I

103D CONGRESS

1ST SESSION H. R. 1116

Amending the Federal Water Pollution Control Act with respect to research

and development activities.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mrs. MORELLA introduced the following bill; which was referred jointly to the

Committees on Science, Space, and Technology and Public Works and

Transportation

JUNE 29, 1993

Additional sponsors: Mr. ACKERMAN, Mr. MFUME, Mr. HASTINGS, Mr.

TOWNS, and Mr. GILCHREST

A BILL

Amending the Federal Water Pollution Control Act with

respect to research and development activities.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Clean Water Act Re5 search Amendments of 1993’’.
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1 SEC. 2. WATER QUALITY RESEARCH.

2 (a) GENERAL AUTHORITY.—Section 104(a) of the

3 Federal Water Pollution Control Act (33 U.S.C. 1254(a))

4 is amended to read as follows:

5 ‘‘(a)(1) The Administrator, in cooperation with Fed6 eral, State, and local agencies and public or private insti7 tutions, organizations, or individuals, shall conduct and

8 promote a comprehensive program of research, investiga9 tions, experiments, surveys, and studies relating to the

10 causes, sources, effects, extent, prevention, detection, and

11 correction of water pollution.

12 ‘‘(2) In carrying out this section, the Administrator

13 may—

14 ‘‘(A) collect and make available, through publi15 cations and other appropriate means, the results of

16 research pursuant to this section;

17 ‘‘(B) encourage, cooperate with, and render

18 technical services to pollution control agencies and

19 other appropriate public or private institutions, or20 ganizations, and individuals;

21 ‘‘(C) conduct investigations concerning the pol22 lution of any navigable waters and report on the re23 sults of such investigations;

24 ‘‘(D) conduct research and make surveys con25 cerning the nationwide extent and seriousness of a

26 pollutant or class of pollutants in water;
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1 ‘‘(E) develop, assess, collect, and disseminate

2 basic data on chemical, physical, and biological ef3 fects of varying water quality and other information

4 pertaining to water pollution and the prevention, re5 duction, and elimination thereof;

6 ‘‘(F) develop effective and practical processes,

7 methods, and prototype devices for the prevention,

8 reduction, and elimination of water pollution;

9 ‘‘(G) make grants to State water pollution con10 trol agencies, interstate agencies, other public or

11 nonprofit private agencies, institutions, organiza12 tions, and individuals to conduct research pursuant

13 to this section;

14 ‘‘(H) contract with public or private agencies,

15 institutions, organizations, and individuals, without

16 regard to sections 3648 and 3709 of the Revised

17 Statutes (31 U.S.C. 529; 41 U.S.C. 5) to conduct

18 research pursuant to this section;

19 ‘‘(I) utilize, on a reimbursable basis, facilities

20 and personnel of Federal scientific laboratories and

21 research centers;

22 ‘‘(J) convene conferences concerning water

23 quality and water pollution control research issues,

24 giving opportunity for interested persons to be heard

25 and to present papers at such conferences; and
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1 ‘‘(K) acquire technical data, inventions, patent

2 applications, patents, licenses, and an interest in

3 lands, plants, equipment and facilities, and other

4 property rights by purchase, license, lease, or dona5 tion.’’.

6 (b) WATER QUALITY RESEARCH COMMITTEE.—Sec7 tion 104(b) of the Federal Water Pollution Control Act

8 (33 U.S.C. 1254(b)) is amended to read as follows:

9 ‘‘(b)(1) There is hereby established a National Water

10 Quality Research Committee (hereafter in this subsection

11 referred to as the ‘Research Committee’) to advise the Ad12 ministrator in the implementation of the authorities of this

13 section and other related research activities of the Federal

14 Government and State and local governments.

15 ‘‘(2) The Research Committee shall—

16 ‘‘(A) identify major research needs and sci17 entific uncertainties regarding the causes, effects,

18 extent, prevention, reduction, and elimination of

19 water pollution;

20 ‘‘(B) ensure, to the extent practicable, that re21 search conducted pursuant to this section meets the

22 needs of State and local governments; and

23 ‘‘(C) facilitate, to the extent practicable, the co24 ordination of research programs pursuant to this
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1 section and related research programs of other Fed2 eral agencies and State and local governments.

