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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1114 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1114

 To amend and reauthorize the Federal Water Pollution Control Act, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 15, 1993

Mr. Baucus (for himself and Mr. Chafee) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend and reauthorize the Federal Water Pollution Control Act, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Water Pollution 
Prevention and Control Act of 1993''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings and purpose.
                     TITLE I--WATER PROGRAM FUNDING

Sec. 101. State revolving loan funds.
Sec. 102. State program grants.
Sec. 103. General program authorizations.
            TITLE II--TOXIC POLLUTION PREVENTION AND CONTROL

Sec. 201. Point source technology based controls.
Sec. 202. Water quality criteria and standards.
Sec. 203. Toxic pollutant phase-out.
Sec. 204. Pretreatment program.
Sec. 205. Pollution prevention planning.
      TITLE III--WATERSHED PLANNING AND NONPOINT POLLUTION CONTROL

Sec. 301. Water quality monitoring.
Sec. 302. Comprehensive watershed management.
Sec. 303. Impaired waters identification.
Sec. 304. Nonpoint pollution control.
                 TITLE IV--MUNICIPAL POLLUTION CONTROL

Sec. 401. Combined sewer overflows.
Sec. 402. Stormwater management.
Sec. 403. Water conservation.
                TITLE V--PERMIT PROGRAM AND ENFORCEMENT

Sec. 501. Permit fees.
Sec. 502. Permit program modifications.
Sec. 503. Enforcement.
                      TITLE VI--PROGRAM MANAGEMENT

Sec. 601. Technology development.
Sec. 602. State certification.
Sec. 603. Reports to Congress.
Sec. 604. Definitions.
Sec. 605. Indian programs.
Sec. 606. Clean water education.
Sec. 607. National estuary program.
    (c) References to the Federal Water Pollution Control Act.--
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 et seq.), except to 
the extent otherwise specifically provided.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Over the past 20 years, the Federal Water Pollution 
        Control Act has resulted in great progress towards achieving 
        the goal Congress established when Congress enacted such Act in 
        1972: ``to restore and maintain the chemical, physical, and 
        biological integrity of the Nation's waters''.
            (2) Despite this progress, significant water pollution 
        problems remain. Thirty percent of the waters of the United 
        States suffer varying degrees of water quality impairments, 
        toxic pollutants remain a significant threat to aquatic systems 
        and to human health, and pollution from nonpoint sources 
        accounts for significant impairments.
            (3) There is a substantial need for water quality projects 
        throughout the country. The cost of sewage treatment projects 
        is estimated to be $80,000,000,000.
            (4) In order to achieve further progress, additional 
        resources must be made available to State and municipal 
        governments, including increased financial assistance for water 
        quality projects and increased program support through permit 
        fees.
            (5) Substantial opportunities exist to improve water 
        pollution control by using new water pollution control 
        strategies, such as pollution prevention planning, water 
        conservation, the development of innovative pollution control 
        technology, comprehensive watershed planning, and programs that 
        protect the physical and biological properties of aquatic 
        systems.
            (6) Substantial opportunities exist to improve water 
        pollution control by improving the operation of existing 
        programs that apply to toxic pollutants, including pollutant 
        criteria and standards, effluent guidelines, pretreatment 
        standards, and the authority to phase out certain toxic 
        pollutants.
            (7) Substantial opportunities exist to improve water 
        pollution control by addressing pollution from nonpoint 
        sources, such as construction, forestry, and agriculture, 
        particularly through the use of watershed planning, targeted 
        control measures, and financial assistance.
            (8) Pollution from overflows from combined storm and 
        sanitary sewers and from stormwater discharges continues to 
        cause significant water quality impairments. A long-range 
        strategy for control of these discharges, which recognizes 
        financial constraints, is necessary.
            (9) All dischargers to the waters of the United States, 
        including Federal agencies, have an obligation to comply with 
        water quality laws. More can be done to ensure that enforcement 
        by Federal and State governments and citizen groups is prompt 
        and effective.
    (b) Purpose.--The purpose of this Act is to reauthorize the Federal 
Water Pollution Control Act in order to provide expanded assistance to 
State governments, address remaining water pollution control problems, 
employ new pollution control strategies, and improve overall water 
program implementation.

                     TITLE I--WATER PROGRAM FUNDING

SEC. 101. STATE REVOLVING LOAN FUNDS.

    (a) Grants to States for Establishment of Revolving Funds.--
            (1) In general.--Subsection (a) of section 601 (33 U.S.C. 
        1381(a)) is amended to read as follows:
    ``(a) General Authority.--Subject to this title, the Administrator 
shall make capitalization grants to each State for the purpose of 
establishing a water pollution control revolving fund.''.
            (2) Projects eligible for assistance.--Subsection (c) of 
        section 603 (33 U.S.C. 1383(c)) is amended to read as follows:
    ``(c) Projects Eligible for Assistance.--
            ``(1) In general.--The funds available to each State water 
        pollution control revolving fund (referred to in this section 
        as the `fund') may be used only for providing assistance, for 
        projects with respect to which the principal purpose is 
        protecting and improving water quality, to a municipality, 
        intermunicipal agency, interstate agency, State agency, or 
        individual, to carry out 1 or more of the following activities:
                    ``(A) The construction of a publicly owned 
                treatment works, as defined in section 212.
                    ``(B) Implementing an approved management program 
                under section 319.
                    ``(C) Implementing an approved conservation and 
                management plan under section 320.
                    ``(D) Implementing a combined stormwater and 
                sanitary sewer overflow elimination program.
                    ``(E) Providing assistance to a subsurface sewage 
                disposal management organization approved by the 
                Administrator pursuant to section 319.
                    ``(F) Carrying out projects identified in a 
                watershed plan prepared pursuant to section 321.
                    ``(G) Implementing a Lakewide Management Plan or 
                Remedial Action Plan developed pursuant to section 118.
                    ``(H) Implementing a lake protection project 
                developed pursuant to section 314.
                    ``(I) Constructing an animal waste management 
                facility approved pursuant to section 319.
            ``(2) Limitation of assistance.--
                    ``(A) Discharge activities.--Assistance provided 
                under this subsection to an individual for an activity 
                related to a discharge shall be limited to an activity 
                not otherwise required by this or other Federal law.
                    ``(B) Other activities.--Assistance provided under 
                this subsection for projects eligible pursuant to 
                subparagraphs (F) through (I) of paragraph (1) shall be 
                limited to projects that are consistent with a 
                watershed plan prepared under section 321.
            ``(3) Revolving fund.--The fund shall be established, 
        maintained, and credited with repayments, and the fund shall be 
        available in perpetuity for assisting eligible projects.
            ``(4) Assistance for constructing publicly owned treatment 
        works.--Assistance provided pursuant to subparagraphs (A) and 
        (D) of paragraph (1) may include the cost of obtaining any 
        necessary land, easement, or right-of-way with respect to which 
        the recipient of assistance is not the owner (at the time of 
        receipt of assistance) that is directly related to the 
        treatment plant or outfall of a publicly owned treatment works, 
        except that the amount provided as assistance may not exceed 
        the assessed value of the land, easement, or right-of-way.''.
    (b) Capitalization Grants.--
            (1) Specific requirements for capitalization grant 
        agreements.--
                    (A) Capitalization grant agreements.--Section 
                602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
                            (i) by striking ``1995'' and inserting 
                        ``2001'';
                            (ii) by striking ``201(g)(1), 201(g)(2),''; 
                        and
                            (iii) by striking ``201(g)(6)''.
                    (B) Grants for construction of treatment works.--
                Section 201 (33 U.S.C. 1281) is amended--
                            (i) in subsection (g)(5), by adding at the 
                        end the following new sentence: 
                        ``Notwithstanding any other provision of this 
                        paragraph, the Administrator may deem that the 
                        requirements of this paragraph have been met by 
                        a treatment works that serves 10,000 or fewer 
                        individuals if the treatment works has 
                        considered a group of alternatives described by 
                        the Administrator in guidance documents.''; and
                            (ii) in subsection (o), in the matter 
                        preceding paragraph (1), by inserting after 
                        ``assist applicants for grant assistance under 
                        this title'' the following: ``(except for any 
                        applicant for grant assistance for a publicly 
                        owned treatment works that serves 10,000 or 
                        fewer individuals)''.
                    (C) State share.--The first sentence of section 
                204(b)(1)(A) (33 U.S.C. 1284(b)(1)(A)) is amended by 
                striking ``proportionate''.
            (2) Dedicated source.--Section 603(d)(1)(C) (33 U.S.C. 
        1383(d)(1)(C)) is amended by inserting ``for a project eligible 
        under subparagraph (A), (D), or (E) of subsection (c)(1)'' 
        after ``a loan''.
            (3) Consistency with planning requirements.--Section 603(f) 
        (33 U.S.C. 1383(f)) is amended--
                    (A) by striking ``is consistent with'' and 
                inserting ``is not inconsistent with''; and
                    (B) by striking ``and 320'' and inserting ``320, 
                and 321''.
    (c) Technical Assistance for Small Systems.--Section 602 (33 U.S.C. 
1382) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by inserting ``except as 
                provided in subsection (c),'' before ``the State will 
                deposit''; and
                    (B) in paragraph (3), by inserting ``except as 
                provided in subsection (c),'' before ``the State will 
                enter''; and
            (2) by adding at the end the following new subsection:
    ``(c) Technical Assistance for Small Systems.--
            ``(1) Definitions.--As used in this subsection:
                    ``(A) Small system.--The term `small system' means 
                a publicly owned treatment works or a subsurface sewage 
                disposal system that serves 10,000 or fewer 
                individuals.
                    ``(B) Technical assistance.--The term `technical 
                assistance' includes technical and financial management 
                assistance provided by a State to a small system. The 
                term includes assistance provided by a State for the 
                planning and design of a small system (referred to in 
                this subsection as `facility planning and design').
            ``(2) Value of planning and design assistance.--The value 
        of planning and design assistance provided to a small system 
        shall be repaid as part of any loan provided to the small 
        system pursuant to this title.
            ``(3) Technical assistance.--
                    ``(A) In general.--
                            ``(i) Offset.--Subject to subparagraphs (B) 
                        and (C), each State may reduce the amount that 
                        would otherwise be required to be deposited by 
                        the State as State matching funds under 
                        subsection (b)(2) by the amount equal to the 
                        value of technical assistance provided by the 
                        State, from funds made available by the State.
                            ``(ii) Treatment of offset with respect to 
                        binding commitments.--Each State may reduce the 
                        amount of assistance provided in accordance 
                        with binding commitments that would otherwise 
                        be required under subsection (b)(3) by an 
                        amount equal to the value of the offset of 
                        State matching funds made pursuant to this 
                        paragraph.
                    ``(B) Maximum offset.--For each State, the total 
                amount of the offset of State matching funds made 
                pursuant to this paragraph for a fiscal year may not 
                exceed the greater of--
                            ``(i) an amount equal to 2 percent of the 
                        amount of the capitalization grant received by 
                        the State pursuant to this section; or
                            ``(ii) $100,000.
                    ``(C) Assistance for planning and design.--To 
                provide assistance for a small system that does not 
                receive a loan under this title, the State may use a 
                portion of the amount referred to in subparagraph (B) 
                to provide a grant for facility planning and design. 
                The amount of the grant award may not exceed 50 percent 
                of the cost of the facility planning and design.''.
    (d) Assistance for Disadvantaged Communities.--Subsection (h) of 
section 603 (33 U.S.C. 1383(h)) is amended to read as follows:
    ``(h) Assistance for Disadvantaged Communities.--
            ``(1) Disadvantaged community defined. As used in this 
        subsection, 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 (referred to in this 
        subsection as `average annual residential user charges') is an 
        amount greater than 1.5 percent of the median household income 
        for the service area.
            ``(2) Loan forgiveness.--In any case in which the State 
        makes a loan pursuant to subsection (d)(1) to a disadvantaged 
        community or to a community that the State expects to become a 
        disadvantaged community, the State may forgive an amount of the 
        principal of the loan not to exceed the amount of forgiveness 
        required to ensure that the average annual residential user 
        charges for the service area of the publicly owned treatment 
        works that is the subject of the loan does not exceed 1.5 
        percent of the median household income for the service area.
            ``(3) Grant or loan amount.--The total amount of loan 
        forgiveness made by a State pursuant to paragraph (2) to a 
        disadvantaged community or to a community that the State 
        expects to become a disadvantaged community may not exceed 
        $20,000,000.
            ``(4) Total amount of loan forgiveness.--For each fiscal 
        year, the total amount of loan forgiveness made by a State 
        pursuant to paragraph (2) may not exceed 20 percent of the 
        amount of the capitalization grant received by the State for 
        the year.''.
    (e) Water Pollution Control Revolving Loan Funds.--
            (1) Grants to certain states.--Section 603 (42 U.S.C. 1383) 
        is amended by adding at the end the following new subsection:
    ``(i) Assistance to Certain States.--
            ``(1) In general.--The sums authorized to be appropriated 
        for capitalization grants under this title to American Samoa, 
        Guam, the Commonwealth of the Northern Mariana Islands, the 
        Republic of Palau (pending ratification of the Compact of Free 
        Association), the United States Virgin Islands, and the 
        District of Columbia may be used for construction grants under 
        title II at the request of the chief executive of the entity.
            ``(2) Requirements for publicly owned treatment works.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each publicly owned treatment works 
                that receives assistance under this subsection shall be 
                required to meet the requirements of this Act in the 
                same manner as is required for each publicly owned 
                treatment works that receives assistance under title 
                II.
                    ``(B) Exception.--In the case of a publicly owned 
                treatment works in the District of Columbia, the 
                matching percentage required under title II shall be 20 
                percent.''.
            (2) Administrative costs.--Section 603(d)(7) (33 U.S.C. 
        1383(d)(7)) is amended by inserting before the period at the 
        end the following: ``, or, at the request of the State and with 
        the approval of the Administrator, \1/2\ percent of the sum of 
        the total amount of the capitalization grants made to the State 
        under this title and funds deposited by the State from sums 
        made available by the State by appropriations''.
            (3) Reservation of funds.--The first sentence of section 
        205(g)(1) (33 U.S.C. 1285(g)(1)) is amended by striking 
        ``ending before October 1, 1994'' and inserting ``ending before 
        October 1, 1997''.
    (f) Allotment of Funds.--
            (1) In general.--Subsection (a) of section 604 (33 U.S.C. 
        1384(a)) is amended to read as follows:
    ``(a) Allotment.--
            ``(1) Amount allotted in accordance with section 205(c).--
                    ``(A) In general.--The applicable percentage of the 
                amounts made available by appropriation to carry out 
                this section for each of fiscal years 1995 through 2000 
                shall be allotted by the Administrator in accordance 
                with section 205(c).
                    ``(B) Applicable percentage.--The applicable 
                percentage referred to in subparagraph (A) shall be--
                            ``(i) 60 percent for fiscal year 1995;
                            ``(ii) 40 percent for fiscal year 1996;
                            ``(iii) 20 percent for fiscal year 1997; 
                        and
                            ``(iv) 0 percent for each of fiscal years 
                        1998 through 2000.
            ``(2) Amount allotted in accordance with new formulas.--
                    ``(A) General allotment.--
                            ``(i) In general.--The applicable 
                        percentage of the amounts made available by 
                        appropriation to carry out this section for 
                        each of fiscal years 1995 through 2000 shall be 
                        allotted by the Administrator in accordance 
                        with a formula that the Administrator shall 
                        establish pursuant to this subparagraph.
                            ``(ii) Applicable percentage.--The 
                        applicable percentage referred to in clause (i) 
                        shall be--
                                    ``(I) 40 percent for fiscal year 
                                1995;
                                    ``(II) 55 percent for fiscal year 
                                1996;
                                    ``(III) 70 percent for fiscal year 
                                1997;
                                    ``(IV) 85 percent for fiscal year 
                                1998;
                                    ``(V) 80 percent for fiscal year 
                                1999; and
                                    ``(VI) 75 percent for fiscal year 
                                2000.
                            ``(iii) Formula.--
                                    ``(I) In general.--Not later than 
                                October 1, 1994, and every 2 years 
                                thereafter through October 1, 2000, the 
                                Administrator shall, by regulation, 
                                establish a formula for allotting the 
                                amounts referred to in clause (i).
                                    ``(II) Criteria for formula.--Each 
                                formula referred to in clause (i) shall 
                                provide for--
                                            ``(aa) the allotment to 
                                        each State of an amount that 
                                        bears the same ratio to the 
                                        amounts made available for 
                                        allotment under this 
                                        subparagraph as the total 
                                        amount of costs of projects 
                                        eligible for assistance under 
                                        section 603(c)(1) for the State 
                                        bears to the total amount of 
                                        costs of projects eligible for 
                                        assistance under section 
                                        603(c)(1) for all States; and
                                            ``(bb) the adjustment of 
                                        the amounts allotted pursuant 
                                        to item (aa) to meet the 
                                        requirements of paragraph (3).
                    ``(B) Allotment for watershed management and 
                planning.--
                            ``(i) In general.--The applicable 
                        percentage of the amounts made available by 
                        appropriation to carry out this section for 
                        each of fiscal years 1995 through 2000 shall be 
                        allotted by the Administrator for watershed 
                        planning and management under section 321 in 
                        accordance with a formula that the 
                        Administrator shall establish pursuant to this 
                        subparagraph.
                            ``(ii) Applicable percentage.--The 
                        applicable percentage referred to in clause (i) 
                        shall be--
                                    ``(I) 5 percent for fiscal year 
                                1996;
                                    ``(II) 10 percent for fiscal year 
                                1997;
                                    ``(III) 15 percent for fiscal year 
                                1998;
                                    ``(IV) 20 percent for fiscal year 
                                1999; and
                                    ``(V) 25 percent for fiscal year 
                                2000.
                            ``(iii) Formula.--
                                    ``(I) In general.--Not later than 
                                October 1, 1994, and every 2 years 
                                thereafter through October 1, 2000, the 
                                Administrator shall, by regulation, 
                                establish a formula for allotting the 
                                amounts referred to in clause (i).
                                    ``(II) Criteria for formula.--Each 
                                formula referred to in clause (i) shall 
                                provide for--
                                            ``(aa) the allotment to 
                                        each State of an amount that 
                                        bears the same ratio to the 
                                        amounts made available for 
                                        allotment under this 
                                        subparagraph as the total 
                                        amount of costs of projects 
                                        eligible for assistance under 
                                        section 603(c)(1)(F) for the 
                                        State bears to the total amount 
                                        of costs of projects eligible 
                                        for assistance under section 
                                        603(c)(1)(F) for all States; 
                                        and
                                            ``(bb) the adjustment of 
                                        the amounts allotted pursuant 
                                        to item (aa) to meet the 
                                        requirements of paragraph (3).
            ``(3) Minimum allotment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the minimum percentage amount of the 
                amounts made available by appropriation to carry out 
                this section for each of fiscal years 1995 through 2000 
                allotted to each of the 50 States shall be \1/2\ 
                percent.
                    ``(B) Certain territories.--
                            ``(i) In general.--A total amount equal to 
                        the amount specified in clause (ii) shall be 
                        allotted among the following:
                                    ``(I) American Samoa.
                                    ``(II) Guam.
                                    ``(III) The Commonwealth of the 
                                Northern Mariana Islands.
                                    ``(IV) The Republic of Palau 
                                (pending ratification of the Compact of 
                                Free Association).
                                    ``(V) The United States Virgin 
                                Islands.
                            ``(ii) Amount specified.--The total amount 
                        allotted pursuant to clause (i) shall be not 
                        less than \1/3\ percent of the amounts made 
                        available by appropriation to carry out this 
                        section for each of fiscal years 1995 through 
                        2000.''.
            (2) Planning funds.--Subsection (b) of section 604 (33 
        U.S.C. 1384(b)) is amended to read as follows:
    ``(b) Reservation of Funds for Planning.--To carry out planning 
under sections 205(j)(2), 303(e), and 321, each State shall reserve for 
each fiscal year the greater of--
            ``(1) an amount not to exceed 3 percent of the funds 
        allotted to the State under this section for the fiscal year; 
        or
            ``(2) $250,000.''.
            (3) Use of unobligated funds.--Section 604(c) (33 U.S.C. 
        1384(c)) is amended by striking paragraph (2) and inserting the 
        following new paragraph:
            ``(2) Use of unobligated funds.--
                    ``(A) In general.--Any unobligated amount of any 
                allotment to a State on the last day of the 2-year 
                period of availability established under paragraph (1), 
                shall be deposited in an unobligated funds account in 
                the Treasury of the United States.
                    ``(B) Grants.--Amounts in the account referred to 
                in subparagraph (A) shall be available to the 
                Administrator to award grants to fund 100 percent of 
                the cost of a modification or replacement of any 
                innovative process or technology funded under title II.
                    ``(C) Criteria for grant awards.--The Administrator 
                may award a grant under this paragraph on the basis of 
                a finding that the process or technology has not met 
                design performance specifications and has significantly 
                increased capitalization or operation maintenance 
                costs, unless the failure of the process or technology 
                to meet the specifications is attributable to 
                negligence on the part of a person.''.
    (g) Alternative Use of Funds.--Section 602(b)(3) (33 U.S.C. 
1382(b)(3)) is amended by striking ``120'' and inserting ``200''.
    (h) Authorization of Appropriations.--Section 607 (33 U.S.C. 1387) 
is amended--
            (1) by striking ``There is authorized'' and inserting ``(a) 
        In General.--Except as provided in subsection (b), there are 
        authorized'';
            (2) in subsection (a) (as so designated)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) $2,500,000,000 for each of fiscal years 1995 through 
        2000.''; and
            (3) by adding at the end the following new subsection:
    ``(b) Deficit Reduction.--
            ``(1) Fiscal years 1996 through 1998.--If, with respect to 
        any of fiscal years 1996 through 1998, the estimate of the on-
        budget deficit contained in the most recent mid-session review 
        of the budget prepared pursuant to section 1106 of title 31, 
        United States Code, does not exceed the on-budget deficit 
        specified for the fiscal year in section 2 of the conference 
        report to accompany House Concurrent Resolution 64, setting 
        forth the congressional budget of the United States Government 
        for fiscal years 1994 through 1998, as passed by the Senate on 
        April 1, 1993, the amount authorized to be appropriated under 
        subsection (a) for the fiscal year shall be increased by--
                    ``(A) for fiscal year 1996, $500,000,000;
                    ``(B) for fiscal year 1997, $1,000,000,000; and
                    ``(C) for fiscal year 1998, $1,500,000,000.
            ``(2) Fiscal years 1999 and 2000.--If, with respect to 
        fiscal year 1999 or 2000, the estimate of the on-budget deficit 
        contained in the most recent mid-session review of the budget 
        prepared pursuant to section 1106 of title 31, United States 
        Code, does not exceed the estimate for the preceding fiscal 
        year, the amount authorized to be appropriated under subsection 
        (a) for the fiscal year shall be increased by--
                    ``(A) for fiscal year 1999, $2,000,000,000; and
                    ``(B) for fiscal year 2000, $2,500,000,000.''.
    (i) Construction Grants.--
            (1) Amendments to title ii.--Title II (33 U.S.C. 1281 et 
        seq.) is amended--
                    (A) in section 205(c)(3) (33 U.S.C. 1285(c)(3))--
                            (i) in the paragraph heading, by striking 
                        ``1987-1990'' and inserting ``1987-2000''; and
                            (ii) by striking ``1987, 1988, 1989, and 
                        1990'' and inserting ``1987 through 2000''; and
                    (B) in section 218(c) (33 U.S.C. 1298(c)), by 
                striking ``$10,000,000'' and inserting ``$20,000,000''.
            (2) Construction grants.--The matter under the heading 
        ``construction grants'' under the heading ``Environmental 
        Protection Agency'' in title III of the Departments of Veterans 
        Affairs and Housing and Urban Development, and Independent 
        Agencies Appropriations Act, 1990 (Public Law 101-144; 103 
        Stat. 858) is amended by striking all after ``Ware Shoals, 
        South Carolina'' and inserting a period.

SEC. 102. STATE PROGRAM GRANTS.

