieving 
     the objectives of this Act.''.
       (q) Control of Salt Water Intrusion.--Section 319 is 
     further amended by adding at the end the following:
       ``(s) Control of Salt Water Intrusion.--Nothing in this 
     section authorizes the Administrator to require a State to 
     identify or establish procedures and methods to control salt 
     water intrusion beyond what is provided for in section 
     208(b)(2)(I).''.

     SEC. 320. NATIONAL ESTUARY PROGRAM.

       (a) Technical Amendment.--Section 320(a)(2)(B) (33 U.S.C. 
     1330(a)(2)(B)) is amended to read as follows:
       ``(B) Priority consideration.--The Administrator shall give 
     priority consideration under this section to Long Island 
     Sound, New York and Connecticut; Narragansett Bay, Rhode 
     Island; Buzzards Bay, Massachusetts; Massachusetts Bay, 
     Massachusetts (including Cape Cod Bay and Boston Harbor); 
     Puget Sound, Washington; New York-New Jersey Harbor, New York 
     and New Jersey; Delaware Bay, Delaware and New Jersey; 
     Delaware Inland Bays, Delaware; Albemarle Sound, North 
     Carolina; Sarasota Bay, Florida; San Francisco Bay, 
     California; Santa Monica Bay, California; Galveston Bay, 
     Texas; Barataria-Terrebonne Bay estuary complex, Louisiana; 
     Indian River Lagoon, Florida; Charlotte Harbor, Florida; 
     Barnegat Bay, New Jersey; and Peconic Bay, New York.''.
       (b) Grants.--Section 320(g)(2) (33 U.S.C. 1330(g)(2)) is 
     amended by inserting ``and implementation monitoring'' after 
     ``development''.
       (c) Authorization of Appropriations.--Section 320(i) (33 
     U.S.C. 1330(i)) is amended by striking ``1987'' and all that 
     follows through ``1991'' and inserting the following: ``1987 
     through 1991, such sums as may be necessary for fiscal years 
     1992 through 1995, and $19,000,000 per fiscal year for each 
     of fiscal years 1996 through 2000''.

     SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.

       (a) Establishment.--Title III (33 U.S.C. 1311-1330) is 
     amended by adding at the end the following:

     ``SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.

       ``(a) State Watershed Management Program.--
       ``(1) Submission of program to administrator.--A State, at 
     any time, may submit a watershed management program to the 
     Administrator for approval.
       ``(2) Approval.--If the Administrator does not disapprove a 
     State watershed management program within 180 days of its 
     submittal or 240 days of a request for a public hearing 
     pursuant to paragraph (3) with respect to the program, 
     whichever is later, such program shall be deemed approved for 
     the purposes of this section. The Administrator shall approve 
     the program if the program includes, at a minimum, the 
     following elements:
       ``(A) The identification of the State agency with primary 
     responsibility for overseeing and approving watershed 
     management plans in general.
       ``(B) The description of any responsible entities 
     (including any appropriate State agency or substate agency) 
     to be utilized in implementing the program and a description 
     of their responsibilities.
       ``(C) A description of the scope of the program. In 
     establishing the scope of the program, the State may address 
     one or more watersheds, or pollutants, concurrently or 
     sequentially. The scope of the State program may expand over 
     time with respect to the watersheds, pollutants, and factors 
     to be addressed under the program. In developing the State 
     program, the State shall take into account all regional and 
     local government watershed management programs that are 
     consistent with the proposed State program and shall consult 
     with the regional and local governments that developed such 
     programs. The State shall consider recommendations from units 
     of general purpose government, special purpose districts, 
     local water suppliers, and appropriate water management 
     agencies in the development and scope of the program.
       ``(D) Provisions for carrying out an analysis, consistent 
     with the established scope of the program, of the problems 
     within each watershed covered under the program.
       ``(E) An identification of watershed management units for 
     which management plans will be developed, taking into 
     consideration those waters where water quality is threatened 
     or impaired or otherwise in need of special protection. A 
     watershed management unit identified under the program may 
     include waters and associated land areas in more than 1 State 
     if the Governors of the States affected jointly designate the 
     watershed management unit and may include wa

[[Page 724]]

     ters and associated lands managed or owned by the Federal 
     Government.
       ``(F) A description of the activities required of 
     responsible entities (as specified under subsection (e)(1)) 
     and a description of the watershed plan approval process of 
     the State.
       ``(G) Documentation of the public participation in 
     development of the program and description of the procedures 
     that will be used for public participation in the development 
     and implementation of watershed plans.
       ``(H) The identification of goals that will be pursued in 
     each watershed, including attainment of State water quality 
     standards (including site-specific water quality standards) 
     and the goals and objectives of this Act.
       ``(I) An exclusion from the program of federally approved 
     activities with respect to linear utility facilities, such as 
     natural gas pipelines if such facilities extend to multiple 
     watersheds and result in temporary or de minimis impacts.
       ``(J) A description of the process for consideration of and 
     achieving consistency with the purposes of sections 319 and 
     322.
       ``(3) Disapproval process.--If the Administrator intends to 
     disapprove a program of a State submitted under this 
     subsection, the Administrator shall by a written notification 
     advise the State of the intent to disapprove and the reasons 
     for disapproval. If, within 30 days of receipt of such 
     notice, a State so requests, the Administrator shall conduct 
     a public hearing in the State on the intent to disapprove and 
     the reasons for such disapproval. A State may resubmit a 
     revised program that addresses the reasons contained in the 
     notification. If a State requests a public hearing, the 
     Administrator shall conduct the hearing in that State and 
     issue a final determination within 240 days of receipt of the 
     State watershed management program submittal.
       ``(4) Modification of program.--Each State with a watershed 
     management program that has been approved by the 
     Administrator under this section may, at any time, modify the 
     watershed management program. Any such modification shall be 
     submitted to the Administrator and shall remain in effect 
     unless and until the Administrator determines that the 
     modified program no longer meets the requirements of this 
     section. In such event, the provisions of paragraph (3) shall 
     apply.
       ``(5) Status reports.--Each State with a watershed 
     management program that has been approved by the 
     Administrator pursuant to this subsection shall, not later 
     than 1 year after the date of approval, and annually 
     thereafter, submit to the Administrator an annual watershed 
     program summary status report that includes descriptions of 
     any modifications to the program. The status report shall 
     include a listing of requests made for watershed plan 
     development and a listing of plans prepared and submitted by 
     local or regional entities and the actions taken by the State 
     on such plans including the reasons for those actions. In 
     consultation and coordination with the Administrator, a State 
     may use the report to satisfy, in full or in part, any 
     reporting requirements under sections 106, 303(d), 305(b), 
     314, 319, 320, 322, and 604(b).
       ``(b) Watershed Area in 2 or More States.--If a watershed 
     management unit is designated to include land areas in more 
     than 1 State, the Governors of States having jurisdiction 
     over any lands within the watershed management unit shall 
     jointly determine the responsible entity or entities.
       ``(c) Eligible Watershed Management and Planning 
     Activities.--
       ``(1) In general.--In addition to activities eligible to 
     receive assistance under other sections of this Act as of the 
     date of the enactment of this subsection, the following 
     watershed management activities conducted by or on behalf of 
     the States pursuant to a watershed management program that is 
     approved by the Administrator under this section shall be 
     considered to be eligible to receive assistance under 
     sections 106, 205(j), 319(h), 320, and 604(b):
       ``(A) Characterizing the waters and land uses.
       ``(B) Identifying and evaluating problems within the 
     watershed.
       ``(C) Selecting short-term and long-term goals for 
     watershed management.
       ``(D) Developing and implementing water quality standards, 
     including site-specific water quality standards.
       ``(E) Developing and implementing measures and practices to 
     meet identified goals.
       ``(F) Identifying and coordinating projects and activities 
     necessary to restore or maintain water quality or other 
     related environmental objectives within the watershed.
       ``(G) Identifying the appropriate institutional 
     arrangements to carry out a watershed management plan that 
     has been approved or adopted by the State under this section.
       ``(H) Updating the plan.
       ``(I) Conducting training and public participation 
     activities.
       ``(J) Research to study benefits of existing watershed 
     program plans and particular aspects of the plans.
       ``(K) Implementing any other activity considered 
     appropriate by the Administrator or the Governor of a State 
     with an approved program.
       ``(2) Factors to be considered.--In selecting watershed 
     management activities to receive assistance pursuant to 
     paragraph (1), the following factors shall be considered:
       ``(A) Whether or not the applicant has demonstrated success 
     in addressing water quality problems with broadbased regional 
     support, including public and private sources.
       ``(B) Whether the activity will promote watershed problem 
     prioritization.
       ``(C) Whether or not the applicant can demonstrate an 
     ability to use Federal resources to leverage non-Federal 
     public and private monetary and in-kind support from 
     voluntary contributions, including matching and cost sharing 
     incentives.
       ``(D) Whether or not the applicant proposes to use existing 
     public and private programs to facilitate water quality 
     improvement with the assistance to be provided pursuant to 
     paragraph (1).
       ``(E) Whether or not such assistance will be used to 
     promote voluntary activities, including private wetlands 
     restoration, mitigation banking, and pollution prevention to 
     achieve water quality standards.
       ``(F) Whether or not such assistance will be used to market 
     mechanisms to enhance existing programs.
       ``(d) Public Participation.--Each State shall establish 
     procedures to encourage the public to participate in its 
     program and in developing and implementing comprehensive 
     watershed management plans under this section. A State 
     watershed management program shall include a process for 
     public involvement in watershed management, to the maximum 
     extent practicable, including the formation and participation 
     of public advisory groups during State watershed program 
     development. States must provide adequate public notice and 
     an opportunity to comment on the State watershed program 
     prior to submittal of the program to the Administrator for 
     approval.
       ``(e) Approved or State-Adopted Plans.--
       ``(1) Requirements.--A State with a watershed management 
     program that has been approved by the Administrator under 
     this section may approve or adopt a watershed management plan 
     if the plan satisfies the following conditions:
       ``(A) If the watershed includes waters that are not meeting 
     water quality standards at the time of submission, the plan--
       ``(i) identifies the objectives of the plan, including, at 
     a minimum, State water quality standards (including site-
     specific water quality standards) and goals and objectives 
     under this Act;
       ``(ii) identifies pollutants, sources, activities, and any 
     other factors causing the impairment of the waters;
       ``(iii) identifies cost effective actions that are 
     necessary to achieve the objectives of the plan, including 
     reduction of pollutants to achieve any allocated load 
     reductions consistent with the requirements of section 
     303(d), and the priority for implementing the actions;
       ``(iv) contains an implementation schedule with milestones 
     and the identification of persons responsible for 
     implementing the actions;
       ``(v) demonstrates that water quality standards and other 
     goals and objectives of this Act will be attained as 
     expeditiously as practicable but not later than any 
     applicable deadline under this Act;
       ``(vi) contains documentation of the public participation 
     in the development of the plan and a description of the 
     public participation process that will be used during the 
     plan implementation;
       ``(vii) specifies a process to monitor and evaluate 
     progress toward meeting of the goals of the plan; and
       ``(viii) specifies a process to revise the plan as 
     necessary.
       ``(B) For waters in the watershed attaining water quality 
     standards at the time of submission (including threatened 
     waters), the plan identifies the projects and activities 
     necessary to maintain water quality standards and attain or 
     maintain other goals after the date of approval or adoption 
     of the plan.
       ``(2) Terms of approved or adopted plan.--Each plan that is 
     approved or adopted by a State under this subsection shall be 
     effective for a period of not more than 10 years and include 
     a planning and implementation schedule with milestones within 
     that period. A revised and updated plan may be approved or 
     adopted by the State prior to the expiration of the period 
     specified in the plan pursuant to the same conditions and 
     requirements that apply to an initial plan for a watershed 
     approved under this subsection.
       ``(f) Guidance.--Not later than 1 year after the date of 
     the enactment of this section, the Administrator, after 
     consultation with the States and other interested parties, 
     shall issue guidance on provisions that States may consider 
     for inclusion in watershed management programs and State-
     approved or State-adopted watershed management plans under 
     this section.
       ``(g) Pollutant Transfer Opportunities.--
       ``(1) Pollutant transfer pilot projects.--Under an approved 
     watershed management program, any discharger or source may 
     apply to a State for approval to offset the impact of its 
     discharge or release of a pollutant by entering into 
     arrangements, including the payment of funds, for the 
     implementation of controls or measures by another discharger 
     or source through a pollution reduction credits trading 
     program established as part of the watershed management plan. 
     The State may approve such a request if appropriate 
     safeguards are included to ensure compliance with technology 
     based controls and to protect the quality of receiving 
     waters.
       ``(2) Incentive grants.--The Administrator shall allocate 
     sums made available by appropriations to carry out pollution 
     reduc

[[Page 725]]

     tion credits trading programs in selected watersheds 
     throughout the country.
       ``(3) Report.--Not later than 36 months after the date of 
     the enactment of this Act, the Administrator shall transmit 
     to Congress a report on the results of the program conducted 
     under this subsection.''.
       (b) Incentives for Watershed Management.--
       (1) Point source permits.--Section 402 (33 U.S.C. 1342) is 
     further amended by adding at the end the following:
       ``(r) Watershed Management.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, a permit may be issued under this section with a 
     limitation that does not meet applicable water quality 
     standards if--
       ``(A) the receiving water is in a watershed with a 
     watershed management plan that has been approved pursuant to 
     section 321;
       ``(B) the plan includes assurances that water quality 
     standards will be met within the watershed by a specified 
     date; and
       ``(C) the point source does not have a history of 
     significant noncompliance with its effluent limitations under 
     a permit issued under this section, as determined by the 
     Administrator or a State with authority to issue permits 
     under this section.
       ``(2) Synchronized permit terms.--Notwithstanding 
     subsection (b)(1)(B), the term of a permit issued under this 
     section may be extended for an additional period if the 
     discharge is located in a watershed management unit for which 
     a watershed management plan will be developed pursuant to 
     section 321. Permits extended under this paragraph shall be 
     synchronized with the approval of the watershed management 
     plan of a State adopted pursuant to section 321.''.
       (2) Multipurpose grants.--
       (A) In general.--The Administrator may provide assistance 
     to a State with a watershed management program that has been 
     approved by the Administrator under section 321 in the form 
     of a multipurpose grant that would provide for single 
     application, work plan and review, matching, oversight, and 
     end-of-year closeout requirements for grant funding under 
     sections 104(b)(3), 104(g), 106, 314(b), 319, 320, and 604(b) 
     of the Federal Water Pollution Control Act.
       (B) Terms.--The Administrator may attach terms that shall 
     apply for more than 1 year to grants made pursuant to this 
     paragraph. A State that receives a grant under this paragraph 
     may focus activities funded under the provisions referred to 
     in subparagraph (A) on a priority basis in a manner 
     consistent with watershed management plans approved by the 
     State under section 321(e) of the Federal Water Pollution 
     Control Act.
       (3) Planning.--Section 604(b) (33 U.S.C. 1384(b)) is 
     amended by adding at the end the following: ``In any fiscal 
     year in which a State is implementing a State watershed 
     management program approved under section 321, the State may 
     reserve up to an additional 2 percent of the sums allotted to 
     the State for such fiscal year for development of watershed 
     management plans under such program or $200,000, whichever is 
     greater, if 50 percent of the amount reserved under this 
     sentence will be made available to local entities.''.

     SEC. 322. STORMWATER MANAGEMENT PROGRAMS.

       (a) State Programs.--Title III (33 U.S.C. 1311 et seq.) is 
     further amended by adding at the end the following new 
     section:

     ``SEC. 322. STORMWATER MANAGEMENT PROGRAMS.

       ``(a) Purpose.--The purpose of this section is to assist 
     States in the development and implementation of stormwater 
     control programs in an expeditious and cost effective manner 
     so as to enable the goals and requirements of this Act to be 
     met in each State no later than 15 years after the date of 
     approval of the stormwater management program of the State. 
     It is recognized that State stormwater management programs 
     need to be built on a foundation that voluntary pollution 
     prevention initiatives represent an approach most likely to 
     succeed in achieving the objectives of this Act.
       ``(b) State Assessment Reports.--
       ``(1) Contents.--After notice and opportunity for public 
     comment, the Governor of each State, consistent with or as 
     part of the assessment required by section 319, shall prepare 
     and submit to the Administrator for approval, a report 
     which--
       ``(A) identifies those navigable waters within the State 
     which, without additional action to control pollution from 
     stormwater discharges, cannot reasonably be expected to 
     attain or maintain applicable water quality standards or the 
     goals and requirements of this Act;
       ``(B) identifies those categories and subcategories of 
     stormwater discharges that add significant pollution to each 
     portion of the navigable waters identified under subparagraph 
     (A) in amounts which contribute to such portion not meeting 
     such water quality standards or such goals and requirements;
       ``(C) describes the process, including intergovernmental 
     coordination and public participation, for identifying 
     measures to control pollution from each category and 
     subcategory of stormwater discharges identified in 
     subparagraph (B) and to reduce, to the maximum extent 
     practicable, the level of pollution resulting from such 
     discharges; and
       ``(D) identifies and describes State, local, and as may be 
     appropriate, industrial programs for controlling pollution 
     added from stormwater discharges to, and improving the 
     quality of, each such portion of the navigable waters.
       ``(2) Information used in preparation.--In developing, 
     reviewing, and revising the report required by this 
     subsection, the State--
       ``(A) may rely upon information developed pursuant to 
     sections 208, 303(e), 304(f), 305(b), 314, 319, 320, and 321 
     and subsection (h) of this section, information developed 
     from the group stormwater permit application process in 
     effect under section 402(p) of this Act on the day before the 
     date of the enactment of this Act, and such other information 
     as the State determines is appropriate; and
       ``(B) may utilize appropriate elements of the waste 
     treatment management plans developed pursuant to sections 
     208(b) and 303, to the extent such elements are consistent 
     with and fulfill the requirements of this section.
       ``(3) Review and revision.--Not later than 18 months after 
     the date of the enactment of the Clean Water Amendments of 
     1995, and every 5 years thereafter, the State shall review, 
     revise, and submit to the Administrator the report required 
     by this subsection.
       ``(c) State Management Programs.--
       ``(1) In general.--In substantial consultation with local 
     governments and after notice and opportunity for public 
     comment, the Governor of each State for the State or in 
     combination with the Governors of adjacent States shall 
     prepare, based on available information, and submit to the 
     Administrator for approval a stormwater management program--
       ``(A) that controls pollution added from stormwater 
     discharges to the navigable waters within the boundaries of 
     the State and improves the quality of such waters; and
       ``(B) that the State proposes to establish and administer 
     under State law or interstate compact to apply and assure 
     compliance with this section.
     The initial program submission must meet the requirements of 
     this subsection and specifically address the first 5 fiscal 
     years beginning after the date of submission of such 
     management program.
       ``(2) Specific contents.--Each management program proposed 
     for implementation under this subsection shall include the 
     following:
       ``(A) Identification of model management practices and 
     measures.--Identification of the model management practices 
     and measures which will be undertaken to reduce pollutant 
     loadings resulting from each category or subcategory of 
     stormwater discharges designated under subsection (b)(1)(B), 
     taking into account the impact of the practice and measure on 
     ground water quality.
       ``(B) Identification of programs and resources.--
     Identification of programs and resources necessary 
     (including, as appropriate, nonregulatory programs or 
     regulatory programs, enforceable policies and mechanisms, 
     technical assistance, financial assistance, education, 
     training, technology transfer, and demonstration projects) to 
     manage categories or subcategories of stormwater discharges 
     to the degree necessary to provide for reasonable further 
     progress toward the goal of attainment of water quality 
     standards which contain the stormwater criteria for 
     designated uses of receiving waters identified under 
     subsection (b)(1)(A) taking into consideration specific 
     watershed conditions, by not later than the last day of the 
     15-year period beginning on the date of approval of the State 
     program.
       ``(C) Program for industrial, commercial, oil, gas, and 
     mining discharges.--A program for categories or subcategories 
     of industrial, commercial, oil, gas, and mining stormwater 
     discharges identified under subsection (b)(1)(B) for the 
     implementation of management practices, measures, and 
     programs identified under subparagraphs (A) and (B). The 
     program shall include each of the following:
       ``(i) Voluntary activities.--Voluntary stormwater pollution 
     prevention activities for categories and subcategories of 
     such stormwater discharges that are not contaminated by 
     contact with material handling equipment or activities, heavy 
     industrial machinery, raw materials, intermediate products, 
     finished products, byproducts, or waste products at the site 
     of the industrial, commercial, oil, gas, or mining activity. 
     Such discharges may have incidental contact with buildings or 
     motor vehicles.
       ``(ii) Enforceable plans.--Enforceable stormwater pollution 
     prevention plans meeting the requirements of subsection (d) 
     for those categories and subcategories of such stormwater 
     discharges that are not described in clause (i).
       ``(iii) General permits.--General permits for categories 
     and subcategories of such stormwater discharges if the State 
     finds, based on available information and after providing 
     notice and an opportunity for comment, that reasonable 
     further progress toward achieving water quality standards in 
     receiving waters identified by the State by the date referred 
     to in subparagraph (B) cannot be made despite implementation 
     of voluntary activities under clause (i) or prevention plans 
     under clause (ii) due to the presence of a pollutant or 
     pollutants identified by the State. A facility in a category 
     or subcategory identified by the State shall not be subject 
     to a general permit under this clause if the facility 
     demonstrates that stormwater discharges from the facility are 
     not contributing to a violation of a water quality standard 
     established for designated uses of the receiving waters and 
     are not significantly contributing the pollutant or 
     pollutants identified by the State with respect to the 
     receiving waters under this clause.
       ``(iv) Site-specific permits.--Site-specific permits for 
     categories or subcategories of

[[Page 726]]

     such stormwater discharges or individual facilities in such 
     categories or subcategories if the State finds, based on 
     available information and after providing notice and an 
     opportunity for comment, that reasonable further progress 
     toward achieving water quality standards in receiving waters 
     identified by the State by the date referred to in 
     subparagraph (B) cannot be made despite implementation of 
     voluntary activities under clause (i) or prevention plans 
     under clause (ii) and general permits under clause (iii) due 
     to the presence of a pollutant or pollutants identified by 
     the State. A facility in a category or subcategory identified 
     by the State shall not be subject to a site-specific permit 
     under this clause if the facility demonstrates that 
     stormwater discharges from the facility are not contributing 
     to a violation of a water quality standard established for 
     designated uses of the receiving waters and are not 
     significantly contributing the pollutant or pollutants 
     identified by the State with respect to the receiving waters 
     under this clause.
       ``(v) Exemption of small businesses.--An exemption for 
     small businesses identified under subsection (b)(1)(B) from 
     clause (iii), relating to general permits, and clause (iv), 
     relating to site-specific permits, unless the State finds 
     that, without the imposition of such permits, such discharges 
     will have a significant adverse effect on water quality.
       ``(D) Program for municipal discharges.--A program for 
     municipal stormwater discharges identified under subsection 
     (b)(1)(B) to reduce pollutant loadings from categories and 
     subcategories of municipal stormwater discharges.
       ``(E) Program for construction activities.--A program for 
     categories and subcategories of stormwater discharges from 
     construction activities identified under subsection (b)(1)(B) 
     for implementation of management practices, measures, and 
     programs identified under subparagraphs (A) and (B). In 
     developing the program, the State shall consider current 
     State and local requirements, focus on pollution prevention 
     through the use of model management practices and measures, 
     and take into account the land area disturbed by the 
     construction activities. The State may require effluent 
     limits or other numerical standards to control pollutants in 
     stormwater discharges from construction activities only if 
     the State finds, after providing notice and an opportunity 
     for comment, that such standards are necessary to achieve 
     water quality standards by the date referred to in 
     subparagraph (B).
       ``(F) Bad actor provisions.--Provisions for taking any 
     actions deemed necessary by the State to meet the goals and 
     requirements of this section with respect to dischargers 
     which the State identifies, after notice and opportunity for 
     hearing--
       ``(i) as having a history of stormwater noncompliance under 
     this Act, State law, or the regulations issued thereunder or 
     the terms and conditions of permits, orders, or 
     administrative actions issued pursuant thereto; or
       ``(ii) as posing an imminent threat to human health and the 
     environment.
       ``(G) Schedule.--A schedule containing interim goals and 
     milestones for making reasonable progress toward the 
     attainment of standards as set forth in subparagraph (B) 
     established for the designated uses of receiving waters, 
     taking into account specific watershed conditions, which may 
     be demonstrated by one or any combination of improvements in 
     water quality (including biological indicators), documented 
     implementation of voluntary stormwater discharge control 
     measures, or adoption of enforceable stormwater discharge 
     control measures.
       ``(H) Certification of adequate authority.--
       ``(i) In general.--A certification by the Attorney General 
     of the State or States (or the chief attorney of any State 
     water pollution control agency that has authority under State 
     law to make such certification) that the laws of the State or 
     States, as the case may be, provide adequate authority to 
     implement such management program or, if there is not such 
     adequate authority, a list of such additional authorities as 
     will be necessary to implement such management program.
       ``(ii) Commitment.--A schedule for seeking, and a 
     commitment by the State or States to seek, such additional 
     authorities as expeditiously as practicable.
       ``(I) Identification of federal financial assistance 
     programs.--An identification of Federal financial assistance 
     programs and Federal development projects for which the State 
     will review individual assistance applications or development 
     projects for their effect on water quality pursuant to the 
     procedures set forth in Executive Order 12372 as in effect on 
     September 17, 1983, to determine whether such assistance 
     applications or development projects would be consistent with 
     the program prepared under this subsection; for the purposes 
     of this subparagraph, identification shall not be limited to 
     the assistance programs or development projects subject to 
     Executive Order 12372 but may include any programs listed in 
     the most recent Catalog of Federal Domestic Assistance which 
     may have an effect on the purposes and objectives of the 
     State's stormwater management program.
       ``(J) Monitoring.--A description of the monitoring of 
     navigable waters or other assessment which will be carried 
     out under the program for the purposes of monitoring and 
     assessing the effectiveness of the program, including the 
     attainment of interim goals and milestones.
       ``(K) Identification of certain inconsistent federal 
     activities.--An identification of activities on Federal lands 
     in the State that are inconsistent with the State management 
     program.
       ``(L) Identification of goals and milestones.--An 
     identification of goals and milestones for progress in 
     attaining water quality standards, including a projected date 
     for attaining such standards as expeditiously as practicable 
     but not later than 15 years after the date of approval of the 
     State program for each of the waters listed pursuant to 
     subsection (b).
       ``(3) Utilization of local and private experts.--In 
     developing and implementing a management program under this 
     subsection, a State shall, to the maximum extent practicable, 
     involve local public and private agencies and organizations 
     which have expertise in stormwater management.
       ``(4) Development on watershed basis.--A State shall, to 
     the maximum extent practicable, develop and implement a 
     stormwater management program under this subsection on a 
     watershed-by-watershed basis within such State.
       ``(5) Regulations defining small businesses.--Working in 
     conjunction with the Administrator of the Small Business 
     Administration and the Small Business Ombudsman of the 
     Environmental Protection Agency, the Administrator shall 
     propose, not later than 6 months after the date of the 
     enactment of this section, and issue, not later than 1 year 
     after the date of such enactment, regulations to define small 
     businesses for purposes of this section.
       ``(d) Stormwater Pollution Prevention Plans.--
       ``(1) Implementation deadline.--Each stormwater pollution 
     prevention plan required under subsection (c)(2)(C)(ii) shall 
     be implemented not later than 180 days after the date of its 
     development and shall be annually updated.
       ``(2) Plan contents.--Each stormwater pollution prevention 
     plan required under subsection (c)(2)(C)(ii) shall include 
     the following components:
       ``(A) Establishment and appointment of a stormwater 
     pollution prevention team.
       ``(B) Description of potential pollutant sources.
       ``(C) An annual site inspection evaluation.
       ``(D) An annual visual stormwater discharge inspection.
       ``(E) Measures and controls for reducing stormwater 
     pollution, including, at a minimum, model management 
     practices and measures that are flexible, technologically 
     feasible, and economically practicable. For purposes of this 
     paragraph, the term `model management practices and measures' 
     means preventive maintenance, good housekeeping, spill 
     prevention and response, employee training, and sediment and 
     erosion control.
       ``(F) Prevention of illegal discharges of nonstormwater 
     through stormwater outfalls.
       ``(3) Certification.--Each facility subject to subsection 
     (c)(2)(C)(ii) shall certify to the State that it has 
     implemented a stormwater pollution prevention plan or a State 
     or local equivalent and that the plan is intended to reduce 
     possible pollutants in the facility's stormwater discharges. 
     The certification must be signed by a responsible officer of 
     the facility and must be affixed to the plan subject to 
     review by the appropriate State program authority. If a 
     facility makes such a certification, such facility shall not 
     be subject to permit or permit application requirements, 
     mandatory model management practices and measures, analytical 
     monitoring, effluent limitations or other numerical standards 
     or guidelines under subsection (c)(2)(C)(ii).
       ``(4) Plan adequacy.--The State stormwater management 
     program shall set forth the basis upon which the adequacy of 
     a plan prepared by a facility subject to subsection 
     (c)(2)(C)(ii) will be determined. In making such 
     determination, the State shall consider benefits to the 
     environment, physical requirements, technological feasibility 
     and economic costs, human health or safety, and nature of the 
     activity at the facility or site. If, upon review of a 
     stormwater pollution prevention plan, the State determines 
     that the plan is inadequate, the State may require the 
     facility to modify the plan.
       ``(e) Administrative Provisions.--
       ``(1) Cooperation requirement.--Any report required by 
     subsection (b) and any management program and report required 
     by subsection (c) shall be developed in cooperation with 
     local, substate, regional, and interstate entities which are 
     responsible for implementing stormwater management programs.
       ``(2) Time period for submission of management programs.--
     Each management program shall be submitted to the 
     Administrator within 30 months of the issuance by the 
     Administrator of the final guidance under subsection (l) and 
     every 5 years thereafter. Each program submission after the 
     initial submission following the date of the enactment of the 
     Clean Water Amendments of 1995 shall include a demonstration 
     of reasonable further progress toward the goal of attaining 
     water quality standards as set forth in subsection (c)(2) 
     established for designated uses of receiving waters taking 
     into account specific watershed conditions by not later than 
     the date referred to in subsection (b)(2)(B), including a 
     documentation of the degree to which the State has achieved 
     the interim goals and milestones contained in the previous 
     program submission. Such demonstration shall take into 
     account the adequacy of Federal funding under this section.
       ``(3) Transition.--

