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[Journal of the House of Representatives, 1995]
[Wednesday, May 10, 1995 (63), Para 63.13 Clean Water Amendments]
[Pages 657-673]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.63.13  clean water amendments

  The SPEAKER pro tempore, Mr. WICKER, pursuant to House Resolution 140 
and rule XXIII, declared the House resolved into the Committee of the 
Whole House on the state of the Union for the consideration of the bill 
(H.R. 961) to amend the Federal Water Pollution Control Act.
  The SPEAKER pro tempore, Mr. WICKER, by unanimous consent, designated 
Mr. McINNIS as Chairman of the Committee of the Whole; and after some 
time spent therein,
  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment in the nature of a substitute 
submitted by Mr. SAXTON, as amended by the amendment submitted by Mr. 
MINGE, agreed to earlier:
  Amendment in the nature of a substitute submitted by Mr. SAXTON:

       Strike all after the enacting clause and insert the 
     following:

     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. Research, investigations, training, and information.
Sec. 102. State management assistance.
Sec. 103. Mine water pollution control.
Sec. 104. Water sanitation in rural and Native Alaska villages.
Sec. 105. Authorization of appropriations for Chesapeake program.
Sec. 106. 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. Value engineering review.
Sec. 205. Grants for wastewater treatment.

                  TITLE III--STANDARDS AND ENFORCEMENT

Sec. 301. Arid areas.
Sec. 302. Secondary treatment.
Sec. 303. Federal facilities.
Sec. 304. National estuary program.
Sec. 305. Nonpoint source management programs.
Sec. 306. Coastal zone management.
Sec. 307. Comprehensive watershed management.
Sec. 308. Revision of effluent limitations.

                     TITLE IV--PERMITS AND LICENSES

Sec. 401. Waste treatment systems for concentrated animal feeding 
              operations.
Sec. 402. Municipal and industrial stormwater discharges.
Sec. 403. Intake credits.
Sec. 404. Combined sewer overflows.
Sec. 405. Abandoned mines.
Sec. 406. Beneficial use of biosolids.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Publicly owned treatment works defined.
Sec. 502. Implementation of water pollution laws with respect to 
              vegetable oil.
Sec. 503. Needs estimate.
Sec. 504. Food processing and food safety.
Sec. 505. Audit dispute resolution.

        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.
Sec. 606. State nonpoint source water pollution control revolving 
              funds.

                  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 purposes.
Sec. 803. State, local, and landowner technical assistance and 
              cooperative training.
Sec. 804. Federal, State, and Local Government Coordinating Committee.
Sec. 805. State and local wetland conservation plans and strategies; 
              grants to facilitate the implementation of section 404.

[[Page 658]]

Sec. 806. National cooperative wetland ecosystem restoration strategy.
Sec. 807. Permits for discharge of dredged or fill material.
Sec. 808. Technical assistance to private landowners, codification of 
              regulations and policies.
Sec. 809. Delineation.
Sec. 810. Fast track for minor permits.
Sec. 811. Compensatory mitigation.
Sec. 812. Cooperative mitigation ventures and mitigation banks.
Sec. 813. Wetlands monitoring and research.
Sec. 814. Administrative appeals.
Sec. 815. Cranberry production.
Sec. 816. State classification systems.
Sec. 817. Definitions.

                        TITLE IX--MISCELLANEOUS

Sec. 901. Obligations and expenditures subject to appropriations.

     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. 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) Grants to Local Governments.--Section 104(b)(3) (33 
     U.S.C. 1254(b)(3)) is amended by inserting ``local 
     governments,'' after ``interstate agencies,''.
       (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 nonprofit organizations to provide 
     technical assistance and training to rural and small publicly 
     owned treatment works 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 to provide wastewater 
     services to rural communities of 3,000 or less that are not 
     currently served by any sewage collection or water 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: ``; and (7) not to exceed $50,000,000 per fiscal 
     year for each of fiscal years 1996 through 2000 for carrying 
     out the provisions of subsections (b)(3), (b)(8), and (b)(9), 
     except that not less than 20 percent of the sums appropriated 
     pursuant to this clause shall be available for carrying out 
     the provisions of subsections (b)(8) and (b)(9)''.

     SEC. 102. 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. 103. 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. 104. 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.
       ``(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.--''.

[[Page 659]]

     SEC. 105. 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. 106. 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--

       ``(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).

[[Page 660]]

       ``(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. 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. 205. 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 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 
     $3,000,000,000.
                  TITLE III--STANDARDS AND ENFORCEMENT

     SEC. 301. 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:
       ``(D) 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, determined 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

[[Page 661]]

       ``(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. 302. SECONDARY TREATMENT.

       (a) Coastal Discharges.--Section 304(d) (33 U.S.C. 1314(d)) 
     is amended by adding at the end the following:
       ``(5) 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 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 20,000 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 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).''.

     SEC. 303. 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 or runoff 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.

[[Page 662]]

       ``(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. 304. NATIONAL ESTUARY PROGRAM.

       (a) Findings.--The Congress finds the following:
       (1) The Nation's estuaries are a vital natural resource to 
     which many regional economies are closely tied.
       (2) Many of the Nation's estuaries are under a severe 
     threat from point source pollution and polluted run-off 
     (nonpoint source pollution) and from habitat alteration and 
     destruction.
       (3) Only through expanded investments in waste water 
     treatment and other water and sediment pollution control and 
     prevention efforts can the environmental and economic values 
     of the Nation's estuaries be restored and protected.
       (4) The National Estuary Program created under the Federal 
     Water Pollution Control Act has significantly advanced the 
     Nation's understanding of the declining condition of the 
     Nation's estuaries.
       (5) The National Estuary Program has also provided precise 
     information about the corrective and preventative measures 
     required to reverse the degradation of water and sediment 
     quality and to halt the alteration and destruction of vital 
     habitat in the Nation's estuaries.
       (6) The level of funding available to States, 
     municipalities, and the Environmental Protection Agency for 
     implementation of approved conservation and management plans 
     is inadequate, and additional financial resources must be 
     provided.
       (7) Funding for implementation of approved conservation and 
     management plans should be provided under the State revolving 
     loan fund program authorized by title VI of the Federal Water 
     Pollution Control Act.
       (8) Authorization levels for State revolving loan fund 
     capitalization grants should be increased by an amount 
     necessary to ensure the achievement of the goals of the 
     Federal Water Pollution Control Act.
       (b) 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.''.
       (c) Grants.--Section 320(g)(2) (33 U.S.C. 1330(g)(2)) is 
     amended by inserting ``and implementation monitoring'' after 
     ``development''.
       (d) 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. 305. NONPOINT SOURCE MANAGEMENT PROGRAMS.

       (a) Review and Revision.--Section 319(b) (33 U.S.C. 
     1329(b)) is amended by adding at the end the following:
       ``(5) Review and revision.--Not later than 18 months after 
     the date of the enactment of this paragraph, the State shall 
     review and revise the report required by this subsection and 
     submit such revised report to the Administrator for 
     approval.''.
       (b) Approval or Disapproval of Management Programs.--
     Section 319(d)(1) (33 U.S.C. 1329(d)(1)) is amended by 
     inserting ``or revised management program'' after 
     ``management program'' each place it appears.
       (c) Grants for Protecting Ground Water Quality.--Section 
     319(i)(3) (33 U.S.C. 1329(i)(3)) is amended by striking 
     ``$150,000'' and inserting ``$500,000''.
       (d) Authorization of Appropriations.--Section 319(j) (33 
     U.S.C. 1329(j)) is amended--

[[Page 663]]

       (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''.
       (e) Agricultural Inputs.--Section 319 (33 U.S.C. 1329) is 
     amended by adding at the end the following:
       ``(o) Agricultural Inputs.--For the purposes of this Act, 
     any land application of livestock manure shall not be 
     considered a point source and shall be subject to enforcement 
     only under this section.''.

     SEC. 306. 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:
       ``(7) 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''.

     SEC. 307. COMPREHENSIVE WATERSHED MANAGEMENT.

       (a) In General.--Title III (33 U.S.C. 1300-1330) is amended 
     by adding at the end the following:

     ``SEC. 321. COMPREHENSIVE WATERSHED MANAGEMENT.