    (a) Authorization of Appropriations.--Section 106(a) (33 U.S.C. 
1256(a)) is amended--
            (1) by inserting after ``(a)'' the following new subsection 
        heading: ``Authorization of Appropriations.--'';
            (2) in paragraph (1), by striking ``and'' at the end;
            (3) in paragraph (2)--
                    (A) by inserting ``and'' after ``1990;''; and
                    (B) by striking ``for grants to States'' and all 
                that follows through the end of the paragraph; and
            (4) by adding at the end the following new paragraphs:
            ``(3) such sums as may be necessary for each of fiscal 
        years 1991 through 1994; and
            ``(4) $150,000,000 for each of fiscal years 1995 through 
        2000.''.
    (b) State Program.--Subsection (b) of section 106 (33 U.S.C. 
1256(b)) is amended to read as follows:
    ``(b) State Program.--From the sums made available pursuant to 
subsection (a), the Administrator shall make grants to the States and 
to interstate agencies to support the administration of comprehensive 
State water pollution control programs for the prevention, reduction, 
and elimination of water pollution, including enforcement directly or 
through appropriate State law enforcement officers or agencies.''.
    (c) Allotments.--Subsection (c) of section 106 (33 U.S.C. 1256(c)) 
is amended to read as follows:
    ``(c) Allotments.--
            ``(1) In general.--Sums made available by appropriation 
        pursuant to subsection (a) for any fiscal year, other than sums 
        reserved pursuant to paragraph (2), shall be allotted to States 
        and interstate agencies on the basis of the extent of water 
        pollution problems in the respective States and the other 
        requirements of this section.
            ``(2) Innovative programs.--Of the sums made available by 
        appropriation pursuant to subsection (a) for any fiscal year, 
        an amount equal to 25 percent of the amount in excess of 
        $80,000,000 shall be available to the Administrator for making 
        grants to States for the support of innovative programs for the 
        control and prevention of water pollution that have potential 
        application to other States.''.
    (d) State Share.--Subsection (d) of section 106 (33 U.S.C. 1256(d)) 
is amended to read as follows:
    ``(d) State Share.--
            ``(1) Grant condition.--A grant made to a State or 
        interstate agency pursuant to this section shall be made on the 
        condition that the State or interstate agency provide from non-
        Federal funds an amount determined by multiplying the amount 
        allotted to the State or interstate agency pursuant to 
        subsection (c) by the applicable percentage specified in 
        paragraph (2).
            ``(2) Applicable percentage.--The applicable percentage 
        referred to in paragraph (1) shall be--
                    ``(A) 30 percent for fiscal year 1995;
                    ``(B) 40 percent for fiscal year 1996; and
                    ``(C) 50 percent for each fiscal year 
                thereafter.''.
    (e) Emergency Powers.--Section 106(e) (33 U.S.C. 1256(e)) is 
amended--
            (1) by inserting after ``(e)'' the following new subsection 
        heading: ``Emergency Powers.--''; and
            (2) by striking ``program--'' and all that follows through 
        ``(2)'' and inserting ``program''.
    (f) Other Agencies.--Section 106 (33 U.S.C. 1256) is amended by 
adding at the end the following new subsection:
    ``(h) Other Agencies.--A State that receives a grant under this 
section may reserve an amount equal to not more than 20 percent of the 
amount of the grant to support the participation by substate regional 
comprehensive planning agencies in water quality planning activities, 
including participation by the agencies in the development and periodic 
revision of a continuing water quality planning process pursuant to 
section 303(e).''.
    (g) Conforming Amendment.--The section heading of section 106 (33 
U.S.C. 1256) is amended to read as follows:

``SEC. 106. GRANTS FOR POLLUTION CONTROL PROGRAM.''.

SEC. 103. GENERAL PROGRAM AUTHORIZATIONS.

    Section 517 (33 U.S.C. 1376) is amended--
            (1) by striking ``and'' before ``$135,000,000''; and
            (2) by inserting before the period at the end the 
        following: ``, such sums as may be necessary for each of fiscal 
        years 1991 through 1993, $185,000,000 for each of fiscal years 
        1994 and 1995, $190,000,000 for each of fiscal years 1996 and 
        1997, $195,000,000 for each of fiscal years 1998 and 1999, and 
        $200,000,000 for fiscal year 2000.''.

            TITLE II--TOXIC POLLUTION PREVENTION AND CONTROL

SEC. 201. POINT SOURCE TECHNOLOGY BASED CONTROLS.

    (a) Effluent Guidelines.--Subsection (b) of section 304 (33 U.S.C. 
1314(b)) is amended to read as follows:
    ``(b) Effluent Guidelines.--
            ``(1) Requirements for effluent guidelines.--The 
        Administrator shall, after notice and opportunity for public 
        comment, promulgate regulations that establish effluent 
        guidelines applicable to point sources (other than publicly 
        owned treatment works) that discharge conventional, 
        nonconventional, toxic, or other pollutants to navigable 
        waters. In terms of the quantities of constituents and the 
        chemical, physical, and biological characteristics of 
        pollutants, the regulations shall--
                    ``(A) reflect the application of the best available 
                technology economically achievable for each category or 
                class of sources to which the effluent guideline 
                applies;
                    ``(B) for a determination of the best available 
                technology economically achievable under subparagraph 
                (A), rely on, and require, to the maximum extent 
                practicable, source reduction measures and practices, 
                including changes in production processes, products, or 
                raw materials that reduce, avoid, or eliminate the 
                generation of toxic or hazardous byproducts, taking 
                into account any adverse effects on human health 
                (including the health of workers) and the environment;
                    ``(C) require the elimination of the discharge of 
                pollutants to navigable waters in any case in which the 
                Administrator finds that the elimination is 
                technologically and economically achievable for the 
                category or class of sources to which the effluent 
                guideline applies;
                    ``(D) prohibit or limit the release of pollutants 
                to other environmental media (including ground water) 
                to the extent that the prohibition or limitation is 
                technologically and economically achievable for the 
                category or class of sources to which the effluent 
                guideline applies; and
                    ``(E) prohibit specific control measures or 
                practices that the Administrator determines are likely 
                to have a significant adverse impact on any 
                environmental medium.
            ``(2) Factors that the administrator may consider.--In 
        determining whether any prohibition, limitation, or requirement 
        is technologically or economically achievable for a category or 
        class of sources, the Administrator may consider, with respect 
        to the category or class--
                    ``(A) the age of the equipment and facilities 
                involved;
                    ``(B) the process employed;
                    ``(C) the engineering aspects of the application of 
                various types of control techniques and process changes 
                (including in-plant source reduction measures, in 
                addition to end-of-pipe controls);
                    ``(D) the cost of achieving the limitation, 
                prohibition, or requirement; and
                    ``(E) other factors that the Administrator 
                determines appropriate.''.
    (b) New Source Performance Standards.--
            (1) In general.--Paragraph (1) of section 306(a) (33 U.S.C. 
        1316(a)(1)) is amended to read as follows:
    ``(1)(A) The term `standard of performance' means a standard for 
the control of the discharge of pollutants that reflects the greatest 
degree of effluent reduction that the Administrator determines to be 
achievable through application of the best available demonstrated 
control technology, processes, operating methods, or other 
alternatives.
    ``(B) In determining the best available demonstrated control 
technology, the Administrator shall--
            ``(i) rely upon and require, to the maximum extent 
        practicable, source reduction measures and practices, including 
        changes in production processes, products, or raw materials, 
        that reduce, avoid, or eliminate the generation of toxic or 
        hazardous byproducts, taking into account any adverse effects 
        on human health (including the health of workers) and the 
        environment;
            ``(ii) eliminate the discharge of pollutants to navigable 
        waters in any case in which the Administrator determines that 
        the elimination is technologically and economically achievable 
        for the category or class of sources to which the standard 
        applies;
            ``(iii) prohibit or limit the release of pollutants to 
        other environmental media (including ground water) to the 
        extent that the prohibition or limitation is technologically 
        and economically achievable for the category or class of 
        sources to which the standard applies; and
            ``(iv) prohibit specific control measures or practices that 
        the Administrator determines are likely to have a significant 
        adverse impact on any environmental medium.''.
            (2) Standards.--Section 306 (33 U.S.C. 1316) is amended--
                    (A) in subsection (b)(1)(B), by striking the last 3 
                sentences; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Each standard of performance established pursuant to this 
section (including any revised standard established pursuant to this 
section) shall become effective on the date of proposal of the standard 
and shall apply to all sources for which construction begins after the 
date of proposal.''.
    (c) Pretreatment Standards.--
            (1) In general.--Subsection (b) of section 307 (33 U.S.C. 
        1317(b)) is amended to read as follows:
    ``(b) Pretreatment Standards.--
            ``(1) In general.--The Administrator shall, after notice 
        and opportunity for public comment, promulgate regulations 
        establishing pretreatment standards for the introduction of 
        toxic and nonconventional pollutants into any treatment works 
        (as defined in section 212) that is publicly owned. The 
        regulations promulgated under this section shall--
                    ``(A) address each pollutant subject to an effluent 
                guideline under section 301 or 304 for sources in the 
                same class or category; and
                    ``(B) be established to prevent the discharge of 
                any pollutant through the treatment works, including 
                pollutants that interfere with, pass through, or 
                prevent the beneficial reuse of, or cause or contribute 
                to the contamination of, sewage sludge, or are 
                otherwise incompatible with, the treatment works.
            ``(2) Requirements for pretreatment standards.--Each 
        pretreatment standard shall--
                    ``(A) reflect the application of the best available 
                technology economically achievable for the category or 
                class of sources to which the standard applies;
                    ``(B) in determining the best available technology 
                economically achievable under subparagraph (A), rely 
                upon and require, to the maximum extent practicable, 
                source reduction measures and practices, including 
                changes in production processes, products, or raw 
                materials that reduce, avoid, or eliminate the 
                generation of toxic or hazardous byproducts, taking 
                into account any adverse effects on human health 
                (including the health of workers) and the environment;
                    ``(C) provide for the elimination of the 
                introduction of pollutants into any treatment works in 
                any case in which the Administrator determines that the 
                elimination is technologically and economically 
                achievable for the category or class of sources to 
                which the standard applies;
                    ``(D)(i) prohibit or limit the release of 
                pollutants to other environmental media (including 
                ground water) to the extent that the prohibition or 
                limitation is technologically or economically 
                achievable for the category or class of sources to 
                which the standard applies; and
                    ``(ii) prohibit specific control measures or 
                practices that the Administrator determines are likely 
                to have a significant adverse impact on any 
                environmental medium; and
                    ``(E) be no less stringent than any effluent 
                guideline for the pollutants (other than any 
                conventional pollutant) and the category or class of 
                sources promulgated under section 304(b).
            ``(3) Designation of categories.--When proposing or 
        promulgating any pretreatment standard under this section, the 
        Administrator shall designate the category or class of sources 
        to which the standard shall apply.
            ``(4) Statutory construction.--Nothing in this subsection 
        is intended to affect any pretreatment requirement established 
        by the law (including any regulation) of a State or a political 
        subdivision of a State, or a policy of a State or a political 
        subdivision of a State, that is more stringent than any 
        pretreatment standard for a pollutant, other than a 
        conventional pollutant, established under this subsection.
            ``(5) Compliance date.--Each pretreatment standard 
        promulgated under this section shall specify a date for 
        compliance as expeditiously as practicable, but not later than 
        3 years after the date on which the standard is promulgated.''.
            (2) Simultaneous promulgation.--Section 307(c) (33 U.S.C. 
        1317(c)) is amended--
                    (A) by inserting ``Standards Required.--'' after 
                ``(c)'';
                    (B) by striking ``In order to ensure'' and 
                inserting the following:
            ``(1) New sources.--In order to ensure''; and
                    (C) by striking the last sentence of the subsection 
                and inserting the following new paragraph:
            ``(2) Requirements for pretreatment standards.--A 
        pretreatment standard referred to in paragraph (1) shall--
                    ``(A) comply with the requirements of subsection 
                (b)(1), and may be more stringent than a standard 
                promulgated under such subsection for existing sources; 
                and
                    ``(B) be no less stringent than any standard of 
                performance promulgated under section 306 for the 
                pollutants (other than conventional pollutants) and 
                category or class of sources to which the pretreatment 
                standard applies.''.
    (d) Conforming Amendments.--Section 301(b) (33 U.S.C. 1311(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C), by striking ``not later 
                than July 1, 1977'' and inserting ``as expeditiously as 
                practicable, but not later than 3 years after the date 
                the limitation is issued''; and
                    (B) by adding after subparagraph (C) the following 
                new sentence:
        ``A permit issued under section 402 may not contain a 
        compliance schedule for a limitation referred to in 
        subparagraph (C) if the compliance schedule is precluded by any 
        State law (including any regulation) or if the permit has 
        previously included a limitation applicable to the 
        pollutant.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``section 
                304(b)(2) of this Act'' both places it appears and 
                inserting ``section 304(b)'';
                    (B) in subparagraphs (C) through (F), by striking 
                ``, and in no case later than March 31, 1989'' each 
                place it appears; and
                    (C) in subparagraph (E), by striking ``section 
                304(b)(4) of this Act'' and inserting ``section 
                304(b)''; and
            (3) in paragraph (3)(A), by striking ``, and in no case 
        later than March 31, 1989''.
    (e) Schedule for Guidelines and Standards.--
            (1) In general.--Subsection (d) of section 301 (33 U.S.C. 
        1311(d)) is amended to read as follows:
    ``(d) Revision of Effluent Guidelines.--
            ``(1) In general.--Any effluent guideline (and each related 
        requirement, including any limitation) required pursuant to 
        subsection (b)(2) or promulgated under section 304(b) shall be 
        reviewed in accordance with the schedule established under 
        section 304(m).
            ``(2) Revision of guideline.--If, in the judgment of the 
        Administrator, there have been significant changes in factors 
        pertaining to the guidelines, including advances in pollution 
        control technology or source reduction practices, that are 
        likely to achieve a significant reduction in the toxicity of 
        pollutants discharged to navigable waters by sources in the 
        category or class of sources to which an effluent guideline 
        applies, the Administrator shall revise the guideline.
            ``(3) Simultaneous review and revision.--At the same time 
        as the Administrator reviews or revises an effluent guideline 
        (or related requirement) pursuant to this subsection, the 
        Administrator shall review or revise new source performance 
        standards promulgated pursuant to section 306 and pretreatment 
        standards for existing sources and new sources promulgated 
        pursuant to section 307 for sources in the class or category of 
        sources.''.
            (2) Plan for review.--Section 304(m) (33 U.S.C. 1314(m)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) by striking ``(1)'' and all that 
                        follows through ``biennially'' and inserting 
                        the following:
            ``(1) Publication.--Not later than January 1, 1998, and 
        every 5 years'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``annual''; and
                                    (II) by inserting before the 
                                semicolon the following: ``, new source 
                                performance standards promulgated in 
                                accordance with section 306, and 
                                pretreatment standards for existing 
                                sources and new sources promulgated 
                                pursuant to section 307'';
                            (iii) in subparagraph (B)--
                                    (I) by striking ``discharging toxic 
                                or nonconventional pollutants'';
                                    (II) by striking ``(b)(2)'' and 
                                inserting ``(b)''; and
                                    (III) by striking ``section 306'' 
                                and inserting ``sections 306 and 307''; 
                                and
                            (iv) in subparagraph (C), by striking ``3 
                        years after the publication of the plan'' and 
                        inserting ``5 years after the publication of 
                        the plan''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(3) Review of indirect discharge standards.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), notwithstanding section 301(d) and 
                any other requirement of this subsection, the 
                Administrator shall, as part of the plan required to be 
                developed by the Administrator pursuant to this 
                subsection by January 1, 1998, assess standards for 
                existing sources and new sources developed pursuant to 
                section 307 and identify, with respect to each standard 
                applicable to pollutants that do not biodegrade, any 
                requirements of the standard that are less stringent 
                than the requirements under this section and sections 
                301 and 306.
                    ``(B) Exception.--Subparagraph (A) may not apply 
                with respect to a category or subcategory of industrial 
                sources with respect to which no facility would be 
                affected by a standard promulgated pursuant to section 
                307.
            ``(4) Simultaneous publication.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), notwithstanding any other provision 
                of this Act, at the same time as the Administrator 
                promulgates and publishes effluent guidelines pursuant 
                to section 301 and this section, the Administrator 
                shall, for each industry that is covered by guidelines 
                promulgated pursuant to such sections, promulgate and 
                publish--
                            ``(i) standards for new sources pursuant to 
                        section 306; and
                            ``(ii) pretreatment standards for existing 
                        sources and new sources pursuant to section 
                        307.
                    ``(B) Exception.--If, with respect to the 
                pretreatment standards for existing sources referred to 
                in subparagraph (A)(ii), no facility would be affected 
                by the standards, the requirements of such subparagraph 
                may not apply with respect to the existing sources.''.
            (3) Conformance with consent decree.--Nothing in this Act 
        or the amendments made by this Act is intended to relieve the 
        Administrator of any requirements or obligations of the 
        Administrator under the settlement decree in Natural Resources 
        Defense Council v. Reilly, Civ. No. 89-2980 (D.D.C. filed 
        January 25, 1991).''.
    (f) Fees.--Section 308 (33 U.S.C. 1318) is amended by adding at the 
end the following new subsection:
    ``(e) Fees for Issuance of Guidelines and Standards.--
            ``(1) In general.--The Administrator shall, not later than 
        the date of the promulgation or revision of any--
                    ``(A) effluent limitation or guideline promulgated 
                under section 301(b) and section 304(b);
                    ``(B) new source performance standard promulgated 
                under section 306; or
                    ``(C) pretreatment standard promulgated under 
                subsections (b) and (c) of section 307,
        identify the cost incurred by the Administrator in developing 
        the guideline or standard.
            ``(2) Fees.--The Administrator shall assess the owner or 
        operator of any facility with a permit issued pursuant to 
        section 402, or an individual control mechanism issued under 
        section 307(b), and regulated by a guideline or standard 
        referred to in paragraph (1) a fee in an amount equal to a 
        proportional share of the estimated cost referred to in 
        paragraph (1). The total amount of fees assessed with respect 
        to a guideline or standard shall be sufficient to offset the 
        full cost of developing and publishing the guideline or 
        standard.
            ``(3) Modification or waiver.--The Administrator may modify 
        or waive an assessment described in paragraph (2) on the basis 
        of a finding that--
                    ``(A) a source is a small business, as defined in 
                section 3(a) of the Small Business Act (15 U.S.C. 632); 
                or
                    ``(B) the assessment would pose an unreasonable 
                financial hardship for the source.
            ``(4) Other conditions for modification.--The Administrator 
        may modify an assessment described in paragraph (2) if the 
        Administrator determines that the source will demonstrate new 
        or innovative technology.
            ``(5) Special fund.--An amount equal to the amount of 
        assessments collected pursuant to this subsection shall be 
        placed in a special fund of the United States Treasury and 
        shall be available without appropriation only to carry out the 
        activities of the Administrator relating to the development and 
        promulgation of effluent guidelines, new source performance 
        standards, and pretreatment standards under this Act.
            ``(6) Liability for assessment.--
                    ``(A) In general.--Any discharger that--
                            ``(i) applies for a permit to operate 
                        pursuant to an effluent guideline for which the 
                        Administrator made assessments under this 
                        subsection; and
                            ``(ii) should have paid an assessment 
                        referred to in clause (i),
                shall be liable for the assessment at the time the 
                permit application is filed and shall be subject to a 
                penalty in an amount equal to not less than 50 percent 
                of the assessment, plus interest computed in the same 
                manner as under section 6621(a)(2) of the Internal 
                Revenue Code of 1986 (relating to computation of 
                interest on underpayment of Federal taxes).
                    ``(B) Deposit in fund.--An amount equal to the 
                amount of any assessments, penalties, and interest 
                collected pursuant to this paragraph shall be placed in 
                the fund established under paragraph (5).''.

SEC. 202. WATER QUALITY CRITERIA AND STANDARDS.