3 ‘‘(3) The Research Committee shall consist of—

4 ‘‘(A) a representative of the Administrator, who

5 shall chair the Research Committee;

6 ‘‘(B) a representative of the Secretary of Agri7 culture;

8 ‘‘(C) a representative of the Administrator of

9 the National Oceanic and Atmospheric Administra10 tion;

11 ‘‘(D) a representative of the Director of the

12 United States Geological Survey;

13 ‘‘(E) a representative of the Director of the

14 Fish and Wildlife Service;

15 ‘‘(F) five representatives of State environmental

16 agencies, to be appointed by the Administrator; and

17 ‘‘(G) five representatives of the academic com18 munity, to be appointed by the Administrator.

19 ‘‘(4) One of the members appointed initially under

20 paragraph (3)(F) and two of the members appointed ini21 tially under paragraph (3)(G) shall be appointed to terms

22 of 1 year each. Two of the members appointed initially

23 under paragraph (3)(F) and one of the members ap24 pointed initially under paragraph (3)(G) shall be ap25 pointed to terms of 2 years each. All other members ap-
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1 pointed under paragraph (3) (F) and (G) shall be ap2 pointed to terms of 3 years each.

3 ‘‘(5) Members appointed under paragraph (3)(G)

4 shall receive travel expenses, including per diem in lieu

5 of subsistence, as provided in section 5703 of title 5, Unit6 ed States Code.

7 ‘‘(6) The Research Committee shall submit to the

8 Congress on January 1 of each year after the date of en9 actment of the Clean Water Act Research Amendments

10 of 1993 a report which shall—

11 ‘‘(A) describe the research conducted pursuant

12 to this section in the preceding year and the results

13 of such research;

14 ‘‘(B) identify the highest priority research

15 needs for the following 5-year period, identify the

16 approximate cost of such research, and the relation17 ship of such research to the goals and objectives of

18 this Act;

19 ‘‘(C) describe research activities pursuant to

20 this section and related research authorities planned

21 for the coming year and the extent to which such re22 search will address the priority research needs iden23 tified in subparagraph (B); and
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1 ‘‘(D) identify opportunities to improve coordina2 tion of research among Federal agencies and the

3 States.’’.

4 SEC. 3. WATER QUALITY MONITORING COUNCIL.

5 Section 305 of the Federal Water Pollution Control

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

7 thereof the following new subsection:

8 ‘‘(d) WATER QUALITY MONITORING COUNCIL.—(1)

9 There is established a Water Quality Monitoring Council

10 (hereafter in this subsection referred to as the ‘‘Council’’)

11 to ensure the effective coordination of Federal and State

12 surface and ground water quality monitoring programs.

13 ‘‘(2) The membership of the Council shall be—

14 ‘‘(A) a representative of the Administrator, who

15 shall cochair the Council;

16 ‘‘(B) a representative of the Director of the

17 United States Geological Survey, who shall cochair

18 the Council;

19 ‘‘(C) a representative of the Secretary of Agri20 culture;

21 ‘‘(D) a representative of the Administrator of

22 the National Oceanic and Atmospheric Administra23 tion;

24 ‘‘(E) a representative of the Director of the

25 Fish and Wildlife Service;
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1 ‘‘(F) five representatives of State environmental

2 protection agencies, to be appointed by the Adminis3 trator; and

4 ‘‘(G) five representatives of the academic com5 munity, to be appointed by the Administrator in

6 consultation with the Director of the United States

7 Geological Survey and the Administrator of the Na8 tional Oceanic and Atmospheric Administration.

9 ‘‘(3) The Council shall—

10 ‘‘(A) identify all Federal surface and ground

11 water quality monitoring programs;

12 ‘‘(B) oversee the implementation of Federal

13 surface and ground water quality monitoring pro14 grams;

15 ‘‘(C) coordinate the establishment of consistent

16 quality assurance standards for Federal surface and

17 ground water quality monitoring programs; and

18 ‘‘(D) coordinate the establishment of procedures

19 and methods for statistical analysis of monitoring

20 data and data management systems.