       ``(a) Findings, Purpose, and Definitions.--
       ``(1) Findings.--Congress finds that comprehensive 
     watershed management will further the goals and objectives of 
     this Act by--
       ``(A) identifying more fully water quality impairments and 
     the pollutants, sources, and activities causing the 
     impairments;
       ``(B) integrating water protection quality efforts under 
     this Act with other natural resource protection efforts, 
     including Federal efforts to define and protect ecological 
     systems (including the waters and the living resources 
     supported by the waters);
       ``(C) defining long-term social, economic, and natural 
     resource objectives and the water quality necessary to attain 
     or maintain the objectives;
       ``(D) increasing, through citizen participation in the 
     watershed management process, public support for improved 
     water quality;
       ``(E) identifying priority water quality problems that need 
     immediate attention; and
       ``(F) identifying the most cost-effective measures to 
     achieve the objectives of this Act.
       ``(2) Purpose.--The purpose of this section is to encourage 
     comprehensive watershed management in maintaining and 
     enhancing water quality, in restoring and protecting living 
     resources supported by the waters, and in ensuring waters of 
     a quality sufficient to meet human needs, including water 
     supply and recreation.
       ``(3) Definitions.--In this section, the following 
     definitions apply:
       ``(A) Ecosystem.--The term `ecosystem' means the community 
     of plants and animals (including humans) and the environment 
     (including surface water, the ground water with which it 
     interacts, and riparian areas) upon which that community 
     depends.
       ``(B) Environmental objectives.--The term `environmental 
     objectives' means the goals specified by States or State-
     designated watershed management entities to protect, restore, 
     and maintain water resources and aquatic ecosystems within a 
     watershed, including applicable water quality standards and 
     wetlands protection goals established under the Act.
       ``(C) State.--The term `State' includes Indian tribes 
     eligible under section 518(e).
       ``(b) State Watershed Program.--
       ``(1) Submittal.--A State, at any time, may submit to the 
     Administrator for approval a watershed management program for 
     the State.
       ``(2) Approval.--The Administrator shall approve a State 
     watershed program submitted under paragraph (1) if the 
     program, at a minimum, contains the following elements:
       ``(A) An identification of the State agency generally 
     responsible for overseeing and approving watershed management 
     plans and a designation of watershed management entities and 
     lead responsibilities for such entities. Such entities may 
     include other State agencies and sub-State agencies.
       ``(B) A description of the scope of the program. In 
     determining the scope of the program, the State may choose to 
     address all watersheds within the State over a period of time 
     or to concentrate efforts on selected watersheds. Within each 
     watershed, the issues to be addressed should be based on a 
     comprehensive analysis of the problems within the watershed. 
     The scope of the program may expand over a period of time 
     both in terms of the number of watersheds and the issues 
     addressed by the program.
       ``(C) An identification of watershed management units for 
     which watershed management plans will be developed. In 
     selecting such units, the State shall consider those waters 
     in the State that are water quality threatened or impaired or 
     are otherwise in need of special protection. To the extent 
     practicable, the boundaries of each watershed management unit 
     shall be consistent with United States Geological Service 
     hydrological units.
       ``(D) A description of activities required of watershed 
     management entities (as specified under subsection (f)(1)) 
     and a description of the State's approval process for 
     watershed management plans.
       ``(E) A specification of an effective public participation 
     process, including procedures to encourage the public to 
     participate in developing and implementing watershed 
     management plans.
       ``(F) An identification of the statewide environmental 
     objectives that will be pursued in each watershed. Such 
     objectives, at a minimum, shall include State water quality 
     standards and goals under this Act, and, as appropriate, 
     other objectives such as habitat restoration and biological 
     diversity.
       ``(2) Deadline.--The Administrator, after consultation with 
     other Federal agencies, shall approve or disapprove a State 
     watershed program submitted under paragraph (1) on or before 
     the 180th day following the date of the submittal. If a State 
     watershed program is disapproved, the State may modify and 
     resubmit its program under paragraph (1).
       ``(3) Annual report.--A State with an approved watershed 
     program under this subsection shall provide to the 
     Administrator an annual report summarizing the status of the 
     program, including a description of any modifications to the 
     program. An annual report submitted under this section may be 
     used by the State to satisfy reporting requirements under 
     sections 106, 314, 319, and 320.
       ``(4) Effective period of approvals.--An approval of a 
     State watershed program under paragraph (2) shall remain in 
     effect for a 5-year period beginning on the date of the 
     approval and may be renewed by the Administrator.
       ``(5) Withdrawal of approval.--Whenever the Administrator 
     determines after public hearing that a State is not 
     administering a watershed program approved under paragraph 
     (2) in accordance with requirements of this section, he shall 
     so notify the State and, if appropriate corrective action is 
     not taken within a reasonable time, not to exceed 90 days, 
     the Administrator shall withdraw approval of such program. 
     The Administrator shall not withdraw approval of any such 
     program unless he shall first have notified the State, and 
     made public, in writing, the reasons for such withdrawal.
       ``(c) Designation of Additional Watershed Management Units 
     and Entities.--A State with an approved watershed program 
     under this section may modify such program at any time in 
     order to designate additional watershed management units and 
     entities, including lead responsibilities, for the purpose of 
     developing and implementing watershed management plans.
       ``(d) Eligible Watershed Management and Planning 
     Activities.--The following watershed management activities 
     are eligible to receive assistance from the Administrator 
     under sections 205(j), 319(h), and 604(b):
       ``(1) Characterizing waters and land uses.
       ``(2) Identifying problems within a watershed.
       ``(3) Selecting short-term and long-term goals for 
     watershed management.
       ``(4) Developing and implementing measures and practices to 
     meet identified goals.
       ``(5) Identifying and coordinating projects and activities 
     necessary to restore and maintain water quality or meet other 
     environmental objectives within the watershed.
       ``(6) Identifying the appropriate institutional 
     arrangements to carry out an approved watershed management 
     plan.
       ``(7) Updating an approved watershed management plan.
       ``(8) Any other activities deemed appropriate by the 
     Administrator.
       ``(e) Support for Watershed Management and Planning.--
       ``(1) Interagency committee.--There is established an 
     interagency committee to sup

[[Page 664]]