    (a) Criteria Documents.--Section 304(a) (33 U.S.C. 1314(a)) is 
amended--
            (1) in paragraph (1)(A), by striking the semicolon at the 
        end and inserting ``and the sediment associated with the bodies 
        of water; and'';
            (2) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraphs 
                (B) and (C); and
                    (B) by striking the period at the end of the 
                paragraph and inserting ``; and (E) for toxic 
                pollutants, on numerical pollutant concentration 
                criteria that are sufficient to ensure the attainment 
                of designated uses established by a State.'';
            (3) in paragraph (4)--
                    (A) by inserting ``(A)'' after ``(4)'';
                    (B) in the first sentence, by striking ``fecal 
                coliform, and pH'' and inserting ``pathogens or 
                indicators of pathogens (or both), pH, oil, and 
                grease''; and
                    (C) by adding at the end the following new 
                subparagraph:
    ``(B) Not later than 3 years after the date of enactment of this 
subparagraph, the Administrator shall publish criteria pursuant to 
paragraph (1)--
            ``(i) for those pollutants or factors that the 
        Administrator determines pose the greatest risk to the 
        physical, chemical, or biological integrity of waters from all 
        nonpoint sources; and
            ``(ii) that, on the basis of the potential for improving 
        water quality and enhancing the protection of aquatic life and 
        wildlife, programmatic needs, or effectiveness, would provide 
        the greatest benefit in the restoration and protection of the 
        physical, chemical, and biological integrity of waters, 
        including, at a minimum, nutrients, suspended solids, and 
        dissolved oxygen.'';
            (4) by striking paragraph (5) and inserting the following 
        new paragraph:
    ``(5)(A) Not later than 2 years after the date of enactment of the 
Water Pollution Prevention and Control Act of 1993, and every 5 years 
thereafter, the Administrator shall prepare and publish in the Federal 
Register a plan for the development of criteria and information 
pursuant to this subsection during the 5-year period beginning on the 
date of publication of the plan, and, after providing opportunity for 
public review and comment, submit the plan to Congress.
    ``(B) Each plan prepared pursuant to this paragraph shall identify 
the relative need for new or revised--
            ``(i) human health criteria;
            ``(ii) aquatic life criteria for fresh waters and waters of 
        the estuarine zone, the territorial sea, the contiguous zone, 
        and the ocean;
            ``(iii) sediment quality criteria;
            ``(iv) criteria for pollutants associated with nonpoint 
        sources of pollution;
            ``(v) criteria for pollutants associated with lakes;
            ``(vi) ground water criteria;
            ``(vii) biological, physical, and habitat criteria; and
            ``(viii) ambient toxicity criteria.
    ``(C) Each plan prepared pursuant to this paragraph shall establish 
a schedule for the publication of final criteria that the Administrator 
determines would result in the greatest benefit to human health and the 
environment.
    ``(D) The initial plan published pursuant to this paragraph shall 
provide for the publication, not later than 4 years after the date of 
enactment of this subparagraph, of not fewer than 8 sediment quality 
criteria (including criteria for polychlorinated biphenyls and dioxins) 
that the Administrator determines would result in the greatest benefit 
to human health or the environment.'';
            (5) in paragraph (6), by striking ``and annually 
        thereafter, for purposes of section 301(h) of this Act'' and 
        inserting ``and every 5 years thereafter''; and
            (6) by adding at the end the following new paragraphs:
    ``(9) Beginning on the date that is 1 year after the date of 
enactment of this paragraph, the Administrator shall, not later than 
the date of registration or reregistration of a pesticide pursuant to 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 
et seq.), require the registrant to provide information sufficient to 
publish criteria pursuant to paragraph (1) for the pesticide, unless 
the Administrator determines, on the basis of the proposed use of the 
pesticide, that it is unlikely that the pesticide or any metabolite of 
the pesticide will enter surface water. This paragraph may not apply 
with respect to any data submitted for a registration or reregistration 
that the Administrator determines was complete on or before June 1, 
1993.
    ``(10) Not later than 1 year after the date of enactment of this 
paragraph, the Administrator shall establish a policy to ensure that 
information necessary to publish criteria pursuant to this subsection 
for chemical substances that are the subject of a premanufacture notice 
pursuant to section 5 of the Toxic Substances Control Act (15 U.S.C. 
2604) shall be submitted to the Administrator, unless the Administrator 
finds that the chemical substance--
            ``(A) will not be discharged to navigable waters or to a 
        publicly owned treatment works; or
            ``(B) will be discharged from a negligible quantity of 
        facilities.''.
    (b) Water Quality Standards.--Section 303 (33 U.S.C. 1313) is 
amended--
            (1) by striking subsections (a) and (b);
            (2) by redesignating subsection (c) as subsection (a);
            (3) by redesignating subsections (d) through (h) as 
        subsections (c) through (g); and
            (4) in subsection (a) (as redesignated by paragraph (2))--
                    (A) in second sentence of paragraph (1), by 
                inserting after ``Results of such review'' the 
                following: ``(including the designated uses for the 
                navigable waters involved, the water quality criteria 
                for the waters based on the uses, and the 
                antidegradation policy of the State)'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the second sentence, by 
                                inserting ``and antidegradation 
                                policy'' after ``designated uses'';
                                    (II) in the third sentence, by 
                                inserting ``and sediment'' after 
                                ``enhance the quality of water''; and
                                    (III) in the fourth sentence, by 
                                striking ``their use and value'' and 
                                inserting ``the criteria developed 
                                under section 304(a), the use of the 
                                water and sediment, and the value''; 
                                and
                            (ii) by adding at the end the following new 
                        subparagraph:
    ``(C) Not later than 3 years after the date of enactment of this 
subparagraph, each State shall adopt, as part of the water quality 
standards of the State, a methodology that allows the State to 
translate a narrative water quality standard into a specific numeric 
limit for those pollutants for which criteria guidance have not been 
published or for which the State has not adopted numeric criteria 
pursuant to section 304(a). In carrying out the preceding sentence, the 
State shall use the provision or methodology for the pollutants that 
cause water quality impairments.'';
                    (C) by striking paragraphs (3) and (4); and
                    (D) by adding at the end the following new 
                paragraphs:
    ``(3)(A) Each use designation made under this paragraph shall apply 
to the designated water and to the aquatic sediments of the water.
    ``(B) Not later than 3 years after the date of enactment of 
paragraph (5), and as part of any subsequent triennial review of State 
water quality standards, each State shall report to the Administrator 
the designated uses of waters within the State.
    ``(C) On the date that is 5 years after the date of enactment of 
paragraph (5), all waters of the United States for which a use has not 
been designated shall be deemed to be designated as fishable and 
swimmable, unless a State establishes an alternative use for the 
waters.
    ``(4) Any chemical-specific numeric criterion published pursuant to 
section 304(a) for a toxic pollutant after the date of enactment of 
paragraph (5) (together with the appropriate designated use) shall be 
deemed to be the applicable standard under this section for all waters 
unless a State objects to the application of the criterion with respect 
to the waters of the State not later than 120 days after the date of 
publication of the criterion. If a State objects to the application of 
the criterion by the date specified in the preceding sentence, and the 
State adopts a criterion by not later than 3 years after publication of 
the criterion, the criterion may not apply with respect to the State.
    ``(5)(A) For all waters of the State, after the date of enactment 
of this paragraph, as expeditiously as practicable, but not later than 
3 years after the date of publication of the criteria, each State shall 
adopt pollutant specific standards for any pollutant for which criteria 
are published pursuant to section 304(a)(1) the discharge or presence 
of which in the affected waters could reasonably be expected to 
interfere with those designated uses adopted by the State, as necessary 
to support the designated uses.
    ``(B) A State may waive the obligation to adopt a standard pursuant 
to this paragraph for criteria that apply as standards pursuant to 
paragraph (4).''.
    (c) Antidegradation.--Section 303 (33 U.S.C. 1313), as amended by 
subsection (b), is further amended by inserting after subsection (a) 
the following new subsection:
    ``(b) Antidegradation Policy.--
            ``(1) In general.--Each State shall develop and implement a 
        statewide antidegradation policy and implementation procedures 
        for the policy. The Administrator shall review and approve or 
        disapprove the policy and any revisions to the policy adopted 
        by each State. Not later than 3 years after the date of 
        enactment of this paragraph, the Administrator shall promulgate 
        and implement an antidegradation policy for each State that 
        does not have a policy that has been approved by the 
        Administrator by the date.
            ``(2) Antidegradation policy implementation methods.--The 
        methods for the implementation of an antidegradation policy 
        under paragraph (1) shall, at a minimum, be consistent with the 
        following:
                    ``(A) Existing instream water uses, including any 
                uses occurring on or after November 28, 1975, and the 
                water and sediment quality necessary to protect the 
                existing uses, shall be maintained and protected.
                    ``(B)(i) Except as provided in clause (ii), if the 
                quality of waters and sediments exceeds levels 
                necessary to support the protection and propagation of 
                a balanced population of fish, shellfish, and wildlife, 
                and recreation in and on the water, the quality shall 
                be maintained and protected.
                    ``(ii) If the State finds, after public notice, 
                opportunity for public hearing, and full satisfaction 
                of the intergovernmental coordination provisions of the 
                continuing planning process of the State, that allowing 
                a reduction in the degree of water quality or sediment 
                quality is necessary to accommodate important economic 
                or social development in the area in which the waters 
                are located, clause (i) may not apply. In allowing a 
                reduction in the degree of water quality or sediment 
                quality, the State shall ensure a degree of water and 
                sediment quality adequate to protect existing uses (as 
                described in subparagraph (A)), and the State shall 
                ensure--
                            ``(I) that all point sources discharging to 
                        the waters, and each industrial user 
                        discharging to a publicly owned treatment works 
                        discharging to the waters for which the level 
                        of water or sediment quality is to be reduced, 
                        are subject to all applicable requirements of 
                        this Act, including any source reduction 
                        requirements established pursuant to section 
                        301, 304, 306, 307, or 401; and
                            ``(II) that all nonpoint sources within the 
                        State that affect or may affect the water or 
                        sediment quality referred to in subclause (I) 
                        are subject to enforceable best management 
                        practices pursuant to section 319 that are 
                        economically and technologically achievable for 
                        the sources.
            ``(3) Outstanding national resource waters.--
                    ``(A) In general.--If a high quality water 
                constitutes an outstanding national resource (as 
                described in subparagraph (B)), the water shall be 
                maintained and protected by the State.
                    ``(B) State designation of outstanding national 
                resource waters.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this clause, 
                        each State shall designate and implement a 
                        program to protect all outstanding national 
                        resource waters within the State.
                            ``(ii) Outstanding national resource 
                        waters.--Except as provided in clause (iii), 
                        the outstanding national resource waters shall 
                        include all waters within a national park, 
                        wildlife refuge, wild and scenic river system, 
                        national forest, wilderness area, national 
                        seashore or lakeshore, or national monument. 
                        The State shall also designate as outstanding 
                        national resource waters those waters of 
                        exceptional recreational, cultural, or 
                        ecological significance, including any water 
                        that supports a population of threatened or 
                        endangered species, as identified in the 
                        guidance of the Administrator published 
                        pursuant to subparagraph (C).
                            ``(iii) Decision to decline to make a 
                        designation.--A State may propose not to 
                        designate a specific water as an outstanding 
                        national resource water, and the Administrator 
                        may, after notice and opportunity for comment, 
                        approve the proposal, if--
                                    ``(I) the State demonstrates to the 
                                satisfaction of the Administrator that 
                                the continued designation would result 
                                in important social and economic harms; 
                                and
                                    ``(II) with respect to waters 
                                within Federal lands (if any), the 
                                Federal manager of the lands concurs 
                                with the State proposal.
                    ``(C) Guidance.--Not later than 1 year after the 
                date of enactment of this subparagraph, the 
                Administrator shall publish guidance for States to 
                assist in the designation and protection of outstanding 
                national resource waters of ecological, cultural, or 
                recreational significance.
                    ``(D) Consequences of failure to designate.--If the 
                State fails to make the designations required under 
                this paragraph by the date that is 3 years after the 
                date of enactment of this subparagraph, the 
                Administrator shall make the designations on such date.
                    ``(E) State antidegradation policy.--Each State 
                antidegradation policy developed under this subsection 
                shall ensure that each water of ecological significance 
                designated pursuant to the guidance of the 
                Administrator (including any water of ecological 
                significance that may have been designated as an 
                outstanding national resource water under this 
                paragraph) meets water and sediment quality standards 
                that ensure the protection and propagation of a 
                balanced population of fish, shellfish, and wildlife, 
                and recreation in and on the water.
                    ``(F) Citizen petition.--The State shall include in 
                the antidegradation policy of the State provisions 
                allowing any citizen of the State to petition the State 
                for the designation of a particular water as an 
                outstanding national resource water.
            ``(4) Antidegradation review.--In order to ensure that the 
        antidegradation policy required by this subsection is not 
        violated, a permitting authority shall conduct an 
        antidegradation review for a water prior to issuing any permit 
        to a point source authorizing any new, expanded, or increased 
        discharge of a pollutant to the receiving water.''.
    (d) Mixing Zones.--Section 303 (33 U.S.C. 1313), as amended by 
subsection (b), is further amended by adding at the end the following 
new subsection:
    ``(h) Mixing Zones.--
            ``(1) National policy.--The Administrator shall, not later 
        than 2 years after the date of enactment of this paragraph, 
        establish a national policy concerning the use of mixing zones.
            ``(2) Requirements for policy.--The policy established 
        under paragraph (1) shall, at a minimum, require that--
                    ``(A) no acute toxicity will result from the 
                allowed dilution;
                    ``(B) any area of allowed dilution shall be as 
                small as possible and be in a shape that facilitates 
                monitoring;
                    ``(C) the area of allowed dilution is calculated on 
                the assumption of water volume at minimum stream flow 
                for the receiving water; and
                    ``(D) no mixing zone is allowed in waters 
                designated as outstanding national resource waters 
                pursuant to subsection (g)(3).
            ``(3) State policies.--Not later than 3 years after the 
        date of enactment of this paragraph, each State shall 
        incorporate in the water quality standards issued by the State 
        a mixing zone policy that is not less stringent than the 
        national policy established under this subsection.''.
    (e) Conforming Amendment.--Section 24 of the Municipal Wastewater 
Treatment Construction Grant Amendments of 1981 (33 U.S.C. 1313a) is 
amended by striking ``303(c)'' both places it appears and inserting 
``303(a)''.

SEC. 203. TOXIC POLLUTANT PHASE-OUT.

    (a) Effluent Prohibition.--Section 307(a) (33 U.S.C. 1317(a)) is 
amended--
            (1) in paragraph (2), by striking the second sentence and 
        all that follows through the end of the paragraph; and
            (2) by striking paragraphs (3) through (7) and inserting 
        the following new paragraphs:
    ``(3)(A) Not later than 1 year after the publication of a list 
pursuant to paragraph (4), the Administrator shall, by regulation, 
prohibit the discharge of any toxic pollutant listed pursuant to 
paragraph (4). The regulation shall apply to any discharges regulated 
pursuant to section 402 or an industrial user regulated pursuant to 
subsection (b).
    ``(B) Each regulation issued pursuant to this paragraph shall 
specify acceptable analytical methods and a compliance level.
    ``(C) The regulation shall provide a process for the Administrator 
to adjust a prohibition pursuant to this paragraph to provide an offset 
for the amount of a prohibited pollutant in the water supply of the 
source in a manner consistent with section 129 of title 40, Code of 
Federal Regulations (as in effect on October 1, 1993).
    ``(D) The Administrator may exempt a category of sources from the 
requirements of this paragraph if the Administrator determines that 
compliance by the category with the requirements of such paragraph is 
not technologically feasible.
    ``(4) Not later than 2 years after the date of enactment of the 
Water Pollution Prevention and Control Act of 1993, and every 5 years 
thereafter, the Administrator shall publish proposed regulations 
listing those pollutants that the Administrator determines to--
            ``(A) be highly toxic or toxic and highly bioaccumulative; 
        and
            ``(B) occur in surface water predominately as a result of 
        discharges.
    ``(5)(A) On receiving a petition from any person, the Administrator 
may add a pollutant to the list established pursuant to paragraph (4). 
Each person who petitions for the listing of an additional pollutant 
pursuant to this paragraph shall submit to the Administrator sufficient 
information to make a determination under paragraph (4) not later than 
1 year before the date specified in paragraph (4) for the publication 
of a list. The Administrator shall include in a notice in the Federal 
Register concerning the establishment of the list the basis for the 
decision of the Administrator to list or decline to list a pollutant 
addressed in a petition submitted to the Administrator pursuant to this 
paragraph.
    ``(B) If, on receipt of a petition referred to in subparagraph (A), 
the Administrator determines that the addition of a pollutant to the 
list is warranted, but that--
            ``(i) the immediate proposal and timely promulgation of a 
        final regulation listing the pollutant in accordance with this 
        subsection is precluded by other actions under this subsection 
        concerning the listing of a pollutant; and
            ``(ii) expeditious progress is being made to list 
        pollutants pursuant to this subsection, with respect to which 
        the listing requirements of this subsection are no longer 
        appropriate,
the Administrator shall promptly publish the determination in the 
Federal Register, together with a description and evaluation of the 
reasons and the data on which the determination is based.
    ``(6)(A) Each toxic pollutant prohibition established pursuant to 
this subsection shall take effect as expeditiously as practicable but 
not later than 5 years after the date of promulgation of the regulation 
establishing a prohibition under this subsection.
    ``(B) If, at the end of the maximum compliance period under 
subparagraph (A), the Administrator determines for a source or category 
of sources that--
            ``(i) a prohibited pollutant cannot be eliminated through 
        the use of alternative substances or processes; and
            ``(ii) the source is making the maximum use of available 
        technology,
the Administrator may extend the compliance period for the source or 
category of sources for a period of 5 years, and may on the termination 
of the period, on the basis of the criteria referred to in clauses (i) 
and (ii), extend the compliance period for the period specified in this 
subparagraph.''.
    (b) Listing Process.--Section 307(a)(1) (33 U.S.C. 1317(a)(1)) is 
amended--
            (1) by striking the second sentence and inserting the 
        following new sentence: ``The Administrator is authorized to 
        add or remove from the list any pollutant and shall, not later 
        than 1 year after the date of enactment of the Water Pollution 
        Prevention and Control Act of 1993, and not less often than 
        every 5 years thereafter, review and revise the list.''; and
            (2) in the third sentence, by inserting ``potential for 
        bioaccumulation,'' after ``degradability,''.
    (c) Report on Developmental Effects.--Not later than 3 years after 
the date of enactment of this Act, the Administrator shall submit to 
Congress a report providing a comprehensive review and assessment of 
the effects of pollutants found in navigable waters on the development 
of aquatic species, wildlife, and humans, including impairments to 
reproduction, endocrine, and immune systems caused by the pollutants.

SEC. 204. PRETREATMENT PROGRAM.

    (a) Permit Authority.--Section 402(b)(9) (33 U.S.C. 1342(b)(9)) is 
amended by adding at the end the following new sentences: ``The 
Administrator (or a State with authority to approve a pretreatment 
program under this Act) may impose requirements on industrial users 
that introduce pollutants into publicly owned treatment works and that 
are not subject to the requirements of a pretreatment program that has 
been approved by the appropriate authority (referred to in this 
paragraph as an `approved pretreatment program'). The requirements 
shall include requirements that are equivalent to the requirements that 
a publicly owned treatment works with an approved pretreatment program 
is required to impose pursuant to the regulations issued under this 
Act, shall include pretreatment standards, and may reflect best 
professional judgment.''.
    (b) Removal Credits.--Section 307(b) (33 U.S.C. 1317(b)), as 
amended by section 201(c)(1), is further amended by adding at the end 
the following new paragraph:
    ``(6) If in the case of any toxic pollutant listed pursuant to 
subsection (a) introduced by a source into a publicly owned treatment 
works--
            ``(A) the treatment by the treatment works results in the 
        biodegradation of the toxic pollutant, as determined by the 
        Administrator;
            ``(B) the discharge from the treatment works does not 
        violate the effluent limitation or standard that would be 
        applicable to the toxic pollutant if the pollutant were 
        discharged by the source other than through a publicly owned 
        treatment works; and
            ``(C) the toxic pollutant does not prevent sludge use or 
        disposal by the treatment works in accordance with section 405,
the pretreatment requirements for the sources actually discharging the 
toxic pollutant into the publicly owned treatment works may be revised 
by the owner or operator of the works to reflect the biodegradation of 
the toxic pollutant by the works.''.
    (c) Domestic Sewage Exclusion.--Section 307 (33 U.S.C. 1317) is 
amended by adding at the end the following new subsection:
    ``(f) Domestic Sewage Exclusion.--
            ``(1) In general.--Beginning on the date that is 3 years 
        after the date of enactment of this subsection, the term `but 
        does not include solid or dissolved material in domestic 
        sewage' may not, for the purpose of paragraph (27) of section 
        1004 of the Solid Waste Disposal Act (42 U.S.C. 6903(27)), be 
        interpreted, construed, or applied to exclude from the 
        definition of solid waste under such paragraph any pollutant 
        introduced by a source into a treatment works (as defined in 
        section 212), unless--
                    ``(A) the pollutant and source are subject to a 
                pretreatment standard promulgated by the Administrator 
                under this section and the source is in compliance with 
                the standard;
                    ``(B)(i) the Administrator has promulgated a 
                schedule for establishing a pretreatment standard 
                pursuant to section 304(m) that would be applicable to 
                the pollutant and source not later than 5 years after 
                the date of enactment of this subsection and the 
                standard is promulgated on or before the date 
                established in the schedule; or
                    ``(ii) the pollutant and source are subject to a 
                local limit and the local limit for the pollutant and 
                source is equivalent to the best demonstrated available 
                treatment technology as determined by the Administrator 
                under section 3004(m) of the Solid Waste Disposal Act 
                (42 U.S.C. 6924(m)) or a pretreatment standard 
                equivalent to a standard under subsection (b) or 
                section 402(b)(9).
            ``(2) Prohibition on introduction of hazardous waste.--It 
        shall be unlawful to introduce into a publicly owned treatment 
        works any pollutant that is a hazardous waste. Notwithstanding 
        the provisions of this Act, a publicly owned treatment works 
        (as defined in section 212) receiving or treating any hazardous 
        waste shall not be deemed to be generating, treating, storing, 
        disposing of, or otherwise managing a hazardous waste for the 
        purposes of this Act, solely on the basis that any other person 
        has introduced a hazardous waste into the collection system for 
        such publicly owned treatment works.''.

SEC. 205. POLLUTION PREVENTION PLANNING.

    Section 308 (33 U.S.C. 1318), as amended by section 201(e), is 
further amended by adding at the end the following new subsection:
    ``(f) Pollution Prevention Planning.--
            ``(1) In general.--
                    ``(A) Regulations.--Not later than 2 years after 
                the date of enactment of this subsection, the 
                Administrator shall promulgate regulations that require 
                a person described in paragraph (2) who applies for the 
                issuance or reissuance of a permit pursuant to section 
                402, or for a local limit for a significant industrial 
                user determined under section 307, to submit a 
                pollution prevention plan to the permitting authority 
                (in the case of a direct discharger), or the permitting 
                authority of the State for the appropriate publicly 
                owned treatment works (in the case of a local limit) as 
                a condition of the issuance or reissuance of the permit 
                or local limit.
                    ``(B) Requirements for regulations.--The 
                regulations referred to in subparagraph (A) shall 
                identify not fewer than 20 pollutants with respect to 
                which the Administrator determines that discharge 
                reductions are likely to result in a benefit to human 
                health or the environment.
                    ``(C) Potential for pollutant reduction.--The 
                regulations shall indicate the potential for pollutant 
                reduction within categories or subcategories of 
                dischargers.
            ``(2) Pollution prevention planning requirement.--The 
        Administrator shall identify the persons who are required to 
        comply with paragraph (1). In identifying the persons, the 
        Administrator shall provide that, not later than 7 years after 
        the date of enactment of this subsection, not less than 80 
        percent of the volume of each pollutant listed pursuant to 
        paragraph (1)(B) released into waters at the time of the 
        identification is subject to plans prepared pursuant to this 
        subsection.
            ``(3) Requirements for pollution prevention plans.--
                    ``(A) In general.--Each pollution prevention plan 
                prepared pursuant to this subsection shall--
                            ``(i) address pollutants listed pursuant to 
                        section 307(a) with respect to which the 
                        discharger is required to report under section 
                        313 of the Emergency Planning and Community 
                        Right-to-Know Act of 1986 (42 U.S.C. 11023); 
                        and
                            ``(ii) with respect to a direct discharger, 
                        be submitted as part of the application for the 
                        issuance or the reissuance of a permit under 
                        section 402, and with respect to a person 
                        subject to a pretreatment requirement, be 
                        submitted to the permitting authority.
                    ``(B) Minimum requirements for plan.--Each 
                pollution prevention plan referred to in subparagraph 
                (A) shall, at a minimum--
                            ``(i) establish goals for pollution 
                        prevention (including the reduction in the use 
                        of pollutants, byproduct generation, and in-
                        process recycling) over the term of a permit 
                        referred to in paragraph (1), or the period 
                        during which a local limit referred to in 
                        paragraph (1) applies;
                            ``(ii) address water use efficiency;
                            ``(iii) include onsite plans for the 
                        attainment of the goals established under 
                        clause (i); and
                            ``(iv) provide for annual reports to the 
                        agency that issues a permit concerning progress 
                        toward attainment of the goals established 
                        under clause (i).
                    ``(C) Guidance.--Not later than 4 years after the 
                date of enactment of this subsection, the Administrator 
                shall issue guidance that indicates the range of the 
                potential and demonstrated reduction in pollution under 
                pollution prevention plans submitted pursuant to this 
                subsection.
                    ``(D) Availability of plans.--
                            ``(i) In general.--The pollution prevention 
                        plan for each facility shall be retained at the 
                        facility, and, for purposes of administering 
                        this Act, shall be available to the 
                        Administrator, the State in which the facility 
                        is located, and any local government agency 
                        given authority by the State to inspect the 
                        plans. Any documents and other records obtained 
                        or reviewed may not be deemed to be public 
                        records or documents.
                            ``(ii) Availability to the public.--The 
                        pollution prevention plan summaries for each 
                        facility shall be made available to the public 
                        at the facility during normal business hours.
            ``(4) Report to congress.--Not later than 5 years after the 
        date of enactment of this subsection, the Administrator shall 
        submit a report to Congress that describes the pollutant 
        reductions accomplished pursuant to plans prepared pursuant to 
        this subsection.''.

      TITLE III--WATERSHED PLANNING AND NONPOINT POLLUTION CONTROL

SEC. 301. WATER QUALITY MONITORING.

    (a) State Water Quality Monitoring Programs.--Subsection (b) of 
section 305 (33 U.S.C. 1315(b)) is amended to read as follows:
    ``(b)(1) Each State shall conduct a comprehensive program to 
monitor the quality of navigable waters and aquatic sediment within the 
State.
    ``(2) Each State monitoring program conducted pursuant to this 
subsection shall, at a minimum--
            ``(A) assess whether the waters of the State (including the 
        rivers, lakes, and coastal waters of the State)--
                    ``(i) provide for the protection and propagation of 
                a balanced population of shellfish, fish, and wildlife; 
                and
                    ``(ii) allow for recreation in and on the waters;
            ``(B) identify waters that do not meet a water quality 
        standard (including a designated use);
            ``(C) assess the contribution of point and nonpoint sources 
        to the water pollution problems of the State referred to in 
        subparagraphs (A) and (B); and
            ``(D) provide that monitoring activities in the State be 
        scheduled, to the extent practicable, to provide for continuous 
        collection of information over each period that is the subject 
        of a report submitted pursuant to paragraph (5).
    ``(3) Not later than 2 years after the date of enactment of this 
paragraph, the Administrator shall promulgate regulations that specify 
minimum requirements for each State monitoring program conducted 
pursuant to this subsection.
    ``(4) Each State monitoring program conducted pursuant to this 
subsection--
            ``(A) shall coordinate the assessment of water and sediment 
        quality within the State;
            ``(B) in coordinating the assessment referred to in 
        subparagraph (A), may draw on data from--
                    ``(i) the monitoring programs of Federal agencies;
                    ``(ii) the monitoring of dischargers pursuant to 
                section 308; and
                    ``(iii) volunteer monitoring programs;
            ``(C) may collect and assess original data that is 
        necessary to supplement the data sources referred to in 
        subparagraph (B); and
            ``(D) shall be conducted in coordination and cooperation 
        with the Water Quality Monitoring Council established under 
        subsection (c).
    ``(5)(A) Each State shall prepare for all waters within the State 
and submit to the Administrator not later than August 1, 1995, 
information on the attainment and maintenance of water quality. The 
information required under this paragraph shall be updated with 
information supplied by the States not less frequently than every 5 
years.
    ``(B) The State shall publish a report on the monitoring program, 
including a compilation of the data, not later than 5 years after the 
date of enactment of this paragraph, and every 5 years thereafter.
    ``(C) Each State shall include in each report referred to in 
subparagraph (A) data collected from hydrologic study units and fixed 
monitoring stations operated by Federal agencies.
    ``(6) The Administrator shall ensure that--
            ``(A) the data provided in the reports submitted pursuant 
        to paragraph (5) are maintained in a repository on a continuous 
        basis by the Environmental Protection Agency; and
            ``(B) the repository is updated in a timely fashion.''.
    (b) Water Quality Monitoring Council.--Section 305 (33 U.S.C. 1315) 
is amended by adding at the end the following new subsection:
    ``(c)(1) There is established a Water Quality Monitoring Council 
(referred to in this subsection as the `Council'). The Council shall 
give advice with respect to the coordination of Federal and State water 
quality monitoring programs.
    ``(2) The Council shall be composed of--
            ``(A) a representative of the Administrator, who shall be a 
        cochairperson of the Council;
            ``(B) a representative of the Director of the United States 
        Geological Survey, who shall be a cochairperson of the Council;
            ``(C) 3 representatives of appropriate Federal agencies 
        appointed by the President (after receiving recommendations 
        from the Administrator);
            ``(D) 3 representatives of State environmental protection 
        agencies, appointed by the Administrator;
            ``(E) 3 representatives of the academic community, 
        appointed by the Administrator; and
            ``(F) 3 representatives of volunteer water quality 
        monitoring organizations, appointed by the Administrator.
    ``(3) The Council shall, at a minimum--
            ``(A) review and make recommendations regarding the 
        implementation of Federal water and sediment quality monitoring 
        programs;
            ``(B) review and make recommendations regarding the 
        implementation of State water monitoring programs pursuant to 
        subsection (b);
            ``(C) recommend consistent quality assurance standards for 
        monitoring programs implemented pursuant to this section;
            ``(D) recommend procedures and methods for statistical 
        analysis of monitoring data; and
            ``(E) assist in the effective coordination of data 
        management systems.
    ``(4) Members of the Council may not be compensated for any travel 
expenses incurred, and may not receive any compensation, by reason of 
service on the Council.
    ``(5)(A) Not later than 2 years after the date of enactment of this 
subsection, the President, after considering the recommendations of the 
Council, shall submit to Congress a strategy for the coordinated 
implementation of water quality monitoring programs.
    ``(B) The strategy referred to in subparagraph (A) shall--
            ``(i) review and assess the location and function of fixed 
        monitoring stations and hydrologic study units; and
            ``(ii) describe--
                    ``(I) the roles and responsibilities of Federal 
                agencies;
                    ``(II) methods of coordination among agencies, 
                including procedures to ensure the implementation of 
                the strategy;
                    ``(III) the anticipated level of resources to be 
                devoted to monitoring programs by each agency; and
                    ``(IV) measures to ensure that Federal monitoring 
                programs are responsive to the monitoring needs of 
                States to the fullest extent practicable.
    ``(6)(A) The Administrator, in cooperation with the Council, shall 
prepare and submit to Congress, on January 1, 1996, and every 5 years 
thereafter, a report that--
            ``(i) describes the findings of monitoring programs 
        conducted pursuant to this section; and
            ``(ii) provides a comprehensive assessment of conditions 
        and trends in the quality of navigable waters throughout the 
        United States.
    ``(B) The report referred to in subparagraph (A) shall also 
identify needed changes to Federal and State monitoring programs, 
including the adequacy of funding for the accomplishment of the 
programs provided for in this section.''.