[[Page 727]]

       ``(A) In general.--Permits, including group and general 
     permits, issued pursuant to section 402(p), as in effect on 
     the day before the date of the enactment of this section, 
     shall remain in effect until the effective date of a State 
     stormwater management program under this section. Stormwater 
     dischargers shall continue to implement any stormwater 
     management practices and measures required under such permits 
     until such practices and measures are modified pursuant to 
     this subparagraph or pursuant to a State stormwater 
     management program. Prior to the effective date of a State 
     stormwater management program, stormwater dischargers may 
     submit for approval proposed revised stormwater management 
     practices and measures to the State, in the case of a State 
     with an approved program under section 402, or the 
     Administrator. Upon notice of approval by the State or the 
     Administrator, the stormwater discharger shall implement the 
     revised stormwater management practices and measures which, 
     for discharges subject to subsection (c)(2)(C)(i), (c)(2)(D), 
     or (c)(2)(E), may be voluntary pollution prevention 
     activities. A stormwater discharger operating under a permit 
     continued in effect under this subparagraph shall not be 
     subject to citizens suits under section 505.
       ``(B) New facilities.--A new nonmunicipal source of 
     stormwater discharge subject to a group or general permit 
     continued in effect under subparagraph (A) shall notify the 
     State or the Administrator, as appropriate, of the source's 
     intent to be covered by and shall continue to comply with 
     such permit. Until the effective date of a State stormwater 
     management program under this section, the State may impose 
     enforceable stormwater management measures and practices on a 
     new nonmunicipal source of stormwater discharge not subject 
     to such a permit if the State finds that the stormwater 
     discharge is likely to pose an imminent threat to human 
     health and the environment or to pose significant impairment 
     of water quality standards.
       ``(C) Special rule.--Industrial facilities included in a 
     Part 1 group stormwater permit application approved by the 
     Administrator pursuant to section 122.26(c)(2) of title 40, 
     Code of Federal Regulations, as in effect on the date of the 
     enactment of this section, may, in lieu of continued 
     operation under existing permits, certify to the State or the 
     Administrator, as appropriate, that such facilities are 
     implementing a stormwater pollution prevention plan 
     consistent with subsection (d). Upon such certification, the 
     facility will no longer be subject to such permit.
       ``(D) Pre-1987 permits and effluent guidelines.--
     Notwithstanding the repeal of section 402(p) by the Clean 
     Water Amendments Act of 1995 or any other amendment made to 
     section 402 on or before the date of the enactment of such 
     Act, a stormwater discharge with respect to which a permit 
     has been issued under section 402 before February 4, 1987, or 
     with respect to which an effluent guideline has been issued 
     before February 4, 1987 shall not be subject to the 
     provisions of this section.
       ``(E) Antibacksliding.--Section 402(o) shall not apply to 
     any activity carried out in accordance with this paragraph.
       ``(f) Approval or Disapproval of Reports or Management 
     Programs.--
       ``(1) Deadline.--Subject to paragraph (2), not later than 
     180 days after the date of submission to the Administrator of 
     any report or revised report or management program under this 
     section, the Administrator shall either approve or disapprove 
     such report or management program, as the case may be. The 
     Administrator may approve a portion of a management program 
     under this subsection. If the Administrator does not 
     disapprove a report, management program, or portion of a 
     management program in such 180-day period, such report, 
     management program, or portion shall be deemed approved for 
     purposes of this section.
       ``(2) Procedure for disapproval.--If, after notice and 
     opportunity for public comment and consultation with 
     appropriate Federal and State agencies and other interested 
     persons, the Administrator determines that--
       ``(A) the proposed management program or any portion 
     thereof does not meet the requirements of subsection (c) of 
     this section or is not likely to satisfy, in whole or in 
     part, the goals and requirements of this Act;
       ``(B) adequate authority does not exist, or adequate 
     resources are not available, to implement such program or 
     portion; or
       ``(C) the practices and measures proposed in such program 
     or portion will not result in reasonable progress toward the 
     goal of attainment of applicable water quality standards as 
     set forth in subsection (c)(2) established for designated 
     uses of receiving waters taking into consideration specific 
     watershed conditions as expeditiously as possible but not 
     later than 15 years after approval of a State stormwater 
     management program under this section;
     the Administrator shall within 6 months of the receipt of the 
     proposed program notify the State of any revisions or 
     modifications necessary to obtain approval. The State shall 
     have an additional 6 months to submit its revised management 
     program, and the Administrator shall approve or disapprove 
     such revised program within 3 months of receipt.
       ``(3) Failure of state to submit report.--If a Governor of 
     a State does not submit a report or revised report required 
     by subsection (b) within the period specified by subsection 
     (e)(2), the Administrator shall, within 18 months after the 
     date on which such report is required to be submitted under 
     subsection (b), prepare a report for such State which makes 
     the identifications required by paragraphs (1)(A) and (1)(B) 
     of subsection (b). Upon completion of the requirement of the 
     preceding sentence and after notice and opportunity for a 
     comment, the Administrator shall report to Congress of the 
     actions of the Administrator under this section.
       ``(4) Failure of state to submit management program.--
       ``(A) Program management by administrator.--Subject to 
     paragraph (5), if a State fails to submit a management 
     program or revised management program under subsection (c) or 
     the Administrator does not approve such management program, 
     the Administrator shall prepare and implement a management 
     program for controlling pollution added from stormwater 
     discharges to the navigable waters within the State and 
     improving the quality of such waters in accordance with 
     subsection (c).
       ``(B) Notice and hearing.--If the Administrator intends to 
     disapprove a program submitted by a State the Administrator 
     shall first notify the Governor of the State, in writing, of 
     the modifications necessary to meet the requirements of this 
     section. The Administrator shall provide adequate public 
     notice and an opportunity for a public hearing for all 
     interested parties.
       ``(C) State revision of its program.--If, after taking into 
     account the level of funding actually provided as compared 
     with the level authorized, the Administrator determines that 
     a State has failed to demonstrate reasonable further progress 
     toward the attainment of water quality standards as required, 
     the State shall revise its program within 12 months of that 
     determination in a manner sufficient to achieve attainment of 
     applicable water quality standards by the deadline 
     established by this section. If a State fails to make such a 
     program revision or the Administrator does not approve such a 
     revision, the Administrator shall prepare and implement a 
     stormwater management program for the State.
       ``(5) Local Management Programs; Technical Assistance.--If 
     a State fails to submit a management program under subsection 
     (c) or the Administrator does not approve such a management 
     program, a local public agency or organization which has 
     expertise in, and authority to, control water pollution 
     resulting from nonpoint sources in any area of such State 
     which the Administrator determines is of sufficient 
     geographic size may, with approval of such State, request the 
     Administrator to provide, and the Administrator shall 
     provide, technical assistance to such agency or organization 
     in developing for such area a management program which is 
     described in subsection (c) and can be approved pursuant to 
     this subsection. After development of such management 
     program, such agency or organization shall submit such 
     management program to the Administrator for approval.
       ``(g) Interstate Management Conference.--
       ``(1) Convening of conference; notification; purpose.--
       ``(A) Convening of conference.--If any portion of the 
     navigable waters in any State which is implementing a 
     management program approved under this section is not meeting 
     applicable water quality standards or the goals and 
     requirements of this Act as a result, in whole or in part, of 
     pollution from stormwater in another State, such State may 
     petition the Administrator to convene, and the Administrator 
     shall convene, a management conference of all States which 
     contribute significant pollution resulting from stormwater to 
     such portion.
       ``(B) Notification.--If, on the basis of information 
     available, the Administrator determines that a State is not 
     meeting applicable water quality standards or the goals and 
     requirements of this Act as a result, in whole or in part, of 
     significant pollution from stormwater in another State, the 
     Administrator shall notify such States.
       ``(C) Time limit.--The Administrator may convene a 
     management conference under this paragraph not later than 180 
     days after giving such notification under subparagraph (B), 
     whether or not the State which is not meeting such standards 
     requests such conference.
       ``(D) Purpose.--The purpose of the conference shall be to 
     develop an agreement among the States to reduce the level of 
     pollution resulting from stormwater in the portion of the 
     navigable waters and to improve the water quality of such 
     portion.
       ``(E) Protection of water rights.--Nothing in the agreement 
     shall supersede or abrogate rights to quantities of water 
     which have been established by interstate water compacts, 
     Supreme Court decrees, or State water laws.
       ``(F) Limitations.--This subsection shall not apply to any 
     pollution which is subject to the Colorado River Basin 
     Salinity Control Act. The requirement that the Administrator 
     convene a management conference shall not be subject to the 
     provisions of section 505 of this Act.
       ``(2) State management program requirement.--To the extent 
     that the States reach agreement through such conference, the 
     management programs of the States which are parties to such 
     agreements and which contribute significant pollution to the 
     navigable waters or portions thereof not meeting applicable 
     water quality standards or goals and requirements of this Act 
     will be revised to reflect such agreement. Such manage

[[Page 728]]

     ment programs shall be consistent with Federal and State law.
       ``(h) Grants for Stormwater Research.--
       ``(1) In general.--To determine the most cost-effective and 
     technologically feasible means of improving the quality of 
     the navigable waters and to develop the criteria required 
     pursuant to subsection (i), the Administrator shall establish 
     an initiative through which the Administrator shall fund 
     State and local demonstration programs and research to--
       ``(A) identify adverse impacts of stormwater discharges on 
     receiving waters;
       ``(B) identify the pollutants in stormwater which cause 
     impact; and
       ``(C) test innovative approaches to address the impacts of 
     source controls and model management practices and measures 
     for runoff from municipal storm sewers.
     Persons conducting demonstration programs and research funded 
     under this subsection shall also take into account the 
     physical nature of episodic stormwater flows, the varying 
     pollutants in stormwater, the actual risk the flows pose to 
     the designated beneficial uses, and the ability of natural 
     ecosystems to accept temporary stormwater events.
       ``(2) Award of funds.--The Administrator shall award the 
     demonstration and research program funds taking into account 
     regional and population variations.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $20,000,000 per fiscal year for fiscal years 1996 through 
     2000. Such sums shall remain available until expended.
       ``(4) Inadequate funding.--For each fiscal year beginning 
     after the date of the enactment of this subsection for which 
     the total amounts appropriated to carry out this subsection 
     are less than the total amounts authorized to be appropriated 
     pursuant to this subsection, any deadlines established under 
     subsection (c)(2)(L) for compliance with water quality 
     standards shall be postponed by 1 year.
       ``(i) Collection of Information.--The Administrator shall 
     collect and make available, through publications and other 
     appropriate means, information pertaining to model management 
     practices and measures and implementation methods, including, 
     but not limited to--
       ``(1) information concerning the costs and relative 
     efficiencies of model management practices and measures for 
     reducing pollution from stormwater discharges; and
       ``(2) available data concerning the relationship between 
     water quality and implementation of various management 
     practices to control pollution from stormwater discharges.
       ``(j) Reports of Administrator.--
       ``(1) Biennial reports.--Not later than January 1, 1998, 
     and biennially thereafter, the Administrator shall transmit 
     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 for the preceding fiscal 
     year on the activities and programs implemented under this 
     section and the progress made in reducing pollution in the 
     navigable waters resulting from stormwater discharges and 
     improving the quality of such waters.
       ``(2) Contents.--Each report submitted under paragraph (1), 
     at a minimum shall--
       ``(A) describe the management programs being implemented by 
     the States by types of affected navigable waters, categories 
     and subcategories of stormwater discharges, and types of 
     measures being implemented;
       ``(B) describe the experiences of the States in adhering to 
     schedules and implementing the measures under subsection (c);
       ``(C) describe the amount and purpose of grants awarded 
     pursuant to subsection (h);
       ``(D) identify, to the extent that information is 
     available, the progress made in reducing pollutant loads and 
     improving water quality in the navigable waters;
       ``(E) indicate what further actions need to be taken to 
     attain and maintain in those navigable waters (i) applicable 
     water quality standards, and (ii) the goals and requirements 
     of this Act;
       ``(F) include recommendations of the Administrator 
     concerning future programs (including enforcement programs) 
     for controlling pollution from stormwater; and
       ``(G) identify the activities and programs of departments, 
     agencies, and instrumentalities of the United States that are 
     inconsistent with the stormwater management programs 
     implemented by the States under this section and recommended 
     modifications so that such activities and programs are 
     consistent with and assist the States in implementation of 
     such management programs.
       ``(k) Guidance on Model Management Practices and 
     Measures.--
       ``(1) In general.--The Administrator, in consultation with 
     appropriate Federal, State, and local departments and 
     agencies, and after providing notice and opportunity for 
     public comment, shall publish guidance to identify model 
     management practices and measures which may be undertaken, at 
     the discretion of the State or appropriate entity, under a 
     management program established pursuant to this section. In 
     preparing such guidance, the Administrator shall consider 
     integration of a stormwater management program of a State 
     with, and the relationship of such program to, the nonpoint 
     source management program of the State under section 319.
       ``(2) Publication.--The Administrator shall publish 
     proposed guidance under this subsection not later than 6 
     months after the date of the enactment of this subsection and 
     shall publish final guidance under this subsection not later 
     than 18 months after such date of enactment. The 
     Administrator shall periodically review and revise the final 
     guidance upon adequate notice and opportunity for public 
     comment at least once every 3 years after its publication.
       ``(3) Model management practices and measures defined.--For 
     the purposes of this subsection and section 304(a)(13), the 
     term ``model management practices and measures'' means 
     economically achievable measures for the control of 
     pollutants from stormwater discharges which reflect the most 
     cost-effective degree of pollutant reduction achievable 
     through the application of the best available practices, 
     technologies, processes, siting criteria, operating methods, 
     or other alternatives.
       ``(l) Enforcement With Respect to Stormwater Dischargers 
     Violating State Management Programs.--Stormwater dischargers 
     that do not comply with State management program requirements 
     under subsection (c) are subject to applicable enforcement 
     actions under sections 309 and 505 of this Act.
       ``(m) Entry and Inspection.--In order to carry out the 
     objectives of this section, an authorized representative of a 
     State, upon presentation of his or her credentials, shall 
     have a right of entry to, upon, or through any property at 
     which a stormwater discharge or records required to be 
     maintained under the State stormwater management program are 
     located.
       ``(n) Limitation on Discharges Regulated Under Watershed 
     Management Program.--Stormwater discharges regulated under 
     section 321 in a manner consistent with this section shall 
     not be subject to this section.
       ``(o) Mineral Exploration and Mining Sites.--
       ``(1) Exploration sites.--For purposes of subsection 
     (c)(2)(F), stormwater discharges from construction activities 
     shall include stormwater discharges from mineral exploration 
     activities; except that, for exploration at abandoned mined 
     lands, the stormwater program under subsection (c)(2)(F) 
     shall be limited to the control of pollutants added to 
     stormwater by contact with areas disturbed by the exploration 
     activity.
       ``(2) Mining sites.--Stormwater discharges at ore mining 
     and dressing sites shall be subject to this section. If any 
     such discharge is commingled with mine drainage or process 
     wastewater from mining operations, such discharge shall be 
     treated as a discharge from a point source for purposes of 
     this Act. Land that was previously used for mining activities 
     for which reclamation requirements of the Surface Mining 
     Control and Reclamation Act of 1977 have been met and a 
     performance bond or deposit required under section 509 of 
     such Act has been released under section 519 of such Act 
     shall no longer be considered an ore mining and dressing 
     site.
       ``(3) Abandoned mined lands.--Stormwater discharges from 
     abandoned mined lands shall be subject to section 319; except 
     that if the State, after notice and an opportunity for 
     comment, finds that regulation of such stormwater discharges 
     under this section is necessary to make reasonable further 
     progress toward achieving water quality standards by the date 
     referred to in subsection (c)(2)(B), such discharges shall be 
     subject to this section.
       ``(4) Surface mining control and reclamation act sites.--
     Notwithstanding paragraph (3), stormwater discharges from 
     abandoned mined lands site which are subject to the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-
     1328) shall be subject to section 319.
       ``(5) Active coal mining sites.--Discharges comprised 
     entirely of stormwater from an active coal mining site 
     operating under a permit issued under the Surface Mining 
     Control and Reclamation Act of 1977 shall be subject to 
     section 319.
       ``(6) Definitions.--For purposes of this subsection, the 
     following definitions apply:
       ``(A) Abandoned mined lands.--The term `abandoned mined 
     lands' means lands which were used for mineral activities and 
     abandoned or left in an inadequate reclamation status and for 
     which there is no continuing reclamation responsibility under 
     State or Federal laws.
       ``(B) Process waste water.--The term `process waste water' 
     means any water other than stormwater which comes into 
     contact with any raw material, intermediate product, finished 
     product, byproduct, or waste product as part of any mineral 
     beneficiation processes employed at the site.
       ``(C) Mine drainage.--The term `mine drainage' means any 
     water drained, pumped, or siphoned from underground mine 
     workings or mine pits, but such term shall not include 
     stormwater runoff from tailings dams, dikes, overburden, 
     waste rock piles, haul roads, access roads, and ancillary 
     facility areas.''.
       (b) Repeal of Limitation on Permit Requirement.--Section 
     402(l) (33 U.S.C. 1342(l)) is repealed.
       (c) Repeal of Municipal and Industrial Stormwater 
     Discharges Program.--Section 402(p) (33 U.S.C. 1342(p)) is 
     repealed.
       (d) Development of Stormwater Criteria.--Section 304(a) is 
     further amended by adding at the end the following:
       ``(13) Development of stormwater criteria.--
       ``(A) In general.--To reflect the episodic character of 
     stormwater which results in significant variances in the 
     volume, hydraulics, hydrology, and pollutant load associated 
     with stormwater discharges, the Administrator shall 
     establish, as an element of the water quality standards 
     established for the

[[Page 729]]

     designated uses of the navigable waters, stormwater criteria 
     which protect the navigable waters from impairment of the 
     designated beneficial uses caused by stormwater discharges. 
     The criteria shall be technologically and financially 
     feasible and may include performance standards, guidelines, 
     guidance, and model management practices and measures and 
     treatment requirements, as appropriate, and as identified in 
     section 322.
       ``(B) Information to be used in development.--The 
     stormwater discharge criteria to be established under this 
     paragraph--
       ``(i) shall be developed from--

       ``(I) the findings and conclusions of the demonstration 
     programs and research conducted under section 322(h);
       ``(II) the findings and conclusions of the research and 
     monitoring activities of stormwater dischargers performed in 
     compliance with permit requirements of this Act; and
       ``(III) other relevant information, including information 
     submitted to the Administrator under the industrial group 
     permit application process in effect under section 402 of 
     this Act on the day before the date of the enactment of this 
     paragraph;

       ``(ii) shall be developed in consultation with persons with 
     expertise in the management of stormwater (including 
     officials of State and local government, industrial and 
     commercial stormwater dischargers, and public interest 
     groups); and
       ``(iii) shall be established as an element of the water 
     quality standards that are developed and implemented under 
     this Act by not later than December 31, 2008.''.
       (e) Definitions.--Section 502 (33 U.S.C. 1362) is amended--
       (1) by adding at the end of paragraph (14) the following: 
     ``The term does not include a stormwater discharge that is 
     subject to section 322.''; and
       (2) by adding at the end the following:
       ``(25) The term `stormwater' means runoff from rain, snow 
     melt, or any other precipitation-generated surface runoff.
       ``(26) The term `stormwater discharge' means a discharge 
     from any conveyance which is used for the collecting and 
     conveying of stormwater to navigable waters and which is 
     associated with a municipal storm sewer system or industrial, 
     commercial, oil, gas, or mining activities or construction 
     activities.''.

     SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIREMENTS.

       Title III (33 U.S.C. 1311-1330) is further amended by 
     adding at the end the following:

     ``SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIREMENTS.