     port comprehensive watershed management and planning. The 
     President shall appoint the members of the committee. The 
     members shall include a representative from each Federal 
     agency that carries out programs and activities that may have 
     a significant impact on water quality or other natural 
     resource values that may be appropriately addressed through 
     comprehensive watershed management.
       ``(2) Use of other funds under this act.--The planning and 
     implementation activities carried out by a management entity 
     pursuant to this section may be carried out with funds made 
     available through the State pursuant to sections 205(j), 
     319(h), and 604(b).
       ``(f) Approved Plans.--
       ``(1) Minimum requirements.--A State with an approved 
     watershed program may approve a watershed management plan 
     when such plan satisfies the following conditions:
       ``(A) If the watershed includes waters that are not meeting 
     applicable water quality standards under this Act at the time 
     of submission, the plan--
       ``(i) identifies the environmental objectives of the plan 
     including, at a minimum, State water quality standards and 
     goals under this Act, and any other environmental objectives 
     the planning entity deems appropriate;
       ``(ii) identifies the stressors, pollutants, and sources 
     causing the impairment;
       ``(iii) identifies actions necessary to achieve the 
     environmental objectives of the plan, including source 
     reduction of pollutants to achieve any allocated load 
     reductions consistent with the requirements of section 303(d) 
     and the priority for implementing such actions;
       ``(iv) contains an implementation plan, with schedules, 
     milestones, projected completion dates, and the 
     identification of those persons responsible for implementing 
     the actions, demonstrating that water quality standards will 
     be attained as expeditiously as practicable, but not later 
     than deadlines in applicable sections of this Act and all 
     other environmental objectives identified in the watershed 
     management plan will be attained as expeditiously as 
     practicable;
       ``(v) contains an effective public participation process in 
     the development and implementation of the plan;
       ``(vi) specifies a process to monitor and evaluate progress 
     toward meeting environmental objectives; and
       ``(vii) specifies a process to revise the plan as needed.
       ``(B) For those waters in the watershed attaining water 
     quality standards at the time of submission (including 
     threatened waters), the plan identifies those projects and 
     activities necessary to maintain water quality standards and 
     attain or maintain other environmental objectives in the 
     future.
       ``(2) Terms of plan and plan approval.--Each plan submitted 
     and approved under this subsection shall extend for a period 
     of not less than 5 years and include a planning and 
     implementation schedule with milestones and completion dates 
     within that period. The approval by the State of a plan shall 
     apply for a period not exceed 5 years. A revised and updated 
     plan may be submitted prior to the expiration of the period 
     specified in the preceding sentence for approval pursuant to 
     the same conditions and requirements that apply to an initial 
     plan for a watershed that is approved pursuant to this 
     subsection.
       ``(g) Incentives for Watershed Management.--
       ``(1) Point source permits.--
       ``(A) In general.--Notwithstanding section 301(b)(1)(C), a 
     permit may be issued under section 402 with a limitation that 
     does not meet water quality standards, if--
       ``(i) the receiving water is in a watershed with an 
     approved watershed plan;
       ``(ii) the plan includes enforceable requirements under 
     State or local law for nonpoint source pollutant load 
     reductions that in combination with point source requirements 
     will meet water quality standards prior to the expiration of 
     plan; and
       ``(iii) the point source does not have a history of 
     significant noncompliance with its permit effluent 
     limitations, as determined by the Administrator or the State 
     (in the case with an approved permit under section 402).
       ``(B) Synchronized permit terms.--Notwithstanding section 
     402(b)(1)(B), the term of a permit issued under section 402 
     may be extended by 5 years if the discharge is located in a 
     watershed planning area for which a watershed management plan 
     is to be developed.
       ``(C) 10-year permit terms.--Notwithstanding section 
     402(b)(1)(B), the term of a permit issued under section 402 
     may be extended to 10 years for any point source located in a 
     watershed management unit for which a watershed management 
     plan has been approved if the plan provides for the 
     attainment and maintenance of water quality standards 
     (including designated uses) in the affected waters and unless 
     receiving waters are not meeting water quality standards due 
     to the point source discharge. Such permits may be revised at 
     any time if necessary to meet water quality standards.
       ``(2) Nonpoint source controls.--Not later than 30 months 
     after the date of the enactment of this section, a State with 
     an approved watershed program under this section may make a 
     showing to the Administrator that nonpoint source management 
     practices different from those established in national 
     guidance issued by the Administrator under section 319 will 
     attain water quality standards as expeditiously as 
     practicable and not later than the deadlines established by 
     this Act. If the Administrator is satisfied with such 
     showing, then the Administrator may approve the State's 
     nonpoint source management program that relies on such 
     practices as meeting the requirements of section 319. 
     Alternative watershed nonpoint source control practices must 
     be identified in the watershed management plan adopted under 
     subsection (f)(2) of this section.
        ``(3) Funding.--The Administrator may provide assistance 
     to a State with an approved watershed management program 
     under this section in the form of a multipurpose grant that 
     would provide for single application, workplan 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). A State with an approved 
     multipurpose grant may focus activities funded under such 
     sections on a priority basis consistent with State-approved 
     watershed management plans.
       ``(h) Guidance.--Not later than 12 months after the date of 
     the enactment of this section, and after consultation with 
     other appropriate agencies, the Administrator shall issue 
     guidance on recommended provisions to be included in State 
     watershed programs and State-approved watershed management 
     plans.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator for providing grants 
     to States to assist such States in carrying out activities 
     under this section $25,000,000 per fiscal year for each of 
     fiscal years 1996 through 2000.''.
       (b) Conforming Amendment.--Section 401(a)(1) (33 U.S.C. 
     1341(a)(1)) is amended by inserting ``and with the provisions 
     of a management plan approved by a State under section 321 of 
     this Act'' before the period at the end of the first 
     sentence.

     SEC. 308. REVISION OF EFFLUENT LIMITATIONS.

       (a) 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''.
       (b) 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).''.
                     TITLE IV--PERMITS AND LICENSES

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

       Section 402(a) is amended by adding at the end the 
     following:
       ``(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. An existing concentrated animal feeding 
     operation that 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 may continue to use that natural topographic feature 
     for waste storage regardless of its size, capacity, or 
     previous use.''.

     SEC. 402. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

       (a) Deadlines.--Section 402(p) (33 U.S.C. 1343(p)) is 
     amended--
       (1) in paragraph (1) by striking ``1994'' and inserting 
     ``2005''; and
       (2) in paragraph (6) by striking ``1993'' and inserting 
     ``2005''.
       (b) Prohibition on Numeric Effluent Limitations for 
     Municipal Discharges.--Section 402(p)(3) is amended by adding 
     at the end the following:
       ``(C) Prohibition on numeric effluent limitations for 
     municipal discharges.--Permits for municipal separate storm 
     sewers shall not include numeric effluent limitations.''.

     SEC. 403. INTAKE CREDITS.

       Section 402 (33 U.S.C. 1342) is amended by adding at the 
     end the following:
       ``(q) 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;
       ``(ii) if 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; or

[[Page 665]]

       ``(iii) 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) if, for conventional pollutants, the constituents of 
     the conventional pollutants in the intake water are the same 
     as 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 that 
     does not meet the requirement of paragraph (1).
       ``(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. 404. COMBINED SEWER OVERFLOWS.

       Section 402 (33 U.S.C. 1342) is amended by adding at the 
     end the following:
       ``(r) 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. 405. 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 paragraph (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 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 approved within 180 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

[[Page 666]]

     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.
       ``(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 
     its political subdivisions, or an Indian tribe or officers, 
     employees, or contractors thereof; and
       ``(ii) any person acting in cooperation with a person 
     described in clause (i), 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 not actively mined or in temporary 
     shutdown at the time of submission of the remediation plan 
     and issuance of a permit under this section.
       ``(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. 406. 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 law, 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,''.

                      TITLE V--GENERAL PROVISIONS

     SEC. 501. PUBLICLY OWNED TREATMENT WORKS DEFINED.

       Section 502 (33 U.S.C. 1362) is further amended by adding 
     at the end the following:
       ``(25) 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. 502. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT 
                   TO VEGETABLE OIL.

       (a) Differentiation Among Fats, Oils, and Greases.--
       (1) In general.--In issuing or enforcing a regulation, an 
     interpretation, or a guideline relating to a fat, oil, or 
     grease under a Federal law related to water pollution 
     control, the head of a Federal agency shall--
       (A) differentiate between and establish separate classes 
     for--
       (i)(I) animal fats; and
       (II) vegetable oils; and
       (ii) other oils, including petroleum oil; and
       (B) apply different standards and reporting requirements 
     (including reporting requirements based on quantitative 
     amounts) to different classes of fat and oil as provided in 
     paragraph (2).
       (2) Considerations.--In differentiating between the classes 
     of animal fats and vegetable oils referred to in paragraph 
     (1)(A)(i) and the classes of oils described in paragraph 
     (1)(A)(ii), 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. 503. 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. 504. FOOD PROCESSING AND FOOD SAFETY.

       Title V (33 U.S.C. 1361-1377) is amended by redesignating 
     section 519 as section 521 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. 505. AUDIT DISPUTE RESOLUTION.

       Title V (33 U.S.C. 1361-1377) is further amended by 
     inserting before section 521, as redesignated by 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.

[[Page 667]]

       ``(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 of this 
     section has yet to be formally concluded and accepted by 
     either the grantee or the Administrator.''.
        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 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, 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 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 treatment works only if--
       ``(1) such project is on the State's priority list under 
     section 216 of this Act; 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 Internal 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

[[Page 668]]

     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:

                                                     Percentage of sums
``States:                                                   authorized:
  Alabama........................................................1.0110
  Alaska.........................................................0.5411
  Arizona........................................................0.7464
  Arkansas.......................................................0.5914
  California.....................................................7.9031
  Colorado.......................................................0.7232
  Connecticut....................................................1.3537
  Delaware.......................................................0.4438
  District of Columbia...........................................0.4438
  Florida........................................................3.4462
  Georgia........................................................1.8683
  Hawaii.........................................................0.7002
  Idaho..........................................................0.4438
  Illinois.......................................................4.9976
  Indiana........................................................2.6631
  Iowa...........................................................1.2236
  Kansas.........................................................0.8690
  Kentucky.......................................................1.3570
  Louisiana......................................................1.0060
  Maine..........................................................0.6999
  Maryland.......................................................2.1867
  Massachusetts..................................................3.7518
  Michigan.......................................................3.8875
  Minnesota......................................................1.6618
  Mississippi....................................................0.8146
  Missouri.......................................................2.5063
  Montana........................................................0.4438
  Nebraska.......................................................0.4624
  Nevada.........................................................0.4438
  New Hampshire..................................................0.9035
  New Jersey.....................................................4.5156
  New Mexico.....................................................0.4438
  New York......................................................12.1969
  North Carolina.................................................1.9943
  North Dakota...................................................0.4438
  Ohio...........................................................5.0898
  Oklahoma.......................................................0.7304
  Oregon.........................................................1.2399
  Pennsylvania...................................................4.2145
  Rhode Island...................................................0.6071
  South Carolina.................................................0.9262
  South Dakota...................................................0.4438
  Tennessee......................................................1.4668
  Texas..........................................................4.6458
  Utah...........................................................0.4764
  Vermont........................................................0.4438
  Virginia.......................................................2.2615
  Washington.....................................................1.9217
  West Virginia..................................................1.4249
  Wisconsin......................................................2.4442
  Wyoming........................................................0.4438
  Puerto Rico....................................................1.1792
  Northern Marianas..............................................0.0377
  American Samoa.................................................0.0812
  Guam...........................................................0.0587
  Pacific Islands Trust Territory................................0.1158
  Virgin Islands.............................................0.0576.''.