SEC. 302. COMPREHENSIVE WATERSHED MANAGEMENT.

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

``SEC. 321. COMPREHENSIVE WATERSHED MANAGEMENT.

    ``(a) Findings and Purpose.--
            ``(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 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.
    ``(b) Designation of Watersheds.--
            ``(1) In general.--The Governor of a State may at any time 
        designate waters (including ground waters) and associated land 
        areas within the State as a watershed management unit. To the 
        extent practicable, the boundaries of each watershed management 
        unit shall be consistent with the hydrological units identified 
        by the United States Geological Survey of the Department of the 
        Interior as the most appropriate units for planning purposes.
            ``(2) Requirements for designation.--Each designation under 
        paragraph (1) shall include an identification of the waters 
        within the watershed management unit that are not meeting water 
        or sediment quality standards (including designated uses) at 
        the time of the designation. Each designation under paragraph 
        (1) shall also identify any outstanding national resource water 
        and sensitive aquatic or wildlife habitat area within the 
        watershed management unit that is the subject of the 
        designation.
            ``(3) Watershed management unit.--
                    ``(A) In general.--Each watershed management unit 
                referred to in paragraph (1) shall, to the extent 
                practicable, include the land area occupied by all 
                sources of pollution that are causing, or contributing 
                to, an impairment identified pursuant to paragraph (2).
                    ``(B) Multistate units.--Each watershed management 
                unit established under this subsection may include 
                waters and associated land areas in more than 1 State, 
                if the Governors of the States affected jointly 
                designate the watershed management unit.
            ``(4) Designation.--Each designation of a watershed 
        management unit made pursuant to this subsection, and each 
        corresponding management entity designated under paragraph (1) 
        or (2) of subsection (c), shall be submitted to the 
        Administrator for approval. The Administrator shall approve the 
        designation not later than 180 days after the date of 
        submittal, if the designation meets the requirements of this 
        section. If the Administrator disapproves the designation, the 
        Administrator shall notify the State in writing of the reasons 
        for disapproval. The State may resubmit the designation amended 
        to meet the objections of the Administrator.
    ``(c) Management Entity.--
            ``(1) In general.--The Governor of a State shall determine 
        the entity responsible for developing and implementing a plan 
        for each watershed management unit designated under this 
        section. The management entity may be an agency of State 
        government, a local government agency, a substate regional 
        planning organization, a conservation district or other natural 
        resource management district, or any other public or nonprofit 
        entity with the capacity to carry out the responsibilities 
        authorized by this section, as set forth by the Administrator 
        in the guidance required under subsection (i).
            ``(2) Multistate management entity.--If a watershed 
        management unit is designated to include land area in more than 
        1 State, the Governors of the States affected shall jointly 
        determine the appropriate management entity.
            ``(3) Eligibility for assistance.--If the Administrator 
        determines that the management entity identified by the 
        Governor has adequate powers to carry out the responsibilities 
        authorized by this section, the entity shall be eligible for 
        assistance under subsection (f).
    ``(d) Watershed Management and Planning Activities.--Watershed 
management and planning activities eligible to receive assistance from 
the Administrator under this Act include, with respect to a watershed--
            ``(1) characterizing the waters and land uses of the 
        watershed management unit (including the existing, designated, 
        and potential uses of the waters, the living resources 
        supported by the waters, sensitive habitats within the 
        watershed, and other natural, social and economic values that 
        may be affected by water quality within the watershed);
            ``(2) identifying problems related to water quality within 
        the watershed (including impairments and threats to the 
        existing, designated, and potential uses, pollutants of 
        concerns, and sources of pollutants causing threats or 
        impairments);
            ``(3) selecting short-term and long-term goals for 
        watershed management (including the maintenance or restoration 
        of water quality, sediment quality, aquatic and wildlife 
        habitat, and living resources supported by the waters of the 
        watershed);
            ``(4) selecting measures and practices to meet identified 
        goals (including the allocation of pollutant load reductions 
        among sources of pollution within the watershed and the design 
        of remedial actions necessary to restore uses);
            ``(5) identifying and coordinating specific projects and 
        activities necessary to reduce pollutant loadings or to restore 
        water quality or aquatic habitat within the watershed 
        (including identifying Federal, State, local, and other 
        financial resources needed to support the projects and 
        activities); and
            ``(6) identifying the appropriate institutional 
        arrangements to carry out a plan approved pursuant to 
        subsection (g) and ensuring compliance with schedules and 
        limits established by the management process.
    ``(e) Public Participation.--To the maximum extent practicable, 
each State shall establish procedures, including the establishment of 
technical and citizens' advisory committees, to encourage the public to 
participate in developing the comprehensive watershed management 
program under this section.
    ``(f) Support for Watershed Management and Planning.--
            ``(1) Interagency committee.--There is established an 
        interagency committee to support 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. In appointing members to the committee, the 
        President may include such representatives from a State or 
        local government and individuals from any affected industry, 
        public or private educational institution, and the general 
        public as the Administrator determines appropriate.
            (2) Compensation.--Members of the Council may not be 
        compensated for any travel expenses incurred, and may not 
        receive any compensation, by reason of service on the Council.
            ``(3) Use of other funds under this act.--The planning and 
        management activities carried out by a management entity 
        pursuant to this section may be carried out with funds made 
        available pursuant to section 106(h), 205(j), 319(e), or 604(b) 
        (or any combination thereof).
    ``(g) Approved Plans.--
            ``(1) In general.--The Governor of a State may submit to 
        the Administrator for approval a comprehensive watershed 
        management plan developed pursuant to this section. The 
        Administrator shall, after notice and opportunity for public 
        comment, approve or disapprove a comprehensive watershed 
        management plan submitted by a Governor pursuant to this 
        subsection. The Administrator shall approve the plan if the 
        plan satisfies each of the following conditions:
                    ``(A) The plan has been developed for a watershed 
                management unit designated and approved pursuant to 
                subsection (b).
                    ``(B) The entity with responsibility to carry out 
                the plan has the legal authority and financial 
                resources to carry out the plan.
                    ``(C) Except as provided in subparagraph (D), if 
                the watershed includes waters that are not meeting 
                water or sediment quality standards at the time of 
                submission--
                            ``(i) the plan--
                                    ``(I) identifies the pollutants and 
                                sources causing the impairment; and
                                    ``(II) demonstrates that the 
                                standards will be attained as 
                                expeditiously as practicable, but not 
                                later than 10 years after the date of 
                                submittal of the plan; and
                                    ``(III) includes periodic 
                                determinations to ensure reasonable 
                                further progress within the economic 
                                capability of the sources within the 
                                watershed is made toward attaining the 
                                standards; and
                            ``(ii) the plan includes a list of projects 
                        and activities necessary to achieve allocated 
                        load reductions consistent with the 
                        requirements of section 303(b), and--
                                    ``(I) identifies those projects of 
                                highest priority; and
                                    ``(II) includes milestones for the 
                                implementation of the projects and 
                                activities.
                    ``(D) In the case of a watershed with respect to 
                which pollutant loads are attributable only to point 
                sources the plan demonstrates that the standards will 
                be attained not later than 5 years after the date of 
                enactment of this section and that periodic 
                determinations will be made to determine that 
                reasonable further progress within the economic 
                capability of the sources within the watershed during 
                the period specified is made.
                    ``(E) For those waters in the watershed attaining 
                water quality standards at the time of submission, the 
                plan identifies those projects and activities necessary 
                to maintain water quality standards in the future.
                    ``(F) Any other condition the Administrator may 
                establish by guidance or regulation.
            ``(2) Planning and implementation schedule.--Each plan 
        submitted and approved under this subsection shall include a 
        planning and implementation schedule for a period of at least 5 
        years. The approval of the Administrator of a plan shall apply 
        for a period not to 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 any initial 
        plan for a watershed that is approved pursuant to this 
        subsection.
            ``(3) Delegation of authority.--
                    ``(A) In general.--The Administrator may delegate 
                to a State the authority to approve watershed plans 
                under this subsection, if--
                            ``(i) the State submits a program to the 
                        Administrator that is no less stringent than 
                        the guidance issued under subsection (i); and
                            ``(ii) the Administrator approves the State 
                        program and the Administrator periodically 
                        reviews State decisions to approve specific 
                        watershed plans to determine whether the plans 
                        comply with the requirements of this subsection 
                        and the guidance issued by the Administrator.
                    ``(B) Revocation.--If at any time after delegating 
                authority to a State pursuant to subparagraph (A), the 
                Administrator determines that a State is not meeting a 
                requirement referred to in such subparagraph, the 
                Administrator may revoke the delegation.
    ``(h) Incentives for Watershed Planning.--
            ``(1) Projects and activities.--Projects and activities 
        identified in an approved plan as necessary for attainment and 
        maintenance of water and sediment quality standards applicable 
        to the waters within the watershed management unit, and not 
        otherwise required by this or other Federal law, shall--
                    ``(A) be eligible for funding under section 
                603(c)(1)(F);
                    ``(B) be included in any needs assessment conducted 
                pursuant to section 516; and
                    ``(C) be eligible for funding under section 
                604(a)(2)(C).
            ``(2) Activities of federal agencies.--
                    ``(A) In general.--Each activity of a Federal 
                agency that affects land use, water quality, or the 
                natural resources within a watershed planning unit for 
                which a plan has been approved pursuant to subsection 
                (g) shall be carried out in a manner that is consistent 
                with the policies established in the plan.
                    ``(B) Exemption.--Notwithstanding subparagraph (A), 
                the President may exempt a Federal agency activity from 
                the requirements of a plan approved under subsection 
                (g) if the President determines that it is in the 
                paramount interest of the United States to exempt the 
                Federal agency.
            ``(3) Limitation.--
                    ``(A) In general.--Notwithstanding section 
                301(b)(1)(C), and subject to the requirements of 
                section 402(o), the Administrator or a State may issue 
                a permit to a point source that includes a limitation 
                for a pollutant to be discharged by the source to a 
                specific portion of a navigable water that does not 
                ensure attainment and maintenance of water quality 
                standards (alone, or in combination with, limitations 
                issued for other point sources discharging to the 
                water), if--
                            ``(i) the water is part of a watershed 
                        management unit for which a plan has been 
                        approved under subsection (g); and
                            ``(ii) the plan includes enforceable 
                        requirements that have been imposed under State 
                        or local law for nonpoint source pollution load 
                        reductions that, in combination with the 
                        limitations established for point sources, 
                        provide for the attainment and maintenance of 
                        water quality standards for the waters prior to 
                        expiration of the plan.
                    ``(B) Extension of term.--Notwithstanding section 
                402(b)(1)(B), the Administrator or a State is 
                authorized to grant an extension of the term of any 
                permit issued pursuant to section 402 for a period not 
                to exceed 4 years after the date of enactment of this 
                section for any source--
                            ``(i) that is located in an area that is 
                        designated as a watershed planning unit; and
                            ``(ii) for which the Governor of the State 
                        indicates to the Administrator in writing, 
                        prior to the expiration date of the permit (as 
                        in effect on the date of enactment of this 
                        section), an intention to prepare and submit a 
                        watershed management plan for approval under 
                        subsection (g).
            ``(4) Extension for approved plan.--Notwithstanding section 
        402(b)(1)(B), the term of a permit issued to a point source 
        under section 402 may be extended to be a term of 10 years for 
        any point source located in a watershed management unit for 
        which a plan has been approved under subsection (g), if the 
        plan provides for the attainment and maintenance of water 
        quality standards (including designated uses) in waters 
        affected by the discharge from the point source that is the 
        subject of the permit for the entire term of the permit subject 
        to the extension. Notwithstanding the preceding sentence, any 
        permit issued pursuant to this section shall be renewed and 
        revised as necessary to attain and maintain water quality 
        standards if at any time during the term of the permit the 
        waters affected by the discharge do not meet water quality 
        standards.
    ``(i) Guidance.--Not later than 18 months after the date of 
enactment of this section, the Administrator shall issue guidance for 
the comprehensive watershed management and planning under this section 
that specifies minimum requirements for watershed designation, legal 
authorities and financial resources for management entities, public 
participation, and elements necessary for approval of a watershed 
management plan pursuant to subsection (g).
    ``(j) State Water Law.--Nothing in this section is intended to 
amend, supersede, or abrogate any right to a quantity of water that has 
been established by any interstate water compact, Supreme Court decree, 
State water law, or any requirement imposed, or right provided under, 
any Federal or State environmental or public health law.''.

SEC. 303. IMPAIRED WATERS IDENTIFICATION.

    Subsection (a) of section 319 (33 U.S.C. 1329(a)) is amended to 
read as follows:
    ``(a) Impaired Waters.--
            ``(1) Impaired waters.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of clause (i), each State shall 
                submit to the Administrator a list of waters within the 
                State that cannot, without additional action to control 
                nonpoint sources of pollution, reasonably be 
                anticipated to attain or maintain--
                            ``(i) water quality standards for the 
                        waters; or
                            ``(ii) a water quality that will ensure the 
                        protection of public health and public water 
                        supplies, and the protection and propagation of 
                        a balanced population of shellfish, fish, and 
                        wildlife and allow for recreational activities 
                        in and on the water.
                    ``(B) Contents of list.--A list submitted pursuant 
                to this paragraph shall include, at a minimum, waters 
                listed pursuant to sections 304(l)(1)(A) and 
                319(a)(1)(A) for which individual control strategies 
                have been promulgated, unless the State demonstrates 
                that the waters do not meet the listing criteria 
                referred to in subparagraph (A).
                    ``(C) Additions to list.--
                            ``(i) Action by a state.--A State may add 
                        to the list submitted to the Administrator 
                        pursuant to subparagraph (A) any waters within 
                        the State that the State determines to be--
                                    ``(I) threatened with impairment; 
                                or
                                    ``(II) an outstanding national 
                                resource water, as designated pursuant 
                                to section 303(g).
                            ``(ii) Action by the administrator.--The 
                        Administrator may add a water to a list 
                        submitted by a State, or expand an area 
                        identified pursuant to subparagraph (E) if the 
                        water meets the listing criteria referred to in 
                        subparagraph (A).
                    ``(D) Failure by state.--In any case in which a 
                State fails to submit a list pursuant to this paragraph 
                by the date specified in subparagraph (A), the 
                Administrator shall carry out the requirements of this 
                paragraph not later than 1 year after the date 
                specified.
                    ``(E) Delineation of watershed.--The list prepared 
                pursuant to this paragraph shall include a delineation 
                of the land area within the State of the watershed of a 
                listed water. The delineated area shall include all 
                sources of pollution within the State that cause, or 
                contribute to, the impairment of the water quality of 
                the water. In any case in which the watershed areas of 
                individual impaired waters overlap, a State may combine 
                waters to form a single watershed area for the purposes 
                of the inclusion of the watershed area on the list 
                prepared pursuant to subparagraph (A).
                    ``(F) Public review and comment.--Each State shall 
                provide an opportunity for public review and comment on 
                the list prepared pursuant to this paragraph and shall, 
                at a minimum, hold at least 1 public hearing concerning 
                the list not later than 60 days prior to submittal of 
                the list to the Administrator.
                    ``(G) Petition.--Any person may submit to the State 
                in which the person resides a petition for the listing 
                of a water pursuant to this paragraph. In any case in 
                which a petition establishes that a water meets the 
                listing criteria referred to in subparagraph (A), or in 
                the case of a petition for listing pursuant to 
                paragraph (4) if the waters meet the requirements of 
                paragraph (4), the State shall add the waters to the 
                list prepared pursuant to subparagraph (A).
                    ``(H) Approval by administrator.--The Administrator 
                shall review each list required to be prepared pursuant 
                to this paragraph not later than 90 days after receipt 
                of the list. If the Administrator finds that the list 
                is consistent with the requirements of this subsection, 
                the Administrator shall, after notice and opportunity 
                for public comment, approve the list. The approval or 
                disapproval by the Administrator of a list shall 
                constitute final agency action for the purposes of 
                section 509. The court shall not set aside or reward a 
                decision to list a water unless the court decides, on 
                the basis of the rulemaking record, that the decision 
                was arbitrary and capricious, or otherwise in violation 
                of law.
            ``(2) Reassessment of impaired waters.--Not later than 7 
        years after the date of enactment of subparagraph (A), and 
        every 5 years thereafter, each State shall submit to the 
        Administrator a list of waters and a description of watershed 
        areas of the waters in a manner consistent with the procedures 
        for listing a watershed under paragraph (1). The list shall 
        also include waters that fail to meet--
                    ``(A) biological monitoring regulations established 
                pursuant to the information published pursuant to 
                section 304(a)(8); or
                    ``(B) standards for pollutants adopted pursuant to 
                section 303 associated with nonpoint sources.''.

SEC. 304. NONPOINT POLLUTION CONTROL.