       ``(a) General Rule.--The Administrator or the Secretary of 
     the Army (hereinafter in this section referred to as the 
     `Secretary'), as appropriate, shall develop and publish a 
     risk assessment before issuing--
       ``(1) any standard, effluent limitation, water quality 
     criterion, water quality based requirement, or other 
     regulatory requirement under this Act (other than a permit or 
     a purely procedural requirement); or
       ``(2) any guidance under this Act which, if issued as a 
     regulatory requirement, would result in an annual increase in 
     cost of $25,000,000 or more.
       ``(b) Contents of Risk Assessments.--A risk assessment 
     developed under subsection (a), at a minimum, shall--
       ``(1) identify and use all relevant and readily obtainable 
     data and information of sufficient quality, including data 
     and information submitted to the Agency in a timely fashion;
       ``(2) identify and discuss significant assumptions, 
     inferences, or models used in the risk assessment;
       ``(3) measure the sensitivity of the results to the 
     significant assumptions, inferences, or models that the risk 
     assessment relies upon;
       ``(4) with respect to significant assumptions, inferences, 
     or models that the results are sensitive to, identify and 
     discuss--
       ``(A) credible alternatives and the basis for the rejection 
     of such alternatives;
       ``(B) the scientific or policy basis for the selection of 
     such assumptions, inferences, or models; and
       ``(C) the extent to which any such assumptions, inferences, 
     or models have been validated or conflict with empirical 
     data;
       ``(5) to the maximum extent practical, provide a 
     description of the risk, including, at minimum, best 
     estimates or other unbiased representation of the most 
     plausible level of risk and a description of the specific 
     populations or natural resources subject to the assessment;
       ``(6) to the maximum extent practical, provide a 
     quantitative estimate of the uncertainty inherent in the risk 
     assessment; and
       ``(7) compare the nature and extent of the risk identified 
     in the risk assessment to other risks to human health and the 
     environment.
       ``(c) Risk Assessment Guidance.--Not later than 180 days 
     after the date of the enactment of this section, and after 
     providing notice and opportunity for public comment, the 
     Administrator, in consultation with the Secretary, shall 
     issue, and thereafter revise, as appropriate, guidance for 
     conducting risk assessments under subsection (a).
       ``(d) Margin of Safety.--When establishing a margin of 
     safety for use in developing a regulatory requirement 
     described in subsection (a)(1) or guidance described in 
     subsection (a)(2), the Administrator or the Secretary, as 
     appropriate, shall provide, as part of the risk assessment 
     under subsection (a), an explicit and, to the extent 
     practical, quantitative description of the margin of safety 
     relative to an unbiased estimate of the risk being addressed.
       ``(e) Discretionary Exemptions.--The Administrator or the 
     Secretary, as appropriate, may exempt from the requirements 
     of this section any risk assessment prepared in support of a 
     regulatory requirement described in subsection (a)(1) which 
     is likely to result in annual increase in cost of less than 
     $25,000,000. Such exemptions may be made for specific risk 
     assessments or classes of risk assessments.
       ``(f) General Rule on Applicability.--The requirements of 
     this section shall apply to any regulatory requirement 
     described in subsection (a)(1) or guidance described in 
     subsection (a)(2) that is issued after the last day of the 1-
     year period beginning on the date of the enactment of this 
     section.
       ``(g) Significant Regulatory Actions and Guidance.--
       ``(1) Applicability of requirements.--In addition to the 
     regulatory requirements and guidance referred to in 
     subsection (f), the requirements of this section shall apply 
     to--
       ``(A) any standard, effluent limitation, water quality 
     criterion, water quality based requirement, or other 
     regulatory requirement issued under this Act during the 
     period described in paragraph (2) which is likely to result 
     in an annual increase in cost of $100,000,000 or more; and
       ``(B) any guidance issued under this Act during the period 
     described in paragraph (2) which, if issued as a regulatory 
     requirement, would be likely to result in annual increase in 
     cost of $100,000,000 or more.
       ``(2) Covered period.--The period described in this 
     paragraph is the period beginning on February 15, 1995, and 
     ending on the last day of the 1-year period beginning on the 
     date of the enactment of this Act.
       ``(3) Review.--Any regulatory requirement described in 
     paragraph (1)(A) or guidance described in paragraph (1)(B) 
     which was issued before the date of the enactment of this 
     section shall be reviewed and, with respect to each such 
     requirement or guidance, the Administrator or the Secretary, 
     as appropriate, shall based on such review--
       ``(A) certify that the requirement or guidance meets the 
     requirements of this section without revision; or
       ``(B) reissue the requirement or guidance, after providing 
     notice and opportunity for public comment, with such 
     revisions as may be necessary for compliance with the 
     requirements of this section.
       ``(4) Deadline.--Any regulatory requirement described in 
     paragraph (1)(A) or guidance described in paragraph (1)(B) 
     for which the Administrator or the Secretary, as appropriate, 
     does not issue a certification or revisions under paragraph 
     (3) on or before the last day of the 18-month period 
     beginning on the date of the enactment of this section shall 
     cease to be effective after such last day until the date on 
     which such certification or revisions are issued.''.

     SEC. 324. BENEFIT AND COST CRITERION.

       Title III (33 U.S.C. 1311-1330) is further amended by 
     adding at the end the following:

     ``SEC. 324. BENEFIT AND COST CRITERION.

       ``(a) Decision Criterion.--
       ``(1) Certification.--The Administrator or the Secretary of 
     the Army (hereinafter in this section referred to as the 
     `Secretary'), as appropriate, shall not issue--
       ``(A) any standard, effluent limitation, or other 
     regulatory requirement under this Act; or
       ``(B) any guidance under this Act which, if issued as a 
     regulatory requirement, would result in an annual increase in 
     cost of $25,000,000 or more,
     unless the Administrator or the Secretary certifies that the 
     requirement or guidance maximizes net benefits to society. 
     Such certification shall be based on an analysis meeting the 
     requirements of subsection (b).
       ``(2) Effect of criterion.--Notwithstanding any other 
     provision of this Act, the decision criterion of paragraph 
     (1) shall supplement and, to the extent there is a conflict, 
     supersede the decision criteria otherwise applicable under 
     this Act; except that the resulting regulatory requirement or 
     guidance shall be economically achievable.
       ``(3) Substantial evidence.--Notwithstanding any other 
     provision of this Act, no regulation or guidance subject to 
     this subsection shall be issued by the Administrator or the 
     Secretary unless the requirement of paragraph (1) is met and 
     the certification is supported by substantial evidence.
       ``(b) Benefit and Cost Analysis Guidance.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this section, and after providing notice 
     and opportunity for public comment, the Administrator, in 
     concurrence with the Administrator of the Office of 
     Information and Regulatory Affairs, shall issue, and 
     thereafter revise, as appropriate, guidance for conducting 
     benefit and cost analyses in support of making certifications 
     required by subsection (a).
       ``(2) Contents.--Guidance issued under paragraph (1), at a 
     minimum, shall--
       ``(A) require the identification of available policy 
     alternatives, including the alternative of not regulating and 
     any alternatives proposed during periods for public comment;
       ``(B) provide methods for estimating the incremental 
     benefits and costs associated with plausible alternatives, 
     including the use of quantitative and qualitative measures;
       ``(C) require an estimate of the nature and extent of the 
     incremental risk avoided by the standard, effluent 
     limitation, or other regulatory requirement, including a 
     statement that places in context the nature and

[[Page 730]]

     magnitude of the estimated risk reduction; and
       ``(D) require an estimate of the total social, 
     environmental, and economic costs of implementing the 
     standard, effluent limitation, or other regulatory 
     requirement.
       ``(c) Exemptions.--The following shall not be subject to 
     the requirements of this section:
       ``(1) The issuance of a permit.
       ``(2) The implementation of any purely procedural 
     requirement.
       ``(3) Water quality criteria established under section 304.
       ``(4) Water quality based standards established under 
     section 303.
       ``(d) Discretionary Exemptions.--The Administrator or the 
     Secretary, as appropriate, may exempt from this section any 
     regulatory requirement that is likely to result in an annual 
     increase in costs of less than $25,000,000. Such exemptions 
     may be made for specific regulatory requirements or classes 
     of regulatory requirements.
       ``(e) General Rule on Applicability.--The requirements of 
     this section shall apply to any regulatory requirement 
     described in subsection (a)(1)(A) or guidance described in 
     subsection (a)(1)(B) that is issued after the last day of the 
     1-year period beginning on the date of the enactment of this 
     section.
       ``(f) Significant Regulatory Actions and Guidance.--
       ``(1) Applicability of requirements.--In addition to the 
     regulatory requirements and guidance referred to in 
     subsection (e), this section shall apply to--
       ``(A) any standard, effluent limitation, or other 
     regulatory requirement issued under this Act during the 
     period described in paragraph (2) which is likely to result 
     in an annual increase in cost of $100,000,000 or more; and
       ``(B) any guidance issued under this Act during the period 
     described in paragraph (2) which, if issued as a regulatory 
     requirement, would be likely to result in annual increase in 
     cost of $100,000,000 or more.
       ``(2) Covered period.--The period described in this 
     paragraph is the period beginning on February 15, 1995, and 
     ending on the last day of the 1-year period beginning on the 
     date of the enactment of this Act.
       ``(3) Review.--Any regulatory requirement described in 
     paragraph (1)(A) or guidance described in paragraph (1)(B) 
     which was issued before the date of the enactment of this 
     section shall be reviewed and, with respect to each such 
     requirement or guidance, the Administrator or the Secretary, 
     as appropriate, shall based on such review--
       ``(A) certify that the requirement or guidance meets the 
     requirements of this section without revision; or
       ``(B) reissue the requirement or guidance, after providing 
     notice and opportunity for public comment, with such 
     revisions as may be necessary for compliance with the 
     requirements of this section.
       ``(4) Deadline.--Any regulatory requirement described in 
     paragraph (1)(A) or guidance described in paragraph (1)(B) 
     for which the Administrator or the Secretary, as appropriate, 
     does not issue a certification or revisions under paragraph 
     (3) on or before the last day of the 18-month period 
     beginning on the date of the enactment of this section shall 
     cease to be effective after such last day until the date on 
     which such certification or revisions are issued.
       ``(g) Study.--Not later than 5 years after the date of the 
     enactment of this section, the Administrator, in consultation 
     with the Administrator of the Office of Information and 
     Regulatory Affairs, shall publish an analysis regarding the 
     precision and accuracy of benefit and cost estimates prepared 
     under this section. Such study, at a minimum, shall--
       ``(1) compare estimates of the benefits and costs prepared 
     under this section to actual costs and benefits achieved 
     after implementation of regulations or other requirements;
       ``(2) examine and assess alternative analytic methods for 
     conducting benefit and cost analysis, including health-health 
     analysis; and
       ``(3) make recommendations for the improvement of benefit 
     and cost analyses conducted under this section.''.
                     TITLE IV--PERMITS AND LICENSES

     SEC. 401. WASTE TREATMENT SYSTEMS FOR CONCENTRATED ANIMAL 
                   FEEDING OPERATIONS.

       Section 402(a) is amended by adding the following new 
     paragraph:
       ``(6) Concentrated animal feeding operations.--For purposes 
     of this section, waste treatment systems, including retention 
     ponds or lagoons, used to meet the requirements of this Act 
     for concentrated animal feeding operations, are not waters of 
     the United States. If an existing concentrated animal feeding 
     operation uses a natural topographic impoundment or structure 
     on the effective date of this Act, which is not 
     hydrologically connected to any other waters of the United 
     States, as a waste treatment system or wastewater retention 
     facility, such system or facility is exempt from this Act.

     SEC. 402. PERMIT REFORM.

       (a) Duration and Reopeners.--Section 402(b)(1) (33 U.S.C. 
     1342(b)(1)) is amended--
       (1) in subparagraph (B) by striking ``five'' and inserting 
     ``10'' and by striking ``and'';
       (2) by inserting ``and'' after the semicolon at the end of 
     subparagraph (D); and
       (3) by adding at the end the following new subparagraph:
       ``(E) can be modified as necessary to address a significant 
     threat to human health and the environment;''.
       (b) Review of Effluent Limitations.--Section 301(d) (33 
     U.S.C. 1311(d)) is amended to read as follows:
       ``(d) Review of Effluent Limitations.--Any effluent 
     limitation required by subsection (b)(2) that is established 
     in a permit under section 402 shall be reviewed at least 
     every 10 years when the permit is reissued, and, if 
     appropriate, revised.''.
       (c) Discharge Limit.--Section 402(a) (33 U.S.C. 1342(a)) is 
     further amended by adding at the end the following:
       ``(7) Quantitation level.--
       ``(A) Establishment.--Not later than 1 year after the date 
     of the enactment of this Act, the Administrator shall 
     establish quantitation levels for pollutants based on the 
     lowest level at which a pollutant can be reliably quantified 
     on an interlaboratory basis for each test method published 
     under section 304(h).
       ``(B) Permit levels.--Whenever a limitation for a permit 
     issued under this section is set at a level below the 
     quantitation level established for that pollutant under 
     subparagraph (A) for the test method specified in the permit, 
     any measurement of the pollutant greater than the limitation 
     but less than the quantitation level shall not be considered 
     a violation of the permit. All measurements less than the 
     quantitation level shall be deemed equal to zero for purposes 
     of determining compliance with the limitation.''.
       (d) Discharges Under Permit Applications.--Section 402(k) 
     (33 U.S.C. 1342(k)) is amended--
       (1) in the first sentence by striking ``except'' and 
     inserting ``except for'';
       (2) in the second sentence--
       (A) by striking ``Until December 31, 1974, in'' and 
     inserting ``In''; and
       (B) by striking ``(1) section 301, 306, or 402 of this Act, 
     or (2)'' and inserting ``section 402 of this Act or''; and
       (C) by inserting before the period at the end the 
     following: ``, and provided further that if the discharge 
     results in a violation of effluent limitations or standards 
     promulgated under section 301, 302, 303, 304, 306, or 307 of 
     this Act that would be applicable upon issuance of a permit 
     such discharge shall be considered unlawful under section 301 
     of this Act''; and
       (3) by striking the last sentence..

     SEC. 403. REVIEW OF STATE PROGRAMS AND PERMITS.

       (a) Review of State Programs.--Section 402(c) (33 U.S.C. 
     1342(c)) is amended by inserting before the first sentence 
     the following: ``Upon approval of a State program under this 
     section, the Administrator shall review administration of the 
     program by the State once every 3 years.''.
       (b) Review of State Permits.--Section 402(d)(2) (33 U.S.C. 
     1342(d)(2)) is amended--
       (1) in the first sentence by striking ``as being outside 
     the guidelines and requirements of this Act'' and inserting 
     ``as presenting a substantial risk to human health and the 
     environment''; and
       (2) in the second sentence by striking ``and the effluent 
     limitations'' and all that follows before the period.
       (c) Court Proceedings to Prohibit Introduction of 
     Pollutants into Treatment Works.--Section 402(h) (33 U.S.C. 
     1342(h)) is amended by inserting after ``approved or where'' 
     the following: ``the discharge involves a significant source 
     of pollutants to the waters of the United States and''.

     SEC. 404. STATISTICAL NONCOMPLIANCE.

       (a) Number of Excursions.--Section 402(k) (33 U.S.C. 
     1342(k)) is amended by inserting after the first sentence the 
     following: ``In any enforcement action or citizen suit under 
     section 309 or 505 of this Act or applicable State law 
     alleging noncompliance with a technology-based effluent 
     limitation established pursuant to section 301, a permittee 
     shall have an affirmative defense to such alleged 
     noncompliance if the permittee demonstrates through reference 
     to information contained in the applicable rulemaking record 
     that the number of excursions from the technology-based 
     effluent limitation are no greater, on an annual basis, than 
     the number of excursions expected from the technology on 
     which the limit is based and that the discharges do not 
     violate an applicable water-quality based limitation or 
     standard.''.
       (b) Pretreatment Standards.--Section 307(d) (33 U.S.C. 
     1317(d)) is amended by adding at the end the following: ``In 
     any enforcement action or citizen suit under section 309 or 
     505 of this Act or applicable State law alleging 
     noncompliance with a categorical pretreatment standard or 
     local pretreatment limit established pursuant to this 
     section, a person who demonstrates through reference to 
     information contained in the applicable rulemaking record--
       ``(1) that the number of excursions from the categorical 
     pretreatment standard or local pretreatment limit are no 
     greater, on an annual basis, than the number of excursions 
     expected from the technology on which the pretreatment 
     standard or local pretreatment limit is based, and
       ``(2) that the introduction of pollutants into a publicly 
     owned treatment works does not cause interference with such 
     works or cause a violation by such works of an applicable 
     water-quality based limitation or standard,
     shall have an affirmative defense to such alleged 
     noncompliance''.

     SEC. 405. ANTI-BACKSLIDING REQUIREMENTS.

       (a) Discharge volume.--Section 402(o)(2) (33 U.S.C. 
     1342(o)(2)) is amended in the first sentence by inserting 
     ``the concentration or loading of'' after ``applicable to''.

[[Page 731]]

       (b) Nonapplicability to Potws.--Section 402(o) (33 U.S.C. 
     1343(o)) is amended by adding at the end the following:
       ``(4) Nonapplicability to publicly owned treatment works.--
     The requirements of this subsection shall not apply to 
     permitted discharges from a publicly owned treatment works if 
     the treatment works demonstrates to the satisfaction of the 
     Administrator that--
       ``(A) the increase in pollutants is a result of conditions 
     beyond the control of the treatment works (such as 
     fluctuations in normal source water availabilities due to 
     sustained drought conditions); and
       ``(B) effluent quality does not result in impairment of 
     water quality standards established for the receiving 
     waters.''.

     SEC. 406. INTAKE CREDITS.

       Section 402 (33 U.S.C. 1342) is further amended by 
     inserting after subsection (k) the following:
       ``(l) Intake Credits.--
       ``(1) In general.--Notwithstanding any provision of this 
     Act, in any effluent limitation or other limitation imposed 
     under the permit program established by the Administrator 
     under this section, any State permit program approved under 
     this section (including any program for implementation under 
     section 118(c)(2)), any standards established under section 
     307(a), or any program for industrial users established under 
     section 307(b), the Administrator, as applicable, shall or 
     the State, as applicable, may provide credits for pollutants 
     present in or caused by intake water such that an owner or 
     operator of a point source is not required to remove, reduce, 
     or treat the amount of any pollutant in an effluent below the 
     amount of such pollutant that is present in or caused by the 
     intake water for such facility--
       ``(A)(i) if the source of the intake water and the 
     receiving waters into which the effluent is ultimately 
     discharged are the same or are directly and proximately 
     connected; or
       ``(ii) if, at the time the limitation or standard is 
     established, the level of the pollutant in the intake water 
     is the same as or lower than the amount of the pollutant in 
     the receiving waters, taking into account analytical 
     variability; and
       ``(B) for conventional pollutants, to the extent that the 
     discharger demonstrates that the constituents of the 
     conventional pollutants in the intake water are the same as 
     or substantially similar to the constituents of the 
     conventional pollutants in the effluent.
       ``(2) Allowance for incidental amounts.--In determining 
     whether the condition set forth in paragraph (1)(A)(i) is 
     being met, the Administrator shall or the State may, as 
     appropriate, make allowance for incidental amounts of intake 
     water from sources other than the receiving waters.
       ``(3) Credit for nonqualifying pollutants.--The 
     Administrator shall or a State may provide point sources an 
     appropriate credit for pollutants found in intake water in 
     circumstances that do not meet the requirements of paragraph 
     (1), including circumstances in which the source of the 
     intake water meets the maximum contaminant levels or 
     treatment techniques for drinking water contaminants 
     established pursuant to the Safe Drinking Water Act for the 
     pollutant of concern. An appropriate credit for pollutants 
     found in intake water is a credit that assures that an owner 
     or operator of a point source is not required to remove, 
     reduce, or treat the amount of any pollutant in an effluent 
     below the amount of such pollutant that is present in the 
     intake water for such facility, except to the extent that the 
     level of such pollutant in the intake water will cause 
     adverse water quality impact that would not otherwise occur.
       ``(4) Monitoring.--Nothing in this section precludes the 
     Administrator or a State from requiring monitoring of intake 
     water, effluent, or receiving waters to assist in the 
     implementation of this section.''.

     SEC. 407. COMBINED SEWER OVERFLOWS.

       Section 402 (33 U.S.C. 1342) is further amended by adding 
     at the end the following:
       ``(s) Combined Sewer Overflows.--
       ``(1) Requirement for permits.--Each permit issued pursuant 
     to this section for a discharge from a combined storm and 
     sanitary sewer shall conform with the combined sewer overflow 
     control policy signed by the Administrator on April 11, 1994.
       ``(2) Term of permit.--
       ``(A) Compliance deadline.--Notwithstanding any compliance 
     schedule under section 301(b), or any permit limitation under 
     section 402(b)(1)(B), the Administrator (or a State with a 
     program approved under subsection (b)) may issue a permit 
     pursuant to this section for a discharge from a combined 
     storm and sanitary sewer, that includes a schedule for 
     compliance with a long-term control plan under the control 
     policy referred to in paragraph (1), for a term not to exceed 
     15 years.
       ``(B) Extension.--Notwithstanding the compliance deadline 
     specified in subparagraph (A), the Administrator or a State 
     with a program approved under subsection (b) shall extend, on 
     request of an owner or operator of a combined storm and 
     sanitary sewer and subject to subparagraph (C), the period of 
     compliance beyond the last day of the 15-year period--
       ``(i) if the Administrator or the State determines that 
     compliance by such last day is not within the economic 
     capability of the owner or operator; and
       ``(ii) if the owner or operator demonstrates to the 
     satisfaction of the Administrator or the State reasonable 
     further progress towards compliance with a long-term control 
     plan under the control policy referred to in paragraph (1).
       ``(C) Limitations on extensions.--
       ``(i) Extension not appropriate.--Notwithstanding 
     subparagraph (B), the Administrator or the State need not 
     grant an extension of the compliance deadline specified in 
     subparagraph (A) if the Administrator or the State determines 
     that such an extension is not appropriate.
       ``(ii) New York-New Jersey.--Prior to granting an extension 
     under subparagraph (B) with respect to a combined sewer 
     overflow discharge originating in the State of New York or 
     New Jersey and affecting the other of such States, the 
     Administrator or the State from which the discharge 
     originates, as the case may be, shall provide written notice 
     of the proposed extension to the other State and shall not 
     grant the extension unless the other State approves the 
     extension or does not disapprove the extension within 90 days 
     of receiving such written notice.
       ``(3) Savings clause.--Any consent decree or court order 
     entered by a United States district court, or administrative 
     order issued by the Administrator, before the date of the 
     enactment of this subsection establishing any deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables, for the evaluation, design, or 
     construction of treatment works for control or elimination of 
     any discharge from a municipal combined storm and sanitary 
     sewer system shall be modified upon motion or request by any 
     party to such consent decree or court order, to extend to 
     December 31, 2009, at a minimum, any such deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables as is necessary to conform to the 
     policy referred to in paragraph (1) or otherwise achieve the 
     objectives of this subsection. Notwithstanding the preceding 
     sentence, the period of compliance with respect to a 
     discharge referred to in paragraph (2)(C)(ii) may only be 
     extended in accordance with paragraph (2)(C)(ii).''.

     SEC. 408. SANITARY SEWER OVERFLOWS.

       Section 402 (33 U.S.C. 1342) is further amended by adding 
     at the end the following:
       ``(t) Sanitary Sewer Overflows.--
       ``(1) Development of policy.--Not later than 2 years after 
     the date of the enactment of this subsection, the 
     Administrator, in consultation with State and local 
     governments and water authorities, shall develop and publish 
     a national control policy for municipal separate sanitary 
     sewer overflows. The national policy shall recognize and 
     address regional and economic factors.
       ``(2) Issuance of permits.--Each permit issued pursuant to 
     this section for a discharge from a municipal separate 
     sanitary sewer shall conform with the policy developed under 
     paragraph (1).
       ``(3) Compliance deadline.--Notwithstanding any compliance 
     schedule under section 301(b), or any permit limitation under 
     subsection (b)(1)(B), the Administrator or a State with a 
     program approved under subsection (b) may issue a permit 
     pursuant to this section for a discharge from a municipal 
     separate sanitary sewer due to stormwater inflows or 
     infiltration. The permit shall include at a minimum a 
     schedule for compliance with a long-term control plan under 
     the policy developed under paragraph (1), for a term not to 
     exceed 15 years.
       ``(4) Extension.--Notwithstanding the compliance deadline 
     specified in paragraph (3), the Administrator or a State with 
     a program approved under subsection (b) shall extend, on 
     request of an owner or operator of a municipal separate 
     sanitary sewer, the period of compliance beyond the last day 
     of such 15-year period if the Administrator or the State 
     determines that compliance by such last day is not within the 
     economic capability of the owner or operator, unless the 
     Administrator or the State determines that the extension is 
     not appropriate.
       ``(5) Effect on other actions.--Before the date of 
     publication of the policy under paragraph (1), the 
     Administrator or Attorney General shall not initiate any 
     administrative or judicial civil penalty action in response 
     to a municipal separate sanitary sewer overflow due to 
     stormwater inflows or infiltration.
       ``(6) Savings clause.--Any consent decree or court order 
     entered by a United States district court, or administrative 
     order issued by the Administrator, before the date of the 
     enactment of this subsection establishing any deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables, for the evaluation, design, or 
     construction of treatment works for control or elimination of 
     any discharge from a municipal separate sanitary sewer shall 
     be modified upon motion or request by any party to such 
     consent decree or court order, to extend to December 31, 
     2009, at a minimum, any such deadlines, schedules, or 
     timetables, including any interim deadlines, schedules, or 
     timetables as is necessary to conform to the policy developed 
     under paragraph (1) or otherwise achieve the objectives of 
     this subsection.''.

     SEC. 409. ABANDONED MINES.

       Section 402 (33 U.S.C. 1342) is further amended by 
     inserting after subsection (o) the following:
       ``(p) Permits for Remediating Party on Abandoned or 
     Inactive Mined Lands.--
       ``(1) Applicability.--Subject to this subsection, including 
     the requirements of paragraphs (2) and (3), the 
     Administrator, with the concurrence of the concerned State or 
     Indian tribe, may issue a permit to a remediating party under 
     this section for discharges

[[Page 732]]

     associated with remediation activity at abandoned or inactive 
     mined lands which modifies any otherwise applicable 
     requirement of sections 301(b), 302, and 403, or any 
     subsection of this section (other than this subsection).
       ``(2) Application for a permit.--A remediating party who 
     desires to conduct remediation activities on abandoned or 
     inactive mined lands from which there is or may be a 
     discharge of pollutants to waters of the United States or 
     from which there could be a significant addition of 
     pollutants from nonpoint sources may submit an application to 
     the Administrator. The application shall consist of a 
     remediation plan and any other information requested by the 
     Administrator to clarify the plan and activities.
       ``(3) Remediation Plan.--The remediation plan shall include 
     (as appropriate and applicable) the following:
       ``(A) Identification of the remediating party, including 
     any persons cooperating with the concerned State or Indian 
     tribe with respect to the plan, and a certification that the 
     applicant is a remediating party under this section.
       ``(B) Identification of the abandoned or inactive mined 
     lands addressed by the plan.
       ``(C) Identification of the waters of the United States 
     impacted by the abandoned or inactive mined lands.
       ``(D) A description of the physical conditions at the 
     abandoned or inactive mined lands that are causing adverse 
     water quality impacts.
       ``(E) A description of practices, including system design 
     and construction plans and operation and maintenance plans, 
     proposed to reduce, control, mitigate, or eliminate the 
     adverse water quality impacts and a schedule for implementing 
     such practices and, if it is an existing remediation project, 
     a description of practices proposed to improve the project, 
     if any.
       ``(F) An analysis demonstrating that the identified 
     practices are expected to result in a water quality 
     improvement for the identified waters.
       ``(G) A description of monitoring or other assessment to be 
     undertaken to evaluate the success of the practices during 
     and after implementation, including an assessment of baseline 
     conditions.
       ``(H) A schedule for periodic reporting on progress in 
     implementation of major elements of the plan.
       ``(I) A budget and identified funding to support the 
     activities described in the plan.
       ``(J) Remediation goals and objectives.
       ``(K) Contingency plans.
       ``(L) A description of the applicant's legal right to enter 
     and conduct activities.
       ``(M) The signature of the applicant.
       ``(N) Identification of the pollutant or pollutants to be 
     addressed by the plan.
       ``(4) Permits.--
       ``(A) Contents.--Permits issued by the Administrator 
     pursuant to this subsection shall--
       ``(i) provide for compliance with and implementation of a 
     remediation plan which, following issuance of the permit, may 
     be modified by the applicant after providing notification to 
     and opportunity for review by the Administrator;
       ``(ii) require that any modification of the plan be 
     reflected in a modified permit;
       ``(iii) require that if, at any time after notice to the 
     remediating party and opportunity for comment by the 
     remediating party, the Administrator determines that the 
     remediating party is not implementing the approved 
     remediation plan in substantial compliance with its terms, 
     the Administrator shall notify the remediating party of the 
     determination together with a list specifying the concerns of 
     the Administrator;
       ``(iv) provide that, if the identified concerns are not 
     resolved or a compliance plan submitted within 90 days of the 
     date of the notification, the Administrator may take action 
     under section 309 of this Act;
       ``(v) provide that clauses (iii) and (iv) not apply in the 
     case of any action under section 309 to address violations 
     involving gross negligence (including reckless, willful, or 
     wanton misconduct) or intentional misconduct by the 
     remediating party or any other person;
       ``(vi) not require compliance with any limitation issued 
     under sections 301(b), 302, and 403 or any requirement 
     established by the Administrator under any subsection of this 
     section (other than this subsection); and
       ``(vii) provide for termination of coverage under the 
     permit without the remediating party being subject to 
     enforcement under sections 309 and 505 of this Act for any 
     remaining discharges--

       ``(I) after implementation of the remediation plan;
       ``(II) if a party obtains a permit to mine the site; or
       ``(III) upon a demonstration by the remediating party that 
     the surface water quality conditions due to remediation 
     activities at the site, taken as a whole, are equal to or 
     superior to the surface water qualities that existed prior to 
     initiation of remediation.