       (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) $2,500,000,000 for fiscal year 1996;
       ``(8) $2,500,000,000 for fiscal year 1997;
       ``(9) $2,500,000,000 for fiscal year 1998;
       ``(10) $2,500,000,000 for fiscal year 1999; and
       ``(11) $2,500,000,000 for fiscal year 2000.''.

     SEC. 606. STATE NONPOINT SOURCE WATER POLLUTION CONTROL 
                   REVOLVING FUNDS.

       Title VI (33 U.S.C. 1381-1387) is amended--
       (1) in section 607 by inserting after ``title'' the 
     following: ``(other than section 608)''; and
       (2) by adding at the end the following:

     ``SEC. 608. STATE NONPOINT SOURCE WATER POLLUTION CONTROL 
                   REVOLVING FUNDS.

       ``(a) General Authority.--The Administrator shall make 
     capitalization grants to each State for the purpose of 
     establishing a nonpoint source water pollution control 
     revolving fund for providing assistance--
       ``(1) to persons for carrying out management practices and 
     measures under the State management program approved under 
     section 319; and
       ``(2) to agricultural producers for the development and 
     implementation of the water quality components of a whole 
     farm or ranch resource management plan and for implementation 
     of management practices and measures under such a plan.

     A State nonpoint source water pollution control revolving 
     fund shall be separate from any other State water pollution 
     control revolving fund; except that the chief executive 
     officer of the State may transfer funds from one fund to the 
     other fund.
       ``(b) Applicability of Other Requirements of This Title.--
     Except to the extent the Administrator, in consultation with 
     the chief executive officers of the States, determines that a 
     provision of this title is not consistent with a provision of 
     this section, the provisions of sections 601 through 606 of 
     this title shall apply to grants made under this section in 
     the same manner and to the same extent as they apply to 
     grants made under section 601 of this title. Paragraph (5) of 
     section 602(b) shall apply to all funds in a State revolving 
     fund established under this section as a result of 
     capitalization grants made under this section; except that 
     such funds shall first be used to assure reasonable progress 
     toward attainment of the goals of section 319, as determined 
     by the Governor of the State. Paragraph (7) of section 603(d) 
     shall apply to a State revolving fund established under this 
     section, except that the 4-percent limitation contained in 
     such section shall not apply to such revolving fund.
       ``(c) Apportionment of Funds.--Funds made available to 
     carry out this section for any fiscal year shall be allotted 
     among the States by the Administrator in the same manner as 
     funds are allotted among the States under section 319 in such 
     fiscal year.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 per 
     fiscal year for each of fiscal years 1996 through 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 sec

[[Page 669]]

     tion 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 to provide wastewater service to the 
     communities along such border commonly known as ``colonias''.
       (b) Federal Share.--The Federal share of the cost of a 
     project carried out using funds made available under 
     subsection (a) shall be 50 percent. The non-Federal share of 
     such cost shall be provided by the State receiving the grant.
       (c) 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.
       (d) 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 facilities 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 ``Wetlands and Watershed 
     Management Act of 1995''.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares the following:
       (1) Wetlands perform a number of valuable functions needed 
     to restore and maintain the chemical, physical, and 
     biological integrity of the Nation's waters, including--
       (A) reducing pollutants (including nutrients, sediment, and 
     toxics) from nonpoint and point sources;
       (B) storing, conveying, and purifying flood and storm 
     waters;
       (C) reducing both bank erosion and wave and storm damage to 
     adjacent lands and trapping sediment from upland sources;
       (D) providing habitat and food sources for a broad range of 
     commercial and recreational fish, shellfish, and migratory 
     wildlife species (including waterfowl and endangered 
     species); and
       (E) providing a broad range of recreational values for 
     canoeing, boating, birding, and nature study and observation.
       (2) Original wetlands in the contiguous United States have 
     been reduced by an estimated 50 percent and continue to 
     disappear at a rate of 200,000 to 300,000 acres a year. Many 
     of these original wetlands have also been altered or 
     partially degraded, reducing their ecological value.
       (3) Wetlands are highly sensitive to changes in water 
     regimes and are, therefore, susceptible to degradation by 
     fills, drainage, grading, water extractions, and other 
     activities within their watersheds which affect the quantity, 
     quality, and flow of surface and ground waters. Protection 
     and management of wetlands, therefore, should be integrated 
     with management of water systems on a watershed basis. A 
     watershed protection and management perspective is also 
     needed to understand and reverse the gradual, continued 
     destruction of wetlands that occurs due to cumulative 
     impacts.
       (4) Wetlands constitute an estimated 5 percent of the 
     Nation's surface area. Because much of this land is in 
     private ownership wetlands protection and management 
     strategies must take into consideration private property 
     rights and the need for economic development and growth. This 
     can be best accomplished in the context of a cooperative and 
     coordinated Federal, State, and local strategy for data 
     gathering, planning, management, and restoration with an 
     emphasis on advance planning of wetlands in watershed 
     contexts.
       (b) Purposes.--The purposes of this Act are--
       (1) to help create a coordinated national wetland 
     management effort with efficient use of scarce Federal, 
     State, and local financial and manpower resources to protect 
     wetland functions and values and reduce natural hazard 
     losses;
       (2) to help reverse the trend of wetland loss in a fair, 
     efficient, and cost-effective manner;
       (3) to reduce inconsistencies and duplication in Federal, 
     State, and local wetland management efforts and encourage 
     integrated permitting at the Federal, State, and local 
     levels;
       (4) to increase technical assistance, cooperative training, 
     and educational opportunities for States, local governments, 
     and private landowners;
       (5) to help integrate wetland protection and management 
     with other water resource management programs on a watershed 
     basis such as flood control, storm water management, 
     allocation of water supply, protection of fish and wildlife, 
     and point and nonpoint source pollution control;
       (6) to increase regionalization of wetland delineation and 
     management policies within a framework of national policies 
     through advance planning of wetland areas, programmatic 
     general permits and other approaches and the tailoring of 
     policies to ecosystem and land use needs to reflect 
     significant watershed variance in wetland resources;
       (7) to address the cumulative loss of wetland resources;
       (8) to increase the certainty and predictability of 
     planning and regulatory policies for private landowners;
       (9) to help achieve no overall net loss and net gain of the 
     remaining wetland base of the United States through 
     watershed-based restoration strategies involving all levels 
     of government;
       (10) to restore and create wetlands in order to increase 
     the quality and quantity of the wetland resources and by so 
     doing to restore and maintain the quality and quantity of the 
     waters of the United States; and
       (11) to provide mechanisms for joint State, Federal, and 
     local development and testing of approaches to better protect 
     wetland resources such as mitigation banking.

     SEC. 803. STATE, LOCAL, AND LANDOWNER TECHNICAL ASSISTANCE 
                   AND COOPERATIVE TRAINING.