    (a) Management Program Revision.--Section 319 (33 U.S.C. 1329) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting before ``The Governor of 
                        each State'' the following new sentence: ``Not 
                        later than 30 months after the date of 
                        enactment of the Water Pollution Prevention and 
                        Control Act of 1993, the Governor of each State 
                        shall prepare and submit to the Administrator a 
                        revised management program.''; and
                            (ii) by adding at the end of the paragraph 
                        the following new sentence: ``Each management 
                        program prepared under this subsection shall be 
                        consistent with the guidance developed under 
                        subsection (c).'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``paragraph (1)(B),'' and all that follows 
                        through the end of the subparagraph and 
                        inserting the following: ``subsection 
                        (c)(2)(A), except that the State may exempt a 
                        category of sources on the basis of a 
                        demonstration to the Administrator that the 
                        category of sources does not cause impairment 
                        to the waters within the State.'';
                            (ii) in subparagraph (B), by adding at the 
                        end the following new sentence: ``Except for 
                        categories, subcategories, or sources addressed 
                        pursuant to subsection (f), the programs and 
                        management practices shall be consistent with 
                        guidance published pursuant to subsection 
                        (c).'';
                            (iii) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                    ``(C) A schedule containing annual milestones for 
                the implementation of management measures as 
                expeditiously as practicable but not later than 3 years 
                after the date of approval of the program for new 
                sources'';
                            (iv) by redesignating subparagraphs (E) and 
                        (F) as subparagraphs (F) and (G), respectively; 
                        and
                            (v) by inserting after subparagraph (D) the 
                        following new subparagraph:
                    ``(E) For any source in a category or class of 
                sources listed in guidance developed under subsection 
                (c) that is also in the watershed delineated under 
                section 319(a)(1)--
                            ``(i) the implementation of management 
                        measures as expeditiously as practicable, but 
                        not later than 3 years after the date of 
                        approval of the program; or
                            ``(ii) the development of site-specific 
                        water quality plans pursuant to subsection (f) 
                        as expeditiously as practicable, but not later 
                        than 3 years after the date of approval of the 
                        program, including appropriate agreements with 
                        the Secretary of Agriculture or appropriate 
                        State agencies for the development of each 
                        plan.'';
                    (C) by striking paragraph (3) and inserting the 
                following new paragraph:
            ``(3) Revision of plans.--
                    ``(A) In general.--Not later than 7 years after the 
                date of enactment of the Water Pollution Prevention and 
                Control Act of 1993, each State shall review and revise 
                the plan developed pursuant to paragraph (2) in a 
                manner consistent with the requirements of this 
                section.
                    ``(B) Site-specific water quality plans.--Each plan 
                submitted pursuant to this paragraph may provide for 
                the implementation of site-specific water quality plans 
                pursuant to paragraph (2)(E)(ii) only if the plan is 
                for a source within the watershed area of an impaired 
                water with respect to which the Administrator has 
                approved a watershed plan pursuant to section 321.
                    ``(C) Enforcement.--Each plan developed pursuant to 
                this paragraph shall provide for the necessary legal 
                authority to ensure the implementation of management 
                measures for existing sources and new sources and 
                measures required under plans developed under a program 
                referred to in subsection (b). The legal authority 
                shall include, at a minimum, the authority to seek 
                injunctive relief for the failure to implement a 
                measure referred to in the preceding sentence.
                    ``(D) Failure to submit plan.--If a State fails to 
                submit a plan pursuant to this paragraph, or the 
                Administrator does not approve the plan, not later than 
                1 year after the deadline for the submittal of the plan 
                to the Administrator, or 1 year after the Administrator 
                disapproves the plan, the Administrator shall publish a 
                regulation providing for the implementation of 
                enforceable minimum control measures for categories of 
                sources in the State that is consistent with this 
                subsection. The Administrator may use the sums 
                allocated to the State under subsection (h) to 
                implement the regulation (including making grants to 
                substate agencies approved by the Administrator 
                pursuant to subsection (e)).'';
                    (D) by striking paragraph (4) and inserting the 
                following new paragraph:
            ``(4) Public and agency involvement.--In developing and 
        implementing a management program under this subsection, a 
        State shall provide for public review and comment and shall 
        cooperate with local, State, and interstate entities.''; and
                    (E) by adding at the end the following new 
                paragraphs:
            ``(5) Economic capability.--A State may, with the approval 
        of the Administrator, adopt alternative requirements with 
        respect to a specific nonpoint source of pollution based on a 
        showing by the owner or operator of the source that the 
        modified requirements will--
                    ``(A) represent the maximum use of management 
                measures and practices within the economic capability 
                of the owner or operator; and
                    ``(B) result in reasonable further progress toward 
                elimination of pollution.
            ``(6) Definitions.--As used in this section:
                    ``(A) Existing source.--The term `existing source' 
                means any nonpoint source, category, or subcategory of 
                sources that is not a new source.
                    ``(B) New source.--The term `new source' means any 
                source, category, or subcategory of sources that is 
                described in one of the following clauses:
                            ``(i) The development or significant 
                        redevelopment of a commercial or residential 
                        site of 5 or more acres that is not subject to 
                        a stormwater permit issued under section 
                        402(p).
                            ``(ii) The construction or significant 
                        reconstruction of a road, highway, or bridge 
                        that is not subject to a stormwater permit 
                        issued under section 402(p).
                            ``(iii) The harvesting of timber or the 
                        construction of a forest road.
                            ``(iv) The construction or significant 
                        expansion of an animal feeding operation that 
                        is not subject to a permit issued under section 
                        402.
                            ``(v) A category or subcategory of new 
                        sources established by the Administrator under 
                        subsection (c).
                            ``(vi) A source, category, or subcategory 
                        of sources designated as a new source by a 
                        State.'';
            (2) by striking subsection (c) and inserting the following 
        new subsection:
    ``(c) National Program Guidance.--
            ``(1) In general.--The Administrator, in consultation with 
        the heads of other Federal agencies, shall publish guidance 
        that specifies elements of nonpoint pollution management 
        programs.
            ``(2) Guidance contents.--The guidance published under this 
        subsection shall include, at a minimum--
                    ``(A) a description of categories and subcategories 
                of sources of nonpoint pollution;
                    ``(B) management measures appropriate to each 
                category or subcategory of source identified in 
                subparagraph (A), including a description of each 
                method or practice, structural or nonstructural 
                control, and operation and maintenance procedure, that 
                constitutes each measure;
                    ``(C) program implementation criteria appropriate 
                to ensure the implementation of management measures;
                    ``(D) methods to estimate reductions in nonpoint 
                pollution loads necessary to attain and maintain water 
                quality and sediment quality standards and achieve the 
                goals and requirements of this Act; and
                    ``(E) any necessary monitoring to assess over time 
                the success of management measures in reducing nonpoint 
                pollution loads and improving water quality.
            ``(3) Publication of guidance.--Not later than 90 days 
        after the date of enactment of this paragraph, the 
        Administrator shall publish proposed guidance pursuant to this 
        subsection, and the Administrator shall publish final guidance 
        not later than 180 days after such date of enactment.
            ``(4) Review.--The Administrator shall provide the heads of 
        interested Federal agencies, States, and other interested 
        persons with an opportunity to provide written comments on 
        proposed guidance under this subsection.
            ``(5) Regional variation.--The Administrator may, on the 
        recommendation of an administrator of a regional office of the 
        Environmental Protection Agency, modify management measures 
        pursuant to paragraph (2)(B) to reflect special conditions in 
        the region under the jurisdiction of the administrator of the 
        regional office. The modification shall apply to each State in 
        the region.
            ``(6) Definitions.--As used in this subsection:
                    ``(A) Management measures.--The term `management 
                measures' means economically achievable measures for 
                the control of the addition of pollutants from existing 
                sources and new sources (as defined in subsection 
                (b)(6)) that reflect the greatest degree of pollutant 
                reduction achievable through the application of the 
                best available nonpoint pollution control practices, 
                technologies, processes, siting criteria, operating 
                methods, or other alternatives.
                    ``(B) Program implementation criteria.--The term 
                `program implementation criteria' means specified 
                characteristics of a program that will result in the 
                effective and reliable implementation of management 
                measures and the maintenance of the management measures 
                over the long-term. In establishing the criteria, the 
                Administrator shall consider any programs in effect 
                that have been demonstrated by 1 or more States to be 
                effective and reliable means of ensuring the 
                implementation and maintenance of a management measure. 
                The term shall include appropriate State statutes, 
                county or municipal ordinances, financial assistance 
                programs, and related enforceable authorities.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``report or'' both places it appears; and
                            (ii) in the third sentence, by striking 
                        ``report, management program,'' both places it 
                        appears, and inserting ``management program'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``(b)(2)'' and inserting ``(b)'';
                            (ii) in subparagraph (C), by striking 
                        ``sufficiently expeditious'' and inserting 
                        ``consistent with the guidance referred to in 
                        subsection (c)''; and
                            (iii) in subparagraph (D), by inserting 
                        before ``adequate to reduce the level of 
                        pollution in navigable waters'' the following 
                        ``consistent with the guidance referred to in 
                        subsection (c), or otherwise not''; and
                    (C) by striking paragraph (3) and inserting the 
                following new paragraph:
            ``(3) Grant adjustment and reallocation of funds.--
                    ``(A) Grant adjustment--Beginning with fiscal year 
                1998, and for each fiscal year thereafter, no grant 
                funds available to a State under this section shall be 
                awarded to a State without a management program that 
                has been approved by the Administrator pursuant to 
                subsection (b).
                    ``(B) Reallocation of funds.--Beginning with fiscal 
                year 1998, and for each fiscal year thereafter, in the 
                case of a State that does not have a management program 
                that has been approved by the Administrator under 
                subsection (b), the Administrator shall reserve a 
                proportionate share for the State of the amount of the 
                grant awarded pursuant to subsection (h) for the 
                preceding fiscal year. The Administrator shall first 
                allocate an amount of the amount reserved among local 
                management programs within the State that have been 
                approved pursuant to subsection (e) in such amounts as 
                the Administrator determines to be appropriate. Any 
                funds that the Administrator does not allocate in 
                accordance with the preceding sentence to support 
                programs approved pursuant to subsection (e), shall be 
                made available to States that have a program approved 
                by the Administrator under subsection (b).''; and
            (4) in the first sentence of subsection (e), by striking 
        ``, with the approval of such State,''.
    (b) Grant Assistance.--Section 319 (33 U.S.C. 1329) is amended--
            (1) in subsection (h)--
                    (A) by striking paragraph (5) and inserting the 
                following new paragraph:
            ``(5) Allotment of grant funds.--
                    ``(A) In general.--From the sums appropriated in 
                any fiscal year, the Administrator shall allocate funds 
                in accordance with such factors as the Administrator 
                considers appropriate.
                    ``(B) Reservation of funds.--For fiscal years 1996 
                and 1997, prior to the allotment of funds pursuant to 
                subparagraph (A), the Administrator shall reserve an 
                amount equal to 50 percent of the funds available for 
                allotment for the fiscal year for allotment to States 
                on the basis of the ratio of the number of acres of 
                watershed areas of waters listed pursuant to subsection 
                (a) in the State to the total number of acres of 
                watershed areas of waters listed pursuant to such 
                section.
                    ``(C) Allotment.--Beginning with fiscal year 1998, 
                and for each fiscal year thereafter, prior to allotting 
                funds pursuant to subparagraph (A), the Administrator 
                shall reserve an amount equal to 50 percent of the 
                funds available for allotment to States on the basis of 
                the estimate of the cost of implementing site-specific 
                water quality plans prepared pursuant to subsection (f) 
                within the watershed area of a water with respect to 
                which the Administrator has approved a watershed plan 
                pursuant to section 321.'';
                    (B) in paragraph (6), in the first sentence, by 
                inserting before the period at the end the following: 
                ``, and shall remain available for the following fiscal 
                year;'';
                    (C) by striking paragraph (7) and inserting the 
                following new paragraph:
            ``(7) Limitation on use of funds.--
                    ``(A) In general.-- Each State may use funds from a 
                grant made pursuant to this section to provide 
                financial assistance to a person only to the extent 
                that the assistance is related to the--
                            ``(i) cost of a demonstration project;
                            ``(ii) incentive grant; or
                            ``(iii) land acquisition or conservation 
                        easement.
                    ``(B) Limitation on incentive grants.--An incentive 
                grant may be made only if--
                            ``(i) no other source of Federal assistance 
                        is available to implement the measure;
                            ``(ii) the amount of funding for a project 
                        provided pursuant to this subsection does not 
                        exceed 50 percent of the cost of the project, 
                        and the difference between the amount of the 
                        funding provided pursuant to this subsection 
                        and the cost of the project is paid from non-
                        Federal sources;
                            ``(iii) the amount of the grant does not 
                        exceed $5,000 per year;
                            ``(iv) the Administrator determines before 
                        awarding the grant that the measure assisted by 
                        the grant has a design life in excess of 5 
                        years;
                            ``(v) in making the grants available, the 
                        State will give highest priority to areas 
                        identified by the State under subsection (a);
                            ``(vi) in making the grants available, the 
                        State will give highest priority to persons 
                        with the greatest financial need; and
                            ``(vii) not more than 50 percent of all 
                        funds made available to a State under this 
                        section shall be available for incentive 
                        grants.
                    ``(C) Limitation on land acquisition and incentive 
                grants.--A land acquisition or conservation easement 
                may be funded under this paragraph only if--
                            ``(i) in the case of conservation easement, 
                        the conservation easement is consistent with a 
                        site-specific control plan; and
                            ``(ii) the amount of funds used for the 
                        purposes specified in this subparagraph does 
                        not exceed an amount equal to 30 percent of the 
                        total amount of funds made available as grants 
                        to a State under this subsection.
                    ``(D) Incentive grant defined.--As used in this 
                paragraph, the term `incentive grant' means a grant to 
                an individual to implement a site-specific water 
                quality plan developed pursuant to subsection (f).'';
                    (D) in paragraph (12), by inserting ``and incentive 
                grants'' after ``demonstration projects''; and
                    (E) by adding at the end the following new 
                paragraph:
            ``(13) Failure to implement.--If the Administrator 
        determines that a State has substantially failed to implement a 
        plan, or develop site-specific water quality plans, the 
        Administrator shall withhold not less than 25 percent, and not 
        more than 50 percent, of the funds that would otherwise have 
        been available to the State pursuant to this subsection. The 
        amount of funds withheld pursuant to this paragraph shall be 
        allocated to States with a program approved by the 
        Administrator pursuant to subsection (b) and local management 
        programs within the States that have been approved pursuant to 
        subsection (e).''; and
            (2) in subsection (j), by inserting after the first 
        sentence the following new sentence: ``There are authorized to 
        be appropriated to carry out subsection (h) an amount not to 
        exceed $300,000,000 for fiscal year 1995, $500,000,000 for each 
        of fiscal years 1996 through 1998, and $600,000,000 for each of 
        fiscal years 1999 and 2000.''.
    (c) Site-Specific Water Quality Plans.--Subsection (f) of section 
319 (33 U.S.C. 1329(f)) is amended to read as follows:
    ``(f) Site-Specific Water Quality Plans.--
            ``(1) In general.--
                    ``(A) Site-specific water quality plans.--Each 
                source, including an agricultural source, that is 
                located in the watershed area of a water listed 
                pursuant to subsection (a)(1) may implement a site-
                specific water quality plan in lieu of implementing 
                management measures, as described in subsection (c).
                    ``(B) Each plan developed pursuant to this 
                subsection shall be approved by the appropriate 
                official of a Federal agency or State agency, as 
                specified in the plan developed under subsection (b). 
                With respect to agricultural sources that implement a 
                plan referred to in the preceding sentence, the 
                Secretary of Agriculture shall assist the States in the 
                development and implementation of the plans to the 
                fullest extent practicable.
            ``(2) Requirements for plan.--
                    ``(A) In general.--Each plan developed pursuant to 
                this subsection shall--
                            ``(i) provide for the implementation of 
                        management measures that are appropriate to the 
                        site, economically achievable by the owner or 
                        operator of the source, and will reduce water 
                        pollution;
                            ``(ii) recognize and incorporate 
                        appropriate management measures in place at the 
                        site at the time the plan is developed;
                            ``(iii) establish schedules for the 
                        implementation of management measures as 
                        expeditiously as practicable, but not later 
                        than 3 years after the date of initiation of 
                        the plan;
                            ``(iv) provide for a periodic assessment of 
                        the implementation of the plan and the effect 
                        of management measures; and
                            ``(v) terminate on the date that is 5 years 
                        after the date of initiation of the plan.
                    ``(B) Maintenance.--After an initial plan has been 
                prepared pursuant to this subsection, each subsequent 
                plan prepared pursuant to this subsection shall provide 
                for the maintenance of appropriate measures that have 
                been incorporated in a preceding plan, unless the 
                appropriate official determines that a measure is no 
                longer necessary to maintain water quality standards.
            ``(3) Handbook.--Not later than 18 months after the date of 
        enactment of this paragraph, and as appropriate thereafter, the 
        Administrator, in consultation with the Secretary of 
        Agriculture and the heads of other appropriate Federal agencies 
        and the States, shall publish a handbook to assist the 
        development of plans for agricultural sources pursuant to this 
        subsection.
            ``(4) Effect of conservation compliance plan.--
                    ``(A) In general.--Any agricultural source required 
                to have a plan prepared pursuant to this subsection 
                that has satisfied a conservation compliance plan 
                developed pursuant to subtitle B of title 12 of the 
                Food Security Act of 1985 (16 U.S.C. 3830 et seq.) 
                shall be deemed to satisfy the requirement of paragraph 
                (1) until the date specified in subsection (a)(3).
                    ``(B) Subsequent period.--After the date specified 
                in subsection (a)(3), a conservation compliance plan 
                that meets the applicable requirements of a 
                comprehensive watershed management plan developed under 
                section 321 shall be deemed to satisfy the requirements 
                of paragraph (1).''.
    (d) Federal Program Coordination.--
            (1) Agricultural cost-share programs.--
                    (A) Amendments to the soil conservation and 
                domestic allotment act.--
                            (i) Prevention of soil erosion.--The first 
                        sentence of section 7(a) of the Soil 
                        Conservation and Domestic Allotment Act (16 
                        U.S.C. 590g(a)) is amended by inserting ``, 
                        giving priority consideration to watersheds of 
                        waters identified pursuant to section 319(a) of 
                        the Federal Water Pollution Control Act (33 
                        U.S.C. 1329(a)'' before the period.
                            (ii) Priority for certain watersheds.--The 
                        fourth undesignated paragraph of section 8(b) 
                        of the Soil Conservation and Domestic Allotment 
                        Act (16 U.S.C. 590h(b)) is amended by inserting 
                        before the comma at the end of subparagraph (D) 
                        the following: ``, giving priority 
                        consideration to watersheds of waters 
                        identified pursuant to section 319(a) of the 
                        Federal Water Pollution Control Act (33 U.S.C. 
                        1329(a))''.
                    (B) Agricultural water quality protection 
                program.--Section 1238C(a) of the Food Security Act of 
                1985 (16 U.S.C. 3838c(a)) is amended--
                            (i) in paragraph (7), by striking ``or'' at 
                        the end;
                            (ii) in paragraph (8), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new paragraph:
            ``(9) the watershed of a water identified pursuant to 
        section 319(a) of the Federal Water Pollution Control Act (33 
        U.S.C. 1329(a)).''.
                    (C) Environmental easement program.--Section 
                1239(b)(1) of the Food Security Act of 1985 (16 U.S.C. 
                3839(b)(1)) is amended--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(D) is located within the watershed of a water 
                identified pursuant to section 319(a) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1329(a)).''.
                    (D) Conservation priority areas.--Section 
                1231(f)(1) of the Food Security Act of 1985 (16 U.S.C. 
                3831(f)(1)) is amended by adding at the end the 
                following new sentence: ``The Secretary shall designate 
                watershed areas of waters identified pursuant to 
                section 319(a) of the Federal Water Pollution Control 
                Act (33 U.S.C. 1329(a)) as conservation priority 
                areas.''.
            (2) Conservation reserve program.--Section 319(k) (33 
        U.S.C. 1329(k)) is amended--
                    (A) by striking ``The Administrator shall 
                transmit'' and inserting the following:
            ``(1) In general.--The Administrator shall transmit''; and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(2) Agricultural program coordination.--
                    ``(A) In general.--The Administrator shall provide 
                technical assistance to the Secretary of Agriculture 
                with respect to utilizing the authorities of the 
                Secretary to reduce agricultural and related sources of 
                nonpoint source pollution in a manner consistent with 
                subtitle D of title XII of the Food Security Act of 
                1985 (16 U.S.C. 3830 et seq.).
                    ``(B) Identification of lands.--Not later than 1 
                year after the date of enactment of this paragraph, and 
                annually thereafter, the Administrator shall identify, 
                on the basis of the assessment reports submitted by the 
                States and approved by the Administrator under 
                subsection (a) (or developed by the Administrator for 
                the States pursuant to subsections (a), (d), and (e)) 
                and such other information as is available to the 
                Administrator, those lands that, if enrolled in the 
                conservation reserve program of the Department of 
                Agriculture, would contribute to the protection of the 
                environment by reducing nonpoint source pollution. If 
                appropriate, the lands identified may include lands 
                that are not erodible but that pose an off-farm 
                environmental threat, as determined pursuant to section 
                1231(c)(2) of the Food Security Act of 1985 (16 U.S.C. 
                3831(c)(2)).
                    ``(C) Provision of list to secretary of 
                agriculture.--The Administrator shall furnish the list 
                of the lands identified pursuant to subparagraph (B) to 
                the Secretary of Agriculture to assist the Secretary in 
                establishing priorities for expenditures under the 
                conservation reserve program and shall make the list 
                available to the States and to the public.
                    ``(D) Response to list.--Not later than 180 days 
                after receiving the list referred to in subparagraph 
                (C), the Secretary shall provide the Administrator with 
                a report that describes the actions the Secretary will 
                take to respond to the list. The Secretary shall 
                provide a detailed explanation of any recommendation of 
                the Administrator that the Secretary will not 
                implement.''.
            (3) Federal lands and highways.--Subsection (l) of section 
        319 (33 U.S.C. 1329(l)) is amended to read as follows:
    ``(l) Federal Lands and Highways.--
            ``(1) Federal lands.--
                    ``(A) In general.--The President shall direct the 
                heads of appropriate Federal agencies that own or 
                manage land to implement regulations that shall take 
                effect not later than the date of enactment of this 
                paragraph, to ensure the implementation of appropriate 
                measures to control nonpoint sources of water 
                pollution, including, at a minimum--
                            ``(i) management measures identified 
                        pursuant to subsection (c) for new sources; and
                            ``(ii) for a watershed area of a water 
                        identified pursuant to subsection (a), the 
                        implementation of management measures 
                        identified pursuant to subsection (c) or the 
                        implementation of a site-specific water quality 
                        plan pursuant to subsection (f).
                    ``(B) Schedules; effective date.--
                            ``(i) Schedules.--Each schedule for the 
                        development of management measures and site-
                        specific water quality plans, and each schedule 
                        for the implementation of the measures or 
                        plans, shall be consistent with any schedule 
                        established by a State under a program 
                        established by the State pursuant to subsection 
                        (b).
                            ``(ii) Effective date.--The requirements of 
                        this paragraph shall take effect on a date 
                        specified by the President, but not later than 
                        3 years after the date of enactment of this 
                        paragraph.
                    ``(C) Authorities.--Any license, permit, contract, 
                special use permit, lease, agreement, claim, or related 
                operational authority between a Federal agency and any 
                person authorizing activities on Federal lands in 
                effect on the day before the date specified in 
                subparagraph (B)(ii) may remain in effect for the term 
                of the authority or a period of 5 years (beginning on 
                the date specified in subparagraph (B)(ii)), whichever 
                is less.
                    ``(D) Statutory construction.--Nothing in this 
                paragraph is intended to limit or constrain the 
                authority of a State or the Administrator to require 
                the implementation of such additional controls over 
                nonpoint sources of pollution on Federal lands as may 
                be necessary to attain and maintain standards adopted 
                pursuant to section 303 or other requirements of this 
                Act.
            ``(2) Highway construction.--
                    ``(A) In general.--The Administrator, in 
                cooperation with the Secretary of Transportation, shall 
                develop measures and practices to prevent water 
                pollution resulting from highway construction and 
                promote the implementation of the measures and 
                practices.
                    ``(B) Certain projects.--The guidelines developed 
                by the Secretary of Transportation pursuant to section 
                1057 of the Intermodal Surface Transportation 
                Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 
                2002) shall, at a minimum, require the implementation 
                of management measures specified under subsection (c) 
                in the case of any construction project funded in whole 
                or in part under title I of such Act. The Secretary 
                shall withhold funds for any project referred to in the 
                preceding sentence unless the Secretary determines that 
                the project will comply with the guidelines.''.
    (e) Animal Waste Management Facilities.--Section 319 (33 U.S.C. 
1329) is amended by adding at the end the following new subsection:
    ``(o) Animal Waste Management Facilities.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this paragraph, the Administrator, in consultation 
        with the Secretary of Agriculture, shall publish guidelines for 
        the design of animal waste management facilities. The 
        guidelines shall include--
                    ``(A) general standards concerning the proper 
                design of facilities;
                    ``(B) minimum elements of plans for construction of 
                facilities at a specific site;
                    ``(C) specifications concerning minimum 
                construction standards; and
                    ``(D) such other requirements and information as, 
                in the judgment of the Administrator, are necessary and 
                appropriate.
            ``(2) Plan.--Any person may submit to the Administrator (or 
        in the case of a State with a plan approved by the 
        Administrator under subsection (d), the State) a plan for the 
        construction of an animal waste management facility. Each plan 
        shall--
                    ``(A) be consistent with the guidelines developed 
                pursuant to paragraph (1) and subsection (c); and
                    ``(B) include an estimate of the total cost for the 
                construction of the facility.
            ``(3) Plan approval.--The Administrator, with the 
        concurrence of the Secretary of Agriculture, shall review and 
        approve or disapprove any plan for the construction of an 
        animal waste management facility submitted pursuant to this 
        subsection. Upon approval of a plan, the facility shall be 
        eligible for assistance under title VI.
            ``(4) Technical assistance.--The Secretary of Agriculture 
        may provide technical assistance to persons concerning the 
        design of animal waste management facilities. The assistance 
        may include the design of facilities to account for site-
        specific conditions and the integration of the facilities into 
        related agricultural activities.
            ``(5) Definition.--As used in this subsection, the term 
        `animal waste management facility' means a facility for the 
        storage, treatment, or disposal of animal waste.''.
    (f) Subsurface Sewage Disposal.--Section 319 (33 U.S.C. 1329), as 
amended by subsection (e), is further amended by adding at the end the 
following new subsection:
    ``(p) Subsurface Sewage Disposal.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator shall publish 
        guidelines for the design, operation, and management of 
        publicly owned subsurface sewage organizations.
            ``(2) Operation and management standards.--The guidelines 
        published pursuant to this subsection shall provide such 
        standards of operation and management as the Administrator 
        determines to be necessary to ensure that subsurface sewage 
        disposal units operated by an organization referred to in 
        paragraph (1) will provide treatment adequate to protect water 
        quality .
            ``(3) Contents of guidelines.--At a minimum, the guidelines 
        published pursuant to this subsection shall--
                    ``(A) specify standards for the design and location 
                of new subsurface sewage disposal systems;
                    ``(B) specify maintenance requirements and 
                schedules for existing systems (existing at the time of 
                publication of the guidelines);
                    ``(C) establish financial management and control 
                practices, including a requirement for a user charge 
                sufficient to ensure the effective operation of each 
                system;
                    ``(D) require appropriate provision for management 
                or disposal of waste material for systems; and
                    ``(E) address such other matters as the 
                Administrator determines to be appropriate.
            ``(4) Plan.--Beginning on the date that is 2 years after 
        the date of enactment of this subsection, any person may submit 
        to the Administrator (or in the case of a State with a plan 
        approved under subsection (d), the State) a plan for the 
        establishment of a subsurface sewage disposal organization 
        pursuant to this subsection.
            ``(5) Approval of plan.--The Administrator, with the 
        concurrence of the State, shall approve the plan if the 
        Administrator determines that the plan meets the requirements 
        of this subsection. Upon approval of the plan, the organization 
        shall be eligible for assistance pursuant to title VI.''.
    (g) State Water Law.--Section 319 (33 U.S.C. 1329), as amended by 
subsection (f), is further amended by adding at the end the following 
new subsection:
    ``(q) State Water Law.--Nothing in this section is intended to 
supersede, abrogate, or otherwise impair the right of any State to 
allocate quantity of water within the State.''.

                 TITLE IV--MUNICIPAL POLLUTION CONTROL

SEC. 401. COMBINED SEWER OVERFLOWS.

    Section 402 (33 U.S.C. 1342), as amended by section 205(b), is 
further amended by adding at the end the following new subsection:
    ``(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 published by the Administrator at 58 Fed. Reg. 
        4994 (January 19, 1993).
            ``(2) Term of permit.--Notwithstanding any compliance 
        schedule under section 301(b), or any permit limitation under 
        section 402(b)(1)(B), the Administrator 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. 
        Notwithstanding the compliance deadline specified in the 
        preceding sentence, the Administrator may, on request of an 
        owner or operator of a combined storm and sanitary sewer, 
        extend the period of compliance beyond the date specified if 
        the Administrator determines that compliance by the date is not 
        within the economic capability of the owner or operator, or if 
        the Administrator determines that an extension is otherwise 
        appropriate.
            ``(3) Bacteria.--A permitting authority may not issue a 
        permit under paragraph (2) unless, after the date of enactment 
        of this subsection--
                    ``(A) the Administrator has reviewed and approved 
                the water quality standards for bacteria adopted by the 
                State in which the discharger is located; or
                    ``(B) the criteria are published in the water 
                quality criteria for bacteria published by the 
                Administrator as described in 51 Fed. Reg. 8012 (March 
                7, 1986).''.

SEC. 402. STORMWATER MANAGEMENT.