21 ‘‘(4) The Administrator, in cooperation with the

22 Council, shall issue guidance not less often than annually

23 to State agencies, the United States Geological Survey, the

24 National Oceanic and Atmospheric Administration, and

25 such other Federal agencies as are considered appropriate
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1 by the Administrator, to ensure the effective and coordi2 nated implementation of surface and ground water quality

3 monitoring programs.

4 ‘‘(5) Within 2 years after the date of enactment of

5 this subsection, the Administrator, in cooperation with the

6 Council, shall submit to the Congress a strategy for the

7 coordinated implementation of Federal surface and

8 ground water quality monitoring programs. Such strategy

9 shall describe the roles and responsibilities of Federal

10 agencies, methods of coordination among Federal agen11 cies, the anticipated level of resources to be devoted to sur12 face and ground water quality monitoring programs by

13 each Federal agency, and measures to ensure that Federal

14 surface and ground water quality monitoring programs

15 are responsive to the monitoring needs of States to the

16 fullest extent practicable.

17 ‘‘(6) The Administrator, in cooperation with the

18 Council, shall prepare and submit to the Congress by Jan19 uary 1, 1997, and biennially thereafter, a report describ20 ing the findings of surface and ground water quality mon21 itoring programs and providing a comprehensive assess22 ment of conditions and trends in the quality of surface

23 and ground waters throughout the Nation. The report

24 shall also identify needed changes to Federal and State

25 surface and ground water quality monitoring programs,
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1 including the adequacy of funding for the accomplishment

2 of such programs.’’.

3 SEC. 4. NONPOINT SOURCE POLLUTION RESEARCH AND

4 CONTROL MEASURES.

5 Section 104 of the Federal Water Pollution Control

6 Act (33 U.S.C. 1254) is amended by adding at the end

7 the following new subsection:

8 ‘‘(v) The Administrator, in consultation with the Na9 tional Oceanic and Atmospheric Administration, the Unit10 ed States Geological Survey, the Fish and Wildlife Service,

11 and the Department of Agriculture, shall conduct a com12 prehensive program of research, testing, and technology

13 development of methods for sampling, measuring, mon14 itoring, and modeling, and development of methods for the

15 control of nonpoint sources of pollution. The Adminis16 trator shall establish categories of nonpoint sources for the

17 purposes of such research program, including sources of

18 pollution in connection with mining and silviculture activi19 ties, urban runoff, and both irrigated and nonirrigated ag20 ricultural activities. Such program shall include the follow21 ing elements:

22 ‘‘(1) Identification of regionally representative

23 ecosystems in each of the categories established by

24 the Administrator.
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1 ‘‘(2) Methods to evaluate the effects of episodic

2 loadings of multiple pollutants and their aggregate

3 effects in receiving waters, including effects on both

4 water quality and water quantity.

5 ‘‘(3) Development of improved quantitative

6 models and monitoring systems for evaluating and

7 quantifying the linkage between various land use

8 practices, precipitation, surface and ground water

9 flows, and pollutant loads. Emphasis shall be placed

10 on those models and systems which—

11 ‘‘(A) improve the ability to evaluate the

12 transport and fate processes from nonpoint

13 sources of pollution to both surface and ground

14 water;

15 ‘‘(B) improve the ability to identify sources

16 of contamination and quantitatively attribute

17 loadings to sources; and

18 ‘‘(C) improve the ability to identify and

19 evaluate region-specific or category-specific pre20 vention and control opportunities.