       (a) State and Local Technical Assistance.--Upon request, 
     the Administrator or the Secretary of the Army, as 
     appropriate, shall provide technical assistance to State and 
     local governments in the development and implementation of 
     State and local government permitting programs under sections 
     404(e) and 404(h) of the Federal Water Pollution Control Act, 
     State wetland conservation plans under section 805, and 
     regional or local wetland management plans under section 805.
       (b) Cooperative Training.--The Administrator and the 
     Secretary, in cooperation with the Coordinating Committee 
     established pursuant to section 804, shall conduct training 
     courses for States and local governments involving wetland 
     delineation, utilization of wetlands in nonpoint pollution 
     control, wetland and stream restoration, wetland planning, 
     wetland evaluation, mitigation banking, and other subjects 
     deemed appropriate by the Administrator or Secretary.
       (c) Private Landowner Technical Assistance.--The 
     Administrator and Secretary shall, in cooperation with the 
     Coordination Committee, and appropriate Federal agencies 
     develop and provide to private landowners guidebooks, 
     pamphlets, or other materials and technical assistance to 
     help them in identifying and evaluating wetlands, developing 
     integrated wetland management plans for their lands 
     consistent with the goals of this Act and the Federal Water 
     Pollution Control Act, and restoring wetlands.

     SEC. 804. FEDERAL, STATE, AND LOCAL GOVERNMENT COORDINATING 
                   COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator shall 
     establish a Federal, State, and Local Government Wetlands 
     Coordinating Committee (hereinafter in this section referred 
     to as the ``Committee'').
       (b) Functions.--The Committee shall--
       (1) help coordinate Federal, State, and local wetland 
     planning, regulatory, and restoration programs on an ongoing 
     basis to reduce duplication, resolve potential conflicts, and 
     efficiently allocate manpower and resources at all levels of 
     government;
       (2) provide comments to the Secretary of the Army or 
     Administrator in adopting regulatory, policy, program, or 
     technical guidance affecting wetland systems;
       (3) help develop and field test, national policies prior to 
     implementation such as wetland, delineation, classification 
     of wetlands, methods for sequencing wetland mitigation 
     responses, the utilization of mitigation banks;
       (4) help develop and carry out joint technical assistance 
     and cooperative training programs as provided in section 803;
       (5) help develop criteria and implementation strategies for 
     facilitating State conservation plans and strategies, local 
     and regional wetland planning, wetland restoration and 
     creation, and State and local permitting programs pursuant to 
     section 404(e) or 404(g) of the Federal Water Pollution 
     Control Act; and
       (6) help develop a national strategy for the restoration of 
     wetland ecosystems pursuant to section 6 of this Act.
       (c) Membership.--The Committee shall be composed of 18 
     members as follows:

[[Page 670]]

       (1) The Administrator or the designee of the Administrator.
       (2) The Secretary or the designee of the Secretary.
       (3) The Director of the United States Fish and Wildlife 
     Service or the designee of the Director.
       (4) The Chief of the Natural Resources Conservation Service 
     or the designee of the Chief.
       (5) The Undersecretary for Oceans and Atmosphere or the 
     designee of the Under Secretary.
       (6) One individual appointed by the Administrator who will 
     represent the National Governor's Association.
       (7) One individual appointed by the Administrator who will 
     represent the National Association of Counties.
       (8) One individual appointed by the Administrator who will 
     represent the National League of Cities.
       (9) One State wetland expert from each of the 10 regions of 
     the Environmental Protection Agency. Each member to be 
     appointed under this paragraph shall be jointly appointed by 
     the Governors of the States within the Environmental 
     Protection Agency's region. If the Governors from a region 
     cannot agree on such a representative, they will each submit 
     a nomination to the Administrator and the Administrator will 
     select a representative from such region.
       (d) Terms.--Each member appointed pursuant to paragraph 
     (6), (7), (8), or (9) of subsection (c) shall be appointed 
     for a term of 2 years.
       (e) Vacancies.--A vacancy in the Committee shall be filled, 
     on or before the 30th day after the vacancy occurs, in the 
     manner in which the original appointment was made.
       (f) Pay.--Members shall serve without pay, but may receive 
     travel expenses (including per diem in lieu of subsistence) 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (g) Cochairpersons.--The Administrator and one member 
     appointed pursuant to paragraph (6), (7), (8), or (9) of 
     subsection (c) (selected by such members) shall serve as 
     cochairpersons of the Committee.
       (h) Quorum.--Two-thirds of the members of the Committee 
     shall constitute a quorum but a lesser number may hold 
     meetings.
       (i) Meetings.--The Committee shall hold its first meeting 
     not later than 120 days after the date of the enactment of 
     this Act. The Committee shall meet at least twice each year 
     thereafter. Meetings will be opened to the public.

     SEC. 805. STATE AND LOCAL WETLAND CONSERVATION PLANS AND 
                   STRATEGIES; GRANTS TO FACILITATE THE 
                   IMPLEMENTATION OF SECTION 404.

       (a) State Wetland Conservation Plans and Strategies.--
     Subject to the requirements of this section, the 
     Administrator shall make grants to States and tribes to 
     assist in the development and implementation of wetland 
     conservation plans and strategies. More specific goals for 
     such conservation plans and strategies may include:
       (1) Inventorying State wetland resources, identifying 
     individual and cumulative losses, identifying State and local 
     programs applying to wetland resources, determining gaps in 
     such programs, and making recommendations for filling those 
     gaps.
       (2) Developing and coordinating existing State, local, and 
     regional programs for wetland management and protection on a 
     watershed basis.
       (3) Increasing the consistency of Federal, State, and local 
     wetland definitions, delineation, and permitting approaches.
       (4) Mapping and characterizing wetland resources on a 
     watershed basis.
       (5) Identifying sites with wetland restoration or creation 
     potential.
       (6) Establishing management strategies for reducing causes 
     of wetland degradation and restoring wetlands on a watershed 
     basis.
       (7) Assisting regional and local governments prepare 
     watershed plans for areas with a high percentage of lands 
     classified as wetlands or otherwise in need of special 
     management.
       (8) Establishing and implementing State or local permitting 
     programs under section 404(e) or 404(h) of the Federal Water 
     Pollution Control Act.
       (b) Regional and Local Wetland Planning, Regulation, and 
     Management Programs.--Subject to the requirements of this 
     section, the Administrator shall make grants to States which 
     will, in turn, use this funding to make grants to regional 
     and local governments to assist them in adopting and 
     implementing wetland and watershed management programs 
     consistent with goals stated in section 101 of the Federal 
     Water Pollution Control Act and section 802 of this Act. Such 
     plans shall be integrated with (where appropriate) or 
     coordinated with planning efforts pursuant to section 319 of 
     the Federal Water Pollution Control Act. Such programs shall, 
     at a minimum, involve the inventory of wetland resources and 
     the adoption of plans and policies to help achieve the goal 
     of no net loss of wetland resources on a watershed basis. 
     Other goals may include, but are not limited to:
       (1) Integration of wetland planning and management with 
     broader water resource and land use planning and management, 
     including flood control, water supply, storm water 
     management, and control of point and nonpoint source 
     pollution.
       (2) Adoption of measures to increase consistency in 
     Federal, State, and local wetland definitions, delineation, 
     and permitting approaches.
       (3) Establishment of management strategies for restoring 
     wetlands on a watershed basis.
       (c) Grants To Facilitate the Implementation of Section 
     404.--Subject to the requirements of this section, the 
     Administrator may make grants to States which assist the 
     Federal Government in the implementation of the section 404 
     Federal Water Pollution Control program through State 
     assumption of permitting pursuant to sections 404(g) and 
     404(h) of such Act through State permitting through a State 
     programmatic general permit pursuant to section 404(e) of 
     such Act or through monitoring and enforcement activities. In 
     order to be eligible to receive a grant under this section a 
     State shall provide assurances satisfactory to the 
     Administrator that amounts received by the State in grants 
     under this section will be used to issue regulatory permits 
     or to enforce regulations consistent with the overall goals 
     of section 802 and the standards and procedures of section 
     404(g) or 404(e) of this Act.
       (d) Maximum Amount.--No State may receive more than 
     $500,000 in total grants under subsections (a), (b), and (c) 
     in any fiscal year and more than $300,000 in grants for 
     subsection (a), (b), or (c), individually.
       (e) Federal Share.--The Federal share of the cost of 
     activities carried out using amounts made available in grants 
     under this section shall not exceed 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 per 
     fiscal year for each of fiscal years 1996, 1997, 1998, 1999, 
     and 2000.

     SEC. 806. NATIONAL COOPERATIVE WETLAND ECOSYSTEM RESTORATION 
                   STRATEGY.