    Section 402(p) (33 U.S.C. 1342(p)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (1);
            (3) in paragraph (1) (as so redesignated)--
                    (A) by striking the matter preceding subparagraph 
                (A) and inserting the following:
            ``(1) In general.--A permit issued under this section shall 
        be required for each of the following discharges composed 
        entirely of stormwater:''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(F) A discharge from a municipal separate storm 
                sewer system serving a population of fewer than 100,000 
                individuals covered by a permit issued under 
                subparagraph (C) or (D) that is located in an urbanized 
                area (as designated by the Bureau of the Census of the 
                Department of Commerce), except that the requirements 
                of this subparagraph shall apply beginning on the date 
                of the first reissuance of a permit for a discharge 
                under subparagraph (C) or (D) for the same urbanized 
                area that occurs after the date that is 3 years after 
                the date of enactment of this subparagraph.'';
            (4) by inserting after paragraph (1) (as so redesignated) 
        the following new paragraph:
            ``(2) Other stormwater discharges.--Except as provided in 
        paragraph (1)(E), the Administrator (or the State, in the case 
        of a State with the authority to issue permits under this 
        section) may not require a permit under this section for a 
        discharge composed entirely of stormwater if--
                    ``(A) the discharge is from a municipal separate 
                storm sewer system serving a population of fewer than 
                100,000 individuals that is not located in an urbanized 
                area (as designated by the Bureau of the Census of the 
                Department of Commerce) covered by a permit issued 
                under subparagraph (C) or (D) of paragraph (1);
                    ``(B) the discharge is from a construction activity 
                that disturbs an area of less than 5 acres, except that 
                a discharge from a construction activity that disturbs 
                an area of greater than 1 acre and less than 5 acres in 
                an urbanized area (as designated by the Bureau of the 
                Census of the Department of Commerce) subject to permit 
                requirements under subparagraph (C), (D), or (F) of 
                paragraph (1) shall be required to have a permit if a 
                State or local stormwater management program does not 
                impose controls on the discharge; or
                    ``(C) the discharge is from a gasoline station, 
                except that a discharge from a gasoline station in an 
                urbanized area (as designated by the Bureau of the 
                Census of the Department of Commerce) subject to permit 
                requirements under subparagraph (C), (D), or (F) of 
                paragraph (1) shall be required to have a permit if a 
                State or local stormwater management program does not 
                impose controls on the discharge.'';
            (5) in paragraph (3), by adding at the end the following 
        new subparagraph:
                    ``(C) Maximum extent practicable defined.--
                            ``(i) In general.--For the purposes of 
                        subparagraph (B)(iii) and permits issued not 
                        later than 2 years after the date of enactment 
                        of this subparagraph, the term `maximum extent 
                        practicable' means applying management 
                        measures, as defined in section 6217(g)(5) of 
                        the Coastal Zone Act Reauthorization Amendments 
                        of 1990 (16 U.S.C. 1455b(g)(5)), in the manner 
                        prescribed in guidance issued pursuant to such 
                        section.
                            ``(ii) Expanded definition.--For the 
                        purposes specified in clause (i), after the 
                        date that is 2 years after the date of 
                        enactment of this subparagraph, the term 
                        `maximum extent practicable' has the meaning 
                        provided in clause (i), except that the term 
                        also includes applying other appropriate 
                        management measures in a manner prescribed by 
                        the Administrator in guidance. The 
                        Administrator shall issue the guidance not 
                        later than 2 years after the date of enactment 
                        of this subparagraph.'';
            (6) in paragraph (4), by striking ``(2)'' each place it 
        appears and inserting ``(1)''; and
            (7) by striking paragraphs (5) and (6) and inserting the 
        following new paragraphs:
            ``(5) Monitoring and reporting requirements.--Each 
        municipality subject to the requirements of this subsection 
        shall be subject to--
                    ``(A) monitoring requirements for the quality of 
                receiving waters; and
                    ``(B) reporting requirements for the implementation 
                of management measures.
            ``(6) Revised municipal permits.--
                    ``(A) In general.--Not later than 5 years after the 
                initial date of issuance of a permit under paragraph 
                (4), the Administrator (or the State, in the case of a 
                State with the authority to issue permits under this 
                section) shall review each permit issued under such 
                paragraph and include in each reissued permit 
                management measures that ensure the attainment and 
                maintenance of water quality standards and the 
                requirements of the guidance referred to in paragraph 
                (3)(C).
                    ``(B) Waiver.--With respect to a permit issued 
                under this paragraph, during the term of the permit, 
                the Administrator may not require compliance with a 
                numeric effluent limitation or a water quality 
                standard.
            ``(7) Delayed compliance.--During the 10-year period 
        beginning on the date of enactment of this paragraph, the 
        Administrator (or the State, in the case of a State with the 
        authority to issue permits under this section) may not require, 
        in a permit issued under this subsection, compliance with a 
        numeric effluent limitation or a water quality standard 
        directly, except as reflected in management measures required 
        under paragraph (6)(A).
            ``(8) National source controls.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) identify and assess the relative 
                        degree of contribution of pollutants to 
                        stormwater from various sources (including 
                        household products, motor vehicles, and other 
                        sources); and
                            ``(ii) assess the availability and cost of 
                        alternatives and substitutes for the pollutants 
                        identified pursuant to clause (i).
                    ``(B) Substitutions or reductions.--In any case in 
                which the Administrator determines that--
                            ``(i) a pollutant found in stormwater 
                        causes or contributes to a significant 
                        impairment in water quality or a significant 
                        violation of water quality standards as a 
                        result of a discharge of the pollutant in 
                        stormwater; and
                            ``(ii) a reasonably available and 
                        economically achievable alternative or 
                        substitute to the pollutant, or the source 
                        associated with the pollutant, is available,
                the Administrator may, by regulation, require each 
                manufacturer of the pollutant or source of the 
                pollutant to implement a phased substitution or 
                reduction in the manufacture of the pollutant or source 
                in accordance with a schedule that takes into account 
                the cost of the substitution or reduction.
                    ``(C) Report.--Not later than 2 years after the 
                date of enactment of this paragraph, and biennially 
                thereafter, the Administrator shall submit a report to 
                Congress that describes the implementation of this 
                paragraph.''.

SEC. 403. WATER CONSERVATION.

    Section 113 (33 U.S.C. 1263) is amended to read as follows:

``SEC. 113. WATER CONSERVATION.

    ``(a) Intergovernmental Coordination.--
            ``(1) In general.--The Environmental Protection Agency 
        shall be the primary coordinator for all policies of the 
        Federal Government related to municipal, commercial, 
        residential, and industrial water conservation.
            ``(2) Consultation with agency heads.--To carry out this 
        section, the Secretary of the Army, acting through the Chief of 
        Engineers of the Army Corps of Engineers, shall, to the 
        greatest extent practicable, consult with the heads of other 
        Federal agencies that participate in water resource planning, 
        development, and management.
            ``(3) Consultation with other officials.--To carry out this 
        section, the Secretary of the Army, acting through the Chief of 
        Engineers of the Army Corps of Engineers, shall, to the 
        greatest extent practicable, consult with appropriate officials 
        of State and local governments, educational institutions, trade 
        associations, scientific organizations, businesses, and other 
        organizations with expertise and experience with respect to 
        water conservation.
    ``(b) Technical Assistance to States and Municipalities.--
            ``(1) In general.--The Secretary of the Army, acting 
        through the Chief of Engineers of the Army Corps of Engineers, 
        acting alone or through a contracting party, is authorized to 
        provide technical assistance to States, public and private 
        water utilities, local governmental entities, and other 
        appropriate public agencies and authorities with respect to--
                    ``(A) conducting a promotional and educational 
                campaign to encourage consumers to use water more 
                efficiently;
                    ``(B) implementing financial or other incentives 
                for users of water to conserve water, including 
                universal metering of water users and the reform of 
                water rates to promote conservation;
                    ``(C) detecting and correcting leaks in water 
                distribution and collection systems;
                    ``(D) promoting, distributing, and installing 
                water-saving technologies, fixtures, or equipment for 
                users of water;
                    ``(E) incorporating water-saving technologies into 
                building codes and standards;
                    ``(F) establishing coordinated regional management 
                of water and sewer systems;
                    ``(G) auditing water use;
                    ``(H) reclaiming, recycling, and reusing 
                wastewater;
                    ``(I) promoting water-efficient vegetative cover 
                and landscaping; and
                    ``(J) otherwise achieving beneficial reductions in 
                water use or water loss.
            ``(2) Duties of the secretary of the army.--
                    ``(A) In general.--The Secretary of the Army, 
                acting through the Chief of Engineers of the Army Corps 
                of Engineers, shall, on a regular basis, make available 
                information to potential recipients of the assistance 
                referred to in paragraph (1) concerning the programs, 
                offerings, and activities of Federal agencies with 
                respect to water conservation.
                    ``(B) Consultation.--In order to better target 
                limited resources to potential recipients, the 
                Secretary of the Army, acting through the Chief of 
                Engineers of the Army Corps of Engineers, shall 
                consult, on a regular basis, with the heads of other 
                Federal water resources development agencies to 
                determine which States, areas, water utilities, and 
                municipalities are experiencing water capacity 
                shortfalls or will likely experience the shortfalls.
            ``(3) Model water conservation programs.--The Secretary of 
        the Army, acting through the Chief of Engineers of the Army 
        Corps of Engineers, shall develop, update, maintain, and 
        disseminate a series of model water conservation programs for 
        States, water utilities, and municipalities.
            ``(4) Requests for study.--
                    ``(A) In general.--Any water utility or 
                municipality may request the Secretary of the Army, 
                acting through the Chief of Engineers of the Army Corps 
                of Engineers, to--
                            ``(i) undertake a study of the feasibility, 
                        impacts, costs, and benefits of then current 
                        and potential water conservation activities; 
                        and
                            ``(ii) recommend actions for beneficial 
                        reductions in water use or loss.
                    ``(B) Priorities.--The Secretary of the Army, 
                acting through the Chief of Engineers of the Army Corps 
                of Engineers, shall give priority to the water 
                conservation studies referred to in subparagraph (A) on 
                the basis of the potential for--
                            ``(i) protection of the environment; and
                            ``(ii) reducing costs to Federal, State, 
                        and local governments for water supply and 
                        wastewater treatment facilities.
                    ``(C) Amount of assistance.--The amount of Federal 
                funds for a water conservation study under this 
                subsection of any State, water utility, or municipality 
                serving more than 5,000 individuals shall be not less 
                than 50 percent of the cost of the study. The Secretary 
                of the Army, acting through the Chief of Engineers of 
                the Army Corps of Engineers, may waive the 50 percent 
                matching requirement for a water utility or 
                municipality that serves a population of fewer than 
                5,000 individuals.
            ``(5) Reviews.--
                    ``(A) In general.--The Secretary of the Army, 
                acting through the Chief of Engineers of the Army Corps 
                of Engineers, shall collect information concerning 
                water conservation projects, including projects 
                assisted under paragraph (4), and make the information 
                widely available to the public in a timely manner.
                    ``(B) Requirements for reviews.--The reviews 
                shall--
                            ``(i) evaluate the effectiveness of various 
                        water conservation measures; and
                            ``(ii) provide information to assist the 
                        Secretary in providing technical assistance.
    ``(c) Technical Assistance to Businesses and Institutions.--The 
Secretary of the Army, acting through the Chief of Engineers of the 
Army Corps of Engineers, may provide assistance that is comparable to 
the assistance provided under subsection (b) to businesses and other 
persons. The Federal cost of the assistance shall be fully reimbursed 
by the recipient of the assistance.
    ``(d) National Clearinghouse on Water Conservation.--
            ``(1) In general.--The Administrator shall establish a 
        national clearinghouse on water conservation (referred to in 
        this subsection as the `clearinghouse') to--
                    ``(A) collect, analyze, and disseminate information 
                on water conservation technologies and practices; and
                    ``(B) promote the widespread adoption of the 
                technologies and practices referred to in subparagraph 
                (A) by public and private water utilities, and 
                commercial, industrial, and residential consumers.
            ``(2) Requirements for information.--The information 
        referred to in paragraph (1) shall include information referred 
        to in, and information obtained under, subsections (b) and (c).
            ``(3) Collection of information.--The clearinghouse shall 
        collect reliable water conservation information. On request, 
        the Administrator shall provide the information to Federal 
        agencies, States, local governments, other appropriate public 
        agencies and authorities, nonprofit institutions and 
        organizations, businesses and industries, researchers, private 
        individuals, and other persons and entities in a position to 
        derive or increase the public benefits offered by the 
        technologies, methods, and practices related to water 
        conservation described in this subsection.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section an amount not to exceed 
$10,000,000 for each of fiscal years 1994 through 2000, of which not 
less than $500,000 for each fiscal year are authorized to be 
appropriated to the Environmental Protection Agency to carry out 
subsection (d).''.

                TITLE V--PERMIT PROGRAM AND ENFORCEMENT

SEC. 501. PERMIT FEES.

    (a) In General.--Section 402 (33 U.S.C. 1342), as amended by 
section 401, is further amended by adding at the end the following new 
subsection:
    ``(s) Permit Fees.--
            ``(1) In general.--
                    ``(A) Modification.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of this subsection, 
                        or the applicable date specified in clause 
                        (ii), the Governor of each State that 
                        administers a permit program under subsection 
                        (b) shall submit to the Administrator, for 
                        approval, a modification of the permit program 
                        of the State that includes a requirement under 
                        State law that--
                                    ``(I) the owner or operator of 
                                certain point sources (as determined by 
                                the State) subject to the requirement 
                                to obtain a permit under this section 
                                or a permit for the disposal of sewage 
                                sludge under section 405; and
                                    ``(II) an industrial user of a 
                                publicly owned treatment works subject 
                                to a Federal or State permit, or 
                                equivalent individual control 
                                mechanism, concerning the pretreatment 
                                of toxic or nonconventional pollutants 
                                for introduction into the treatment 
                                works,
                        pay an annual fee (or the equivalent, over 
                        another specified period of time).
                            ``(ii) Extension.--If a State has a 
                        legislature that is not scheduled to meet in a 
                        legislative session in which legislation to 
                        carry out this subparagraph may be enacted by 
                        the date specified in clause (i), the State 
                        shall carry out the requirements of clause (i) 
                        not later than the date of adjournment of the 
                        first regular legislative session of a State in 
                        which legislation to carry out this subsection 
                        may be considered.
                    ``(B) Accumulated amount of fees.--The total amount 
                collected as fees for any year in a State shall be a 
                sufficient amount to cover not less than 60 percent of 
                the costs of developing and administering point source 
                elements of the water quality program, and the costs of 
                developing and administering sewage sludge disposal and 
                pretreatment programs, of the State, including the 
                costs of--
                            ``(i) reviewing and acting upon 
                        applications for permits;
                            ``(ii) implementing and enforcing the terms 
                        and conditions of permits or equivalent 
                        individual control mechanisms (excluding any 
                        court costs);
                            ``(iii) effluent and ambient water quality 
                        monitoring;
                            ``(iv) preparing generally applicable 
                        regulations or guidance, including water 
                        quality standards;
                            ``(v) modeling, planning, analyses, and 
                        demonstrations;
                            ``(vi) preparing and maintaining public 
                        information systems concerning effluent 
                        limitations, discharges, compliance, and water 
                        quality; and
                            ``(vii) evaluating the performance of 
                        laboratories that analyze monitoring samples 
                        (including laboratory inspections, laboratory 
                        audits, and quality assurance).
            ``(2) Use of fees.--
                    ``(A) In general.--Each fee required to be 
                collected by a State under this subsection shall be 
                used only to support the water quality programs of the 
                State.
                    ``(B) Restriction on use.--Except as provided in 
                subparagraph (C), the fees collected pursuant to this 
                subsection may not be used to provide State matching 
                funds for Federal funds made available to the State 
                pursuant to section 106.
                    ``(C) Use for matching funds.--A State may use any 
                amount collected by the State as fees pursuant to this 
                subsection in excess of the minimum amount specified in 
                paragraph (1)(B) to provide matching funds for Federal 
                funds made available to the State pursuant to section 
                106.
            ``(3) Federal fee program.--
                    ``(A) Federal program of fee assessment.--Not later 
                than 3 years after the date of enactment of this 
                subsection, the Administrator shall establish a Federal 
                program for the collection of fees under this 
                subsection.
                    ``(B) Conditions that require implementation of 
                federal program.--If the Administrator, upon review of 
                the permit modifications submitted by a State pursuant 
                to paragraph (1), or upon conducting a subsequent 
                review pursuant to subparagraph (C), determines that--
                            ``(i) the fee provisions under the modified 
                        permit program submitted by a State to the 
                        Administrator for approval pursuant to 
                        paragraph (1) do not meet the requirements of 
                        this subsection;
                            ``(ii) a State is not adequately 
                        administering or enforcing a fee system 
                        referred to in paragraph (1) that has been 
                        approved by the Administrator; or
                            ``(iii) a State does not have the authority 
                        to administer a permit program pursuant to 
                        subsection (b),
                the Administrator shall, not later than 3 years after 
                the date of enactment of this subsection, or with 
                respect to a finding described in clause (ii) not later 
                than 180 days after making the finding, assess and 
                collect fees from sources referred to in paragraph (1) 
                pursuant to the program referred to in subparagraph 
                (A).
                    ``(C) Review by administrator.--The Administrator 
                may, at any time after approving the modifications of 
                the permit program of a State under paragraph (1), 
                review the fees assessed by the State pursuant to the 
                modifications. The Administrator shall review the fees 
                assessed by the State not later than 5 years after the 
                date of approval of the modifications, and not less 
                frequently than every 5 years thereafter.
                    ``(D) Subsequent establishment of state program.--
                At any time after the Administrator implements a 
                program to assess fees pursuant to subparagraph (A), if 
                the Administrator determines that a State program to 
                assess fees meets the requirements of this subsection 
                and the State has adequate authority to assess the 
                fees, the Administrator may approve the State program 
                and terminate the application of the Federal program to 
                the State.
                    ``(E) Federal water pollution control permit 
                fund.--
                            ``(i) Establishment.--There is established 
                        in the United States Treasury a Federal Water 
                        Pollution Control Permit Fund (referred to in 
                        this subparagraph as the `Fund').
                            ``(ii) Source and use.--All fees collected 
                        by the Administrator (plus any amount of 
                        interest and penalty collected by the 
                        Administrator pursuant to section 309(g)) and 
                        any interest earned from the investment of the 
                        Fund shall be deposited in the Fund, and shall 
                        be available, without fiscal limitation, to 
                        carry out the activities for which the fees are 
                        collected (as described in paragraph (1)(B)).
                            ``(iii) Investment of fund.--It shall be 
                        the duty of the Secretary of the Treasury to 
                        invest such portion of the Fund as the 
                        Secretary determines is not required to meet 
                        the then current withdrawals of the Fund. The 
                        investment may be made only in interest-bearing 
                        obligations of the United States or in 
                        obligations guaranteed as to both principal and 
                        interest by the United States. For the purpose 
                        referred to in the preceding sentence, the 
                        obligations may be acquired--
                                    ``(I) on original issue at the 
                                issue price; or
                                    ``(II) by purchase of outstanding 
                                obligations at the market price.
                            ``(iv) Payments from fund.--The Secretary 
                        of the Treasury is authorized and directed to 
                        pay out of any funds available in the Fund any 
                        expenses incurred by the Federal Government in 
                        carrying out the activities specified in clause 
                        (ii). None of the funds deposited into the Fund 
                        shall be available for any purpose other than 
                        making payments authorized under the preceding 
                        sentence.''.
    (b) Penalties.--Section 309(g) (33 U.S.C. 1319(g)) is amended by 
adding at the end the following new paragraph:
            ``(12) Other penalties.--Any point source that fails to pay 
        a fee lawfully imposed by the Administrator under section 
        402(s) shall be liable to the United States for payment of an 
        amount equal to the sum of--
                    ``(A) the amount of the fee;
                    ``(B) a penalty in an amount equal to 50 percent of 
                the amount of the fee; and
                    ``(C) interest on the amount of the fee computed in 
                accordance with section 6621(a)(2) of the Internal 
                Revenue Code of 1986.''.

SEC. 502. PERMIT PROGRAM MODIFICATIONS.

    (a) Permit Management.--
            (1) In general.--Section 402(b) (33 U.S.C. 1342(b)) is 
        amended by adding at the end the following new paragraphs:
    ``(10) To ensure that, beginning on the date that is 1 year after 
the date of enactment of this paragraph, in the case of a new discharge 
into navigable waters resulting from the construction of a new 
facility, the applicant applies for a permit under this section prior 
to the commencement of construction of the facility.
    ``(11) To ensure that each person issued a permit under this 
section who has received assistance under section 201(g)(1) or section 
603(c)(1) is in compliance with the requirements of section 204(b).''.
            (2) System of charges.--The first sentence of section 
        204(b)(1) (33 U.S.C. 1284(b)(1)) is amended by striking ``the 
        Administrator shall not approve any grant for any treatment 
        works under section 201(g)(1) after March 1, 1973, unless he 
        shall first have determined that the applicant (A) has adopted 
        or will adopt'' and inserting ``the Administrator may not 
        approve a grant for any recipient of assistance under section 
        201(g)(1) or 603(c)(1)(A) unless the applicant (A) has adopted 
        or will adopt''.
    (b) Permit Revision and Renewal.--Section 402(b)(1)(C) (33 U.S.C. 
1342(b)(1)(C)) is amended--
            (1) in clause (iii), by adding ``and'' at the end; and
            (2) by adding at the end the following new clause:
                    ``(iv) the promulgation, after the date of issuance 
                of the permit, of any new or revised effluent guideline 
                or standard pursuant to section 303, or any applicable 
                regulation;''.
    (c) Federal Program Oversight.--Section 402(d) (33 U.S.C. 1342(d)) 
is amended--
            (1) in paragraph (4)--
                    (A) by striking ``on request of the State,'' and 
                all that follows through ``If'' and inserting ``and 
                if'';
                    (B) by striking ``within 30 days'' and all that 
                follows through ``of such objection'' and inserting 
                ``within 180 days after such objection''; and
                    (C) by adding at the end the following new 
                sentence: ``In any case in which the Administrator 
                exercises waiver authority, the Administrator shall 
                make reasonable efforts to periodically review the 
                waiver.''; and
            (2) by adding at the end the following new paragraphs:
    ``(5) In any case in which the appropriate official of a State 
permit program approved by the Administrator pursuant to subsection (b) 
fails, during the 180-day period beginning on the date of expiration of 
a permit for a discharge, to propose to reissue a permit for the 
discharge, the Administrator may issue a permit for the discharge.
    ``(6) The Administrator may, by regulation require that each permit 
issued be reviewed and revised to include an effluent limitation based 
on a new or revised effluent guideline or standard, or any other 
applicable regulation.''.
    (d) Judicial Review.--
            (1) In general.--Section 402(b)(3) (33 U.S.C. 1342(b)(3)) 
        is amended by striking the semicolon at the end and inserting 
        ``and an opportunity for judicial review of a final permit 
        action under this section in a State court by the applicant, 
        any person who participated in the public comment process, and 
        any other person who could obtain judicial review of the action 
        under any applicable law;''.
            (2) Sanction.--Section 402(d), as amended by subsection 
        (c)(2), is further amended by adding at the end the following 
        new paragraph:
    ``(7) If a State with a program approved under subsection (b) fails 
to modify a State program pursuant to the requirements of subsection 
(b)(3) by the date that is 3 years after the date of enactment of this 
paragraph, the Administrator shall withhold an amount equal to 10 
percent of the amount that would otherwise be allotted to the State 
under section 106 for the fiscal year that begins after the decision of 
the Administrator to withhold the amount.''.
    (e) Biological Assessment.--
            (1) In general.--Subsection (e) of section 402 (33 U.S.C. 
        1342(e)) is amended to read as follows:
    ``(e)(1)(A) The Administrator may, in cooperation with the Governor 
of a State and in cooperation with the heads of the United States Fish 
and Wildlife Service of the Department of the Interior and the National 
Marine Fisheries Service of the Department of Commerce, identify 
sensitive aquatic systems in the State that support valuable biological 
resources, including threatened or endangered species.
    ``(B) The Administrator shall publish a description of the areas 
identified pursuant to subparagraph (A) in the Federal Register.
    ``(2) Beginning on the date that is 1 year after the date of 
enactment of this paragraph, before a final permit under this section 
may be issued for a discharge to waters identified pursuant to 
paragraph (1), the head of--
            ``(A) the United States Fish and Wildlife Service of the 
        Department of the Interior; or
            ``(B) the National Marine Fisheries Service of the 
        Department of Commerce,
whichever is appropriate, shall be required to review and comment on a 
draft permit prepared pursuant to this subsection not later than 30 
days after receipt of the draft permit. The Administrator shall 
promulgate such regulations as are necessary to carry out this 
paragraph.''.
            (2) Biological discharge criteria.--Section 403 (33 U.S.C. 
        1343) is amended--
                    (A) by striking the section heading and inserting 
                the following new heading:

                   ``biological discharge criteria'';

                    (B) by striking subsection (a) and inserting the 
                following new subsection:
    ``(a) No permit shall be issued under section 402 for a discharge 
into the territorial sea, the waters of the contiguous zone, the 
oceans, or any waters identified pursuant to section 402(e)(1)(A) if, 
on the basis of an assessment of the criteria referred to in subsection 
(c), the discharge can reasonably be expected to prevent the protection 
and propagation of a balanced population of shellfish, fish, and 
wildlife.''; and
                    (C) in subsection (c)(1)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``Act (and from 
                                time to time promulgate)'' and 
                                inserting the following: ``the Water 
                                Pollution Prevention and Control Act of 
                                1993, and biennially thereafter, 
                                publish''; and
                                    (II) by striking ``and the 
                                oceans,'' and inserting the following: 
                                ``the oceans, or any waters identified 
                                pursuant to section 402(e)(1)(A),'';
                            (ii) in subparagraph (B), by striking 
                        ``marine'' and inserting ``aquatic''; and
                            (iii) in subparagraph (G), by inserting 
                        ``or other waters'' after ``oceans''.
    (f) Permit Application Requirements.--Section 402(a) (33 U.S.C. 
1342(a)) is amended by adding at the end the following new paragraph:
            ``(6) Not later than 2 years after the date of enactment of 
        this paragraph, the Administrator shall promulgate regulations 
        to update the application for a permit under this section for 
        municipal and industrial dischargers to require the applicant 
        to more fully characterize the nature of the discharge of 
        effluent and the contributions of the effluent to receiving 
        waters.''.
    (g) Waterbody and Effluent Assessment.--
            (1) Biological monitoring methods.--Section 304(a)(8) (33 
        U.S.C. 1314(a)(8)) is amended by adding at the end the 
        following new sentence: ``Not later than 3 years after the date 
        of enactment of the Water Pollution Prevention and Control Act 
        of 1993, the Administrator shall publish regulations that 
        establish biological monitoring methods, practices, and 
        protocols, including measurements suitable for establishing the 
        biological condition of waterbodies.''.
            (2) Whole effluent toxicity.--Section 402(a)(2) (33 U.S.C. 
        1342(a)(2)) is amended--
                    (A) by inserting ``(A)'' before ``The 
                Administrator''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) Not later than 2 years after the date of enactment of this 
subparagraph, the Administrator shall publish regulations that provide 
for--
            ``(i) the establishment of a quantitative basis for 
        determining acute and chronic whole effluent toxicity; and
            ``(ii) the inclusion of numerical effluent limitations for 
        whole effluent toxicity in a permit for any discharge that the 
        Administrator determines is likely to exhibit toxicity.''.
    (h) Innovative Production Processes and Technology.--Subsection (k) 
of section 301 (33 U.S.C. 1311(k)) is amended to read as follows:
    ``(k) Innovative Production Processes and Technology.--
            ``(1) In general.--The Administrator (or the State, in the 
        case of a State with the authority to issue permits under 
        section 402) may, with the consent of the State in which a 
        source is located and after notice and opportunity for comment, 
        temporarily waive any permit limitation applicable to a point 
        source that is in a permit issued under section 402 and that 
        has been established pursuant to subparagraph (A) or (E) of 
        subsection (b)(2) for the purpose of encouraging the 
        development and testing of an innovative production process or 
        pollution control technology that will--
                    ``(A) result in an effluent reduction significantly 
                greater than that required by the limitation otherwise 
                applicable;
                    ``(B) promote the national goal of eliminating the 
                discharge of all pollutants; or
                    ``(C) result in significantly lower costs than 
                processes and technologies that the Administrator has 
                determined to be the best economically achievable for 
                the source.
            ``(2) Waiver.--A waiver referred to in paragraph (1) shall 
        include alternative limitations applicable during the temporary 
        waiver period that--
                    ``(A) ensure that water quality standards 
                applicable to the waters receiving any discharge from 
                the source are not exceeded; and
                    ``(B) provide for the protection of human health 
                and the environment.
            ``(3) Requirements for waiver.--The Administrator may only 
        grant a waiver under this subsection if the Administrator finds 
        that--
                    ``(A) the innovative process or technology that is 
                the subject of the waiver has not been adequately 
                demonstrated;
                    ``(B) the innovative process or technology has not 
                previously failed to operate effectively or to meet any 
                limitation otherwise applicable; and
                    ``(C) the owner of the source will conduct such 
                tests and monitoring during the period of the waiver as 
                are necessary to ensure that the alternative 
                limitations established pursuant to paragraph (2) are 
                not exceeded.
            ``(4) Period of waiver.--
                    ``(A) In general.--The period of the waiver shall 
                not exceed the period necessary to determine whether 
                the innovative process or technology would, in 
                commercial operation, meet the limitations referred to 
                in paragraph (1) that would otherwise apply to the 
                source that is the subject of the waiver. The period 
                may not exceed 90 days, unless the Administrator 
                extends the period for an additional 90-day period.
                    ``(B) Termination.--The Administrator or the State 
                in which the source is located may at any time 
                terminate the waiver granted under this subsection, if 
                the Administrator or the State determines that the 
                innovative process or technology--
                            ``(i) has failed to achieve an effluent 
                        reduction at least equivalent to the reduction 
                        required by a limitation referred to in 
                        paragraph (1) that would otherwise apply; or
                            ``(ii) has exceeded any limitation in the 
                        waiver established pursuant to paragraph (2).
            ``(5) Number of waivers.--The number of waivers granted 
        under this subsection for a specific production process or 
        pollution control technology may not exceed the number 
        necessary to demonstrate the effectiveness of the process or 
        technology in meeting the objectives specified in paragraph 
        (1). No waiver granted under this section shall apply to any 
        limitation in a permit that is not directly related to the 
        operation and testing of the innovative process or 
        technology.''.