       ``(B) Limitations.--The Administrator shall only issue a 
     permit under this section, consistent with the provisions of 
     this subsection, to a remediating party for discharges 
     associated with remediation action at abandoned or inactive 
     mined lands if the remediation plan demonstrates with 
     reasonable certainty that the actions will result in an 
     improvement in water quality.
       ``(C) Public participation.--The Administrator may only 
     issue a permit or modify a permit under this section after 
     complying with subsection (b)(3).
       ``(D) Effect of failure to comply with permit.--Failure to 
     comply with terms of a permit issued pursuant to this 
     subsection shall not be deemed to be a violation of an 
     effluent standard or limitation issued under this Act.
       ``(E) Limitations on statutory construction.--This 
     subsection shall not be construed--
       ``(i) to limit or otherwise affect the Administrator's 
     powers under section 504; or
       ``(ii) to preclude actions pursuant to section 309 or 505 
     for any violations of sections 301(a), 302, 402, and 403 that 
     may have existed for the abandoned or inactive mined land 
     prior to initiation of remediation covered by a permit issued 
     under this subsection, unless such permit covers remediation 
     activities implemented by the permit holder prior to issuance 
     of the permit.
       ``(F) Deemed approval of compliance plans.--A compliance 
     plan submitted under subparagraph (A)(iv) shall be deemed to 
     be approved on the 90th day following the date of such 
     submission, unless the Administrator notifies the remediating 
     party before such 90th day that the plan has been 
     disapproved.
       ``(5) Definitions.--In this subsection the following 
     definitions apply:
       ``(A) Remediating party.--The term `remediating party' 
     means--
       ``(i) the United States (on non-Federal lands), a State or 
     an Indian tribe or officers, employees, or contractors 
     thereof; and
       ``(ii) any person acting in cooperation with a State or 
     Indian tribe, including a government agency that owns 
     abandoned or inactive mined lands for the purpose of 
     conducting remediation of the mined lands or that is engaging 
     in remediation activities incidental to the ownership of the 
     lands.
     Such term does not include any person who, before or 
     following issuance of a permit under this section, directly 
     benefited from or participated in any mining operation 
     (including exploration) associated with the abandoned or 
     inactive mined lands.
       ``(B) Abandoned or inactive mined lands.--The term 
     `abandoned or inactive mined lands' means lands that were 
     formerly mined and are neither actively mined nor in 
     temporary shutdown at the time of submission of the 
     remediation plan and issuance of a permit under this 
     subsection.
       ``(C) Mined lands.--The term `mined lands' means the 
     surface or subsurface of an area where mining operations, 
     including exploration, extraction, processing, and 
     beneficiation, have been conducted. Such term includes 
     private ways and roads appurtenant to such area, land 
     excavations, underground mine portals, adits, and surface 
     expressions associated with underground workings, such as 
     glory holes and subsidence features, mining waste, smelting 
     sites associated with other mined lands, and areas where 
     structures, facilities, equipment, machines, tools, or other 
     material or property which result from or have been used in 
     the mining operation are located.
       ``(6) Regulations.--The Administrator may issue regulations 
     establishing more specific requirements that the 
     Administrator determines would facilitate implementation of 
     this subsection. Before issuance of such regulations, the 
     Administrator may establish, on a case-by-case basis after 
     notice and opportunity for public comment as provided by 
     subsection (b)(3), more specific requirements that the 
     Administrator determines would facilitate implementation of 
     this subsection in an individual permit issued to the 
     remediating party.''.

     SEC. 410. BENEFICIAL USE OF BIOSOLIDS.

       (a) References.--Section 405(a) (33 U.S.C. 1345(a)) is 
     amended by inserting ``(also referred to as `biosolids')'' 
     after ``sewage sludge'' the first place it appears.
       (b) Approval of State Programs.--Section 405(f) (33 U.S.C. 
     1345(f)) is amended by adding at the end the following:
       ``(3) Approval of state programs.--Notwithstanding any 
     other provision of this Act, the Administrator shall approve 
     for purposes of this subsection State programs that meet the 
     standards for final use or disposal of sewage sludge 
     established by the Administrator pursuant to subsection 
     (d).''.
       (c) Studies and Projects.--Section 405(g) (33 U.S.C. 
     1345(g)) is amended--
       (1) in the first sentence of paragraph (1) by inserting 
     ``building materials,'' after ``agricultural and 
     horticultural uses,'';
       (2) in paragraph (1) by adding at the end the following: 
     ``Not later than January 1, 1997, and after providing notice 
     and opportunity for public comment, the Administrator shall 
     issue guidance on the beneficial use of sewage sludge.''; and
       (3) in paragraph (2) by striking ``September 30, 1986,'' 
     and inserting ``September 30, 1995,''.

     SEC. 411. WASTE TREATMENT SYSTEMS DEFINED.

       Title IV (33 U.S.C. 1341-1345) is further amended by adding 
     at the end the following:

     ``SEC. 406. WASTE TREATMENT SYSTEMS DEFINED.

       ``(a) Issuance of Regulations.--Not later than 1 year of 
     the date of the enactment of this section, the Administrator, 
     after consultation with State officials, shall issue a 
     regulation defining `waste treatment systems'.
       ``(b) Inclusion of Areas.--
       ``(1) Areas which may be included.--In defining the term 
     `waste treatment systems' under subsection (a), the 
     Administrator may include areas used for the treatment of 
     wastes if the Administrator determines that such inclusion 
     will not interfere with the goals of this Act.
       ``(2) Areas which shall be included.--In defining the term 
     `waste treatment systems'

[[Page 733]]

     under subsection (a), the Administrator shall include, at a 
     minimum, areas used for detention, retention, treatment, 
     settling, conveyance, or evaporation of wastewater, 
     stormwater, or cooling water unless--
       ``(A) the area was created in or resulted from the 
     impoundment or other modification of navigable waters and 
     construction of the area commenced after the date of the 
     enactment of this section;
       ``(B) on or after February 15, 1995, the owner or operator 
     allows the area to be used by interstate or foreign travelers 
     for recreational purposes; or
       ``(C) on or after February 15, 1995, the owner or operator 
     allows the taking of fish or shellfish from the area for sale 
     in interstate or foreign commerce.
       ``(c) Interim Period.--Before the date of issuance of 
     regulations under subsection (a), the Administrator or the 
     State (in the case of a State with an approved permit program 
     under section 402) shall not require a new permit under 
     section 402 or section 404 for any discharge into any area 
     used for detention, retention, treatment, settling, 
     conveyance, or evaporation of wastewater, stormwater, or 
     cooling water unless the area is an area described in 
     subsection (b)(2)(A), (b)(2)(B), or (b)(2)(C).
       ``(d) Savings Clause.--Any area which the Administrator or 
     the State (in the case of a State with an approved permit 
     program under section 402) determined, before February 15, 
     1995, is a water of the United States and for which, pursuant 
     to such determination, the Administrator or State issued, 
     before February 15, 1995, a permit under section 402 for 
     discharges into such area shall remain a water of the United 
     States.
       ``(e) Regulation of Other Areas.--With respect to areas 
     constructed for detention, retention, treatment, settling, 
     conveyance, or evaporation of wastewater, stormwater, or 
     cooling water that are not waste treatment systems as defined 
     by the Administrator pursuant to this section and that the 
     Administrator determines are navigable waters under this Act, 
     the Administrator or the States, in establishing standards 
     pursuant to section 303(c) of this Act or implementing other 
     requirements of this Act, shall give due consideration to the 
     uses for which such areas were designed and constructed, and 
     need not establish standards or other requirements that will 
     impede such uses.''.

     SEC. 412. THERMAL DISCHARGES.

       A municipal utility that before the date of the enactment 
     of this section has been issued a permit under section 402 of 
     the Federal Water Pollution Control Act for discharges into 
     the Upper Greater Miami River, Ohio, shall not be required 
     under such Act to construct a cooling tower or operate under 
     a thermal management plan unless--
       (1) the Administrator or the State of Ohio determines based 
     on scientific evidence that such discharges result in harm to 
     aquatic life; or
       (2) the municipal utility has applied for and been denied a 
     thermal discharge variance under section 316(a) of such Act.
                      TITLE V--GENERAL PROVISIONS

     SEC. 501. CONSULTATION WITH STATES.

       Section 501 (33 U.S.C. 1361) is amended by adding at the 
     end the following new subsection:
       ``(g) Consultation With States.--
       ``(1) In general.--The Administrator shall consult with and 
     substantially involve State governments and their 
     representative organizations and, to the extent that they 
     participate in the administration of this Act, tribal and 
     local governments, in the Environmental Protection Agency's 
     decisionmaking, priority setting, policy and guidance 
     development, and implementation under this Act.
       ``(2) Inapplicability of federal advisory committee act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to meetings held to carry out paragraph (1)--
       ``(A) if such meetings are held exclusively between Federal 
     officials and elected officers of State, local, and tribal 
     governments (or their designated employees with authority to 
     act on their behalf) acting in their official capacities; and
       ``(B) if such meetings are solely for the purposes of 
     exchanging views, information, or advice relating to the 
     management or implementation of this Act.
       ``(3) Implementing guidelines.--No later than 6 months 
     after the date of the enactment of this paragraph, the 
     Administrator shall issue guidelines for appropriate 
     implementation of this subsection consistent with applicable 
     laws and regulations.''.

     SEC. 502. NAVIGABLE WATERS DEFINED.

       Section 502(7) (33 U.S.C. 1362(7)) is amended by adding at 
     the end the following: ``Such term does not include `waste 
     treatment systems', as defined under section 406.''.

     SEC. 503. CAFO DEFINITION CLARIFICATION.

       Section 502(14) (33 U.S.C. 1362(14)) is further amended--
       (1) by inserting ``(other than an intermittent nonproducing 
     livestock operation such as a stockyard or a holding and 
     sorting facility)'' after ``feeding operation''; and
       (2) by adding at the end the following: ``The term does 
     include an intermittent nonproducing livestock operation if 
     the average number of animal units that are fed or maintained 
     in any 90-day period exceeds the number of animal units 
     determined by the Administrator or the State (in the case of 
     a State with an approved permit program under section 402) to 
     constitute a concentrated animal feeding operation or if the 
     operation is designated by the Administrator or State as a 
     significant contributor of pollution.''.

     SEC. 504. PUBLICLY OWNED TREATMENT WORKS DEFINED.

       Section 502 (33 U.S.C. 1362) is further amended by adding 
     at the end the following:
       ``(27) The term `publicly owned treatment works' means a 
     treatment works, as defined in section 212, located at other 
     than an industrial facility, which is designed and 
     constructed principally, as determined by the Administrator, 
     to treat domestic sewage or a mixture of domestic sewage and 
     industrial wastes of a liquid nature. In the case of such a 
     facility that is privately owned, such term includes only 
     those facilities that, with respect to such industrial 
     wastes, are carrying out a pretreatment program meeting all 
     the requirements established under section 307 and paragraphs 
     (8) and (9) of section 402(b) for pretreatment programs 
     (whether or not the treatment works would be required to 
     implement a pretreatment program pursuant to such 
     sections).''.

     SEC. 505. STATE WATER QUANTITY RIGHTS.

       (a) Policy.--Section 101(g) (33 U.S.C. 1251(g)) is amended 
     by inserting before the period at the end of the last 
     sentence ``and in accordance with section 510(b) of this 
     Act''.
       (b) State Authority.--Section 510 (33 U.S.C. 1370) is 
     amended--
       (1) by striking the section heading and ``Sec. 510. 
     Except'' and inserting the following:

     ``SEC. 510. STATE AUTHORITY.

       ``(a) In General.--Except''; and
       (2) by adding at the end the following new subsection:
       ``(b) Water Rights.--Nothing in this Act shall be construed 
     to supersede, abrogate, or otherwise impair any right or 
     authority of a State to allocate quantities of water 
     (including boundary waters). Nothing in this Act shall be 
     implemented, enforced, or construed to allow any officer or 
     agency of the United States to utilize directly or indirectly 
     the authorities established under this Act to impose any 
     requirement not imposed by the State which would supersede, 
     abrogate, or otherwise impair rights to the use of water 
     resources allocated under State law, interstate water 
     compact, or Supreme Court decree, or held by the United 
     States for use by a State, its political subdivisions, or its 
     citizens. No water rights arise in the United States or any 
     other person under the provisions of this Act. This 
     subsection shall not be construed as limiting any State's 
     authority under section 401 of this Act, as excusing any 
     person from obtaining a permit under section 402 or 404 of 
     this Act, or as excusing any obligation to comply with 
     requirements established by a State to implement section 
     319.''.

     SEC. 506. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT 
                   TO NONPETROLEUM OIL PRODUCTS AND OIL 
                   SUBSTITUTES.

       (a) Differentiation Among Petroleum and Nonpetroleum 
     Products.--
       (1) In general.--In issuing or enforcing a regulation, an 
     interpretation, or a guideline relating to a fat, oil, or 
     grease under the Oil Pollution Act of 1990 or the Federal 
     Water Pollution Control Act, the head of a Federal agency 
     shall--
       (A) differentiate between and establish separate classes 
     for petroleum and nonpetroleum oil products and oil 
     substitutes, including animal fats, vegetable oils, and 
     silicone fluids; and
       (B) apply different standards and reporting requirements 
     (including reporting requirements based on quantitative 
     amounts) to different classes of petroleum and nonpetroleum 
     oil products and oil substitutes as provided in paragraph 
     (2).
       (2) Considerations.--In differentiating between the classes 
     of petroleum products and nonpetroleum oil products and oil 
     substitutes, the head of the Federal agency shall consider 
     differences in physical, chemical, biological, and other 
     properties, and in the environmental effects, of the classes.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Animal fat.--The term ``animal fat'' means each type of 
     animal fat, oil, or grease, including fat, oil, or grease 
     from fish or a marine mammal and any fat, oil, or grease 
     referred to in section 61(a)(2) of title 13, United States 
     Code.
       (2) Vegetable oil.--The term ``vegetable oil'' means each 
     type of vegetable oil, including vegetable oil from a seed, 
     nut, or kernel and any vegetable oil referred to in section 
     61(a)(1) of title 13, United States Code.

     SEC. 507. DISPUTE RESOLUTION.

       (a) In General.--Section 401 of the Federal Water Pollution 
     Control Act does not apply with respect to the licensing of a 
     hydroelectric project under part I of the Federal Power Act 
     if the relevant Federal agency makes the determination 
     referred to in subsection (b) in accordance with the 
     mechanism described in subsection (c).
       (b) Determination.--The determination referred to in 
     subsection (a) is a specific determination that a denial, 
     condition, or requirement of a certification under section 
     401 of the Federal Water Pollution Control Act for the 
     project is inconsistent with the purposes and requirements of 
     part I of the Federal Power Act.
       (c) Mechanism.--The dispute resolution mechanism for 
     purposes of subsection (a) shall be a mechanism established 
     by the relevant Federal agency, in consultation with the 
     Administrator and the States, for resolving any conflicts or 
     unreasonable consequences resulting from actions taken under 
     section 401 by a State, an interstate

[[Page 734]]

     water pollution control agency, or the Administrator relating 
     to the issuance of a license (or to activities under such 
     license) for a hydroelectric project under part I of the 
     Federal Power Act. Such mechanism shall include, at a 
     minimum, a process whereby--
       (1) the relevant Federal agency, in coordination with the 
     State, the interstate agency or the Administrator (as the 
     case may be) may determine whether any denial, condition, or 
     requirement under section 401 of the Federal Water Pollution 
     Control Act relating to the issuance of such license or to 
     activities under such license is inconsistent with the 
     purposes and requirements of part I of the Federal Power Act;
       (2) such denial, condition, or requirement shall be 
     presumed to be consistent with the purposes and requirements 
     of part I of the Federal Power Act if based on temperature, 
     turbidity, or other objective water quality criteria 
     regulating discharges of pollutants; and
       (3) any denial, condition, or requirement not based on such 
     criteria shall be presumed to be consistent with the purposes 
     and requirements of part I of the Federal Power Act unless 
     the relevant Federal agency, after attempting to resolve any 
     inconsistency, makes a specific determination under 
     subsection (b) and publishes such determination, together 
     with the basis for such determination, in the license or 
     other appropriate order.

     SEC. 508. NEEDS ESTIMATE.

       Section 516(b)(1) (33 U.S.C. 1375(b)(1)) is amended--
       (1) in the first sentence by striking ``biennially 
     revised'' and inserting ``quadrennially revised''; and
       (2) in the second sentence by striking ``February 10 of 
     each odd-numbered year'' and inserting ``December 31, 1997, 
     and December 31 of every 4th calendar year thereafter''.

     SEC. 509. PROGRAM AUTHORIZATIONS.

       (a) Limit on Authorizations.--No funds are authorized for 
     any fiscal year after fiscal year 2000 for carrying out the 
     programs and activities for which funds are authorized by 
     this Act, including amendments made by this Act.
       (b) General Program Authorizations.--Section 517 (33 U.S.C. 
     1376) is amended--
       (1) by striking ``and'' before ``$135,000,000''; and
       (2) by inserting before the period at the end the 
     following: ``, and such sums as may be necessary for each of 
     fiscal years 1991 through 2000''.

     SEC. 510. INDIAN TRIBES.

       (a) Cooperative Agreements.--Section 518(d) (33 U.S.C. 
     1377(d)) is amended by adding at the end the following: ``In 
     exercising the review and approval provided in this 
     paragraph, the Administrator shall respect the terms of any 
     cooperative agreement that addresses the authority or 
     responsibility of a State or Indian tribe to administer the 
     requirements of this Act within the exterior boundaries of a 
     Federal Indian reservation, so long as that agreement 
     otherwise provides for the adequate administration of this 
     Act.''.
       (b) Treatment as States.--Section 518(e) (33 U.S.C. 
     1377(e)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``water resources which are'' and inserting 
     ``water resources within the exterior boundaries of a Federal 
     Indian reservation which are on or appurtenant to lands'';
       (B) by inserting ``or'' after ``Indians,'';
       (C) by striking ``member of an Indian tribe'' and inserting 
     ``member of the reservation's governing Indian tribe'';
       (D) by striking ``, or otherwise within the borders of an 
     Indian reservation''; and
       (E) by striking ``and'' at the end;
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) the Administrator's action does not authorize the 
     Indian tribe to regulate lands owned in whole or in part by 
     nonmembers of the tribe or the use of water resources on or 
     appurtentant to such lands.''.
       (c) Dispute Resolution.--Section 518 is amended--
       (1) by redesignating subsection (h) as subsection (j); and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Dispute Resolution.--The Administrator shall 
     promulgate, in consultation with States and Indian tribes, 
     regulations which provide for the resolution of any 
     unreasonable consequences that may arise as a result of 
     differing water quality standards that may be set by States 
     and Indian tribes located on common bodies of water. Such 
     mechanism shall provide, in a manner consistent with the 
     objectives of this Act, that persons who are affected by 
     differing tribal or State water quality permit requirements 
     have standing to utilize the dispute resolution process, and 
     for the explicit consideration of relevant factors, including 
     the effects of differing water quality permit requirements on 
     upstream and downstream dischargers, economic impacts, and 
     present and historical uses and quality of the waters subject 
     to such standards.''.
       (d) Petitions for Review.--Section 518 (33 U.S.C. 1377) is 
     amended by inserting after subsection (h) (as added by 
     subsection (b) of this section) the following:
       ``(i) District Courts; Petition for Review; Standard of 
     Review.--Notwithstanding the provisions of section 509, the 
     United States district courts shall have jurisdiction over 
     actions brought to review any determination of the 
     Administrator under section 518. Such an action may be 
     brought by a State or an Indian tribe and shall be filed with 
     the court within the 90-day period beginning on the date of 
     the determination of the Administrator is made. In any such 
     action, the district court shall review the Administrator's 
     determination de novo.''.
       (e) Definitions.--Section 518(j)(1), as redesignated by 
     subsection (b) of this section, is amended by inserting 
     before the semicolon at the end the following: ``, and, in 
     the State of Oklahoma, such term includes lands held in trust 
     by the United States for the benefit of an Indian tribe or an 
     individual member of an Indian tribe, lands which are subject 
     to Federal restrictions against alienation, and lands which 
     are located within a dependent Indian community, as defined 
     in section 1151 of title 18, United States Code''.
       (f) Reservation of Funds.--Section 518(c) (33 U.S.C. 
     1377(c)) is amended in the first sentence--
       (1) by striking ``beginning after September 30, 1986,'';
       (2) by striking ``section 205(e)'' and inserting ``section 
     604(a)'';
       (3) by striking ``one-half of''; and
       (4) by striking ``section 207'' and inserting ``sections 
     607 and 608''.

     SEC. 511. FOOD PROCESSING AND FOOD SAFETY.

       Title V (33 U.S.C. 1361-1377) is amended by redesignating 
     section 519 as section 522 and by inserting after section 518 
     the following:

     ``SEC. 519. FOOD PROCESSING AND FOOD SAFETY.

       ``In developing any effluent guideline under section 
     304(b), pretreatment standard under section 307(b), or new 
     source performance standard under section 306 that is 
     applicable to the food processing industry, the Administrator 
     shall consult with and consider the recommendations of the 
     Food and Drug Administration, Department of Health and Human 
     Services, Department of Agriculture, and Department of 
     Commerce. The recommendations of such departments and 
     agencies and a description of the Administrator's response to 
     those recommendations shall be made part of the rulemaking 
     record for the development of such guidelines and standards. 
     The Administrator's response shall include an explanation 
     with respect to food safety, including a discussion of 
     relative risks, of any departure from a recommendation by any 
     such department or agency.''.

     SEC. 512. AUDIT DISPUTE RESOLUTION.

       Title V (33 U.S.C. 1361-1377) is further amended by 
     inserting before section 522, as redesignated by section 511 
     of this Act, the following:

     ``SEC. 520. AUDIT DISPUTE RESOLUTION.

       ``(a) Establishment of Board.--The Administrator shall 
     establish an independent Board of Audit Appeals (hereinafter 
     in this section referred to as the `Board') in accordance 
     with the requirements of this section.
       ``(b) Duties.--The Board shall have the authority to review 
     and decide contested audit determinations related to grant 
     and contract awards under this Act. In carrying out such 
     duties, the Board shall consider only those regulations, 
     guidance, policies, facts, and circumstances in effect at the 
     time of the grant or contract award.
       ``(c) Prior Eligibility Decisions.--The Board shall not 
     reverse project cost eligibility determinations that are 
     supported by an decision document of the Environmental 
     Protection Agency, including grant or contract approvals, 
     plans and specifications approval forms, grant or contract 
     payments, change order approval forms, or similar documents 
     approving project cost eligibility, except upon a showing 
     that such decision was arbitrary, capricious, or an abuse of 
     law in effect at the time of such decision.
       ``(d) Membership.--
       ``(1) Appointment.--The Board shall be composed of 7 
     members to be appointed by the Administrator not later than 
     90 days after the date of the enactment of this section.
       ``(2) Terms.--Each member shall be appointed for a term of 
     3 years.
       ``(3) Qualifications.--The Administrator shall appoint as 
     members of the Board individuals who are specially qualified 
     to serve on the Board by virtue of their expertise in grant 
     and contracting procedures. The Administrator shall make 
     every effort to ensure that individuals appointed as members 
     of the Board are free from conflicts of interest in carrying 
     out the duties of the Board.
       ``(e) Basic Pay and Travel Expenses.--
       ``(1) Rates of pay.--Except as provided in paragraph (2), 
     members shall each be paid at a rate of basic pay, to be 
     determined by the Administrator, for each day (including 
     travel time) during which they are engaged in the actual 
     performance of duties vested in the Board.
       ``(2) Prohibition of compensation of federal employees.--
     Members of the Board who are full-time officers or employees 
     of the United States may not receive additional pay, 
     allowances, or benefits by reason of their service on the 
     Board.
       ``(3) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       ``(f) Administrative Support Services.--Upon the request of 
     the Board, the Administrator shall provide to the Board the 
     administrative support services necessary for the Board to 
     carry out its responsibilities under this section.
       ``(g) Disputes Eligible for Review.--The authority of the 
     Board under this section shall extend to any contested audit 
     determination that on the date of the enactment

[[Page 735]]

     of this section has yet to be formally concluded and accepted 
     by either the grantee or the Administrator.''.