21 ‘‘(4) Research and development to identify and

22 develop pollution control measures, including alter23 native agriculture technologies, best management

24 practices, and land use control measures, suitable

25 for reducing or controlling the introduction of pollut-
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1 ants in each of the various categories of nonpoint

2 sources established under this subsection. Such re3 search and development shall address—

4 ‘‘(A) a detailed description of methods,

5 measures, or practices, including structural and

6 legal controls such as changes in construction

7 and building practices and land use or zoning

8 laws, and operation and maintenance proce9 dures, that constitute each control measure;

10 ‘‘(B) a reliable method to make quan11 titative estimates of the pollution reduction ef12 fects of each measure;

13 ‘‘(C) a description of the categories and

14 subcategories of activities for which each meas15 ure may be suitable; and

16 ‘‘(D) an estimate and analysis of the com17 parative costs of implementing the methods,

18 measures, and practices described under sub19 paragraph (A).

20 ‘‘(5) Biennial reports to the Congress which de21 tail and assess the effectiveness of models and sys22 tems developed under paragraph (3) of this section

23 and which assess the effectiveness of nonpoint

24 source control measures identified or developed

25 under paragraph (4).’’.
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1 SEC. 5. CONTAMINATED SEDIMENTS.

2 Title I of the Federal Water Pollution Control Act

3 is amended by adding at the end the following new section:

4 ‘‘SEC. 121. CONTAMINATED SEDIMENTS.

5 ‘‘(a) SURVEY.—(1) The Administrator, in consulta6 tion with the National Oceanic and Atmospheric Adminis7 tration, the United States Geological Survey, and the

8 Corps of Engineers, shall conduct a comprehensive na9 tional survey of data regarding bottom sediment contami10 nation. The purpose of the survey is to assess the scope

11 and severity of sediment contamination and to identify

12 those areas for which additional pollution reduction re13 quirements may be required.

14 ‘‘(2) In conducting the survey under this subsection,

15 the Administrator shall compile all available information

16 on—

17 ‘‘(A) the quantity, chemical and physical make18 up, and geographic location of contaminated sedi19 ments;

20 ‘‘(B) the aquatic resources that may be in the

21 vicinity of the contamination; and

22 ‘‘(C) the degree of risk to public health and

23 aquatic life from the contamination.

24 ‘‘(b) SEDIMENT REMEDIATION OR REMOVAL.—The

25 Administrator shall conduct a program of research, test26 ing, and development of methods for improved remediation
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1 and control of pollution problems resulting from contami2 nated sediments. Such program shall include the develop3 ment of improved, more cost-effective or innovative treat4 ment processes, including new treatment processes involv5 ing modified or engineered organisms, new technologies

6 and removal methods for dredge and dredge disposal oper7 ations, and new treatment processes or control methods

8 to lessen the release of odors from such sediment.

9 ‘‘(c) REPORT.—Not later than 2 years after the date

10 of enactment of this section, the Administrator shall sub11 mit a report to the Congress on the results of the program

12 conducted under this section, together with recommenda13 tions for remediating sediment contamination.’’.

14 SEC. 6. GROUND WATER RESEARCH.

15 Section 104(m) of the Federal Water Pollution Con16 trol Act (33 U.S.C. 1254(m)) is amended to read as fol17 lows:

18 ‘‘(m)(1) The Administrator shall, in consultation with

19 the United States Geological Survey and the Department

20 of Agriculture, and in cooperation with other Federal

21 agencies and the States, conduct a comprehensive pro22 gram of research and investigation concerning ground

23 water quality.