SEC. 503. ENFORCEMENT.

    (a) Citizen Enforcement.--Section 505 (33 U.S.C. 1365) is amended--
            (1) in subsection (a)(1), by inserting ``to have violated 
        (if there is evidence that the alleged violation has been 
        repeated) or'' before ``to be in violation'';
            (2) in subsection (b)(1)(A), by inserting ``or has 
        occurred,'' after ``occurs,'';
            (3) in subsection (f)(6), by inserting ``, or has been in 
        effect,'' after ``in effect''; and
            (4) in subsection (g), by striking ``is'' and inserting 
        ``has been, is,''.
    (b) Penalties and Compensation.--
            (1) Beneficial use.--
                    (A) Civil penalties.--Section 309(d) (33 U.S.C. 
                1319(d)) is amended--
                            (i) by striking ``(d) Any person'' and 
                        inserting the following:
    ``(d) Civil Penalties.--
            ``(1) In general.--Any person''; and
                            (ii) by adding at the end the following new 
                        paragraph:
            ``(2) Beneficial use.--Notwithstanding any other provision 
        of law (including subchapter III of chapter 7 of title 31, 
        United States Code, and chapter 128 of title 28, United States 
        Code), each district court may order that all or a portion of a 
        civil penalty referred to in paragraph (1) be used for a 
        beneficial project to enhance public health or the environment 
        by restoring or otherwise improving, in a manner consistent 
        with this Act, the water quality, wildlife, or habitat of the 
        waterbody in which the violation occurred.''.
                    (B) Citizens suits.--Section 505(a) (33 U.S.C. 
                1365(a)) is amended by adding at the end the following 
                new sentences: ``Notwithstanding any other provision of 
                law (including subchapter III of chapter 7 of title 31, 
                United States Code, and chapter 123 of title 28, United 
                States Code), each district court may order that, in 
                any action under this subsection to apply a civil 
                penalty, all or a portion of the civil penalty be used 
                for a beneficial project to enhance public health or 
                the environment by restoring or otherwise improving, in 
                a manner consistent with this Act, the water quality, 
                wildlife, or habitat of the waterbody in which the 
                violation occurred.''.
                    (C) Criminal fines.--Section 309(c) (33 U.S.C. 
                1319(c)) is amended by adding at the end the following 
                new paragraph:
            ``(8) Beneficial use.--Notwithstanding any other provision 
        of law (including subchapter III of chapter 7 of title 31, 
        United States Code, and chapter 123 of title 28, United States 
        Code) each court that imposes a fine pursuant to this 
        subsection may order that all or a portion of the fine be used 
        for a beneficial project to enhance public health or the 
        environment by restoring or otherwise improving, in a manner 
        consistent with this Act, the water quality, wildlife, or the 
        habitat of the waterbody in which the violation occurred.''.
            (2) Restoration of damaged natural resources.--
                    (A) In general.--Section 309(b) (33 U.S.C. 1319(b)) 
                is amended--
                            (i) in the second sentence, by inserting, 
                        ``, to order the defendant to take such other 
                        action as may be necessary, including the 
                        restoration of natural resources damaged or 
                        destroyed as a result of the violation,'' after 
                        ``such violation''; and
                            (ii) by inserting after the second sentence 
                        the following new sentence: ``The maximum cost 
                        of any restoration under the preceding sentence 
                        that a responsible person may be obligated to 
                        pay to carry out the order may not exceed the 
                        maximum amount of a civil penalty that may be 
                        assessed against the responsible person in a 
                        civil action commenced pursuant to this 
                        subsection.''.
                    (B) Citizens suits.--Section 505(a) (33 U.S.C. 
                1365(a)), as amended by paragraph (1)(B), is further 
                amended--
                            (i) in the second sentence, by inserting 
                        ``or to order any responsible person to take 
                        such other action as may be necessary, 
                        including the restoration of natural resources 
                        damaged or destroyed as a result of the 
                        violation,'' after ``as the case may be,''; and
                            (ii) by inserting after the second sentence 
                        the following new sentence: ``The maximum cost 
                        of any restoration under the preceding sentence 
                        that a responsible person may be obligated to 
                        pay to carry out the order may not exceed the 
                        maximum amount of a civil penalty that may be 
                        assessed against the responsible person in a 
                        civil action commenced pursuant to this 
                        subsection.''.
            (3) Pretreatment requirements.--
                    (A) In general.--Section 505(f)(4) (33 U.S.C. 
                1365(f)(4)) is amended by inserting ``, pretreatment 
                requirement,'' after ``effluent standard''.
                    (B) State enforcement.--Section 309(a)(1) (33 
                U.S.C. 1319(a)(1)) is amended by inserting ``any 
                requirement imposed under a pretreatment program 
                approved under subsection (a)(3) or (b)(8) of section 
                402, or any local limit imposed under section 
                402(b)(9),'' after ``under section 402 or 404 of this 
                Act,''.
                    (C) Enforcement by the administrator.--Section 
                309(a)(3) (33 U.S.C. 1319(a)(3)) is amended by 
                inserting ``or any requirement imposed under a 
                pretreatment program approved under subsection (a)(3) 
                or (b)(8) of section 402 or any local limit imposed 
                under section 402(b)(9),'' after ``section 404 of this 
                Act by a State,''.
                    (D) Administrative penalties.--Section 309(g)(1)(A) 
                (33 U.S.C. 1319(g)(1)(A)) is amended by inserting ``or 
                any requirement imposed under a pretreatment program 
                approved under subsection (a)(3) or (b)(8) of section 
                402 or any local limit imposed under section 
                402(b)(9),'' after ``section 404 by a State,''.
                    (E) Notice to publicly owned treatment works of 
                notification.--The first sentence of section 309(a)(4) 
                (33 U.S.C. 1319(a)(4)) is amended by striking ``and 
                other affected States'' and inserting ``, other 
                affected States, and any publicly owned treatment works 
                receiving wastewater from the violation''.
            (4) Field citation program.--Section 309(g), as amended by 
        section 501(b), (33 U.S.C. 1319(g)) is further amended--
                    (A) by redesignating paragraphs (7) through (12) as 
                paragraphs (8) through (13), respectively; and
                    (B) by inserting after paragraph (6) the following 
                new paragraph:
            ``(7) Field citation program.--
                    ``(A) Authority to implement program.--The 
                Administrator may establish, by regulation, a field 
                citation program under which field citations for minor 
                violations may be issued by officers or employees 
                designated by the Administrator. The field citations 
                issued pursuant to this authority shall not be subject 
                to the public notice requirements of paragraph (4), or 
                any other requirement for advance public notification.
                    ``(B) Amount of penalty.--A civil penalty assessed 
                under this paragraph may not exceed $5,000 per day for 
                each violation, and a total of $25,000 for the 
                violation.
                    ``(C) Election.--Any person to whom a field 
                citation is assessed may, within a reasonable time as 
                prescribed by the Administrator through regulation, 
                elect to pay the penalty assessment or to request a 
                hearing on the field citation. If a request for a 
                hearing is not made within the time specified in the 
                regulation, the penalty assessment in the field 
                citation shall be final.
                    ``(D) Hearing.--A hearing under this paragraph may 
                not be subject to section 554 or 556 of title 5, but 
                shall provide a reasonable opportunity to be heard and 
                to present evidence.
                    ``(E) Effect on future enforcement.--Payment of a 
                civil penalty required by a field citation may not be a 
                defense to further enforcement by the United States or 
                a State.''.
            (5) Offsetting penalties.--
                    (A) Civil penalties.--The second sentence of 
                paragraph (1) of section 309(d) (33 U.S.C. 1319(d)), as 
                designated by paragraph (1)(A)(i), is amended by 
                inserting ``any penalty previously imposed by a court 
                or administrative agency for the same violation,'' 
                after ``the violator,''.
                    (B) Exemption from certain limitations.--Section 
                309(g)(6)(B) (33 U.S.C. 1319(g)(6)(B)) is amended--
                            (i) in clause (i), by inserting ``or an 
                        action under a State law comparable to this 
                        subsection'' after ``an action under this 
                        subsection''; and
                            (ii) in clause (ii), by inserting ``or an 
                        action under a State law comparable to this 
                        subsection,'' after ``an action under this 
                        subsection''.
            (6) Economic benefit.--Section 309(g) (33 U.S.C. 1319(g)), 
        as amended by section 501(b) and paragraph (4)(A), is further 
        amended--
                    (A) by redesignating paragraph (13) as paragraph 
                (14); and
                    (B) by inserting after paragraph (12) the following 
                new paragraph:
            ``(13) State consideration of economic benefit.--
                    ``(A) Establishment and application of policy.--
                Each State that has in effect a State law that has any 
                comparable civil enforcement authority (whether 
                administrative or judicial) to those authorities under 
                this section shall develop and apply an economic 
                benefit policy to be used in determining the amount of 
                any penalty assessed against a violator. The policy 
                shall ensure consideration of the amount of economic 
                benefit resulting from the violation that is the 
                subject of the penalty.
                    ``(B) Authority of administrator.--In addition to 
                other circumstances giving rise to enforcement 
                proceedings under this Act, the Administrator may 
                commence enforcement proceedings under this section 
                against a violator that is the subject of an action 
                under State law that has comparable requirements to 
                this subsection if the State does not establish and 
                apply an economic benefit policy to be used in 
                determining the amount of any penalty assessed against 
                a violator under the comparable provision of State 
                law.''.
            (7) State administrative enforcement.--
                    (A) In general.--Section 402 (33 U.S.C. 1342), as 
                amended by section 501(a), is further amended by adding 
                at the end the following new subsection:
    ``(t) Withholding Water Pollution Control Assistance.--
            ``(1) In general.--Beginning on the date that is 3 years 
        after the date of enactment of this subsection, the 
        Administrator is authorized to withhold from a State with an 
        approved program under subsection (b), an amount not to exceed 
        25 percent of the amount of funds allocated for any fiscal year 
        to the State under section 106, if the Administrator determines 
        that the State does not have adequate authority to abate 
        violations of--
                    ``(A) permits issued under section 402; and
                    ``(B) pretreatment requirements applicable to 
                industrial users of publicly owned treatment works.
            ``(2) Adequate authority.--For purposes of paragraph (1), 
        in order to demonstrate adequate authority, a State shall, at a 
        minimum, demonstrate the authority to recover an administrative 
        civil penalty in a maximum amount of not less than $10,000 per 
        day for each violation referred to in paragraph (1).
            ``(3) Amounts withheld.--The Administrator shall make 
        available any amounts withheld under paragraph (1) to States 
        with an approved program under subsection (b).''.
                    (B) Abatement.--Section 402(b) (33 U.S.C. 1342(b)) 
                is amended by striking paragraph (7) and inserting the 
                following new paragraph:
    ``(7) To abate violations of the permit or the permit program by--
            ``(A) the imposition of administrative penalties (in a 
        manner comparable to section 309(g));
            ``(B) the imposition of criminal penalties; or
            ``(C) other means of enforcement that the State is able to 
        demonstrate to be as effective as the means described in this 
        paragraph.''.
            (8) Federal procurement.--Subsection (a) of section 508 (33 
        U.S.C. 1368(a)) is amended to read as follows:
    ``(a)(1)(A) No Federal agency may enter into any contract, grant, 
or loan that is to be performed, in whole or in part, using any 
facility owned, leased, operated, or supervised, at the time of the 
violation, by any person who has been convicted of an offense under 
section 309(c), 407, or 411 or under section 10 of the Act entitled `An 
Act making appropriations for the construction, repair, and 
preservation of certain public works on rivers and harbors, and for 
other purposes', approved March 3, 1899 (33 U.S.C. 403) (commonly known 
as the `River and Harbor Act of 1899').
    ``(B) With respect to a person described in subparagraph (A), a 
prohibition under such subparagraph shall--
            ``(i) continue for a period of not less than 1 year 
        following the date of conviction as determined by the 
        Administrator;
            ``(ii) affect each facility owned or operated by the person 
        that the Administrator determines has given rise to the 
        conviction; and
            ``(iii) continue until the Administrator, in the sole 
        discretion of the Administrator, certifies that the conditions 
        giving rise to the conviction have been corrected.
    ``(C) Each applicant who seeks to participate in a Federal 
contract, grant, or loan shall disclose any conviction described in 
subparagraph (A) to each appropriate Federal agency.
    ``(2)(A) No Federal agency may enter into any contract for the 
procurement of a good, material, or service with any person who has 
been found liable for civil penalties, or who has entered into any 
consent order or decree under section 309(d) admitting to violations 
that may be subject to the assessment of a civil penalty under section 
309(d), as a result of 3 or more separate enforcement actions 
instituted under section 309(d) within a period of less than 5 
consecutive years, if the Administrator determines that the contract is 
to be performed at a facility--
            ``(i) at which the violations that resulted in the 
        determination of liability or admission of liability in any 
        enforcement action under section 309(d) occurred; and
            ``(ii) that is owned, leased, or supervised by the person 
        who was found to be responsible or admitted liability for any 
        violation that was the subject of an enforcement action under 
        section 309(d).
    ``(B) With respect to a person described in subparagraph (A), a 
prohibition under such subparagraph shall--
            ``(i) continue for a period of not less than 1 year from 
        the date determined by the Administrator to be the final and 
        effective date of the third enforcement action occurring within 
        the 5-year period referred to in subparagraph (A);
            ``(ii) affect each facility that the Administrator 
        determines has given rise to the enforcement actions under 
        section 309(d); and
            ``(iii) continue until the Administrator, in the sole 
        discretion of the Administrator, certifies that the conditions 
        giving rise to the violations for which liability under section 
        309(d) has been imposed or admitted in the enforcement actions 
        under subparagraph (A) have been corrected.''.
            (9) Administrative penalties.--Section 309(g)(2)(B) (33 
        U.S.C. 1319(g)(2)(B)) is amended by striking ``$125,000'' and 
        inserting ``$200,000''.
    (c) Federal Facilities.--
            (1) In general.--Section 313(a) (33 U.S.C. 1323(a)) is 
        amended--
                    (A) in the first sentence--
                            (i) by striking ``(1)'' and inserting 
                        ``(A)''; and
                            (ii) by striking ``(2)'' and inserting 
                        ``(B)'';
                    (B) by designating the first and second sentences 
                as paragraphs (1) and (2), respectively;
                    (C) by striking the third sentence;
                    (D) by designating the fourth sentence as paragraph 
                (7);
                    (E) by striking the fifth sentence;
                    (F) by designating the sixth through eleventh 
                sentences as paragraph (8);
                    (G) by inserting after paragraph (2) (as designated 
                by subparagraph (B)) the following new paragraphs:
    ``(3) The Federal, State, interstate, and local substantive and 
procedural requirements, administrative authority, and process and 
sanctions referred to in this section shall include--
            ``(A) any administrative order; and
            ``(B) any civil or administrative penalty or fine (without 
        regard to whether the penalty or fine is punitive or coercive 
        in nature or is imposed for one or more isolated, intermittent, 
        or continuing violations).
    ``(4) The United States hereby expressly waives any immunity 
otherwise applicable to the United States with respect to the 
substantive and procedural requirements, administrative authority, and 
process and sanctions referred to in paragraph (2) (including any 
injunctive relief, administrative order, civil or administrative 
penalty referred to in paragraph (3)(B), or reasonable service charge).
    ``(5) A reasonable service charge referred to in paragraph (4) 
includes any fee or charge assessed in connection with--
            ``(A) the processing and issuance of a permit;
            ``(B) the renewal of a permit;
            ``(C) an amendment to a permit;
            ``(D) the review of a plan, study, or other document;
            ``(E) the inspection and monitoring of a facility: and
            ``(F) any other nondiscriminatory charge,
that is assessed in connection with a Federal, State, interstate, or 
local water pollution program.
    ``(6)(A) 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 official duties of the agent, employee, or officer.
    ``(B) An agent, employee, or officer of the United States shall be 
subject to a criminal sanction (including a fine or imprisonment) under 
a Federal or State water pollution law, except that no department, 
agency, or instrumentality of the executive, legislative, or judicial 
branch of the Federal Government shall be subject to a criminal 
sanction referred to in this subparagraph.''; and
                    (H) in paragraph (7) (as designated by subparagraph 
                (D)), by striking ``28 U.S.C. 1441 et seq.'' and 
                inserting ``chapter 89 of title 28, United States 
                Code''.
            (2) Definition of person.--Section 502(5) (33 U.S.C. 
        1362(5)) is amended by striking ``or any interstate body'' and 
        inserting ``any interstate body, or any department, agency, or 
        instrumentality of the United States''.
            (3) Civil penalty.--Section 311(a)(7) (33 U.S.C. 
        1321(a)(7)) is amended by striking ``and a partnership'' and 
        inserting ``partnership, or any department, agency or 
        instrumentality of the United States''.
            (4) Compliance orders.--Section 309 (33 U.S.C. 1319) is 
        amended by adding at the end the following new subsection:
    ``(h) Compliance Orders for Federal Facility Enforcement.--
            ``(1) In general.--
                    ``(A) Authorization.--If on the basis of any 
                information available--
                            ``(i) to the Administrator, the 
                        Administrator determines that any department, 
                        agency, or instrumentality of the United States 
                        has violated or is in violation of section 301, 
                        302, 306, 307, 308, 311, 318, or 405, or has 
                        violated or is in violation of any permit 
                        condition or limitation implementing any of 
                        such sections in a permit issued under section 
                        402 by the Administrator or by a State, or in a 
                        permit issued under section 404 by a State, or 
                        any requirement imposed under a pretreatment 
                        program approved under subsection (a)(3) or 
                        (b)(8) of section 402;
                            ``(ii) to the Secretary of the Army, the 
                        Secretary of the Army determines that any 
                        department, agency, or instrumentality of the 
                        United States has violated or is in violation 
                        of any condition or limitation in a permit 
                        issued under section 404; or
                            ``(iii) to the Secretary of the Department 
                        in which the Coast Guard is operating, the 
                        Secretary determines that any department, 
                        agency, or instrumentality of the United States 
                        has violated section 311 or any regulation 
                        implementing such section,
                the Administrator or Secretary, as applicable, may 
                issue an order to assess a civil or administrative 
                penalty for any past or current violation, requiring 
                compliance immediately or within a specified time 
                period, or both.
                    ``(B) Contents of order.--
                            ``(i) In general.--Any order issued 
                        pursuant to this subsection--
                                    ``(I) by the Administrator, may 
                                include a suspension or revocation of 
                                any permit issued by the Administrator 
                                or a State under section 402 or 404;
                                    ``(II) by the Secretary of the 
                                Army, may include a suspension or 
                                revocation of any permit issued by the 
                                Secretary of the Army or a State under 
                                section 404; and
                                    ``(III) shall state with reasonable 
                                specificity the nature of the 
                                violation.
                            ``(ii) Maximum penalty amount.--Any penalty 
                        assessed in an order issued pursuant to this 
                        subsection may not exceed $25,000 per day for 
                        each violation.
            ``(2) Public hearing.--
                    ``(A) In general.--Any order issued pursuant to 
                this subsection shall become final unless, not later 
                than 30 days after the order is served, the Federal 
                department, agency, or instrumentality of the United 
                States named in the order requests a public hearing. If 
                the request is made, the Administrator or Secretary, as 
                applicable, shall promptly conduct a public hearing.
                    ``(B) Subpoenas and discovery.--In connection with 
                any proceeding under this subsection, the Administrator 
                or the Secretary may--
                            ``(i) issue a subpoena for the attendance 
                        and testimony of a witness or the production of 
                        a relevant paper, book, or document; and
                            ``(ii) promulgate rules for discovery 
                        procedures.
            ``(3) Violation of orders.--If a violator fails to take 
        corrective action within the period specified in an order 
        issued under this subsection--
                    ``(A) the Administrator or Secretary, as 
                applicable, may assess a civil penalty of not more than 
                $25,000 for each day of continued noncompliance with 
                the order; and
                    ``(B)(i) the Administrator may suspend or revoke 
                the permit issued pursuant to section 402 or 404 that 
                is the subject of the order, without regard to whether 
                the permit is issued by the Administrator or a State; 
                and
                    ``(ii) the Secretary of the Army may suspend or 
                revoke the permit issued pursuant to section 404, 
                without regard to whether the permit is issued by the 
                Secretary of the Army or a State.
            ``(4) Determining amount of penalty.--In determining the 
        amount of any penalty assessed under this subsection, the 
        Administrator or Secretary, as applicable, shall consider--
                    ``(A) the seriousness of each violation;
                    ``(B) the economic benefit or savings (if any) to 
                the violator resulting from each violation;
                    ``(C) any history of the violations;
                    ``(D) any good-faith efforts to avoid noncompliance 
                or to comply with applicable requirements;
                    ``(E) failure, prior to the violation, to establish 
                and implement a program or other organized effort to 
                achieve and maintain compliance with environmental laws 
                (including regulations); and
                    ``(F) such other matters in mitigation and 
                aggravation as justice may require.''.
    (d) Emergency Powers.--Section 504 (33 U.S.C. 1364) is amended--
            (1) in subsection (a)--
                    (A) by inserting after ``(a)'' the following new 
                subsection heading: ``In General.--'';
                    (B) by striking ``is presenting'' and inserting 
                ``may present'';
                    (C) by inserting ``, whether actual or 
                threatened,'' after ``substantial endangerment''; and
                    (D) by striking ``may bring suit'' and inserting 
                the following: ``or to the environment, the 
                Administrator may--
            ``(1) issue such orders, or take such action, as may be 
        necessary to protect public health or welfare or the 
        environment; and
            ``(2) bring suit on behalf of the United States in a 
        district court of the United States of appropriate jurisdiction 
        against any person who causes or contributes to the alleged 
        pollution or threat of pollution to--
                    ``(A) immediately restrain the person from 
                discharging or threatening to discharge each pollutant 
                causing or contributing to the pollution;
                    ``(B) order the person to take such other action as 
                may be necessary; or
                    ``(C) take action under both subparagraphs (A) and 
                (B).''; and
            (2) by adding at the end the following new subsection:
    ``(b) Additional Action.--The Administrator may take additional 
action under this section, including issuing such orders as may be 
necessary to protect public health or welfare or the environment.''.
    (e) Administrative Amendments.--
            (1) Requirement for consultation on administrative 
        orders.--Section 309(g) (33 U.S.C. 1319(g)), as amended by 
        section 501(b) and subsections (b)(4)(A) and (b)(6)(A), is 
        further amended--
                    (A) by redesignating paragraph (14) as paragraph 
                (15); and
                    (B) by inserting after paragraph (13) the following 
                new paragraph:
            ``(14) Consultation.--The failure of the Administrator to 
        consult with a State concerning a violation of an order 
        pursuant to paragraph (1) may not constitute a defense in any 
        action to assess a civil penalty under this subsection and may 
        not invalidate the assessment of any penalty under this 
        subsection.''.
            (2) Effect of state enforcement actions.--Section 
        309(g)(6)(A) (33 U.S.C. 1319(g)(6)(A)) is amended--
                    (A) in clause (i), by adding ``or'' at the end;
                    (B) by striking clause (ii);
                    (C) by redesignating clause (iii) as clause (ii); 
                and
                    (D) in clause (ii) (as so redesignated)--
                            (i) by striking ``, the Secretary, or the 
                        State'' and inserting ``or the Secretary''; and
                            (ii) by striking ``or such comparable State 
                        law, as the case may be,''.
            (3) Single operational upsets.--
                    (A) Criminal penalties.--Section 309(c) (33 U.S.C. 
                1319(c)), as amended by subsection (b)(1)(C), is 
                further amended--
                            (i) by striking paragraph (5); and
                            (ii) by redesignating paragraphs (6), (7), 
                        and (8) as paragraphs (5), (6), and (7), 
                        respectively.
                    (B) Civil penalties.--Paragraph (1) of section 
                309(d) (33 U.S.C. 1319(d)), as designated by subsection 
                (b)(1)(A)(i), is amended by striking ``For purposes of 
                this subsection, a single operational upset which leads 
                to simultaneous violations of more than one pollutant 
                parameter shall be treated as a single violation.''.
                    (C) Administrative penalties.--Section 309(g)(3) 
                (33 U.S.C. 1319(g)(3)) is amended by striking ``For 
                purposes of this subsection, a single operational upset 
                which leads to simultaneous violations of more than one 
                pollutant parameter shall be treated as a single 
                violation.''.
            (4) Obtaining information.--
                    (A) In general.--Subsection (a) of section 308 (33 
                U.S.C. 1318(a)) is amended to read as follows:
    ``(a) In General.--
            ``(1) Duties of the administrator.--Whenever the 
        Administrator is required to carry out the objective of this 
        Act (as described in section 101(a)), including--
                    ``(A) developing or assisting in the development of 
                an effluent limitation, or other limitation, 
                prohibition, or effluent standard, pretreatment 
                standard, or standard of performance under this Act;
                    ``(B) determining whether any person is in 
                violation of an effluent limitation, or other 
                limitation, prohibition, effluent standard, 
                pretreatment standard, or standard of performance, or 
                is causing or contributing to the exceedance of a water 
                quality standard, under this Act;
                    ``(C) a requirement established under this section; 
                or
                    ``(D) carrying out sections 305, 311, 402, 404 
                (relating to State permit programs), 405, and 504,
        the Administrator may require a person subject to a requirement 
        of this Act to meet the requirements of paragraph (2) relating 
        to the provision of information to the Administrator if the 
        Administrator determines that the information is relevant to 
        the implementation of this Act.
            ``(2) Requirements.--In each case described in paragraph 
        (1), the Administrator may require a person subject to a 
        requirement of this Act to--
                    ``(A) establish and maintain such records;
                    ``(B) make such reports;
                    ``(C) install, use, and maintain such monitoring 
                equipment or methods (including, if appropriate, 
                biological monitoring methods);
                    ``(D) sample such effluents and affected receiving 
                waters (in accordance with such methods, at such 
                locations, at such intervals, and in such manner as the 
                Administrator shall prescribe;
                    ``(E) provide data necessary to support the 
                development of water quality criteria for a pollutant 
                present in the discharge of the owner or operator; and
                    ``(F) provide such other information,
        as the Administrator may reasonably require.
            ``(3) Inspection.--The Administrator or an authorized 
        representative of the Administrator (including an authorized 
        contractor acting as a representative of the Administrator) on 
        presentation of the credentials of the Administrator or 
        representative--
                    ``(A) shall have a right of entry to, upon, or 
                through any premises in which an effluent source is 
                located or in which any records required to be 
                maintained under paragraph (2) are located; and
                    ``(B) may at reasonable times have access to and 
                copy any records, inspect any monitoring equipment or 
                method required under paragraph (2), and sample any 
                effluents that the owner or operator of the source is 
                required to sample under such paragraph.''.
                    (B) Technical amendments.--Section 308 (33 U.S.C. 
                1318) is amended--
                            (i) in subsection (b), by inserting 
                        ``Records; Reports; Information.--'' after 
                        ``(b)''; and
                            (ii) in subsection (c), by inserting 
                        ``Procedures.--'' after ``(c)''.
            (5) Subpoenas.--The first sentence of section 509(a)(1) (33 
        U.S.C. 1369(a)(1)) is amended by inserting ``or any enforcement 
        activity under this Act'' after ``section 507(e) of this Act''.
    (f) Technical Amendment.--Section 309(g)(2) (33 U.S.C. 1319(g)(2)) 
is amended--
            (1) in subparagraph (A), by inserting ``day for each'' 
        after ``exceed $10,000 per''; and
            (2) in the first sentence of subparagraph (B), by striking 
        ``for each day during which the violation continues'' and 
        inserting ``for each violation''.