     SEC. 513. AMERICAN-MADE EQUIPMENT AND PRODUCTS.

       Title V (33 U.S.C. 1361-1377) is further amended by 
     inserting before section 522, as redesignated by section 511 
     of this Act, the following:

     ``SEC. 521. AMERICAN-MADE EQUIPMENT AND PRODUCTS.

       ``(a) Purchase of American-Made Equipment and Products.--It 
     is the sense of Congress that, to the greatest extent 
     practicable, all equipment and products purchased with funds 
     made available under this Act should be American-made.
       ``(b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Administrator, to 
     the greatest extent practicable, shall provide to each 
     recipient of the assistance a notice describing the sense of 
     Congress expressed by subsection (a).''.
        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

     SEC. 601. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

       Section 601(a) (33 U.S.C. 1381(a)) is amended by striking 
     ``(1) for construction'' and all that follows through the 
     period and inserting ``to accomplish the purposes of this 
     Act.''.

     SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

       (a) Requirements For Construction of Treatment Works.--
     Section 602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
       (1) by striking ``before fiscal year 1995''; and
       (2) by striking ``201(b)'' and all that follows through 
     ``218'' and inserting ``211''.
       (b) Compliance With Other Federal Laws.--Section 602 (33 
     U.S.C. 1382) is amended by adding at the end the following:
       ``(c) Other Federal Laws.--
       ``(1) Compliance with other federal laws.--If a State 
     provides assistance from its water pollution control 
     revolving fund established in accordance with this title and 
     in accordance with a statute, rule, executive order, or 
     program of the State which addresses the intent of any 
     requirement or any Federal executive order or law other than 
     this Act, as determined by the State, the State in providing 
     such assistance shall be treated as having met the Federal 
     requirements.
       ``(2) Limitation on applicability of other federal laws.--
     If a State does not meet a requirement of a Federal executive 
     order or law other than this Act under paragraph (1), such 
     Federal law shall only apply to Federal funds deposited in 
     the water pollution control revolving fund established by the 
     State in accordance with this title the first time such funds 
     are used to provide assistance from the revolving fund.''.
       (c) Guidance for Small Systems.--Section 602 (33 U.S.C. 
     1382) is amended by adding at the end the following new 
     subsection:
       ``(d) Guidance for Small Systems.--
       ``(1) Simplified procedures.--Not later than 1 year after 
     the date of the enactment of this subsection, the 
     Administrator shall assist the States in establishing 
     simplified procedures for small systems to obtain assistance 
     under this title.
       ``(2) Publication of manual.--Not later than 1 year after 
     the date of the enactment of this subsection, and after 
     providing notice and opportunity for public comment, the 
     Administrator shall publish a manual to assist small systems 
     in obtaining assistance under this title and publish in the 
     Federal Register notice of the availability of the manual.
       ``(3) Small system defined.--For purposes of this title, 
     the term `small system' means a system for which a 
     municipality or intermunicipal, interstate, or State agency 
     seeks assistance under this title and which serves a 
     population of 20,000 or less.''.

     SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

       (a) Activities Eligible for Assistance.--Section 603(c) (33 
     U.S.C. 1383(c)) is amended to read as follows:
       ``(c) Activities Eligible for Assistance.--
       ``(1) In general.--The amounts of funds available to each 
     State water pollution control revolving fund shall be used 
     only for providing financial assistance to activities which 
     have as a principal benefit the improvement or protection of 
     water quality of navigable waters to a municipality, 
     intermunicipal agency, interstate agency, State agency, or 
     other person. Such activities may include the following:
       ``(A) Construction of a publicly owned treatment works if 
     the recipient of such assistance is a municipality.
       ``(B) Implementation of lake protection programs and 
     projects under section 314.
       ``(C) Implementation of a management program under section 
     319.
       ``(D) Implementation of a conservation and management plan 
     under section 320.
       ``(E) Implementation of a watershed management plan under 
     section 321.
       ``(F) Implementation of a stormwater management program 
     under section 322.
       ``(G) Acquisition of property rights for the restoration or 
     protection of publicly or privately owned riparian areas.
       ``(H) Implementation of measures to improve the efficiency 
     of public water use.
       ``(I) Development and implementation of plans by a public 
     recipient to prevent water pollution.
       ``(J) Acquisition of lands necessary to meet any mitigation 
     requirements related to construction of a publicly owned 
     treatment works.
       ``(2) Fund amounts.--The water pollution control revolving 
     fund of a State shall be established, maintained, and 
     credited with repayments, and the fund balance shall be 
     available in perpetuity for providing financial assistance 
     described in paragraph (1). Fees charged by a State to 
     recipients of such assistance may be deposited in the fund 
     for the sole purpose of financing the cost of administration 
     of this title.''.
       (b) Extended Repayment Period for Disadvantaged 
     Communities.--Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is 
     amended--
       (1) in subparagraph (A) by inserting after ``20 years'' the 
     following: ``or, in the case of a disadvantaged community, 
     the lesser of 40 years or the expected life of the project to 
     be financed with the proceeds of the loan''; and
       (2) in subparagraph (B) by striking ``not later than 20 
     years after project completion'' and inserting ``upon the 
     expiration of the term of the loan''.
       (c) Loan Guarantees for Innovative Technology.--Section 
     603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as 
     follows:
       ``(5) to provide loan guarantees for--
       ``(A) similar revolving funds established by municipalities 
     or intermunicipal agencies; and
       ``(B) developing and implementing innovative 
     technologies.''.
       (d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 
     1383(d)(7)) is amended by inserting before the period at the 
     end the following: ``or $400,000 per year or \1/2\ percent 
     per year of the current valuation of such fund, whichever is 
     greater, plus the amount of any fees collected by the State 
     for such purpose under subsection (c)(2)''.
       (e) Technical and Planning Assistance for Small Systems.--
     Section 603(d) (33 U.S.C. 1383(d)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(8) to provide to small systems technical and planning 
     assistance and assistance in financial management, user fee 
     analysis, budgeting, capital improvement planning, facility 
     operation and maintenance, repair schedules, and other 
     activities to improve wastewater treatment plant operations; 
     except that such amounts shall not exceed 2 percent of all 
     grant awards to such fund under this title.''.
       (f) Consistency With Planning Requirements.--Section 603(f) 
     (33 U.S.C. 1383(f)) is amended--
       (1) by striking ``is consistent'' and inserting ``is not 
     inconsistent''; and
       (2) by striking ``and 320'' and inserting ``320, 321, and 
     322''.
       (g) Limitations on Construction Assistance.--Section 603(g) 
     (33 U.S.C. 1383(g)) is amended to read as follows:
       ``(g) Limitations on Construction Assistance.--The State 
     may provide financial assistance from its water pollution 
     control revolving fund with respect to a project for 
     construction of a publicly owned treatment works only if--
       ``(1) such project is on the State's priority list under 
     section 216 of this Act without regard to the rank of such 
     project on the State's priority list; and
       ``(2) the recipient of such assistance is a municipality in 
     any case in which the treatment works is privately owned.''.
       (h) Interest Rates.--Section 603 is further amended by 
     adding at the end the following:
       ``(i) Interest Rates.--In any case in which a State makes a 
     loan pursuant to subsection (d)(1) to a disadvantaged 
     community, the State may charge a negative interest rate of 
     not to exceed 2 percent to reduce the unpaid principal of the 
     loan. The aggregate amount of all such negative interest rate 
     loans the State makes in a fiscal year shall not exceed 20 
     percent of the aggregate amount of all loans made by the 
     State from its revolving loan fund in such fiscal year.
       ``(j) Disadvantaged Community Defined.--As used in this 
     section, the term `disadvantaged community' means the service 
     area of a publicly owned treatment works with respect to 
     which the average annual residential sewage treatment charges 
     for a user of the treatment works meet affordability criteria 
     established by the State in which the treatment works is 
     located (after providing for public review and comment) in 
     accordance with guidelines to be established by the 
     Administrator, in cooperation with the States.''.
       (i) Sale of Treatment Works.--Section 603 is further 
     amended by adding at the end the following:
       ``(k) Sale of Treatment Works.--
       ``(1) In general.--Notwithstanding any other provisions of 
     this Act, any State, municipality, intermunicipality, or 
     interstate agency may transfer by sale to a qualified private 
     sector entity all or part of a treatment works that is owned 
     by such agency and for which it received Federal financial 
     assistance under this Act if the transfer price will be 
     distributed, as amounts are received, in the following order:
       ``(A) First reimbursement of the agency of the unadjusted 
     dollar amount of the costs of construction of the treatment 
     works or part thereof plus any transaction and fix-up costs 
     incurred by the agency with respect to the transfer less the 
     amount of such Federal financial assistance provided with 
     respect to such costs.
       ``(B) If proceeds from the transfer remain after such 
     reimbursement, repayment of the Federal Government of the 
     amount of such Federal financial assistance less the 
     applicable share of accumulated depreciation on such 
     treatment works (calculated using In

[[Page 736]]

     ternal Revenue Service accelerated depreciation schedule 
     applicable to treatment works).
       ``(C) If any proceeds of such transfer remain after such 
     reimbursement and repayment, retention of the remaining 
     proceeds by such agency.
       ``(2) Release of condition.--Any requirement imposed by 
     regulation or policy for a showing that the treatment works 
     are no longer needed to serve their original purpose shall 
     not apply.
       ``(3) Selection of buyer.--A State, municipality, 
     intermunicipality, or interstate agency exercising the 
     authority granted by this subsection shall select a qualified 
     private sector entity on the basis of total net cost and 
     other appropriate criteria and shall utilize such competitive 
     bidding, direct negotiation, or other criteria and procedures 
     as may be required by State law.
       ``(l) Private Ownership of Treatment Works.--
       ``(1) Regulatory review.--The Administrator shall review 
     the law and any regulations, policies, and procedures of the 
     Environmental Protection Agency affecting the construction, 
     improvement, replacement, operation, maintenance, and 
     transfer of ownership of current and future treatment works 
     owned by a State, municipality, intermunicipality, or 
     interstate agency. If permitted by law, the Administrator 
     shall modify such regulations, policies, and procedures to 
     eliminate any obstacles to the construction, improvement, 
     replacement, operation, and maintenance of such treatment 
     works by qualified private sector entities.
       ``(2) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator shall submit 
     to Congress a report identifying any provisions of law that 
     must be changed in order to eliminate any obstacles referred 
     to in paragraph (1).
       ``(3) Definition.--For purposes of this section, the term 
     `qualified private sector entity' means any nongovernmental 
     individual, group, association, business, partnership, 
     organization, or privately or publicly held corporation 
     that--
       ``(A) has sufficient experience and expertise to discharge 
     successfully the responsibilities associated with 
     construction, operation, and maintenance of a treatment works 
     and to satisfy any guarantees that are agreed to in 
     connection with a transfer of treatment works under 
     subsection (k);
       ``(B) has the ability to assure protection against 
     insolvency and interruption of services through contractual 
     and financial guarantees; and
       ``(C) with respect to subsection (k), to the extent 
     consistent with the North American Free Trade Agreement and 
     the General Agreement on Tariffs and Trade--
       ``(i) is majority-owned and controlled by citizens of the 
     United States; and
       ``(ii) does not receive subsidies from a foreign 
     government.''.

     SEC. 604. ALLOTMENT OF FUNDS.

       (a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is 
     amended to read as follows:
       ``(a) Formula for Fiscal Years 1996-2000.--Sums authorized 
     to be appropriated pursuant to section 607 for each of fiscal 
     years 1996, 1997, 1998, 1999, and 2000 shall be allotted for 
     such year by the Administrator not later than the 10th day 
     which begins after the date of the enactment of the Clean 
     Water Amendments of 1995. Sums authorized for each such 
     fiscal year shall be allotted in accordance with the 
     following table:

``States:                                Percentage of sums authorized:
  Alabama.......................................................0.7736 
  Alaska........................................................0.2500 
  Arizona.......................................................1.1526 
  Arkansas......................................................0.3853 
  California....................................................9.3957 
  Colorado......................................................0.6964 
  Connecticut...................................................1.3875 
  Delaware......................................................0.2500 
  District of Columbia..........................................0.3203 
  Florida.......................................................3.4696 
  Georgia.......................................................2.0334 
  Hawaii........................................................0.2629 
  Idaho.........................................................0.2531 
  Illinois......................................................5.6615 
  Indiana.......................................................3.1304 
  Iowa..........................................................0.6116 
  Kansas........................................................0.8749 
  Kentucky......................................................1.3662 
  Louisiana.....................................................1.0128 
  Maine.........................................................0.6742 
  Maryland......................................................1.6701 
  Massachusetts.................................................4.3755 
  Michigan......................................................3.8495 
  Minnesota.....................................................1.3275 
  Mississippi...................................................0.6406 
  Missouri......................................................1.7167 
  Montana.......................................................0.2500 
  Nebraska......................................................0.4008 
  Nevada........................................................0.2500 
  New Hampshire.................................................0.4791 
  New Jersey....................................................4.7219 
  New Mexico....................................................0.2500 
  New York.....................................................14.7435 
  North Carolina................................................2.5920 
  North Dakota..................................................0.2500 
  Ohio..........................................................4.9828 
  Oklahoma......................................................0.6273 
  Oregon........................................................1.2483 
  Pennsylvania..................................................4.2431 
  Rhode Island..................................................0.4454 
  South Carolina................................................0.7480 
  South Dakota..................................................0.2500 
  Tennessee.....................................................1.4767 
  Texas.........................................................4.6773 
  Utah..........................................................0.2937 
  Vermont.......................................................0.2722 
  Virginia......................................................2.4794 
  Washington....................................................2.2096 
  West Virginia.................................................1.4346 
  Wisconsin.....................................................1.4261 
  Wyoming.......................................................0.2500 
  Puerto Rico...................................................1.0866 
  Northern Marianas.............................................0.0308 
  American Samoa................................................0.0908 
  Guam..........................................................0.0657 
  Palau.........................................................0.1295 
  Virgin Islands.............................................0.0527.''.
       (b) Conforming Amendment.--Section 604(c)(2) is amended by 
     striking ``title II of this Act'' and inserting ``this 
     title''.

     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       Section 607 (33 U.S.C. 1387(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) such sums as may be necessary for fiscal year 1995;
       ``(7) $2,250,000,000 for fiscal year 1996;
       ``(8) $2,300,000,000 for fiscal year 1997;
       ``(9) $2,300,000,000 for fiscal year 1998;
       ``(10) $2,300,000,000 for fiscal year 1999; and
       ``(11) $2,300,000,000 for fiscal year 2000.''.
                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. TECHNICAL AMENDMENTS.

       (a) Section 118.--Section 118(c)(1)(A) (33 U.S.C. 
     1268(c)(1)(A)) is amended by striking the last comma.
       (b) Section 120.--Section 120(d) (33 U.S.C. 1270(d)) is 
     amended by striking ``(1)''.
       (c) Section 204.--Section 204(a)(3) (33 U.S.C. 1284(a)(3)) 
     is amended by striking the final period and inserting a 
     semicolon.
       (d) Section 205.--Section 205 (33 U.S.C. 1285) is amended--
       (1) in subsection (c)(2) by striking ``and 1985'' and 
     inserting ``1985, and 1986'';
       (2) in subsection (c)(2) by striking ``through 1985'' and 
     inserting ``through 1986'';
       (3) in subsection (g)(1) by striking the period following 
     ``4 per centum''; and
       (4) in subsection (m)(1)(B) by striking ``this'' the last 
     place it appears and inserting ``such''.
       (e) Section 208.--Section 208 (33 U.S.C. 1288) is amended--
       (1) in subsection (h)(1) by striking ``designed'' and 
     inserting ``designated''; and
       (2) in subsection (j)(1) by striking ``September 31, 1988'' 
     and inserting ``September 30, 1988''.
       (f) Section 301.--Section 301(j)(1)(A) (33 U.S.C. 
     1311(j)(1)(A)) is amended by striking ``that'' the first 
     place it appears and inserting ``than''.
       (g) Section 309.--Section 309(d) (33 U.S.C. 1319(d)) is 
     amended by striking the second comma following ``Act by a 
     State''.
       (h) Section 311.--Section 311 (33 U.S.C. 1321) is amended--
       (1) in subsection (b) by moving paragraph (12) (including 
     subparagraphs (A), (B) and (C)) 2 ems to the right; and
       (2) in subsection (h)(2) by striking ``The'' and inserting 
     ``the''.
       (i) Section 505.--Section 505(f) (33 U.S.C. 1365(f)) is 
     amended by striking the last comma.
       (j) Section 516.--Section 516 (33 U.S.C. 1375) is amended 
     by redesignating subsection (g) as subsection (f).
       (k) Section 518.--Section 518(f) (33 U.S.C. 1377(f)) is 
     amended by striking ``(d)'' and inserting ``(e)''.

     SEC. 702. JOHN A. BLATNIK NATIONAL FRESH WATER QUALITY 
                   RESEARCH LABORATORY.

       (a) Designation.--The laboratory and research facility 
     established pursuant to section 104(e) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1254(e)) that is located in 
     Duluth, Minnesota, shall be known and designated as the 
     ``John A. Blatnik National Fresh Water Quality Research 
     Laboratory''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     laboratory and research facility referred to in subsection 
     (a) shall be deemed to be a reference to the ``John A. 
     Blatnik National Fresh Water Quality Research Laboratory''.

     SEC. 703. WASTEWATER SERVICE FOR COLONIAS.

       (a) Grant Assistance.--The Administrator may make grants to 
     States along the United States-Mexico border to provide 
     assistance for planning, design, and construction of 
     treatment works and appropriate connections to provide 
     wastewater service to the communities along such border 
     commonly known as ``colonias''.
       (b) Treatment Works Defined.--For purposes of this section, 
     the term ``treatment works'' has the meaning such term has 
     under section 212 of the Federal Water Pollution Control Act.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under subsection (a) 
     $50,000,000 for fiscal year 1996. Such sums shall remain 
     available until expended.

     SEC. 704. SAVINGS IN MUNICIPAL DRINKING WATER COSTS.

       (a) Study.--The Administrator of the Environmental 
     Protection Agency, in consultation with the Director of the 
     Office of Management and Budget, shall review, analyze, and 
     compile information on the annual savings that municipalities 
     realize in the construction, operation, and maintenance of 
     drinking water facilities as a result of actions taken under 
     the Federal Water Pollution Control Act.
       (b) Contents.--The study conducted under subsection (a), at 
     a minimum, shall contain an examination of the following 
     elements:
       (1) Savings to municipalities in the construction of 
     drinking water filtration facili

[[Page 737]]

     ties resulting from actions taken under the Federal Water 
     Pollution Control Act.
       (2) Savings to municipalities in the operation and 
     maintenance of drinking water facilities resulting from 
     actions taken under such Act.
       (3) Savings to municipalities in health expenditures 
     resulting from actions taken under such Act.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report containing the results of the study 
     conducted under subsection (a).
            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Comprehensive Wetlands 
     Conservation and Management Act of 1995''.

     SEC. 802. FINDINGS AND STATEMENT OF PURPOSE.

       (a) Findings.--Congress finds that--
       (1) wetlands play an integral role in maintaining the 
     quality of life through material contributions to our 
     national economy, food supply, water supply and quality, 
     flood control, and fish, wildlife, and plant resources, and 
     thus to the health, safety, recreation and economic well-
     being of citizens throughout the Nation;
       (2) wetlands serve important ecological and natural 
     resource functions, such as providing essential nesting and 
     feeding habitat for waterfowl, other wildlife, and many rare 
     and endangered species, fisheries habitat, the enhancement of 
     water quality, and natural flood control;
       (3) much of the Nation's resource has sustained significant 
     degradation, resulting in the need for effective programs to 
     limit the loss of ecologically significant wetlands and to 
     provide for long-term restoration and enhancement of the 
     wetlands resource base;
       (4) most of the loss of wetlands in coastal Louisiana is 
     not attributable to human activity;
       (5) because 75 percent of the Nation's wetlands in the 
     lower 48 States are privately owned and because the majority 
     of the Nation's population lives in or near wetlands areas, 
     an effective wetlands conservation and management program 
     must reflect a balanced approach that conserves and enhances 
     important wetlands values and functions while observing 
     private property rights, recognizing the need for essential 
     public infrastructure, such as highways, ports, airports, 
     pipelines, sewer systems, and public water supply systems, 
     and providing the opportunity for sustained economic growth;
       (6) while wetlands provide many varied economic and 
     environmental benefits, they also present health risks in 
     some instances where they act as breeding grounds for insects 
     that are carriers of human and animal diseases;
       (7) the Federal permit program established under section 
     404 of the Federal Water Pollution Control Act was not 
     originally conceived as a wetlands regulatory program and is 
     insufficient to ensure that the Nation's wetlands resource 
     base will be conserved and managed in a fair and 
     environmentally sound manner; and
       (8) navigational dredging plays a vital role in the 
     Nation's economy and, while adequate safeguards for aquatic 
     resources must be maintained, it is essential that the 
     regulatory process be streamlined.
       (b) Purpose.--The purpose of this title is to establish a 
     new Federal regulatory program for certain wetlands and 
     waters of the United States--
       (1) to assert Federal regulatory jurisdiction over a broad 
     category of specifically identified activities that result in 
     the degradation or loss of wetlands;
       (2) to provide that each Federal agency, officer, and 
     employee exercise Federal authority under section 404 of the 
     Federal Water Pollution Control Act to ensure that agency 
     action under such section will not limit the use of privately 
     owned property so as to diminish its value;
       (3) to account for variations in wetlands functions in 
     determining the character and extent of regulation of 
     activities occurring in wetlands areas;
       (4) to provide sufficient regulatory incentives for 
     conservation, restoration, or enhancement activities;
       (5) to encourage conservation of resources on a watershed 
     basis to the fullest extent practicable;
       (6) to protect public safety and balance public and private 
     interests in determining the conditions under which activity 
     in wetlands areas may occur; and
       (7) to streamline the regulatory mechanisms relating to 
     navigational dredging in the Nation's waters.

     SEC. 803. WETLANDS CONSERVATION AND MANAGEMENT.

       Title IV (33 U.S.C. 1341 et seq.) is further amended by 
     striking section 404 and inserting the following new section:

     ``SEC. 404. PERMITS FOR ACTIVITIES IN WETLANDS OR WATERS OF 
                   THE UNITED STATES.