       (a) Development.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in cooperation 
     with other Federal agencies, State, and local governments, 
     and representatives of the private sector, shall initiate the 
     development of a National Cooperative Wetland Ecosystem 
     Restoration Strategy.
       (b) Goals.--The goal of the National Cooperative Wetland 
     Ecosystem Restoration Strategy shall be to restore damaged 
     and degraded wetland and riparian ecosystems consistent with 
     the goals of the Water Pollution Control Amendments and the 
     goals of section 802, and the recommendations of the National 
     Academy of Sciences with regard to the restoration of aquatic 
     ecosystems.
       (c) Functions.--The National Cooperative Wetland Ecosystem 
     Restoration Strategy shall--
       (1) be designed to help coordinate and promote restoration 
     efforts by Federal, State, regional, and local governments 
     and the private sector, including efforts authorized by the 
     Coastal Wetlands Planning, Protection, and Restoration Act, 
     the North American Waterfowl Management Plan, the Wetlands 
     Reserve Program, and the wetland restoration efforts on 
     Federal, State, local, and private lands;
       (2) involve the Federal, State, and local Wetlands 
     Coordination Committee established pursuant to section 804;
       (3) inventory and evaluate existing restoration efforts and 
     make suggestions for the establishment of new watershed 
     specific efforts consistent with existing Federal programs 
     and State, regional, and local wetland protection and 
     management efforts;
       (4) evaluate the role presently being played by wetland 
     restoration in both regulatory and nonregulatory contexts and 
     the relative success of wetland restoration in these 
     contexts;
       (5) develop criteria for identifying wetland restoration 
     sites on a watershed basis, procedures for wetlands 
     restoration, and ecological criteria for wetlands 
     restoration; and
       (6) identify regulatory obstacles to wetlands ecosystem 
     restoration and recommend methods to reduce such obstacles.

     SEC. 807. PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL.

       (a) Permit Monitoring and Tracking.--Section 404(a) (33 
     U.S.C. 1344) is amended by adding at the end thereof the 
     following: ``The Secretary shall, in cooperation with the 
     Administrator, establish a permit monitoring and tracking 
     programs on a watershed basis to monitor the cumulative 
     impact of individual and general permits issued under this 
     section. This program shall determine the impact of permitted 
     activities in relationship to the no net loss goal. Results 
     shall be reported biannually to Congress.''.
       (b) Issuance of General Permits.--Paragraph (1) of section 
     404(e) is amended by inserting ``local,'' before ``State, 
     regional, or nationwide basis'' in the first sentence.
       (c) Revocation or Modification of General Permits.--
     Paragraph (2) of section 404(e) is amended by striking the 
     period at the end and inserting ``or a State or local 
     government has failed to adequately monitor and control the 
     individual and cumulative adverse effects of activities 
     authorized by State or local programmatic general permits.''.
       (d) Programmatic General Permits.--Section 404(e) is 
     amended by adding at the end thereof the following new 
     paragraph:
       ``(3) Programmatic general permits.--Consistent with the 
     following requirements, the Secretary may, after notice and 
     opportunity for public comment, issue State or local 
     programmatic general permits for the purpose of avoiding 
     unnecessary duplication of regulations by State, regional, 
     and local regulatory programs:
       ``(A) The Secretary may issue a programmatic general permit 
     based on a State, regional, or local government regulatory

[[Page 671]]

     program if that general permit includes adequate safeguards 
     to ensure that the State, regional, or local program will 
     have no more than minimal cumulative impacts on the 
     environment and will provide at least the same degree of 
     protection for the environment, including all waters of the 
     United States, and for Federal interests, as is provided by 
     this section and by the Federal permitting program pursuant 
     to section 404(a). Such safeguards shall include provisions 
     whereby the Corps District Engineer and the Regional 
     Administrators or Directors of the Environmental Protection 
     Agency, the United States Fish and Wildlife Service, and the 
     National Marine Fisheries Service (where appropriate), shall 
     have an opportunity to review permit applications submitted 
     to the State, regional, or local regulatory agency which 
     would have more than minimal individual or cumulative adverse 
     impacts on the environment, attempt to resolve any 
     environmental concern or protect any Federal interest at 
     issue, and, if such concern is not adequately addressed by 
     the State, local, or regional agency, require the processing 
     of an individual Federal permit under this section for the 
     specific proposed activity. The Secretary shall ensure that 
     the District Engineer will utilize this authority to protect 
     all Federal interests including, but not limited to, national 
     security, navigation, flood control, Federal endangered or 
     threatened species, Federal interests under the Wild and 
     Scenic Rivers Act, special aquatic sites of national 
     importance, and other interests of overriding national 
     importance. Any programmatic general permit issued under this 
     subsection shall be consistent with the guidelines 
     promulgated to implement subsection (b)(1).
       ``(B) In addition to the requirements of subparagraph (A), 
     the Secretary shall not promulgate any local or regional 
     programmatic general permit based on a local or regional 
     government's regulatory program unless the responsible unit 
     of government has also adopted a wetland and watershed 
     management plan and is administering regulations to implement 
     this plan. The watershed management plan shall include--
       ``(i) the designation of a local or regional regulatory 
     agency which shall be responsible for issuing permits under 
     the plan and for making reports every 2 years on 
     implementation of the plan and on the losses and gains in 
     functions and acres of wetland within the watershed plan 
     area;
       ``(ii) mapping of--

       ``(I) the boundary of the plan area;
       ``(II) all wetlands and waters within the plan area as well 
     as other areas proposed for protection under the plan; and
       ``(III) proposed wetland restoration or creation sites with 
     a description of their intended functions upon completion and 
     the time required for completion;

       ``(iii) a description of the regulatory policies and 
     standards applicable to all wetlands and waters within the 
     plan areas and all activities which may affect these wetlands 
     and waters that will assure, at a minimum, no net loss of the 
     functions and acres of wetlands within the plan area; and
       ``(iv) demonstration that the regulatory agency has the 
     legal authority and scientific monitoring capability to carry 
     out the proposed plan including the issuance, monitoring, and 
     enforcement of permits in compliance with the plan.''.
       (e) Grandfather of Existing General Permits.--Section 
     404(e) is further amended by adding at the end the following:
       ``(4) Grandfather of existing general permits.--General 
     permits in effect on day before the date of the enactment of 
     the Wetlands and Watershed Management Act of 1995 shall 
     remain in effect until otherwise modified by the 
     Secretary.''.
       (f) Discharges Not Requiring a Permit.--Section 404(f) (33 
     U.S.C. 1344(f)) is amended by striking the subsection 
     designation and paragraph (1) and inserting the following:
       ``(f) Exemptions.--
       ``(1) Activities not requiring permit.--
       ``(A) In general.--Activities 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--
       ``(i) 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;
       ``(ii) 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;
       ``(iii) are for the purpose of construction or maintenance 
     of farm, stock or aquaculture ponds, wastewater retention 
     facilities (including dikes and berms) that are used by 
     concentrated animal feeding operations, or irrigation canals 
     and ditches or the maintenance or reconstruction of drainage 
     ditches and tile lines;
       ``(iv) 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;
       ``(v) are for the purpose of construction or maintenance of 
     farm roads or forest roads, 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;
       ``(vi) 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;
       ``(vii) 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; and
       ``(viii) are for the purpose of preserving and enhancing 
     aviation safety or are undertaken in order to prevent an 
     airport hazard.''.
       (g) Areas Not Considered To Be Navigable Waters.--Section 
     404(f) is further amended by adding the following:
       ``(3) Areas not considered to be navigable waters.--
       ``(A) In general.--For purposes of this section, the 
     following shall not be considered navigable waters:
       ``(i) Irrigation ditches excavated in uplands.
       ``(ii) Artificially irrigated areas which would revert to 
     uplands if the irrigation ceased.
       ``(iii) Artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and which are 
     used exclusively for stock watering, irrigation, or rice 
     growing.
       ``(iv) Artificial reflecting or swimming pools or other 
     small ornamental bodies of water created by excavating or 
     diking uplands to retain water for primarily aesthetic 
     reasons.
       ``(v) Temporary, water filled depressions created in 
     uplands incidental to construction activity.
       ``(vi) 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 and the resulting body of water meets the 
     definition of waters of the United States.
       ``(vii) Artificial stormwater detention areas and 
     artificial sewage treatment areas which are not modified 
     natural waters.
       ``(B) Demonstration required.--Subparagraph (A) shall not 
     apply to a particular water body unless the person desiring 
     to discharge dredged or fill material in that water body is 
     able to demonstrate that the water body qualifies under 
     subparagraph (A) for exemption from regulation under this 
     section.''.