                      TITLE VI--PROGRAM MANAGEMENT

SEC. 601. TECHNOLOGY DEVELOPMENT.

    Section 105 (33 U.S.C. 1255) is amended to read as follows:

``SEC. 105. TECHNOLOGY DEVELOPMENT.

    ``(a) In General.--The Administrator shall establish a program to 
develop and demonstrate practices, methods, technologies, or processes 
that may be effective in the prevention and control of sources or 
potential sources of water pollution.
    ``(b) Grant Assistance.--
            ``(1) In general.--The Administrator may provide grants to 
        public agencies and authorities and nonprofit organizations and 
        institutions, and enter into cooperative agreements or 
        contracts with other persons, to develop or demonstrate water 
        pollution prevention and control practices, methods, 
        technologies, or processes.
            ``(2) Requirements for demonstration projects.--The 
        Administrator may provide assistance for a demonstration 
        project under this subsection only if--
                    ``(A) the demonstration project will serve to 
                demonstrate a new or significantly improved practice, 
                method, technology, or process, or the feasibility and 
                cost effectiveness of a practice, method, technology, 
                or process that exists at the time of the 
                demonstration, but is unproven;
                    ``(B) the demonstration project will not duplicate 
                any other Federal, State, local, or commercial effort 
                to demonstrate the practice, method, technology, or 
                process;
                    ``(C) the demonstration project meets the 
                requirements of this section and serves the purposes of 
                this Act;
                    ``(D) the demonstration of the practice, 
                technology, or process will comply with all other laws 
                (including regulations) for the protection of human 
                health and welfare and the environment; and
                    ``(E)(i) in the case of a contract or cooperative 
                agreement, the practice, method, technology, or process 
                would not be adequately demonstrated by State, local, 
                or private persons; or
                    ``(ii) in the case of an application for financial 
                assistance by a grant, the practice, method, 
                technology, or process is not likely to receive 
                adequate financial assistance from other sources.
            ``(3) Requirements for demonstration program.--The 
        demonstration program established under this subsection shall 
        include--
                    ``(A) solicitations for demonstration projects by 
                the Administrator;
                    ``(B) the selection of suitable demonstration 
                projects from among proposed demonstration projects;
                    ``(C) the supervision of the demonstration 
                projects;
                    ``(D) the evaluation of the results of the 
                demonstration projects; and
                    ``(E) the dissemination of information concerning 
                the effectiveness and feasibility of the practices, 
                methods, technologies, and processes that are proven to 
                be effective under the demonstration projects.
            ``(4) Solicitations.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this paragraph, and not less 
                frequently than annually thereafter, the Administrator 
                shall publish a solicitation notice for proposals to 
                demonstrate, by prototype or at full-scale, practices, 
                methods, technologies, and processes that are (or may 
                be) effective in controlling sources or potential 
                sources of water pollution.
                    ``(B) Contents of solicitation notice.--The 
                solicitation notice shall prescribe the information to 
                be included in the proposal, including technical and 
                economic information derived from the research and 
                development efforts of the applicant, and other 
                information sufficient to allow the Administrator to 
                assess the potential effectiveness and feasibility of 
                the practice, method, technology, or process that is 
                the subject of the demonstration project.
            ``(5) Application.--Any person may submit an application to 
        the Administrator in response to a solicitation under paragraph 
        (4). The application shall contain a proposed demonstration 
        plan setting forth how and when the project is to be carried 
        out and such other information as the Administrator may 
        require.
            ``(6) Selection of demonstration projects.--In selecting 
        practices, methods, technologies, and processes to be 
        demonstrated, the Administrator shall evaluate each project 
        according to the following criteria:
                    ``(A) The potential for the proposed practice, 
                method, technology, or process to effectively control 
                sources or potential sources of pollutants that present 
                risks to human health.
                    ``(B) The potential for the practice, method, 
                technology, or process to contribute to the advancement 
                of pollution control with respect to an industry for 
                which an effluent guideline is published pursuant to 
                section 304.
                    ``(C) The potential for the practice, method, 
                technology, or process to effectively prevent the 
                discharge of pollutants that present risks to human 
                health and the environment.
                    ``(D) The potential for the practice, method, 
                technology, or process to contribute to the advancement 
                of the treatment of sewage or the management of sewage 
                sludge.
                    ``(E) The potential for the practice, method, 
                technology, or process to contribute to reductions of 
                pollution associated with nonpoint sources of 
                pollution.
                    ``(F) The capability of the applicant to 
                successfully complete the demonstration project as 
                described in the application.
                    ``(G) The likelihood that the demonstrated 
                practice, method, technology, or process could be 
                applied in other locations and under other 
                circumstances to control sources or potential sources 
                of pollutants (taking into consideration the cost, 
                effectiveness, and technological feasibility of the 
                practice).
                    ``(H) The extent of financial support from the 
                applicant to accomplish the demonstration as described 
                in the application.
                    ``(I) The capability of the applicant to 
                disseminate the results of the demonstration or 
                otherwise make the benefits of the practice, method, 
                technology, or process widely available to the public 
                in a timely manner.
            ``(7) Approval of applications.--The Administrator shall 
        approve or disapprove an application for a project under this 
        subsection in an expeditious manner. In the case of a 
        disapproval of an application for a project, the Administrator 
        shall notify the applicant of the reasons for the disapproval.
            ``(8) Agreement.--Each applicant selected to conduct a 
        demonstration project under this subsection shall be required, 
        as a condition of receiving funds made available pursuant to 
        this subsection, to enter into an agreement with the 
        Administrator to provide for monitoring, testing procedures, 
        quality control, and such other measurements necessary to 
        evaluate the results of demonstration projects or facilities 
        intended to control sources or potential sources of 
        contaminants.
            ``(9) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share for a demonstration 
                project under this section shall not exceed 75 percent 
                of the total cost of the project.
                    ``(B) Certain basic research.--In any case in which 
                the Administrator determines that a research project 
                under this subsection is basic research that would not 
                otherwise be undertaken, the Administrator may award a 
                grant for the research project under this subsection 
                with respect to which the Federal share may equal 100 
                percent of the total cost of the project.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
section $20,000,000 for each of fiscal years 1994 through 2000.''.

SEC. 602. STATE CERTIFICATION.

    The first sentence of section 401(a)(1) (33 U.S.C. 1341(a)(1)) is 
amended by inserting before the period the following: ``and that any 
such activity will comply with water quality standards adopted under 
section 303 and allow for the protection, attainment, and maintenance 
of designated uses included in the standards''.

SEC. 603. REPORTS TO CONGRESS.

    (a) Clean Water Report.--Subsections (a) through (c) of section 516 
(33 U.S.C. 1375 (a) through (c), respectively) are amended to read as 
follows:
    ``(a) Clean Water Report.--
            ``(1) In general.--On January 1 of the year following the 
        date of enactment of subparagraph (A), and every 2 years 
        thereafter, the Administrator shall submit to Congress a report 
        on measures taken toward the implementation of the goals and 
        objectives of this Act, including--
                    ``(A) a summary of the results achieved in the 
                field of water pollution control research, 
                demonstrations, experiments, studies, and related 
                matters;
                    ``(B) a summary of the status of technology-based 
                water pollution controls;
                    ``(C) a summary of the development of pollutant 
                criteria documents and the adoption of water quality 
                and sediment quality standards;
                    ``(D) an assessment of progress in the development 
                of effluent limitations pursuant to sections 301, 304, 
                306, and 307;
                    ``(E) a description of State nonpoint source 
                pollution control programs;
                    ``(F) an assessment of the progress in the 
                identification of and development of programs for water 
                quality problem areas, including--
                            ``(i) the national estuary program 
                        established under section 320;
                            ``(ii) the Great Lakes program established 
                        under section 118;
                            ``(iii) the Chesapeake Bay program 
                        established under section 117;
                            ``(iv) other programs that the 
                        Administrator considers appropriate; and
                            ``(v) other estuaries and rivers for which 
                        management conferences are being conducted;
                    ``(G) a description of alternative requirements for 
                effluent discharges established under section 301 or 
                307 (including any alternative requirement established 
                under section 301(b)(2) or 307(b) on the basis of 
                fundamentally different factors (as described in 
                section 301(d));
                    ``(H) a description of activities relating to 
                wastewater treatment operator training and 
                certification;
                    ``(I)(i) an identification and assessment of 
                noncompliance with the enforceable requirements of this 
                Act (including an assessment of noncompliance by 
                Federal facilities); and
                    ``(ii) a description of all enforcement actions 
                pending or completed under this Act during the 2-year 
                period immediately preceding the date of the report; 
                and
                    ``(J) recommendations concerning improvements to 
                the water quality programs authorized by this Act.
            ``(2) Consultation by administrator.--The Administrator 
        shall consult with the heads of State agencies in the 
        development of the report required under this subsection.
    ``(b) Water Quality Infrastructure Needs Assessment.--
            ``(1) In general.--The Administrator shall conduct a 
        comprehensive assessment of the cost of construction of public 
        facilities needed to accomplish the water quality goals of this 
        Act.
            ``(2) Contents of assessment.--The assessment under this 
        subsection shall, at a minimum, describe--
                    ``(A) on a national basis, and for each State, the 
                cost of construction for the rehabilitation, 
                replacement, and upgrading of publicly owned treatment 
                works in existence during the calendar year that is 2 
                years before the date of the report, including an 
                estimate of the portion of the costs associated with 
                meeting the enforceable requirements of this Act;
                    ``(B) on a national basis, and for each State the 
                cost of construction of expanded or new publicly owned 
                treatment works, including an estimate of the portion 
                of the costs associated with meeting the requirements 
                of this Act;
                    ``(C) the cost of implementing plans for the 
                elimination of combined stormwater and sanitary sewer 
                overflows developed pursuant to section 406, including 
                any additional treatment needed to ensure compliance 
                with water quality standards;
                    ``(D) the portion of the costs described in 
                subparagraphs (A), (B), and (C) associated with 
                treatment works serving fewer than 2,500 individuals;
                    ``(E) the cost to Federal, State, and local 
                governments and agricultural producers of the 
                construction of measures to control nonpoint sources of 
                pollution implemented in accordance with programs 
                developed pursuant to section 319;
                    ``(F) the cost of construction of measures and 
                facilities required to comply with permits for the 
                control of municipal discharges of stormwater;
                    ``(G) the cost of implementation of conservation 
                and management plans approved pursuant to section 
                320(f);
                    ``(H) the cost of implementation of Lakewide 
                Management Plans and Remedial Action Plans developed 
                pursuant to section 118;
                    ``(I) the cost of implementation of clean lakes 
                projects pursuant to section 314; and
                    ``(J) the cost of implementation of watershed 
                management plans approved by the Administrator pursuant 
                to section 321.
            ``(3) Submission of assessment.--Not later than 4 years 
        after the date of enactment of this paragraph, and every 4 
        years thereafter, the Administrator shall submit the assessment 
        required under this subsection to Congress.
    ``(c) RESERVED.''.
    (b) Elimination of Other Reports.--
            (1) Devices for flow reduction.--Section 104(a)(5) (33 
        U.S.C. 1254(a)(5)) is amended by striking ``, and shall report 
        on such quality in the report required under subsection (a) of 
        section 516''.
            (2) Chesapeake bay.--Section 117 (33 U.S.C. 1267) is 
        amended--
                    (A) by striking subsection (c); and
                    (B) by redesignating subsection (d) as subsection 
                (c).
            (3) Great lakes.--Section 118(c) (33 U.S.C. 1268(c)) is 
        amended--
                    (A) by striking paragraph (10); and
                    (B) by redesignating paragraph (11) as paragraph 
                (10).
            (4) Operation of publicly owned treatment works.--Title II 
        (33 U.S.C. 1281 et seq.) is amended by striking section 210 and 
        inserting ``Section 210. RESERVED.''.
            (5) Alternative discharge requirements.--Section 301(n) (33 
        U.S.C. 1311(n)) is amended by striking paragraph (8).
            (6) Condition of lakes.--Section 314 (33 U.S.C. 1324) is 
        amended--
                    (A) in subsection (a)--
                            (i) by striking paragraph (3); and
                            (ii) by redesignating paragraph (4) as 
                        paragraph (3); and
                    (B) in subsection (b)--
                            (i) by striking paragraph (3); and
                            (ii) by redesignating paragraph (4) as 
                        paragraph (3).
            (7) Status of nonpoint programs.--Section 319(m) (33 U.S.C. 
        1329(m)) is amended by striking ``(m) Reports of 
        Administrator.--'' and all that follows through ``(2) Final 
        report.--Not later than'' and inserting the following:
    ``(m) Final Report of the Administrator.--Not later than''.
            (8) Estuarine research and monitoring.--Section 320(j) (33 
        U.S.C. 1330(j)) is amended--
                    (A) by striking paragraph (2);
                    (B) by striking ``(j) Research.--'' and all that 
                follows through ``In order to'' and inserting the 
                following:
    ``(j) Research.--In order to'';
                    (C) by striking ``(A) a long-term program'' and 
                inserting the following:
            ``(1) a long-term program'';
                    (D) by striking subparagraph (B) and inserting the 
                following new paragraph:
            ``(2) a program of ecosystem assessment assisting in the 
        development of--
                    ``(A) baseline studies that determine the state of 
                estuarine zones and the effects of natural and 
                anthropogenic changes; and
                    ``(B) predictive models capable of translating 
                information on specific discharges or general pollutant 
                loadings within estuarine zones into a set of probable 
                effects on the zones;'';
                    (E) by striking ``(C) a comprehensive'' and 
                inserting the following:
            ``(3) a comprehensive''; and
                    (F) by striking ``(D) a program'' and inserting the 
                following:
            ``(4) a program''.
            (9) Federal procurement.--Section 508 (33 U.S.C. 1368) is 
        amended by striking subsection (e).

SEC. 604. DEFINITIONS.

    (a) Definition of Point Source.--Section 502(14) (33 U.S.C. 
1362(14)) is amended by adding at the end the following new sentence: 
``The term shall include a landfill leachate collection system.''.
    (b) Conforming Amendment.--Section 507 of the Water Quality Act of 
1987 (33 U.S.C. 1362 note) is repealed.

SEC. 605. INDIAN PROGRAMS.

    (a) Sewage Treatment.--Section 518(c) (33 U.S.C. 1377(c)) is 
amended--
            (1) by striking ``one-half of one percent of the sums 
        appropriated under section 207'' and inserting ``1 percent of 
        the sums appropriated under section 607''; and
            (2) by adding at the end the following new sentence: ``The 
        Administrator shall provide the funds reserved under this 
        subsection directly to Indian tribes and may make a grant in an 
        amount not to exceed 100 percent of the cost of a project that 
        is the subject of the grant. In making a grant under this 
        subsection, the Administrator shall give priority to projects 
        that address the most significant public health and 
        environmental pollution problems, as determined by a needs 
        assessment conducted under paragraph (2).''.
    (b) Nonpoint Pollution Control.--Section 518(f) (33 U.S.C. 1377(f)) 
is amended--
            (1) in the second sentence, by striking ``one-third'' and 
        inserting ``one-half'';
            (2) in the third sentence, by striking ``(d)'' and 
        inserting ``(e)''; and
            (3) by adding at the end the following new sentence: 
        ``Notwithstanding section 319(h)(3), the Administrator may make 
        a grant under this subsection in an amount not to exceed 100 
        percent of the cost of the project that is the subject of the 
        grant.''.
    (c) Revolving Loan Funds.--Section 603(c)(1) (33 U.S.C. 
1383(c)(1)), as amended by section 101(a)(2), is further amended by 
inserting ``Indian tribe,'' after ``State agency''.

SEC. 606. CLEAN WATER EDUCATION.

    (a) In General.--Title V (33 U.S.C. 1361 et seq.) is amended--
            (1) by redesignating section 519 as section 520; and
            (2) by inserting after section 518 the following new 
        section:

``SEC. 519. CLEAN WATER EDUCATION.

    ``(a) Authority.--
            ``(1) In general.--The Administrator shall establish a 
        national program of education and information to increase 
        public awareness concerning water quality.
            ``(2) Employees to implement program.--The Administrator 
        shall ensure that for each fiscal year, not fewer than--
                    ``(A) 5 full-time equivalent employees are assigned 
                on a full-time basis to carry out this section; and
                    ``(B) 1 full-time equivalent employee is assigned 
                on a full-time basis to carry out this section in each 
                regional office.
    ``(b) Volunteer Programs.--
            ``(1) In general.--The Administrator, in cooperation with 
        the States, shall foster and provide guidance for volunteer 
        citizen programs for the assessment, oversight, and protection 
        of individual waterbodies.
            ``(2) Handbook.--Not later than 2 years after date of 
        enactment of this subsection, the Administrator shall publish a 
        handbook and other related informational materials with respect 
        to the organization, management, functions, and activities of 
        volunteer citizen programs under this subsection.
            ``(3) Volunteer citizen programs.--Not later than 3 years 
        after the date of enactment of this subsection, and biennially 
        thereafter, each State shall provide to the Administrator a 
        list of volunteer citizen programs and the waterbody served by 
        each program included in the list. Not later than 180 days 
        after receiving the State lists required to be submitted 
        pursuant to this paragraph, the Administrator shall publish a 
        national list of volunteer citizen programs that includes the 
        information in the State lists.
            ``(4) Federal enforcement.--In the case of any action taken 
        pursuant to subsection (c) or (d) of section 309, an 
        appropriate Federal official shall advise the court of any 
        volunteer citizen program listed pursuant to paragraph (3) for 
        the waterbody associated with the violation.
    ``(c) Awards.--
            ``(1) In general.--The Administrator shall implement a 
        program to provide official recognition of the Federal 
        Government to industrial organizations, political subdivisions 
        of States, and volunteer citizen programs that have 
        demonstrated an outstanding commitment to the prevention and 
        control of water pollution.
            ``(2) Selection by regional administrators.--Each regional 
        administrator of the Environmental Protection Agency shall 
        select not more than 3 industrial organizations, 3 political 
        subdivisions, and 3 volunteer citizen programs within the 
        region under the jurisdiction of the regional administrator for 
        an award under this subsection for each fiscal year.
            ``(3) Selection by administrator.--The Administrator shall 
        select from the organizations, political subdivisions, and 
        volunteer programs that receive awards pursuant to paragraph 
        (2) not more than 3 industrial organizations, 3 political 
        subdivisions, and 3 volunteer programs to receive national 
        awards.
            ``(4) Form of award.--The Administrator shall award a 
        certificate or plaque of suitable design to each industrial 
        organization, political subdivision, or volunteer program that 
        receives an award under this subsection.
            ``(5) Notice and publication.--The President, the Governor 
        of the appropriate State, the Speaker of the House of 
        Representatives, and the President pro tempore of the Senate 
        shall be notified of each award under this subsection by the 
        Administrator, and the awarding of the recognition shall be 
        published in the Federal Register.''.
    (b) Technical Corrections.--
            (1) Section 104(c) (33 U.S.C. 1254(c)) is amended by 
        striking ``Health, Education, and Welfare'' and inserting 
        ``Health and Human Services''.
            (2) Section 501 (33 U.S.C. 1361) is amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (f) as subsection 
                (e).

SEC. 607. NATIONAL ESTUARY PROGRAM.

    Section 320 (33 U.S.C. 1130) is amended--
            (1) in subsection (g)(2), by inserting ``and 
        implementation'' after ``development''; and
            (2) in subsection (i), by striking ``1987, 1988, 1989, 
        1990, and 1991'' and inserting ``1987 through 2000''.

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