       ``(a) Prohibited Activities.--No person shall undertake an 
     activity in wetlands or waters of the United States unless 
     such activity is undertaken pursuant to a permit issued by 
     the Secretary or is otherwise authorized under this section.
       ``(b) Authorized Activities.--
       ``(1) Permits.--The Secretary is authorized to issue 
     permits authorizing an activity in wetlands or waters of the 
     United States in accordance with the requirements of this 
     section.
       ``(2) Nonpermit activities.--An activity in wetlands or 
     waters of the United States may be undertaken without a 
     permit from the Secretary if that activity is authorized 
     under subsection (e)(6) or (e)(8) or is exempt from the 
     requirements of this section under subsection (f) or other 
     provisions of this section.
       ``(c) Wetlands Classification.--
       ``(1) Regulations; applications.--
       ``(A) Deadline for issuance of regulations.--Not later than 
     1 year after the date of the enactment of the Comprehensive 
     Wetlands Conservation and Management Act of 1995, the 
     Secretary, in consultation with the States, shall issue 
     regulations to classify wetlands as type A, type B, or type C 
     wetlands depending on the relative ecological significance of 
     the wetlands.
       ``(B) Application requirement.--Any person seeking to 
     undertake activities in wetlands or waters of the United 
     States for which a permit is required under this section 
     shall make application to the Secretary identifying the site 
     of such activity and requesting that the Secretary determine, 
     in accordance with paragraph (3) of this subsection, the 
     classification of the wetlands in which such activity is 
     proposed to occur. The applicant may also provide such 
     additional information regarding such proposed activity as 
     may be necessary or appropriate for purposes of determining 
     the classification of such wetlands or whether and under what 
     conditions the proposed activity may be permitted to occur.
       ``(2) Deadlines for classifications.--
       ``(A) General rule.--Except as provided in subparagraph (B) 
     of this paragraph, within 90 days following the receipt of an 
     application under paragraph (1), the Secretary shall provide 
     notice to the applicant of the classification of the wetlands 
     that are the subject of such application and shall state in 
     writing the basis for such classification. The classification 
     of the wetlands that are the subject of the application shall 
     be determined by the Secretary in accordance with the 
     requirements for classification of wetlands under paragraph 
     (3) and subsection (i).
       ``(B) Rule for advance classifications.--In the case of an 
     application proposing activities located in wetlands that are 
     the subject of an advance classification under subsection 
     (h), the Secretary shall provide notice to the applicant of 
     such classification within thirty days following the receipt 
     of such application, and shall provide an opportunity for 
     review of such classification under paragraph (5) and 
     subsection (i).
       ``(3) Classification system.--Upon application under this 
     subsection, the Secretary shall--
       ``(A) classify as type A wetlands those wetlands that are 
     of critical significance to the long-term conservation of the 
     aquatic environment of which such wetlands are a part and 
     which meet the following requirements:
       ``(i) such wetlands serve critical wetlands functions, 
     including the provision of critical habitat for a 
     concentration of avian, aquatic, or wetland dependent 
     wildlife;
       ``(ii) such wetlands consist of or may be a portion of ten 
     or more contiguous acres and have an inlet or outlet for 
     relief of water flow; except that this requirement shall not 
     operate to preclude the classification as type A wetlands 
     lands containing prairie pothole features, playa lakes, or 
     vernal pools if such lands otherwise meet the requirements 
     for type A classification under this paragraph based on 
     verifiable, objective science;
       ``(iii) there exists a scarcity within the watershed or 
     aquatic environment of identified functions served by such 
     wetlands such that the use of such wetlands for an activity 
     in wetlands or waters of the United States would seriously 
     jeopardize the availability of these identified wetlands 
     functions; and
       ``(iv) there is unlikely to be an overriding public 
     interest in the use of such wetlands for purposes other than 
     conservation;
       ``(B) classify as type B wetlands those wetlands that 
     provide habitat for a significant population of wetland 
     dependent wildlife or provide other significant wetlands 
     functions, including significant enhancement or protection of 
     water quality or significant natural flood control; and
       ``(C) classify as type C wetlands all wetlands that--
       ``(i) serve limited wetlands functions;
       ``(ii) serve marginal wetlands functions but which exist in 
     such abundance that regulation of activities in such wetlands 
     is not necessary for conserving important wetlands functions;
       ``(iii) are fastlands; or
       ``(iv) are wetlands within industrial, commercial, or 
     residential complexes or other intensely developed areas that 
     do not serve significant wetlands functions as a result of 
     such location.
       ``(4) Request for determination of jurisdiction.--
       ``(A) In general.--A person who holds an ownership interest 
     in property, or who has written authorization from such a 
     person, may submit a request to the Secretary identifying the 
     property and requesting the Secretary to make one or more of 
     the following determinations with respect to the property:
       ``(i) Whether the property contains waters of the United 
     States.
       ``(ii) If the determination under clause (i) is made, 
     whether any portion of the waters meets the requirements for 
     delineation as wetland under subsection (g).
       ``(iii) If the determination under clause (ii) is made, the 
     classification of each wetland on the property under this 
     subsection.
       ``(B) Provision of information.--The person shall provide 
     such additional informa

[[Page 738]]

     tion as may be necessary to make each determination requested 
     under subparagraph (A).
       ``(C) Determination and notification by the secretary.--Not 
     later than 90 days after receipt of a request under 
     subparagraph (A), the Secretary shall--
       ``(i) notify the person submitting the request of each 
     determination made by the Secretary pursuant to the request; 
     and
       ``(ii) provide written documentation of each determination 
     and the basis for each determination.
       ``(D) Authority to seek immediate review.--Any person 
     authorized under this paragraph to request a jurisdictional 
     determination may seek immediate judicial review of any such 
     jurisdictional determination or may proceed under subsection 
     (i).
       ``(5) De novo determination after advance classification.--
     Within 30 days of receipt of notice of an advance 
     classification by the Secretary under paragraph (2)(B) of 
     this subsection, an applicant may request the Secretary to 
     make a de novo determination of the classification of 
     wetlands that are the subject of such notice.
       ``(d) Right to Compensation.--
       ``(1) In general.--The Federal Government shall compensate 
     an owner of property whose use of any portion of that 
     property has been limited by an agency action under this 
     section that diminishes the fair market value of that portion 
     by 20 percent or more. The amount of the compensation shall 
     equal the diminution in value that resulted from the agency 
     action. If the diminution in value of a portion of that 
     property is greater than 50 percent, at the option of the 
     owner, the Federal Government shall buy that portion of the 
     property for its fair market value.
       ``(2) Duration of limitation on use.--Property with respect 
     to which compensation has been paid under this section shall 
     not thereafter be used contrary to the limitation imposed by 
     the agency action, even if that action is later rescinded or 
     otherwise vitiated. However, if that action is later 
     rescinded or otherwise vitiated, and the owner elects to 
     refund the amount of the compensation, adjusted for 
     inflation, to the Treasury of the United States, the property 
     may be so used.
       ``(3) Effect of state law.--If a use is a nuisance as 
     defined by the law of a State or is already prohibited under 
     a local zoning ordinance, no compensation shall be made under 
     this section with respect to a limitation on that use.
       ``(4) Exceptions.--
       ``(A) Prevention of hazard to health or safety or damage to 
     specific property.--No compensation shall be made under this 
     section with respect to an agency action the primary purpose 
     of which is to prevent an identifiable--
       ``(i) hazard to public health or safety; or
       ``(ii) damage to specific property other than the property 
     whose use is limited.
       ``(B) Navigation servitude.--No compensation shall be made 
     under this section with respect to an agency action pursuant 
     to the Federal navigation servitude, as defined by the courts 
     of the United States, except to the extent such servitude is 
     interpreted to apply to wetlands.
       ``(5) Procedure.--
       ``(A) Request of owner.--An owner seeking compensation 
     under this section shall make a written request for 
     compensation to the agency whose agency action resulted in 
     the limitation. No such request may be made later than 180 
     days after the owner receives actual notice of that agency 
     action.
       ``(B) Negotiations.--The agency may bargain with that owner 
     to establish the amount of the compensation. If the agency 
     and the owner agree to such an amount, the agency shall 
     promptly pay the owner the amount agreed upon.
       ``(C) Choice of remedies.--If, not later than 180 days 
     after the written request is made, the parties do not come to 
     an agreement as to the right to and amount of compensation, 
     the owner may choose to take the matter to binding 
     arbitration or seek compensation in a civil action.
       ``(D) Arbitration.--The procedures that govern the 
     arbitration shall, as nearly as practicable, be those 
     established under title 9, United States Code, for 
     arbitration proceedings to which that title applies. An award 
     made in such arbitration shall include a reasonable 
     attorney's fee and other arbitration costs (including 
     appraisal fees). The agency shall promptly pay any award made 
     to the owner.
       ``(E) Civil action.--An owner who does not choose 
     arbitration, or who does not receive prompt payment when 
     required by this section, may obtain appropriate relief in a 
     civil action against the agency. An owner who prevails in a 
     civil action under this section shall be entitled to, and the 
     agency shall be liable for, a reasonable attorney's fee and 
     other litigation costs (including appraisal fees). The court 
     shall award interest on the amount of any compensation from 
     the time of the limitation.
       ``(F) Source of payments.--Any payment made under this 
     section to an owner and any judgment obtained by an owner in 
     a civil action under this section shall, notwithstanding any 
     other provision of law, be made from the annual appropriation 
     of the agency whose action occasioned the payment or 
     judgment. If the agency action resulted from a requirement 
     imposed by another agency, then the agency making the payment 
     or satisfying the judgment may seek partial or complete 
     reimbursement from the appropriated funds of the other 
     agency. For this purpose the head of the agency concerned may 
     transfer or reprogram any appropriated funds available to the 
     agency. If insufficient funds exist for the payment or to 
     satisfy the judgment, it shall be the duty of the head of the 
     agency to seek the appropriation of such funds for the next 
     fiscal year.
       ``(6) Limitation.--Notwithstanding any other provision of 
     law, any obligation of the United States to make any payment 
     under this section shall be subject to the availability of 
     appropriations.
       ``(7) Duty of notice to owners.--Whenever an agency takes 
     an agency action limiting the use of private property, the 
     agency shall give appropriate notice to the owners of that 
     property directly affected explaining their rights under this 
     section and the procedures for obtaining any compensation 
     that may be due to them under this section.
       ``(8) Rules of construction.--
       ``(A) Effect on constitutional right to compensation.--
     Nothing in this section shall be construed to limit any right 
     to compensation that exists under the Constitution, laws of 
     the United States, or laws of any State.
       ``(B) Effect of payment.--Payment of compensation under 
     this section (other than when the property is bought by the 
     Federal Government at the option of the owner) shall not 
     confer any rights on the Federal Government other than the 
     limitation on use resulting from the agency action.
       ``(9) Treatment of certain actions.--A diminution in value 
     under this subsection shall apply to surface interests in 
     lands only or water rights allocated under State law; except 
     that--
       ``(A) if the Secretary determines that the exploration for 
     or development of oil and gas or mineral interests is not 
     compatible with limitations on use related to the surface 
     interests in lands that have been classified as type A or 
     type B wetlands located above such oil and gas or mineral 
     interests (or located adjacent to such oil and gas or mineral 
     interests where such adjacent lands are necessary to provide 
     reasonable access to such interests), the Secretary shall 
     notify the owner of such interests that the owner may elect 
     to receive compensation for such interests under paragraph 
     (1); and
       ``(B) the failure to provide reasonable access to oil and 
     gas or mineral interests located beneath or adjacent to 
     surface interests of type A or type B wetlands shall be 
     deemed a diminution in value of such oil and gas or mineral 
     interests.
       ``(10) Jurisdiction.--The arbitrator or court under 
     paragraph (5)(D) or (5)(E) of this subsection, as the case 
     may be, shall have jurisdiction, in the case of oil and gas 
     or mineral interests, to require the United States to provide 
     reasonable access in, across, or through lands that may be 
     the subject of a diminution in value under this subsection 
     solely for the purpose of undertaking activity necessary to 
     determine the value of the interests diminished and to 
     provide other equitable remedies deemed appropriate.
       ``(11) Limitations on statutory construction.--No action 
     under this subsection shall be construed--
       ``(A) to impose any obligation on any State or political 
     subdivision thereof to compensate any person, even in the 
     event that the Secretary has approved a land management plan 
     under subsection (f)(2) or an individual and general permit 
     program under subsection (l); or
       ``(B) to alter or supersede requirements governing use of 
     water applicable under State law.
       ``(e) Requirements Applicable to Permitted Activity.--
       ``(1) Issuance or denial of permits.--Following the 
     determination of wetlands classification pursuant to 
     subsection (c) if applicable, and after compliance with the 
     requirements of subsection (d) if applicable, the Secretary 
     may issue or deny permits for authorization to undertake 
     activities in wetlands or waters of the United States in 
     accordance with the requirements of this subsection.
       ``(2) Type a wetlands.--
       ``(A) Analysis.--The Secretary shall determine whether to 
     issue a permit for an activity in waters of the United States 
     classified under subsection (c) as type A wetlands based on--
       ``(i) a sequential analysis that seeks, to the maximum 
     extent practicable, to--

       ``(I) avoid adverse impact on the wetlands;
       ``(II) minimize such adverse impact on wetlands functions 
     that cannot be avoided; and
       ``(III) compensate for any loss of wetland functions that 
     cannot be avoided or minimized; and

       ``(ii) the public interest analysis described in paragraph 
     (3).
       ``(B) Water dependent activity.--For purposes of 
     subparagraph (A)(i)(I), if an activity is water dependent, an 
     alternative in an area that is not wetlands or waters of the 
     United States shall not be presumed to be available. A water 
     dependent activity is an activity that requires access or 
     proximity to or siting within the wetlands or waters of the 
     United States in question to fulfill its basic purpose.
       ``(C-) Mitigation terms and conditions.--Any permit issued 
     authorizing activities in type A wetlands may contain such 
     terms and conditions concerning mitigation (including those 
     applicable under paragraph (3) for type B wetlands) that the 
     Secretary deems appropriate to prevent the unacceptable loss 
     or degradation of type A wetlands. The Secretary shall deem 
     the mitigation requirement of this section to be met with 
     respect to activities in type A wetlands if such activities 
     (i) are carried out in accordance with a State-approved 
     reclamation plan or permit which requires recontouring and 
     revegeta

[[Page 739]]

     tion following mining, and (ii) will result in overall 
     environmental benefits being achieved.
       ``(3) Type b wetlands.--
       ``(A) General rule.--The Secretary may issue a permit 
     authorizing activities in type B wetlands if the Secretary 
     finds that issuance of the permit is in the public interest, 
     balancing the reasonably foreseeable benefits and detriments 
     resulting from the issuance of the permit. The permit shall 
     be subject to such terms and conditions as the Secretary 
     finds are necessary to carry out the purposes of the 
     Comprehensive Wetlands Conservation and Management Act of 
     1995. In determining whether or not to issue the permit and 
     whether or not specific terms and conditions are necessary to 
     avoid a significant loss of wetlands functions, the Secretary 
     shall consider the following factors:
       ``(i) The quality and quantity of significant functions 
     served by the areas to be affected.
       ``(ii) The opportunities to reduce impacts through cost 
     effective design to minimize use of wetlands areas.
       ``(iii) The costs of mitigation requirements and the 
     social, recreational, and economic benefits associated with 
     the proposed activity, including local, regional, or national 
     needs for improved or expanded infrastructure, minerals, 
     energy, food production, or recreation.
       ``(iv) The ability of the permittee to mitigate wetlands 
     loss or degradation as measured by wetlands functions.
       ``(v) The environmental benefit, measured by wetlands 
     functions, that may occur through mitigation efforts, 
     including restoring, preserving, enhancing, or creating 
     wetlands values and functions.
       ``(vi) The marginal impact of the proposed activity on the 
     watershed of which such wetlands are a part.
       ``(vii) Whether the impact on the wetlands is temporary or 
     permanent.
       ``(B) Determination of project purpose.--In considering an 
     application for activities on type B wetlands, there shall be 
     a rebuttable presumption that the project purpose as defined 
     by the applicant shall be binding upon the Secretary. The 
     definition of project purpose for projects sponsored by 
     public agencies shall be binding upon the Secretary, subject 
     to the authority of the Secretary to impose mitigation 
     requirements to minimize impacts on wetlands values and 
     functions, including cost effective redesign of projects on 
     the proposed project site.
       ``(C) Mitigation requirements.--Except as otherwise 
     provided in this section, requirements for mitigation shall 
     be imposed when the Secretary finds that activities 
     undertaken under this section will result in the loss or 
     degradation of type B wetlands functions where such loss or 
     degradation is not a temporary or incidental impact. When 
     determining mitigation requirements in any specific case, the 
     Secretary shall take into consideration the type of wetlands 
     affected, the character of the impact on wetland functions, 
     whether any adverse effects on wetlands are of a permanent or 
     temporary nature, and the cost effectiveness of such 
     mitigation and shall seek to minimize the costs of such 
     mitigation. Such mitigation requirement shall be calculated 
     based upon the specific impact of a particular project. The 
     Secretary shall deem the mitigation requirement of this 
     section to be met with respect to activities in type B 
     wetlands if such activities (i) are carried out in accordance 
     with a State-approved reclamation plan or permit which 
     requires recontouring and revegetation following mining, and 
     (ii) will result in overall environmental benefits being 
     achieved.
       ``(D) Rules governing mitigation.--In accordance with 
     subsection (j), the Secretary shall issue rules governing 
     requirements for mitigation for activities occurring in 
     wetlands that allow for--
       ``(i) minimization of impacts through project design in the 
     proposed project site consistent with the project's purpose, 
     provisions for compensatory mitigation, if any, and other 
     terms and conditions necessary and appropriate in the public 
     interest;
       ``(ii) preservation or donation of type A wetlands or type 
     B wetlands (where title has not been acquired by the United 
     States and no compensation under subsection (d) for such 
     wetlands has been provided) as mitigation for activities that 
     alter or degrade wetlands;
       ``(iii) enhancement or restoration of degraded wetlands as 
     compensation for wetlands lost or degraded through permitted 
     activity;
       ``(iv) creation of wetlands as compensation for wetlands 
     lost or degraded through permitted activity if conditions are 
     imposed that have a reasonable likelihood of being 
     successful;
       ``(v) compensation through contribution to a mitigation 
     bank program established pursuant to paragraph (4);
       ``(vi) offsite compensatory mitigation if such mitigation 
     contributes to the restoration, enhancement or creation of 
     significant wetlands functions on a watershed basis and is 
     balanced with the effects that the proposed activity will 
     have on the specific site; except that offsite compensatory 
     mitigation, if any, shall be required only within the State 
     within which the proposed activity is to occur, and shall, to 
     the extent practicable, be within the watershed within which 
     the proposed activity is to occur, unless otherwise 
     consistent with a State wetlands management plan;
       ``(vii) contribution of in-kind value acceptable to the 
     Secretary and otherwise authorized by law;
       ``(viii) in areas subject to wetlands loss, the 
     construction of coastal protection and enhancement projects;
       ``(ix) contribution of resources of more than one permittee 
     toward a single mitigation project; and
       ``(x) other mitigation measures, including contributions of 
     other than in-kind value referred to in clause (vii), 
     determined by the Secretary to be appropriate in the public 
     interest and consistent with the requirements and purposes of 
     this Act.
       ``(E) Limitations on requiring mitigation.--Notwithstanding 
     the provisions of subparagraph (C), the Secretary may 
     determine not to impose requirements for compensatory 
     mitigation if the Secretary finds that--
       ``(i) the adverse impacts of a permitted activity are 
     limited;
       ``(ii) the failure to impose compensatory mitigation 
     requirements is compatible with maintaining wetlands 
     functions;
       ``(iii) no practicable and reasonable means of mitigation 
     are available;
       ``(iv) there is an abundance of similar significant 
     wetlands functions and values in or near the area in which 
     the proposed activity is to occur that will continue to serve 
     the functions lost or degraded as a result of such activity, 
     taking into account the impacts of such proposed activity and 
     the cumulative impacts of similar activity in the area;
       ``(v) the temporary character of the impacts and the use of 
     minimization techniques make compensatory mitigation 
     unnecessary to protect significant wetlands values; or
       ``(vi) a waiver from requirements for compensatory 
     mitigation is necessary to prevent special hardship.
       ``(4) Mitigation banks.--
       ``(A) Establishment.--Not later than 6 months after the 
     date of the enactment of this subparagraph, after providing 
     notice and opportunity for public review and comment, the 
     Secretary shall issue regulations for the establishment, use, 
     maintenance, and oversight of mitigation banks. The 
     regulations shall be developed in consultation with the heads 
     of other appropriate Federal agencies.
       ``(B) Provisions and requirements.--The regulations issued 
     pursuant to subparagraph (A) shall ensure that each 
     mitigation bank--
       ``(i) provides for the chemical, physical, and biological 
     functions of wetlands or waters of the United States which 
     are lost as a result of authorized adverse impacts to 
     wetlands or other waters of the United States;
       ``(ii) to the extent practicable and environmentally 
     desirable, provides in-kind replacement of lost wetlands 
     functions and be located in, or in proximity to, the same 
     watershed or designated geographic area as the affected 
     wetlands or waters of the United States;
       ``(iii) be operated by a public or private entity which has 
     the financial capability to meet the requirements of this 
     paragraph, including the deposit of a performance bond or 
     other appropriate demonstration of financial responsibility 
     to support the long-term maintenance of the bank, fulfill 
     responsibilities for long-term monitoring, maintenance, and 
     protection, and provide for the long-term security of 
     ownership interests of wetlands and uplands on which projects 
     are conducted to protect the wetlands functions associated 
     with the mitigation bank;
       ``(iv) employ consistent and scientifically sound methods 
     to determine debits by evaluating wetlands functions, project 
     impacts, and duration of the impact at the sites of proposed 
     permits for authorized activities pursuant to this section 
     and to determine credits based on wetlands functions at the 
     site of the mitigation bank;
       ``(v) provide for the transfer of credits for mitigation 
     that has been performed and for mitigation that shall be 
     performed within a designated time in the future, provided 
     that financial bonds shall be posted in sufficient amount to 
     ensure that the mitigation will be performed in the case of 
     default;
       ``(vi) provide, where appropriate, for dual use of wetlands 
     within the mitigation bank, as long as the use other than 
     providing compensatory mitigation under this section (I) 
     shall not interfere with the functioning of such bank for 
     providing such mitigation, and (II) shall not adversely 
     impact wetlands or other waters of the United States; and
       ``(vii) provide opportunity for public notice of and 
     comment on proposals for the mitigation banks; except that 
     any process utilized by a mitigation bank to obtain a permit 
     authorizing operations under this section before the date of 
     the enactment of the Comprehensive Wetlands Conservation and 
     Management Act of 1995 satisfies the requirement for such 
     public notice and comment.
       ``(5) Procedures and deadlines for final action.--
       ``(A) Opportunity for public comment.--Not later than 15 
     days after receipt of a complete application for a permit 
     under this section, together with information necessary to 
     consider such application, the Secretary shall publish notice 
     that the application has been received and shall provide 
     opportunity for public comment and, to the extent 
     appropriate, opportunity for a public hearing on the issuance 
     of the permit.
       ``(B) General procedures.--In the case of any application 
     for authorization to undertake activities in wetlands or 
     waters of the United States that are not eligible for 
     treatment on an expedited basis pursuant to paragraph (8), 
     final action by the Secretary shall occur within 90 days 
     following the date such application is filed, unless--
       ``(i) the Secretary and the applicant agree that such final 
     action shall occur within a longer period of time;

[[Page 740]]

       ``(ii) the Secretary determines that an additional, 
     specified period of time is necessary to permit the Secretary 
     to comply with other applicable Federal law; except that if 
     the Secretary is required under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) to prepare an 
     environmental impact statement, with respect to the 
     application, the final action shall occur not later than 45 
     days following the date such statement is filed; or
       ``(iii) the Secretary, within 15 days from the date such 
     application is received, notifies the applicant that such 
     application does not contain all information necessary to 
     allow the Secretary to consider such application and 
     identifies any necessary additional information, in which 
     case, the provisions of subparagraph (C) shall apply.
       ``(C) Special rule when additional information is 
     required.--Upon the receipt of a request for additional 
     information under subparagraph (B)(iii), the applicant shall 
     supply such additional information and shall advise the 
     Secretary that the application contains all requested 
     information and is therefore complete. The Secretary may--
       ``(i) within 30 days of the receipt of notice of the 
     applicant that the application is complete, determine that 
     the application does not contain all requested additional 
     information and, on that basis, deny the application without 
     prejudice to resubmission; or
       ``(ii) within 90 days from the date that the applicant 
     provides notification to the Secretary that the application 
     is complete, review the application and take final action.
       ``(D) Effect of not meeting deadline.--If the Secretary 
     fails to take final action on an application under this 
     paragraph within 90 days from the date that the applicant 
     provides notification to the Secretary that such application 
     is complete, a permit shall be presumed to be granted 
     authorizing the activities proposed in such application under 
     such terms and conditions as are stated in such completed 
     application.
       ``(6) Type c wetlands.--Activities in wetlands that have 
     been classified as type C wetlands by the Secretary may be 
     undertaken without authorization required under subsection 
     (a) of this section.
       ``(7) States with substantial conserved wetlands.--
       ``(A) In general.--With respect to type A and type B 
     wetlands in States with substantial conserved wetlands areas, 
     at the option of the permit applicant, the Secretary shall 
     issue permits authorizing activities in such wetlands 
     pursuant to this paragraph. Final action on issuance of such 
     permits shall be in accordance with the procedures and 
     deadlines of paragraph (5). The Secretary may include 
     conditions or requirements for minimization of adverse 
     impacts to wetlands functions when minimization is 
     economically practicable. No permit to which this paragraph 
     applies shall include conditions, requirements, or standards 
     for mitigation to compensate for adverse impacts to wetlands 
     or waters of the United States or conditions, requirements, 
     or standards for avoidance of adverse impacts to wetlands or 
     waters of the United States.
       ``(B) Economic base lands.--Upon application by the owner 
     of economic base lands in a State with substantial conserved 
     wetlands areas, the Secretary shall issue individual and 
     general permits to owners of such lands for activities in 
     wetlands or waters of the United States. The Secretary shall 
     reduce the requirements of subparagraph (A)--
       ``(i) to allow economic base lands to be beneficially used 
     to create and sustain economic activity; and
       ``(ii) in the case of lands owned by Alaska Native 
     entities, to reflect the social and economic needs of Alaska 
     Natives to utilize economic base lands.
     The Secretary shall consult with and provide assistance to 
     the Alaska Natives (including Alaska Native Corporations) in 
     promulgation and administration of policies and regulations 
     under this section.
       ``(8) General permits.--
       ``(A) General authority.--The Secretary may issue, by rule 
     in accordance with subsection (j), general permits on a 
     programmatic, State, regional, or nationwide basis for any 
     category of activities involving an activity in wetlands or 
     waters of the United States if the Secretary determines that 
     such activities are similar in nature and that such 
     activities, when performed separately and cumulatively, will 
     not result in the significant loss of ecologically 
     significant wetlands values and functions.
       ``(B) Procedures.--Permits issued under this paragraph 
     shall include procedures for expedited review of eligibility 
     for such permits (if such review is required) and may include 
     requirements for reporting and mitigation. To the extent that 
     a proposed activity requires a determination by the Secretary 
     as to the eligibility to qualify for a general permit under 
     this subsection, such determination shall be made within 30 
     days of the date of submission of the application for such 
     qualification, or the application shall be treated as being 
     approved.
       ``(C) Compensatory mitigation.--Requirements for 
     compensatory mitigation for general permits may be imposed 
     where necessary to offset the significant loss or degradation 
     of significant wetlands functions where such loss or 
     degradation is not a temporary or incidental impact. Such 
     compensatory mitigation shall be calculated based upon the 
     specific impact of a particular project.
       ``(D) Grandfather of existing general permits.--General 
     permits in effect on day before the date of the enactment of 
     the Comprehensive Wetlands Conservation and Management Act of 
     1995 shall remain in effect until otherwise modified by the 
     Secretary.
       ``(E) States with substantial conserved lands.--Upon 
     application by a State or local authority in a State with 
     substantial conserved wetlands areas, the Secretary shall 
     issue a general permit applicable to such authority for 
     activities in wetlands or waters of the United States. No 
     permit issued pursuant to this subparagraph shall include 
     conditions, requirements, or standards for mitigation to 
     compensate for adverse impacts to wetlands or waters of the 
     United States or shall include conditions, requirements, or 
     standards for avoidance of adverse impacts of wetlands or 
     waters of the United States.
       ``(9) Other waters of the united states.--The Secretary may 
     issue a permit authorizing activities in waters of the United 
     States (other than those classified as type A, B, or C 
     wetlands under this section) if the Secretary finds that 
     issuance of the permit is in the public interest, balancing 
     the reasonably foreseeable benefits and detriments resulting 
     from the issuance of the permit. The permit shall be subject 
     to such terms and conditions as the Secretary finds are 
     necessary to carry out the purposes of the Comprehensive 
     Wetlands Conservation and Management Act of 1995. In 
     determining whether or not to issue the permit and whether or 
     not specific terms and conditions are necessary to carry out 
     such purposes, the Secretary shall consider the factors set 
     forth in paragraph (3)(A) as they apply to nonwetlands areas 
     and such other provisions of paragraph (3) as the Secretary 
     determines are appropriate to apply to nonwetlands areas.
       ``(10) Mitigation of agricultural lands.--Any mitigation 
     requirement approved by the Secretary under this section for 
     agricultural lands shall be developed in consultataion with 
     the Secretary of Agriculture.
       ``(f) Activities not Requiring Permit.--
       ``(1) In general.--Activities undertaken in any wetlands or 
     waters of the United States are exempt from the requirements 
     of this section and are not prohibited by or otherwise 
     subject to regulation under this section or section 301 or 
     402 of this Act (except effluent standards or prohibitions 
     under section 307 of this Act) if such activities--
       ``(A) result from normal farming, silviculture, 
     aquaculture, and ranching activities and practices, including 
     but not limited to plowing, seeding, cultivating, haying, 
     grazing, normal maintenance activities, minor drainage, 
     burning of vegetation in connection with such activities, 
     harvesting for the production of food, fiber, and forest 
     products, or upland soil and water conservation practices;
       ``(B) are for the purpose of maintenance, including 
     emergency reconstruction of recently damaged parts, of 
     currently serviceable structures such as dikes, dams, levees, 
     flood control channels or other engineered flood control 
     facilities, water control structures, water supply reservoirs 
     (where such maintenance involves periodic water level 
     drawdowns) which provide water predominantly to public 
     drinking water systems, groins, riprap, breakwaters, utility 
     distribution and transmission lines, causeways, and bridge 
     abutments or approaches, and transportation structures;
       ``(C) are for the purpose of construction or maintenance of 
     farm, stock or aquaculture ponds, wastewater retention or 
     management facilities (including dikes and berms and related 
     structures) that are used by concentrated animal feeding 
     operations or advanced treatment municipal wastewater reuse 
     operations, or irrigation canals and ditches or the 
     maintenance of drainage ditches;
       ``(D) are for the purpose of construction of temporary 
     sedimentation basins on a construction site, or the 
     construction of any upland dredged material disposal area, 
     which does not include placement of fill material into the 
     navigable waters;
       ``(E) are for the purpose of construction or maintenance of 
     farm roads or forest roads, railroad lines of up to 10 miles 
     in length, or temporary roads for moving mining equipment, 
     access roads for utility distribution and transmission lines 
     if such roads or railroad lines are constructed and 
     maintained, in accordance with best management practices, to 
     assure that flow and circulation patterns and chemical and 
     biological characteristics of the waters are not impaired, 
     that the reach of the waters is not reduced, and that any 
     adverse effect on the aquatic environment will be otherwise 
     minimized;
       ``(F) are undertaken on farmed wetlands, except that any 
     change in use of such land for the purpose of undertaking 
     activities that are not exempt from regulation under this 
     subsection shall be subject to the requirements of this 
     section to the extent that such farmed wetlands are 
     `wetlands' under this section;
       ``(G) result from any activity with respect to which a 
     State has an approved program under section 208(b)(4) of this 
     Act which meets the requirements of subparagraphs (B) and (C) 
     of such section;
       ``(H) are consistent with a State or local land management 
     plan submitted to the Secretary and approved pursuant to 
     paragraph (2);
       ``(I) are undertaken in connection with a marsh management 
     and conservation program in a coastal parish in the State of 
     Louisiana where such program has been approved by the 
     Governor of such State or the designee of the Governor;
       ``(J) are undertaken on lands or involve activities within 
     a State's coastal zone which are excluded from regulation 
     under a State