     SEC. 808. TECHNICAL ASSISTANCE TO PRIVATE LANDOWNERS, 
                   CODIFICATION OF REGULATIONS AND POLICIES.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(u)(1) The Secretary and the Administrator shall in 
     cooperation with the United States Fish and Wildlife Service, 
     Natural Resources Conservation Service, and National Marine 
     Fisheries Service provide technical assistance to private 
     landowners in delineation of wetlands and the planning and 
     management of their wetlands. This assistance shall include--
       ``(A) the delineation of wetland boundaries within 90 days 
     (providing on the ground conditions allow) of a request for 
     such delineation for a project with a proposed individual 
     permit application under this section and a total assessed 
     value of less than $15,000; and
       ``(B) the provision of technical assistance to owners of 
     wetlands in the preparation of wetland management plans for 
     their lands to protect and restore wetlands and meet other 
     goals of this Act, including control of nonpoint and point 
     sources of pollution, prevention and reduction of erosion, 
     and protection of estuaries and lakes.
       ``(2) The Secretary shall prepare, update on a biannual 
     basis, and make available to the public for purchase at cost, 
     an indexed publication containing all Federal regulations, 
     general permits, and regulatory guidance letters relevant to 
     the permitting of activities in wetland areas pursuant to 
     section 404(a). The Secretary and the Administrator shall 
     also prepare and distribute brochures and pamphlets for the 
     public addressing--
       ``(A) the delineation of wetlands,
       ``(B) wetland permitting requirements; and
       ``(C) wetland restoration and other matters considered 
     relevant.''.

     SEC. 809. DELINEATION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(v) Delineation.--
       ``(1) In general.--The United States Army Corps of 
     Engineers, the United States Environmental Protection Agency, 
     and other Federal agencies shall use the 1987 Corps of 
     Engineers Manual for the Delineation of Jurisdictional 
     Wetlands pursuant to this section until a new manual has been 
     prepared and formally adopted by the Corps and the 
     Environmental Protection Agency with

[[Page 672]]

     input from the United States Fish and Wildlife Service, 
     Natural Resources, Natural Resources Conservation Service, 
     and other relevant agencies and adopted after field testing, 
     hearing, and public comment. Any new manual shall take into 
     account the conclusions of the National Academy of Sciences 
     panel concerning the delineation of wetlands. The Corps, in 
     cooperation with the Environmental Protection Agency and the 
     Department of Agriculture, shall develop materials and 
     conduct training courses for consultants, State, and local 
     governments, and landowners explaining the use of the Corps 
     1987 wetland manual in the delineation of wetland areas. The 
     Corps, in cooperation with the Environmental Protection 
     Agency and the Department of Agriculture, may also, in 
     cooperation with the States, develop supplemental criteria 
     and procedures for identification of regional wetland types. 
     Such criteria and procedures may include supplemental plant 
     and soil lists and supplementary technical criteria 
     pertaining to wetland hydrology, soils, and vegetation.
       ``(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 section 1222(j) of the Food Security Act of 
     1985 (16 U.S.C. 3822(j)).
       ``(B) Exemption of lands exempted under food security 
     act.--Any area of agricultural land or any discharge 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 as agricultural lands.
       ``(C) Effect of appeal determination pursuant to food 
     security act.--Any area of agricultural land or any discharge 
     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 as agricultural lands.''.

     SEC. 810. FAST TRACK FOR MINOR PERMITS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(w)(1) Not later than 6 months after the date of 
     enactment of this subsection, the Secretary shall issue 
     regulations to explore the review and practice of individual 
     permits for minor activities. Minor activities include 
     activities of 1 acre or less in size which also have minor 
     direct, secondary, or cumulative impacts.
       ``(2) Permit applications for minor permits shall 
     ordinarily be processed within 60 days of the receipt of 
     completed application.
       ``(3) The Secretary shall establish fast-track field teams 
     or other procedures in the individual offices sufficient to 
     expedite the processing of the individual permits involving 
     minor activities.''.

     SEC. 811. COMPENSATORY MITIGATION.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(x) General Requirements.--(1) Each permit issued under 
     this section that results in loss of wetland functions or 
     acreage shall require compensatory mitigation. The preferred 
     sequence of mitigation options is as set forth in 
     subparagraph (A) and (C). However, the Secretary shall have 
     sufficient flexibility to approve practical options that 
     provide the most protection to the resource--
       ``(A) measures shall first be undertaken by the permittee 
     to avoid any adverse effects on wetlands caused by activities 
     authorized by the permit.
       ``(B) measures shall be undertaken by the permittee to 
     minimize any such adverse effects that cannot be avoided;
       ``(C) measures shall then be undertaken by the permittee to 
     compensate for adverse impacts on wetland functions, values, 
     and acreage;
       ``(D) where compensatory mitigation is used, preference 
     shall be given to in-kind restoration on the same water body 
     and within the same local watershed;
       ``(E) where on-site and in-kind compensatory mitigation are 
     impossible, impractical, would fail to work in the 
     circumstances, or would not make ecological sense, off-site 
     and/or out-of-kind compensatory mitigation may be permitted 
     within the watershed including participation in cooperative 
     mitigation ventures or mitigation banks as provided in 
     section 404(y).
       ``(2) The Secretary in consultation with the Administrator 
     shall ensure that compensable mitigation by a permitee--
       ``(A) is a specific, enforceable condition of the permit 
     for which it is required;
       ``(B) will meet defined success criteria; and
       ``(C) is monitored to ensure compliance with the conditions 
     of the permit and to determine the effectiveness of the 
     mitigation in compensating for the adverse effects for which 
     it is required.''.

     SEC. 812. COOPERATIVE MITIGATION VENTURES AND MITIGATION 
                   BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(y)(1) Not later than 1 year after the date of the 
     enactment of this Act, the Secretary and the Administrator 
     shall jointly issue rules for a system of cooperative 
     mitigation ventures and wetland banks. Such rules shall, at 
     the minimum, address the following topics:
       ``(A) Mitigation banks and cooperative ventures may be used 
     on a watershed basis to compensate for unavoidable wetland 
     losses which cannot be compensated on-site due to inadequate 
     hydrologic conditions, excessive sedimentation, water 
     pollution, or other problems. Mitigation banks and 
     cooperative ventures may also be used to improve the 
     potential success of compensatory mitigation through the use 
     of larger projects, by locating projects in areas in more 
     favorable short-term and long-term hydrology and proximity to 
     other wetlands and waters, and by helping to ensure short-
     term and long-term project protection, monitoring, and 
     maintenance.
       ``(B) Parties who may establish mitigation banks and 
     cooperative mitigation ventures for use in specific context 
     and for particular types of wetlands may include government 
     agencies, nonprofits, and private individuals.
       ``(C) Surveys and inventories on a watershed basis of 
     potential mitigation sites throughout a region or State shall 
     ordinarily be required prior to the establishment of 
     mitigation banks and cooperative ventures pursuant to this 
     section.
       ``(D) Mitigation banks and cooperative mitigation ventures 
     shall be used in a manner consistent with the sequencing 
     requirements to mitigate unavoidable wetland impacts. Impacts 
     should be mitigated within the watershed and water body if 
     possible with on-site mitigation preferable as set forth in 
     section 404(x).
       ``(E) The long-term security of ownership interests of 
     wetlands and uplands on which projects are conducted shall be 
     insured to protect the wetlands values associated with those 
     wetlands and uplands;
       ``(F) Methods shall be specified to determine debits by 
     evaluating wetland functions, values, and acreages at the 
     sites of proposed permits for discharges or alternations 
     pursuant to subsections (a), (c), and (g) and methods to be 
     used to determine credits based upon functions, values, and 
     acreages at the times of mitigation banks and cooperative 
     mitigation ventures.
       ``(G) Geographic restrictions on the use of banks and 
     cooperative mitigation ventures shall be specified. In 
     general, mitigation banks or cooperative ventures shall be 
     located on the same water body as impacted wetlands. If this 
     is not possible or practical, banks or ventures shall be 
     located as near as possible to impacted projects with 
     preference given to the same watershed where the impact is 
     occurring.
       ``(H) Compensation ratios for restoration, creation, 
     enhancement, and preservation reflecting and overall goal of 
     no net loss of function and the status of scientific 
     knowledge with regard to compensation for individual 
     wetlands, risks, costs, and other relevant factors shall be 
     specified. A minimum restoration compensation ratio of 1:1 
     shall be required for restoration of lost acreage with larger 
     compensation ratios for wetland creation, enhancement and 
     preservation.
       ``(I) Fees to be charged for participation in a bank or 
     cooperative mitigation venture shall be based upon the costs 
     of replacing lost functions and acreage on-site and off-site; 
     the risks of project failure, the costs of long-term 
     maintenance, monitoring, and protection, and other relevant 
     factors.
       ``(J) Responsibilities for long-term monitoring, 
     maintenance, and protection shall be specified.
       ``(K) Public review of proposals for mitigation banks and 
     cooperative mitigation ventures through one or more public 
     hearings shall be provided.
       ``(2) The Secretary, in consultation with the 
     Administrator, is authorized to establish and implement a 
     demonstration program for creating and implementing 
     mitigation banks and cooperative ventures and for evaluating 
     alternative approaches for mitigation banks and cooperative 
     mitigation ventures as a means of contributing to the goals 
     established by section 101(a)(8) or section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 401 and 403). The Secretary shall 
     also monitor and evaluate existing banks and cooperative 
     ventures and establish a number of such banks and cooperative 
     ventures to test and demonstrate:
       ``(A) The technical feasibility of compensation for lost 
     on-site values through off-site cooperative mitigation 
     ventures and mitigation banks.
       ``(B) Techniques for evaluating lost wetland functions and 
     values at sites for which permits are sought pursuant to 
     section 404(a) and techniques for determining appropriate 
     credits and debits at the sites of cooperative mitigation 
     ventures and mitigation banks.
       ``(C) The adequacy of alternative institutional 
     arrangements for establishing and administering mitigation 
     banks and cooperative mitigation ventures.
       ``(D) The appropriate geographical locations of bank or 
     cooperative mitigation ventures in compensation for lost 
     functions and values.
       ``(E) Mechanisms for ensuring short-term and long-term 
     project monitoring and maintenance.
       ``(F) Techniques and incentives for involving private 
     individuals in establishing and implementing mitigation banks 
     and cooperative mitigation ventures.
     Not later than 3 years after the date of the enactment of 
     this subsection, the Secretary shall transmit to Congress a 
     report evaluating mitigation banks and cooperative ventures. 
     The Secretary shall also, within this time period, prepare 
     educational materials and conduct training programs with 
     regard to the use of mitigation banks and cooperative 
     ventures.''.