24 ‘‘(2) Research pursuant to this subsection shall, at

25 a minimum, address—
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1 ‘‘(A) the effects on human health of contami2 nants or combinations of contaminants, whether nat3 ural or anthropogenic, that are found in or that are

4 likely to be found in the ground waters of the United

5 States;

6 ‘‘(B) the effects on the environment, including

7 aquatic life, wildlife, and other environmental re8 sources, of contaminants;

9 ‘‘(C) the hydrologic relationship between sur10 face water and ground water and the likely impact

11 of contamination in one medium on the quality and

12 uses of the other;

13 ‘‘(D) methods and techniques for characterizing

14 and modeling subsurface flow, fate, and transport in

15 both the saturated and unsaturated zones;

16 ‘‘(E) the fate, transport, and distribution of

17 particular contaminants in the saturated and un18 saturated zones;

19 ‘‘(F) methods and techniques to characterize

20 the vulnerability of locations to contamination based

21 on factors including climate, vegetation, topography,

22 soil characteristics, and subsurface hydrology;

23 ‘‘(G) innovative methods and techniques for site

24 characterization or sampling ground water, including
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1 well construction, sample collection, and the storage

2 of samples before analysis;

3 ‘‘(H) methods and techniques for monitoring,

4 sampling, and analyzing discharge to the subsurface;

5 ‘‘(I) the design and operation of waste treat6 ment systems, including septic systems, land treat7 ment systems, and containment systems, that mini8 mize the potential for contaminants to reach ground

9 water;

10 ‘‘(J) methods and techniques for the remedi11 ation and restoration of contaminated ground water

12 resources; and

13 ‘‘(K) methods and techniques to design and op14 erate ground water recharge systems, including per15 colation, direct injection, and acquifer storage and

16 recovery, which would allow for the safe and effec17 tive reuse of reclaimed water in arid areas.’’.

18 SEC. 7. ECOSYSTEM AND WATER QUALITY STUDIES.

19 Section 104 of the Federal Water Pollution Control

20 Act (33 U.S.C. 1254) is further amended by adding at

21 the end the following new subsection:

22 ‘‘(w) In carrying out this section and section 305 of

23 this Act, the Administrator, in consultation with the Na24 tional Oceanic and Atmospheric Administration, the Unit25 ed States Geological Survey, and the Department of Agri-
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1 culture, shall conduct a comprehensive program of re2 search and development, including development of meth3 ods of sampling, measuring, monitoring, and analysis,

4 both to improve understanding of the status and trends

5 of ecosystems and to develop improved predictive models

6 upon which to base the standardized protocols to be estab7 lished under section 305(c). The categories or classes of

8 ecosystems for such research and development shall in9 clude rivers, streams, lakes, estuaries, coastal zones, wet10 lands, and fresh and marine water. Such program shall

11 include the following elements:

12 ‘‘(1) Identification of representative and critical

13 or priority ecosystems in each class.

14 ‘‘(2) Identification of the structure and function

15 of natural aquatic systems and an identification of

16 indices of the ecological health of such ecosystems.

17 ‘‘(3) Evaluation of ecosystems response to long18 term contamination by developing improved methods

19 and monitoring and modeling techniques to assess

20 toxicity persistence, sediment toxicity, and

21 bioaccumulation or teratogenic potential in living

22 aquatic resources, and by developing methods to

23 evaluate the efficacy of remediation practices.

24 ‘‘(4) Development of improved biological, bio25 chemical, and other monitoring and modeling tech-
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1 niques and criteria to increase understanding of

2 functions and processes related to the ecological

3 health of water resources. Emphasis shall be placed

4 on those techniques and methods which—

5 ‘‘(A) improve the ability to determine the

6 origin, sources, and cycling of toxic materials,

7 nutrients, and other contaminants resulting

8 from natural or anthropogenic sources, includ9 ing atmospheric deposits, ground water con10 tamination, pesticide runoff, and other point

11 and nonpoint sources;

12 ‘‘(B) improve the ability to identify and

13 evaluate the ecological or water quality impacts

14 of control or remediation opportunities; and

15 ‘‘(C) develop biological or biochemical cri16 teria to serve as water quality criteria and to

17 serve as effective indicators of ecological health

18 for fresh and marine surface waters, ground

19 water systems, and fresh water and coastal wet20 lands.