[[Page 741]]

     coastal zone management program approved under the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1451, et seq.);
       ``(K) are undertaken in incidentally created wetlands, 
     unless such incidentally created wetlands have exhibited 
     wetlands functions and values for more than 5 years in which 
     case activities undertaken in such wetlands shall be subject 
     to the requirements of this section;
       ``(L) are for the purpose of preserving and enhancing 
     aviation safety or are undertaken in order to prevent an 
     airport hazard;
       ``(M) result from aggregate or clay mining activities in 
     wetlands conducted pursuant to a State or Federal permit that 
     requires the reclamation of such affected wetlands if such 
     reclamation will be completed within 5 years of the 
     commencement of activities at the site and, upon completion 
     of such reclamation, the wetlands will support wetlands 
     functions equivalent to the functions supported by the 
     wetlands at the time of commencement of such activities;
       ``(N) are for the placement of a structural member for a 
     pile-supported structure, such as a pier or dock, or for a 
     linear project such as a bridge, transmission or distribution 
     line footing, powerline structure, or elevated or other 
     walkway;
       ``(O) are for the placement of a piling in waters of the 
     United States in a circumstance that involves--
       ``(i) a linear project described in subparagraph (N); or
       ``(ii) a structure such as a pier, boathouse, wharf, 
     marina, lighthouse, or individual house built on stilts 
     solely to reduce the potential of flooding;
       ``(P) are for the clearing (including mechanized clearing) 
     of vegetation within a right-of-way associated with the 
     development and maintenance of a transmission or distribution 
     line or other powerline structure or for the maintenance of 
     water supply reservoirs which provide water predominantly to 
     public drinking water systems;
       ``(Q) are undertaken in or affecting waterfilled 
     depressions created in uplands incidental to construction 
     activity, or are undertaken in or affecting pits excavated in 
     uplands for the purpose of obtaining fill, sand, gravel, 
     aggregates, or minerals, unless and until the construction or 
     excavation operation is abandoned;
       ``(R) are undertaken in a State with substantial conserved 
     wetlands areas and--
       ``(i) are for purposes of providing critical 
     infrastructure, including water and sewer systems, airports, 
     roads, communication sites, fuel storage sites, landfills, 
     housing, hospitals, medical clinics, schools, and other 
     community infrastructure;
       ``(ii) are for construction and maintenance of log transfer 
     facilities associated with log transportation activities;
       ``(iii) are for construction of tailings impoundments 
     utilized for treatment facilities (as determined by the 
     development document) for the mining subcategory for which 
     the tailings impoundment is constructed;
       ``(iv) are for construction of ice pads and ice roads and 
     for purposes of snow storage and removal; or
       ``(v) result from any silvicultural activity or practice 
     undertaken on economic base lands; or
       ``(S) result from the conduct of recreational hunting or 
     shooting.

       ``(2) State or local management plan.--Any State or 
     political subdivision thereof acting pursuant to State 
     authorization may develop a land management plan with respect 
     to lands that include identified wetlands. The State or local 
     government agency may submit any such plan to the Secretary 
     for review and approval. The Secretary shall, within 60 days, 
     notify in writing the designated State or local official of 
     approval or disapproval of any such plan. The Secretary shall 
     approve any plan that is consistent with the purposes of this 
     section. No person shall be entitled to judicial review of 
     the decision of the Secretary to approve or disapprove a land 
     management plan under this paragraph. Nothing in this 
     paragraph shall be construed to alter, limit, or supersede 
     the authority of a State or political subdivision thereof to 
     establish land management plans for purposes other than the 
     provisions of this subsection.
       ``(g) Rules for Delineating Wetlands.--
       ``(1) Standards.--
       ``(A) Issuance of rule.--The Secretary is authorized and 
     directed to establish standards, by rule in accordance with 
     subsection (j), that shall govern the delineation of lands as 
     `wetlands' for purposes of this section. Such rules shall be 
     established after consultation with the heads of other 
     appropriate Federal agencies and shall be binding on all 
     Federal agencies in connection with the administration or 
     implementation of any provision of this section. The 
     standards for delineation of wetlands and any decision of the 
     Secretary, the Secretary of Agriculture (in the case of 
     agricultural lands and associated nonagricultural lands), or 
     any other Federal officer or agency made in connection with 
     the administration of this section shall comply with the 
     requirements for delineation of wetlands set forth in 
     subparagraphs (B) and (C).
       ``(B) Exceptions.--The standards established by rule or 
     applied in any case for purposes of this section shall ensure 
     that lands are delineated as wetlands only if such lands are 
     found to be `wetlands' under section 502 of this Act; except 
     that such standards may not--
       ``(i) result in the delineation of lands as wetlands unless 
     clear evidence of wetlands hydrology, hydrophytic vegetation, 
     and hydric soil are found to be present during the period in 
     which such delineation is made, which delineation shall be 
     conducted during the growing season unless otherwise 
     requested by the applicant;
       ``(ii) result in the classification of vegetation as 
     hydrophytic if such vegetation is equally adapted to dry or 
     wet soil conditions or is more typically adapted to dry soil 
     conditions than to wet soil conditions;
       ``(iii) result in the classification of lands as wetlands 
     unless some obligate wetlands vegetation is found to be 
     present during the period of delineation; except that if such 
     vegetation has been removed for the purpose of evading 
     jurisdiction under this section, this clause shall not apply;
       ``(iv) result in the conclusion that wetlands hydrology is 
     present unless water is found to be present at the surface of 
     such lands for 21 consecutive days in the growing seasons in 
     a majority of the years for which records are available; and
       ``(v) result in the classification of lands as wetlands 
     that are temporarily or incidentally created as a result of 
     adjacent development activity.
       ``(C) Normal circumstances.--In addition to the 
     requirements of subparagraph (B), any standards established 
     by rule or applied to delineate wetlands for purposes of this 
     section shall provide that `normal circumstances' shall be 
     determined on the basis of the factual circumstances in 
     existence at the time a classification is made under 
     subsection (h) or at the time of application under subsection 
     (e), whichever is applicable, if such circumstances have not 
     been altered by an activity prohibited under this section.
       ``(2) Agricultural lands.--
       ``(A) Delineation by secretary of agriculture.--For 
     purposes of this section, wetlands located on agricultural 
     lands and associated nonagricultural lands shall be 
     delineated solely by the Secretary of Agriculture in 
     accordance with subtitle C of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3821 et seq.).
       ``(B) Exemption of lands exempted under food security 
     act.--Any area of agricultural land or any activities related 
     to the land determined to be exempt from the requirements of 
     subtitle C of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3821 et seq.) shall also be exempt from the 
     requirements of this section for such period of time as those 
     lands are used, or a good faith effort is shown by the owner 
     or operator to use such lands, as agricultural lands.
       ``(C) Effect of appeal determination pursuant to food 
     security act.--Any area of agricultural land or any 
     activities related to the land determined to be exempt 
     pursuant to an appeal taken pursuant to subtitle C of title 
     XII of the Food Security Act of 1985 (16 U.S.C. 3821 et seq.) 
     shall be exempt under this section for such period of time as 
     those lands are used, or a good faith effort is shown by the 
     owner or operator to use such lands, as agricultural lands.
       ``(D) Delineations grandfathered.--Delineations by the 
     Secretary of Agriculture regarding wetlands on agricultural 
     lands and associated nonagricultural lands that have become 
     administratively final on or before the date of enactment of 
     the Comprehensive Wetlands Conservation and Management Act of 
     1995 shall not be subject to further delineation unless the 
     owner requests a new delineation by the Secretary of 
     Agriculture.
       ``(h) Mapping and Public Notice Requirements.--
       ``(1) Provision of public notice.--Not later than 90 days 
     after the date of the enactment of the Comprehensive Wetlands 
     Conservation and Management Act of 1995, the Secretary shall 
     provide the court of each county, parish, or borough in which 
     the wetland subject to classification under subsection (c) is 
     located, a notice for posting near the property records of 
     the county, parish, or borough. The notice shall--
       ``(A) state that wetlands regulated under this section may 
     be located in the county, parish, or borough;
       ``(B) provide an explanation understandable to the general 
     public of how wetlands are delineated and classified;
       ``(C) describe the requirements and restrictions of the 
     regulatory program under this section; and
       ``(D) provide instructions on how to obtain a delineation 
     and classification of wetlands under this section.
       ``(2) Provision of delineation determinations.--On 
     completion under this section of a delineation and 
     classification of property that contains wetlands or a 
     delineation of property that contains waters of the United 
     States that are not wetlands, the Secretary of Agriculture, 
     in the case of wetlands located on agricultural lands and 
     associated nonagricultural lands, and the Secretary, in the 
     case of other lands, shall--
       ``(A) file a copy of the delineation, including the 
     classification of any wetland located on the property, with 
     the records of the property in the local courthouse; and
       ``(B) serve a copy of the delineation determination on 
     every owner of the property on record and any person with a 
     recorded mortgage or lien on the property.
       ``(3) Notice of enforcement actions.--The Secretary shall 
     file notice of each enforcement action under this section 
     taken with respect to private property with the records of 
     the property in the local courthouse.
       ``(4) Wetlands identification and classification project.--
       ``(A) In general.--The Secretary and the Secretary of 
     Agriculture shall undertake a project to identify and 
     classify wetlands in

[[Page 742]]

     the United States that are regulated under this section. The 
     Secretaries shall complete such project not later than 10 
     years after the date of the enactment of the Comprehensive 
     Wetlands Conservation and Management Act of 1995.
       ``(B) Applicability of delineation standards.--In 
     conducting the project under this section, the Secretaries 
     shall identify and classify wetlands in accordance with 
     standards for delineation of wetlands established by the 
     Secretaries under subsection (g).
       ``(C) Public hearings.--In conducting the project under 
     this section, the Secretaries shall provide notice and an 
     opportunity for a public hearing in each county, parish or 
     borough of a State before completion of identification and 
     classification of wetlands in such county, parish, or 
     borough.
       ``(D) Publication.--Promptly after completion of 
     identification and classification of wetlands in a county, 
     parish, or borough under this section, the Secretaries shall 
     have published information on such identification and 
     classification in the Federal Register and in publications of 
     wide circulation and take other steps reasonably necessary to 
     ensure that such information is available to the public.
       ``(E) Reports.--The Secretaries shall report to Congress on 
     implementation of the project to be conducted under this 
     section not later than 2 years after the date of the 
     enactment of the Comprehensive Wetlands Conservation and 
     Management Act of 1995 and annually thereafter.
       ``(F) Recordation.--Any classification of lands as wetlands 
     under this section shall, to the maximum extent practicable, 
     be recorded on the property records in the county, parish, or 
     borough in which such wetlands are located.
       ``(G) Permission to enter onto private property.--The 
     Secretaries shall obtain written permission from the owner of 
     private property before entering such property to conduct 
     identification and classification of wetlands pursuant to 
     this paragraph.
       ``(i) Administrative Appeals.--
       ``(1) Regulations establishing procedures.--Not later than 
     1 year after the date of the enactment of the Comprehensive 
     Wetlands Conservation and Management Act of 1995, the 
     Secretary shall, after providing notice and opportunity for 
     public comment, issue regulations establishing procedures 
     pursuant to which--
       ``(A) a landowner may appeal a determination of regulatory 
     jurisdiction under this section with respect to a parcel of 
     the landowner's property;
       ``(B) a landowner may appeal a wetlands classification 
     under this section with respect to a parcel of the 
     landowner's property;
       ``(C) any person may appeal a determination that the 
     proposed activity on the landowner's property is not exempt 
     under subsection (f);
       ``(D) a landowner may appeal a determination that an 
     activity on the landowner's property does not qualify under a 
     general permit issued under this section;
       ``(E) an applicant for a permit under this section may 
     appeal a determination made pursuant to this section to deny 
     issuance of the permit or to impose a requirement under the 
     permit; and
       ``(F) a landowner or any other person required to restore 
     or otherwise alter a parcel of property pursuant to an order 
     issued under this section may appeal such order.
       ``(2) Deadline for filing appeal.--An appeal brought 
     pursuant to this subsection shall be filed not later than 30 
     days after the date on which the decision or action on which 
     the appeal is based occurs.
       ``(3) Deadline for decision.--An appeal brought pursuant to 
     this subsection shall be decided not later than 90 days after 
     the date on which the appeal is filed.
       ``(4) Participation in appeals process.--Any person who 
     participated in the public comment process concerning a 
     decision or action that is the subject of an appeal brought 
     pursuant to this subsection may participate in such appeal 
     with respect to those issues raised in the person's written 
     public comments.
       ``(5) Decisionmaker.--An appeal brought pursuant to this 
     subsection shall be heard and decided by an appropriate and 
     impartial official of the Federal Government, other than the 
     official who made the determination or carried out the action 
     that is the subject of the appeal.
       ``(6) Stay of penalties and mitigation.--A landowner or any 
     other person who has filed an appeal under this subsection 
     shall not be required to pay a penalty or perform mitigation 
     or restoration assessed under this section or section 309 
     until after the appeal has been decided.
       ``(j) Administrative Provisions.--
       ``(1) Final regulations for issuance of permits.--Not later 
     than 1 year after the date of the enactment of the 
     Comprehensive Wetlands Conservation and Management Act of 
     1995, the Secretary shall, after notice and opportunity for 
     comment, issue (in accordance with section 553 of title 5 of 
     the United States Code and this section) final regulations 
     for implementation of this section. Such regulations shall, 
     in accordance with this section, provide--
       ``(A) standards and procedures for the classification and 
     delineation of wetlands and procedures for administrative 
     review of any such classification or delineation;
       ``(B) standards and procedures for the review of State or 
     local land management plans and State programs for the 
     regulation of wetlands;
       ``(C) for the issuance of general permits, including 
     programmatic, State, regional, and nationwide permits;
       ``(D) standards and procedures for the individual permit 
     applications under this section;
       ``(E) for enforcement of this section;
       ``(F) guidelines for the specification of sites for the 
     disposal of dredged or fill material for navigational 
     dredging;
       ``(G) standards and procedures that, to the maximum extent 
     practicable and economically feasible, require the creation 
     of wetlands and other environmentally beneficial uses of 
     dredged or fill material associated with navigational 
     dredging; and
       ``(H) any other rules and regulations that the Secretary 
     deems necessary or appropriate to implement the requirements 
     of this section.
       ``(2) Navigational dredging guidelines.--Guidelines 
     developed under paragraph (1)(F) shall--
       ``(A) be based upon criteria comparable to the criteria 
     applicable to the territorial seas, the contiguous zone, and 
     the oceans under section 403(c); except that, in any case in 
     which guidelines based on such criteria alone would prohibit 
     the specification of a disposal site, the economic impact on 
     navigation and anchorage shall be considered; and
       ``(B) ensure that with respect to the issuance of permits 
     under this section--
       ``(i) the least costly, environmentally acceptable disposal 
     alternative will be selected, taking into consideration cost, 
     existing technology, short term and long term dredging 
     requirements, and logistics;
       ``(ii) a disposal site will be specified after comparing 
     reasonably available upland, confined aquatic, beneficial 
     use, and open water disposal alternatives on the basis of 
     relative risk, environmental acceptability, economics, 
     practicability, and current technological feasibility;
       ``(iii) a disposal site will be specified after comparing 
     the reasonably anticipated environmental and economic 
     benefits of undertaking the underlying project to the status 
     quo; and
       ``(iv) in comparing alternatives and selection of a 
     disposal site, management measures may be considered and 
     utilized to limit, to the extent practicable, adverse 
     environmental effects by employing suitable chemical, 
     biological, or physical techniques to prevent unacceptable 
     adverse impacts on the environment.
       ``(3) Judicial review of final regulations.--Any judicial 
     review of final regulations issued pursuant to this section 
     and the Secretary's denial of any petition for the issuance, 
     amendment, or repeal of any regulation under this section 
     shall be in accordance with sections 701 through 706 of title 
     5 of the United States Code; except that a petition for 
     review of action of the Secretary in issuing any regulation 
     or requirement under this section or denying any petition for 
     the issuance, amendment, or repeal of any regulation under 
     this section may be filed only in the United States Court of 
     Appeals for the District of Columbia, and such petition shall 
     be filed within 90 days from the date of such issuance or 
     denial or after such date if such petition for review is 
     based solely on grounds arising after such ninetieth day. 
     Action of the Secretary with respect to which review could 
     have been obtained under this subsection shall not be subject 
     to judicial review in civil or criminal proceedings for 
     enforcement.
       ``(4) Interim regulations.--The Secretary shall, within 90 
     days after the date of the enactment of the Comprehensive 
     Wetlands Conservation and Management Act of 1995, issue 
     interim regulations consistent with this section to take 
     effect immediately. Notice of the interim regulations shall 
     be published in the Federal Register, and such regulations 
     shall be binding until the issuance of final regulations 
     pursuant to paragraph (1); except that the Secretary shall 
     provide adequate procedures for waiver of any provisions of 
     such interim regulations to avoid special hardship, inequity, 
     or unfair distribution of burdens or to advance the purposes 
     of this section.
       ``(5) Administration by secretary.--Except where otherwise 
     expressly provided in this section, the Secretary shall 
     administer this section. The Secretary or any other Federal 
     officer or agency in which any function under this section is 
     vested or delegated is authorized to perform any and all acts 
     (including appropriate enforcement activity), and to 
     prescribe, issue, amend, or rescind such rules or orders as 
     such officer or agency may find necessary or appropriate with 
     this subsection, subject to the requirements of this 
     subsection.
       ``(k) Enforcement.--
       ``(1) Compliance order.--Whenever, on the basis of reliable 
     and substantial information and after reasonable inquiry, the 
     Secretary finds that any person is or may be in violation of 
     this section or of any condition or limitation set forth in a 
     permit issued by the Secretary under this section, the 
     Secretary shall issue an order requiring such persons to 
     comply with this section or with such condition or 
     limitation.
       ``(2) Notice and other procedural requirements relating to 
     orders.--A copy of any order issued under this subsection 
     shall be sent immediately by the Secretary to the Governor of 
     the State in which the violation occurs and the Governors of 
     other affected States. The person committing the asserted 
     violation that results in issuance of the order shall be 
     notified of the issuance of the order by personal service 
     made to the appropriate person or corporate officer. The 
     notice shall state with reasonable specificity the

[[Page 743]]

     nature of the asserted violation and specify a time for 
     compliance, not to exceed 30 days, which the Secretary 
     determines is reasonable taking into account the seriousness 
     of the asserted violation and any good faith efforts to 
     comply with applicable requirements. If the person receiving 
     the notice disputes the Secretary's determination, the person 
     may file an appeal as provided in subsection (i). Within 60 
     days of a decision which denies an appeal, or within 150 days 
     from the date of notification of violation by the Secretary 
     if no appeal is filed, the Secretary shall prosecute a civil 
     action in accordance with paragraph (3) or rescind such order 
     and be estopped from any further enforcement proceedings for 
     the same asserted violation.
       ``(3) Civil action enforcement.--The Secretary is 
     authorized to commence a civil action for appropriate relief, 
     including a permanent or temporary injunction, for any 
     violation for which the Secretary is authorized to issue a 
     compliance order under paragraph (1). Any action under this 
     paragraph may be brought in the district court of the United 
     States for the district in which the defendant is located or 
     resides or is doing business, and such court shall have 
     jurisdiction to restrain such violation and to require 
     compliance. Notice of the commencement of such action shall 
     be given immediately to the appropriate State.
       ``(4) Civil penalties.--Any person who violates any 
     condition or limitation in a permit issued by the Secretary 
     under this section and any person who violates any order 
     issued by the Secretary under paragraph (1) shall be subject 
     to a civil penalty not to exceed $25,000 per day for each 
     violation commencing on expiration of the compliance period 
     if no appeal is filed or on the 30th day following the date 
     of the denial of an appeal of such violation. The amount of 
     the penalty imposed per day shall be in proportion to the 
     scale or scope of the project. In determining the amount of a 
     civil penalty, the court shall consider the seriousness of 
     the violation or violations, the economic benefit (if any) 
     resulting from the violation, any history of such violations, 
     any good-faith efforts to comply with the applicable 
     requirements, the economic impact of the penalty on the 
     violator, and such other matters as justice may require.
       ``(5) Criminal penalties.--If any person knowingly and 
     willfully violates any condition or limitation in a permit 
     issued by the Secretary under this section or knowingly and 
     willfully violates an order issued by the Secretary under 
     paragraph (1) and has been notified of the issuance of such 
     order under paragraph (2) and if such violation has resulted 
     in actual degradation of the environment, such person shall 
     be punished by a fine of not less than $5,000 nor more than 
     $50,000 per day of violation, or by imprisonment for not more 
     than 3 years, or by both. If a conviction of a person is for 
     a violation committed after a first conviction of such person 
     under this paragraph, punishment shall be by a fine of not 
     more than $100,000 per day of violation, or imprisonment of 
     not more than 6 years, or by both. An action for imposition 
     of a criminal penalty under this paragraph may only be 
     brought by the Attorney General.
       ``(l) State Regulation.--
       ``(1) Submission of proposed state program.--The Governor 
     of any State desiring to administer its own individual or 
     general permit program for some or all of the activities 
     covered by this section within any geographical region within 
     its jurisdiction may submit to the Secretary a description of 
     the program it proposes to establish and administer under 
     State law or under an interstate compact. In addition, such 
     State shall submit a statement from the chief legal officer 
     in the case of the State or interstate agency, that the laws 
     of such State, or the interstate compact, as the case may be, 
     provide adequate authority to carry out the described 
     program.
       ``(2) State authorities required for approval.--Not later 
     than 1 year after the date of the receipt by the Secretary of 
     a program and statement submitted by any State under 
     paragraph (1), the Secretary shall determine whether such 
     State has the following authority with respect to the 
     issuance of permits pursuant to such program--
       ``(A) to issue permits which--
       ``(i) apply, and assure compliance with, any applicable 
     requirements of this section; and
       ``(ii) can be terminated or modified for cause, including--

       ``(I) violation of any condition of the permit;
       ``(II) obtaining a permit by misrepresentation, or failure 
     to disclose fully all relevant facts; or
       ``(III) change in any condition that requires either a 
     temporary or permanent reduction or elimination of the 
     permitted activity;