[[Page 673]]

     SEC. 813. WETLANDS MONITORING AND RESEARCH.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(z) The Secretary, in cooperation with the Administrator, 
     the Secretary of Agriculture, the Director of the United 
     States Fish and Wildlife Service, and appropriate State and 
     local government entities, shall initiate, with opportunity 
     for public notice and comment, a research program of wetlands 
     and watershed management. The purposes of the research 
     program shall include, but not be limited--
       ``(1) to study the functions, values and management needs 
     of altered, artificial, and managed wetland systems including 
     lands that were converted to production of commodity crops 
     prior to December 23, 1985, and report to Congress within 2 
     years of the date of the enactment of this subsection;
       ``(2) to study techniques for managing and restoring 
     wetlands within a watershed context;
       ``(3) to study techniques for better coordinating and 
     integrating wetland, floodplain, stormwater, point and 
     nonpoint source pollution controls, and water supply planning 
     and plan implementation on a watershed basis at all levels of 
     government; and
       ``(4) to establish a national wetland regulatory tracking 
     program on a watershed basis.

     This program shall track the individual and cumulative impact 
     of permits issued pursuant to section 404(a), 404(e), and 
     404(h) in terms of types of permits issued, conditions, and 
     approvals. The tracking program shall also include mitigation 
     required in terms of the amount required, types required, and 
     compliance.''.

     SEC. 814. ADMINISTRATIVE APPEALS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(aa) Administrative Appeals.--
       ``(1) Regulations establishing procedures.--Not later than 
     1 year after the date of the enactment of the Wetlands and 
     Watershed 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.''.

     SEC. 815. CRANBERRY PRODUCTION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(bb) 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--
       ``(1) 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
       ``(2) the activity is required by any State or Federal 
     water quality program.''.

     SEC. 816. STATE CLASSIFICATION SYSTEMS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(cc) State Classification Systems.--
       ``(1) Guidelines.--Not later than 1 year after the date of 
     the enactment of this subsection, the Secretary, in 
     consultation with the Administrator, the Secretary of 
     Agriculture, and the Director of the United States Fish and 
     Wildlife Service, shall establish guidelines to aid States 
     and Indian tribes in establishing classification systems for 
     the planning, managing, and regulating of wetlands.
       ``(2) Establishment.--In accordance with the guidelines 
     established under paragraph (1), a State or Indian tribe may 
     establish a wetlands classification system for lands of the 
     State or Indian tribe and may submit such classification 
     system to the Secretary for approval. Upon approval, the 
     Secretary shall use such classification system in making 
     permit determinations and establishing mitigation 
     requirements for lands of the State or Indian tribe under 
     this section.
       ``(3) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to affect a State with an 
     approved program under subsection (h) or a State with a 
     wetlands classification system in effect on the date of the 
     enactment of this subsection.''.

     SEC. 817. DEFINITIONS.

       Section 502 (33 U.S.C. 1362) is amended by adding at the 
     end the following:
       ``(26) The term `wetland' means those areas that are 
     inundated or saturated by surface water or ground water at a 
     frequency and duration sufficient to support, and that under 
     normal circumstances do support, a prevalence of vegetation 
     typically adapted to life in saturated soil conditions.
       ``(27) The term `discharge of dredged or fill material' 
     means the act of discharging and any related act of filling, 
     grading, draining, dredging, excavation, channelization, 
     flooding, clearing of vegetation, driving of piling or 
     placement of other obstructions, diversion of water, or other 
     activities in navigable waters which impair the flow, reach, 
     or circulation of surface water, or which result in a more 
     than minimal change in the hydrologic regime, bottom contour, 
     or configuration of such waters, or in the type, 
     distribution, or diversity of vegetation in such waters.
       ``(28) The term `mitigation bank' shall mean wetland 
     restoration, creation, or enhancement projects undertaken 
     primarily for the purpose of providing mitigation 
     compensation credits for wetland losses from future 
     activities. Often these activities will be, as yet, 
     undefined.
       ``(29) The term `cooperative mitigation ventures' shall 
     mean wetland restoration, creation, or enhancement projects 
     undertaken jointly by several parties (such as private, 
     public, and nonprofit parties) with the primary goal of 
     providing compensation for wetland losses from existing or 
     specific proposed activities. Some compensation credits may 
     also be provided for future as yet undefined activities. Most 
     cooperative mitigation ventures will involve at least one 
     private and one public cooperating party.
       ``(30) 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.
       ``(31) 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.''.
                        TITLE IX--MISCELLANEOUS

     SEC. 901. OBLIGATIONS AND EXPENDITURES SUBJECT TO 
                   APPROPRIATIONS.

       No provision or amendments of this Act shall be construed 
     to make funds available for obligation or expenditure for any 
     purpose except to the extent provided in advance in 
     appropriation Acts.

  Amendment submitted by Mr. MINGE:

       ``Page 130, after line 5, add the following: `(5) 
     Agricultural Permit Authority.--The Secretary of Agriculture 
     is authorized to issue permits in accordance with this 
     section for any activity resulting from normal farming, 
     silviculture, aquaculture, and ranching activities and 
     practices carried out on agricultural lands or for any 
     activity incidental thereto carried out on agricultural lands 
     if the agricultural land is not subject to sections 1221-1223 
     of the Food Security Act of 1985 (16 U.S.C. 3821-3823). Any 
     activity allowed by the Secretary of Agriculture under 
     sections 1221-1223 of the Food Security Act of 1985 (16 
     U.S.C. 3821-3823) shall be deemed permitted under this 
     section and no individual request for or granting of a permit 
     shall be required.' ''
       ``Page 146, after line 7, add the following: `(z) 
     Mitigation of Agricultural Lands.--Any mitigation approved by 
     the Secretary of Agriculture for agricultural lands shall be 
     accepted by the Secretary as mitigation under this section.' 
     ''

It was decided in the

Yeas

184

negative

Nays

242
```