       ``(B) to issue permits which apply, and ensure compliance 
     with, all applicable requirements of section 308 of this Act 
     or to inspect, monitor, enter, and require reports to at 
     least the same extent as required in section 308 of this Act;
       ``(C) to ensure that the public, and any other State the 
     waters of which may be affected, receive notice of each 
     application for a permit and to provide an opportunity for 
     public hearing before a ruling on each such application;
       ``(D) to ensure that the Secretary receives notice of each 
     application for a permit and that, prior to any action by the 
     State, both the applicant for the permit and the State have 
     received from the Secretary information with respect to any 
     advance classification applicable to wetlands that are the 
     subject of such application;
       ``(E) to ensure that any State (other than the permitting 
     State) whose waters may be affected by the issuance of a 
     permit may submit written recommendation to the permitting 
     State with respect to any permit application and, if any part 
     of such written recommendations are not accepted by the 
     permitting State, that the permitting State will notify such 
     affected State (and the Secretary) in writing of its failure 
     to so accept such recommendations together with its reasons 
     for doing so; and
       ``(F) to abate violations of the permit or the permit 
     program, including civil and criminal penalties and other 
     ways and means of enforcement.
       ``(3) Approval; resubmission.--If, with respect to a State 
     program submitted under paragraph (1) of this section, the 
     Secretary determines that the State--
       ``(A) has the authority set forth in paragraph (2), the 
     Secretary shall approve the program and so notify such State 
     and suspend the issuance of permits under subsection (b) for 
     activities with respect to which a permit may be issued 
     pursuant to the State program; or
       ``(B) does not have the authority set forth in paragraph 
     (2) of this subsection, the Secretary shall so notify such 
     State and provide a description of the revisions or 
     modifications necessary so that the State may resubmit the 
     program for a determination by the Secretary under this 
     subsection.
       ``(4) Effect of failure of secretary to make timely 
     decision.--If the Secretary fails to make a determination 
     with respect to any program submitted by a State under this 
     subsection within 1 year after the date of receipt of the 
     program, the program shall be treated as being approved 
     pursuant to paragraph (3)(A) and the Secretary shall so 
     notify the State and suspend the issuance of permits under 
     subsection (b) for activities with respect to which a permit 
     may be issued by the State.
       ``(5) Transfer of pending applications for permits.--If the 
     Secretary approves a State permit program under paragraph 
     (3)(A) or (4), the Secretary shall transfer any applications 
     for permits pending before the Secretary for activities with 
     respect to which a permit may be issued pursuant to the State 
     program to the State for appropriate action.
       ``(6) General permits.--Upon notification from a State with 
     a permit program approved under this subsection that such 
     State intends to administer and enforce the terms and 
     conditions of a general permit issued by the Secretary under 
     subsection (e) with respect to activities in the State to 
     which such general permit applies, the Secretary shall 
     suspend the administration and enforcement of such general 
     permit with respect to such activities.
       ``(7) Review by secretary.--Every 5 years after approval of 
     a State administered program under paragraph (3)(A), the 
     Secretary shall review the program to determine whether it is 
     being administered in accordance with this section. If, on 
     the basis of such review, the Secretary finds that a State is 
     not administering its program in accordance with this section 
     or if the Secretary determines based on clear and convincing 
     evidence after a public hearing that a State is not 
     administering its program in accordance with this section and 
     that substantial adverse impacts to wetlands or waters of the 
     United States are imminent, the Secretary shall notify the 
     State and, if appropriate corrective action is not taken 
     within a reasonable time, not to exceed 90 days after the 
     date of the receipt of such notification, the Secretary 
     shall--
       ``(A) withdraw approval of the program until the Secretary 
     determines such corrective action has been taken; and
       ``(B) resume the program for the issuance of permits under 
     subsections (b) and (e) for all activities with respect to 
     which the State was issuing permits until such time as the 
     Secretary makes the determination described in paragraph (2) 
     and the State again has an approved program.
       ``(8) Treatment of existing programs.--Any State which has 
     received approval to administer a program pursuant to this 
     subsection before the date of the enactment of the 
     Comprehensive Wetlands Conservation and Management Act of 
     1995 shall not be required to reapply for approval and shall 
     be permitted to continue administering such program in a 
     manner consistent with the provisions of this section. Upon 
     receipt of a request from the Governor of such State, the 
     Secretary, with the concurrence of the Governor, shall amend 
     the program.
       ``(m) Miscellaneous Provisions.--
       ``(1) State authority to control discharges.--Nothing in 
     this section shall preclude or deny the right of any State or 
     interstate agency to control activities in waters within the 
     jurisdiction of such State, including any activity of any 
     Federal agency, and each such agency shall comply with such 
     State or interstate requirements both substantive and 
     procedural to control such activities to the same extent that 
     any person is subject to such requirements. This section 
     shall not be construed as affecting or impairing the 
     authority of the Secretary to maintain navigation.
       ``(2) Availability to public.--A copy of each permit 
     application and each permit issued under this section shall 
     be available to the public. Such permit application or 
     portion thereof shall further be available on request for the 
     purpose of reproduction.
       ``(3) Publication in federal register.--The Secretary shall 
     have published in the

[[Page 744]]

     Federal Register all memoranda of agreement, regulatory 
     guidance letters, and other guidance documents of general 
     applicability to implementation of this section at the time 
     they are distributed to agency regional or field offices. In 
     addition, the Secretary shall prepare, update on a biennial 
     basis and make available to the public for purchase at cost--
       ``(A) an indexed publication containing all Federal 
     regulations, general permits, memoranda of agreement, 
     regulatory guidance letters, and other guidance documents 
     relevant to the permitting of activities pursuant to this 
     section; and
       ``(B) information to enable the general public to 
     understand the delineation of wetlands, the permitting 
     requirements referred to in subsection (e), wetlands 
     restoration and enhancement, wetlands functions, available 
     nonregulatory programs to conserve and restore wetlands, and 
     other matters that the Secretary considers relevant.
       ``(4) Compliance.--
       ``(A) Compliance with permit.--Compliance with a permit 
     issued pursuant to this section, including any activity 
     carried out pursuant to a general permit issued under this 
     section, shall be deemed in compliance, for purposes of 
     sections 309 and 505, with sections 301, 307, and 403.
       ``(B) Cranberry production.--Activities associated with 
     expansion, improvement, or modification of existing cranberry 
     production operations shall be deemed in compliance, for 
     purposes of sections 309 and 505, with section 301, if--
       ``(i) the activity does not result in the modification of 
     more than 10 acres of wetlands per operator per year and the 
     modified wetlands (other than where dikes and other necessary 
     facilities are placed) remain as wetlands or other waters of 
     the United States; or
       ``(ii) the activity is required by any State or Federal 
     water quality program.
       ``(5) Limitation on fees.--Any fee charged in connection 
     with the delineation or classification of wetlands, the 
     submission or processing of an application for a permit 
     authorizing an activity in wetlands or waters of the United 
     States, or any other action taken in compliance with the 
     requirements of this section (other than fines for violations 
     under subsection (k)) shall not exceed the amount in effect 
     for such fee on February 15, 1995.
       ``(6) Balanced implementation.--
       ``(A) In general.--In implementing his or her 
     responsibilities under the regulatory program under this 
     section, the Secretary shall balance the objective of 
     conserving functioning wetlands with the objective of 
     ensuring continued economic growth, providing essential 
     infrastructure, maintaining strong State and local tax bases, 
     and protecting against the diminishment of the use and value 
     of privately owned property.
       ``(B) Minimization of adverse effects on private 
     property.--In carrying out this section, the Secretary and 
     the heads of all other Federal agencies shall seek in all 
     actions to minimize the adverse effects of the regulatory 
     program under this section on the use and value of privately 
     owned property.
       ``(7) Procedures for emergencies.--The Secretary shall 
     develop procedures for facilitating actions under this 
     section that are necessary to respond to emergency conditions 
     (including flood events and other emergency situations) which 
     may involve loss of life and property damage. Such procedures 
     shall address circumstances requiring expedited approvals as 
     well as circumstances requiring no formal approval under this 
     section.
       ``(8) Use of property.--For purposes of this section, a use 
     of property is limited by an agency action if a particular 
     legal right to use that property no longer exists because of 
     the action.
       ``(9) Transition rules.--
       ``(A) Permit required.--After the effective date of this 
     section under section 806 of the Comprehensive Wetlands 
     Conservation and Management Act of 1995, no permit for any 
     activity in wetlands or waters of the United States may be 
     issued except in accordance with this section. Any 
     application for a permit for such an activity pending under 
     this section on such effective date shall be deemed to be an 
     application for a permit under this section.
       ``(B) Prior permits.--Any permit for an activity in 
     wetlands or waters of the United States issued under this 
     section prior to the effective date referred to in 
     subparagraph (A) shall be deemed to be a permit under this 
     section and shall continue in force and effect for the term 
     of the permit unless revoked, modified, suspended, or 
     canceled in accordance with this section.
       ``(C) Reevaluation.--
       ``(i) Petition.--Any person holding a permit for an 
     activity in wetlands or water of the United States on the 
     effective date referred to in subparagraph (A) may petition, 
     after such effective date, the Secretary for reevaluation of 
     any decision made before such effective date concerning (I) a 
     determination of regulatory jurisdiction under this section, 
     or (II) any condition imposed under the permit. Upon receipt 
     of a petition for reevaluation, the Secretary shall conduct 
     the reevaluation in accordance with the provisions of this 
     section.
       ``(ii) Modification of permit.--If the Secretary finds that 
     the provisions of this section apply with respect to 
     activities and lands which are subject to the permit, the 
     Secretary shall modify, revoke, suspend, cancel, or continue 
     the permit as appropriate in accordance with the provisions 
     of this section; except that no compensation shall be awarded 
     under this section to any person as a result of reevaluation 
     pursuant to this subparagraph and, if the permit covers 
     activities in type A wetlands, the permit shall continue in 
     effect without modification.
       ``(iii) Procedure.--The reevaluation shall be carried out 
     in accordance with time limits set forth in subsection (e)(5) 
     and shall be subject to administrative appeal under 
     subsection (i).
       ``(D) Previously denied permits.--No permit shall be issued 
     under this section, no exemption shall be available under 
     subsection (f), and no exception shall be available under 
     subsection (g)(1)(B), for any activity for which a permit has 
     previously been denied by the Secretary on more than one 
     occasion unless such activity--
       ``(i) has been approved by the affected State, county, and 
     local government within the boundaries of which the activity 
     is proposed;
       ``(ii) in the case of unincorporated land, has been 
     approved by all local governments within 1 mile of the 
     proposed activity; and
       ``(iii) would result in a net improvement to water quality 
     at the site of such activity.
       ``(10) Certification.--Notwithstanding any other provision 
     of this Act, the Administrator shall not, either directly or 
     indirectly, impose any requirement or condition in a 
     certification required under section 401 that the Secretary 
     determines is inconsistent with the provisions of this 
     section.
       ``(11) Definitions.--In this section the following 
     definitions apply:
       ``(A) Activity in wetlands or waters of the united 
     states.--The term `activity in wetlands or waters of the 
     United States' means--
       ``(i) the discharge of dredged or fill material into waters 
     of the United States, including wetlands at a specific 
     disposal site; or
       ``(ii) the draining, channelization, or excavation of 
     wetlands.
       ``(B) Agency.--The term `agency' has the meaning given that 
     term in section 551 of title 5, United States Code.
       ``(C) Agency action.--The term `agency action' has the 
     meaning given that term in section 551 of title 5, United 
     States Code, but also includes the making of a grant to a 
     public authority conditioned upon an action by the recipient 
     that would constitute a limitation if done directly by the 
     agency.
       ``(D) Agricultural land.--The term `agricultural land' 
     means cropland, pastureland, native pasture, rangeland, an 
     orchard, a vineyard, nonindustrial forest land, an area that 
     supports a water dependent crop (including cranberries, taro, 
     watercress, or rice), and any other land used to produce or 
     support the production of an annual or perennial crop 
     (including forage or hay), aquaculture product, nursery 
     product, or wetland crop or the production of livestock.
       ``(E) Conserved wetlands.--The term `conserved wetlands' 
     means wetlands that are located in the National Park System, 
     National Wildlife Refuge System, National Wilderness System, 
     the Wild and Scenic River System, and other similar Federal 
     conservation systems, combined with wetlands located in 
     comparable types of conservation systems established under 
     State and local authority within State and local land use 
     systems.
       ``(F) Economic base lands.--The term `economic base lands' 
     means lands conveyed to, selected by, or owned by Alaska 
     Native entities pursuant to the Alaska Native Claims 
     Settlement Act, Public Law 92-203 or the Alaska Native 
     Allotment Act of 1906 (34 Stat. 197), and lands conveyed to, 
     selected by, or owned by the State of Alaska pursuant to the 
     Alaska Statehood Act, Public Law 85-508.
       ``(G) Fair market value.--The term `fair market value' 
     means the most probable price at which property would change 
     hands, in a competitive and open market under all conditions 
     requisite to a fair sale, between a willing buyer and a 
     willing seller, neither being under any compulsion to buy or 
     sell and both having reasonable knowledge of relevant facts, 
     at the time the agency action occurs.
       ``(H) Law of a state.--The term `law of a State' includes 
     the law of a political subdivision of a State.
       ``(I) Mitigation bank.--The term `mitigation bank' means a 
     wetlands restoration, creation, enhancement, or preservation 
     project undertaken by one or more parties, including private 
     and public entities, expressly for the purpose of providing 
     mitigation compensation credits to offset adverse impacts to 
     wetlands or other waters of the United States authorized by 
     the terms of permits allowing activities in such wetlands or 
     waters.
       ``(J) Navigational dredging.--The term `navigational 
     dredging' means the dredging of ports, waterways, and inland 
     harbors, including berthing areas and local access channels 
     appurtenant to a Federal navigation channel.
       ``(K) Property.--The term `property' means land and 
     includes the right to use or receive water.
       ``(L) Secretary.--The term `Secretary' means the Secretary 
     of the Army.
       ``(M) State with substantial conserved wetlands areas.--The 
     term `State with substantial conserved wetlands areas' means 
     any State which--
       ``(i) contains at least 10 areas of wetlands for each acre 
     of wetlands filled, drained, or otherwise converted within 
     such State (based upon wetlands loss statistics reported in 
     the 1990 United States Fish and Wildlife Service Wetlands 
     Trends report to Congress

[[Page 745]]

     entitled `Wetlands Losses in the United States 1780's to 
     1980's'); or
       ``(ii) the Secretary of the Army determines has sufficient 
     conserved wetlands areas to provided adequate wetlands 
     conservation in such State, based on the policies set forth 
     in this Act.
       ``(N) Vernal pools.--The term `vernal pools' means 
     individual isolated wetlands that have exceptional waterfowl 
     habitat functions and that exhibit the following 
     characteristics:
       ``(i) an area greater than \1/2\ acre;
       ``(ii) seasonal standing for no less than 45 consecutive 
     days during the fall and winter in an average precipitation 
     season;
       ``(iii) an impermeable subsurface hard pan soil layer that 
     prevents subsurface water drainage or percolation; and
       ``(iv) a surface outlet for relief of water flow.
       ``(O) Wetlands.--The term `wetlands' means those lands that 
     meet the criteria for delineation of lands as wetlands set 
     forth in subsection (g).''.

     SEC. 804. DEFINITIONS.

       Section 502 (33 U.S.C. 1362) is further amended--
       (1) in paragraph (6)--
       (A) by striking ``dredged spoil,'';
       (B) by striking ``or (B)'' and inserting ``(B)''; and
       (C) by inserting before the period at the end ``; and (C) 
     dredged or fill material''; and
       (2) by adding at the end thereof the following new 
     paragraphs:
       ``(28) The term `wetlands' means lands which have a 
     predominance of hydric soils and which are inundated by 
     surface water at a frequency and duration sufficient to 
     support, and that under normal circumstances do support, a 
     prevalence of vegetation typically adapted for life in 
     saturated soil conditions. Wetlands generally include swamps, 
     marshes, bogs, and similar areas.
       ``(29) The term `creation of wetlands' means an activity 
     that brings a wetland into existence at a site where it did 
     not formerly occur for the purpose of compensatory 
     mitigation.
       ``(30) The term `enhancement of wetlands' means any 
     activity that increases the value of one or more functions in 
     existing wetlands.
       ``(31) The term `farmed wetland' means those agricultural 
     lands, as defined in section 404, and associated 
     nonagricultural lands exhibiting wetlands characteristics, as 
     delineated solely by the Secretary of Agriculture.
       ``(32) The term `fastlands' means lands located behind 
     legally constituted man-made structures or natural 
     formations, such as levees constructed and maintained to 
     permit the utilization of such lands for commercial, 
     industrial, or residential purposes consistent with local 
     land use planning requirements.
       ``(33) The term `wetlands functions' means the roles 
     wetlands serve, including flood water storage, flood water 
     conveyance, ground water recharge, erosion control, wave 
     attenuation, water quality protection, scenic and aesthetic 
     use, food chain support, fisheries, wetlands plant habitat, 
     aquatic habitat, and habitat for wetland dependent wildlife.
       ``(34) The term `growing season' means, for each plant 
     hardiness zone, the period between the average date of last 
     frost in spring and the average date of first frost in 
     autumn.
       ``(35) The term `incidentally created wetlands' means lands 
     that exhibit wetlands characteristics sufficient to meet the 
     criteria for delineation of wetlands, where one or more of 
     such characteristics is the unintended result of human 
     induced alterations of hydrology.
       ``(36) The term `maintenance' when used in reference to 
     wetlands means activities undertaken to assure continuation 
     of a wetland or the accomplishment of project goals after a 
     restoration or creation project has been technically 
     completed, including water level manipulations and control of 
     nonnative plant species.
       ``(37) The term `mitigation banking' means wetlands 
     restoration, enhancement, preservation or creation for the 
     purpose of providing compensation for wetland degradation or 
     loss.
       ``(38) The term `normal farming, silviculture, aquaculture 
     and ranching activities' means normal practices identified as 
     such by the Secretary of Agriculture, in consultation with 
     the Cooperative Extension Service for each State and the land 
     grant university system and agricultural colleges of the 
     State, taking into account existing practices and such other 
     practices as may be identified in consultation with the 
     affected industry or community.
       ``(39) The term `restoration' in reference to wetlands 
     means an activity undertaken to return a wetland from a 
     disturbed or altered condition with lesser acreage or fewer 
     functions to a previous condition with greater wetlands 
     acreage or functions.
       ``(40) The term `temporary impact' means the disturbance or 
     alteration of wetlands caused by activities under 
     circumstances in which, within 3 years following the 
     commencement of such activities, such wetlands--
       ``(A) are returned to the conditions in existence prior to 
     the commencement of such activity; or
       ``(B) display conditions sufficient to ensure, that without 
     further human action, such wetlands will return to the 
     conditions in existence prior to the commencement of such 
     activity.
       ``(41) The term `airport hazard' has the meaning such term 
     has under section 47102 of title 49, United States Code.''.

     SEC. 805. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Violation.--Section 301(a) (33 U.S.C. 1311(a)) is 
     amended--
       (1) by striking ``402, and 404'' and inserting ``and 402''; 
     and
       (2) by adding at the end the following: ``Except as in 
     compliance with this section and section 404, the undertaking 
     of any activity in wetlands or waters of the United States 
     shall be unlawful.''.
       (b) Federal Enforcement.--Section 309 (33 U.S.C. 1319) is 
     amended--
       (1) in subsection (a)(1) by striking ``or 404'';
       (2) in subsection (a)(3) by striking ``or in a permit 
     issued under section 404 of this Act by a State'';
       (3) in each of subsections (c)(1)(A) and (c)(2)(A) by 
     striking ``or in a permit'' and all that follows through 
     ``State;'' and inserting a semicolon;
       (4) in subsection (c)(3)(A) by striking ``or in a permit'' 
     and all that follows through ``State, and'' and inserting 
     ``and'';
       (5) by adding at the end of subsection (c) the following:
       ``(8) Treatment of certain violations.--Any person who 
     violates section 301 with respect to an activity in wetlands 
     or waters of the United States for which a permit is required 
     under section 404 shall not be subject to punishment under 
     this subsection but shall be subject to punishment under 
     section 404(k)(5).'';
       (6) in subsection (d) by striking ``, or in a permit issued 
     under section 404 of this Act by a State,'';
       (7) by adding at the end of subsection (d) the following: 
     ``Any person who violates section 301 with respect to an 
     activity in wetlands or waters of the United States for which 
     a permit is required under section 404 shall not be subject 
     to a civil penalty under this subsection but shall be subject 
     to a civil penalty under section 404(k)(4).'';
       (8) in subsection (g)(1)--
       (A) by striking ``--'' and all that follows through 
     ``(A)'';
       (B) by striking ``or in a permit issued under section 404 
     by a State, or''; and
       (C) by striking ``(B)'' and all that follows through ``as 
     the case may be,'' and inserting ``the Administrator'';
       (9) by adding at the end of subsection (g) the following:
       ``(12) Treatment of certain violations.--Any person who 
     violates section 301 with respect to an activity in wetlands 
     or waters of the United States for which a permit is required 
     under section 404 shall not be subject to assessment of a 
     civil penalty under this subsection but shall be subject to 
     assessment of a civil penalty under section 404(k)(4).'';
       (10) by striking ``or Secretary'', ``or the Secretary'', 
     ``or the Secretary, as the case may be,'', ``or 
     Secretary's'', and ``and the Secretary'' each place they 
     appear; and
       (11) in subsection (g)(9)(B) by inserting a comma after 
     ``Administrator''.

     SEC. 806. EFFECTIVE DATE.

       This title, including the amendments made by this title, 
     shall take effect on the 90th day following the date of the 
     enactment of this Act.
                    TITLE IX--NAVIGATIONAL DREDGING

     SEC. 901. REFERENCES TO ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).

     SEC. 902. ENVIRONMENTAL PROTECTION AGENCY PERMITS.

       Section 102(c) (33 U.S.C. 1412(c)) is amended--
       (1) in the first sentence of paragraph (3) by striking 
     ``the Administrator, in conjunction with the Secretary,'' and 
     inserting ``the Secretary, in conjunction with the 
     Administrator,''; and
       (2) in the second sentence of paragraph (3) by striking 
     ``the Administrator and the Secretary'' and inserting ``the 
     Secretary and the Administrator''.

     SEC. 903. CORPS OF ENGINEERS PERMITS.

       (a) Disposal Sites.--Section 103(b) (33 U.S.C. 1413(b)) is 
     amended--
       (1) in the matter preceding paragraph (1) by striking ``, 
     with the concurrence of the Administrator,''; and
       (2) in paragraph (3) by striking ``Administrator'' and 
     inserting ``Secretary''.
       (b) Consultation With the Administrator.--Section 103(c) 
     (33 U.S.C. 1413(c)) is amended to read as follows:
       ``(c) Consultation With the Administrator.--Prior to 
     issuing a permit to any person under this section, the 
     Secretary shall first consult with the Administrator.''.

     SEC. 904. PENALTIES.

       Section 105 (33 U.S.C. 1415) is amended--
       (1) in the first sentence by inserting ``or, with respect 
     to violations of section 103, the Secretary'' before the 
     period at the end;
       (2) in the fourth, fifth, and sixth sentences by inserting 
     ``or the Secretary, as the case may be,'' after 
     ``Administrator'' each place it appears; and
       (3) in subsection (g)(2)(C) by inserting ``or the 
     Secretary, as the case may be,'' after ``the Administrator'' 
     the first place it appears.

     SEC. 905. ANNUAL REPORT.

       Section 112 (33 U.S.C. 1421) is amended by striking ``with 
     the concurrence of the Administrator''.

[[Page 746]]

     SEC. 906. REFERENCE TO COMMITTEE.

       Section 104(i)(3) (33 U.S.C. 1414(i)(3)) is amended by 
     striking ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.

                     TITLE X--ADDITIONAL PROVISIONS

     SEC. 1001. COASTAL NONPOINT POLLUTION CONTROL.

       (a) In General.--Section 6217(a)(1) of the Coastal Zone Act 
     Reauthorization Amendments of 1990 (16 U.S.C. 1451 note) is 
     amended--
       (1) by striking ``shall'' the first place it appears and 
     inserting ``may'';
       (2) by striking ``the Secretary and''; and
       (3) by inserting after the first sentence the following: 
     ``Notwithstanding the preceding sentence, if the 
     Administrator determines, in consultation with the State, 
     such program is needed to supplement the program under 
     section 319 of the Federal Water Pollution Control Act as it 
     relates to the coastal zone, the State shall prepare and 
     submit such program.''.
       (b) Program Submission, Approval, and Implementation.--
     Section 6217(c) of such Act is amended--
       (1) in paragraph (1)--
       (A) by striking ``the Secretary and the Administrator shall 
     jointly'' and inserting ``the Administrator shall''; and
       (B) by striking ``The program'' and all that follows 
     through the period at the end of the paragraph and inserting 
     ``The program shall be approved if the Administrator 
     determines that the program meets the requirements of this 
     section.''; and
       (2) in paragraph (3)--
       (A) by striking ``If the Secretary'' and inserting ``If the 
     Administrator'';
       (B) by striking ``the Secretary shall withhold'' and 
     inserting ``the Administrator shall direct the Secretary to 
     withhold''; and
       (C) by striking ``The Secretary shall make'' and inserting 
     ``The Administrator shall direct the Secretary to make''.
       (c) Financial Assistance.--Section 6217(f) of such Act is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``the Secretary, in consultation with the 
     Administrator,'' and inserting ``the Administrator''; and
       (B) by inserting ``and implementing'' after ``developing'';
       (2) in paragraph (2) by inserting ``and implementing'' 
     after ``developing''; and
       (3) in paragraph (4)--
       (A) by striking ``the Secretary'' each place it appears and 
     inserting ``the Administrator'';
       (B) by striking ``, in consultation with the 
     Administrator,''; and
       (C) by inserting ``and implementing'' after ``preparing''.
       (d) Authorization of Appropriations.--Section 6217(h)(2) of 
     such Act is amended--
       (1) in subparagraph (A) by striking ``, other than for 
     providing in the form of grants under subsection (f)''; and
       (2) in subparagraph (B) by striking ``the Secretary'' and 
     inserting ``the Administrator''.

  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  Mr. BONIOR moved to recommit the bill to the Committee on 
Transportation and Infrastructure with instructions to report the bill 
back to the House promptly with the following changes: with standards 
for the discharge of industrial pollution into water no more lax than 
those which exist today; with water pollution prevention and control 
protections no less than those which exist today for public water 
supplies which are used for drinking; and with a report on the bill by 
the Congressional Budget Office which complies with section 101 of 
Public Law 104-4, the Unfunded Mandates Reform Act of 1995, as such 
section would otherwise be in effect on January 1, 1996.
  After debate,
  By unanimous consent, the previous question was ordered on the motion 
to recommit with instructions.
  The question being put, viva voce,
  Will the House recommit said bill with instructions?
  The SPEAKER pro tempore, Mr. WALKER, announced that the nays had it.
  Mr. BONIOR objected to the vote on the ground that a quorum was not 
present and not voting.
  A quorum not being present,
  The roll was called under clause 4, rule XV, and the call was taken by 
electronic device.

Yeas

169

When there appeared

Nays

256
```