21 ‘‘(5) Development of improved criteria to assess

22 the physical, biological, and chemical sources of

23 stresses affecting aquatic ecosystems, including im24 pacts on habitat and water quantity, and develop25 ment of improved modeling and monitoring criteria
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1 to serve as reliable indicators of such stresses. The

2 criteria must consider the range of related

3 ecosystems (including surface and ground waters,

4 tributaries, wetlands, and runoff areas) that affect

5 or are affected by the specific water system as well

6 as the various functions served by the entire water

7 system (such as animal feeding or breeding ground,

8 recreational purpose, flood control, drinking water,

9 or irrigation).

10 SEC. 8. ECOSYSTEM MONITORING PROTOCOLS.

11 Section 305 of the Federal Water Pollution Control

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

13 the following new subsection:

14 ‘‘(c)(1) Not later than 36 months after the date of

15 enactment of this subsection, the Administrator shall issue

16 protocols based on the research and development program

17 carried out under section 104(w) for the use of the States

18 in conducting the water quality assessments required in

19 subsection (b)(1) of this section. These protocols shall seek

20 to provide an appropriate degree of uniformity while still

21 addressing regional or local needs.

22 ‘‘(2) Protocols issued under this subsection shall in23 clude specific requirements for monitoring rivers, streams,

24 estuaries, coastal waters, and lakes, including monitoring
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1 networks responsive to storm events. Such protocols shall

2 also address—

3 ‘‘(A) priority waters in each State which must

4 be assessed in order to derive usable data regarding

5 (i) the ecological status of the water bodies, and (ii)

6 the support of designated uses; and

7 ‘‘(B) uniform monitoring and modeling tech8 niques.’’.

9 SEC. 9. POLLUTION PREVENTION RESEARCH.

10 Section 104 of the Federal Water Pollution Control

11 Act (33 U.S.C. 1254) is further amended by adding at

12 the end the following new subsection:

13 ‘‘(x) In carrying out this section, the Administrator

14 shall conduct a basic research technology development and

15 demonstration program to identify, test, and demonstrate

16 cost-effective preventive measures for sources of pollution

17 in complex watersheds having a mix of land use types, in18 cluding urban, suburban, agricultural, and industrial.

19 Such program shall include the following elements:

20 ‘‘(1) Development of improved strategies and

21 technologies for simultaneously reducing water in22 flow and infiltration into sewer systems and reduc23 ing or effectively treating toxic materials and other

24 pollutants.
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1 ‘‘(2) Development of improved strategies and

2 technologies for preventing and reducing the infiltra3 tion of toxic materials into wastewater treatment fa4 cilities, including development of treatment processes

5 involving modified or engineered organisms.

6 ‘‘(3) Development of programs to enhance the

7 beneficial use of sludge.

8 ‘‘(4) Identification of wastewater sources that

9 are significant contributors to contaminated sedi10 ments that impair health and ecological systems.’’.

11 SEC. 10. WETLANDS RESEARCH.

12 Section 104 of the Federal Water Pollution Control

13 Act (33 U.S.C. 1254) is further amended by adding at

14 the end the following new subsection:

15 ‘‘(y) In carrying out this section, the Administrator

16 shall conduct a basic research, development, and dem17 onstration program for wetlands. Such program shall in18 clude the following elements:

19 ‘‘(1) A determination of whether efficacious

20 methods exist for natural wetland preservation and

21 for wetland creation and restoration for both fresh

22 and salt water wetlands. Such program shall include

23 research on—
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1 ‘‘(A) the hydrologic requirements of var2 ious plants and animals necessary to sustain

3 wetland ecosystems;

4 ‘‘(B) the importance of substrata to flora,

5 fauna, and various wetland functions such as

6 removal of toxic materials;

7 ‘‘(C) characteristics and rates of

8 revegetation with various types of plantings;

9 ‘‘(D) comparison of the functions of natu10 ral versus restored and created wetlands includ11 ing support of species, removal of toxic mate12 rials, and water quality enhancement;

13 ‘‘(E) comparison of the stability of natural

14 versus restored and created wetlands;

15 ‘‘(F) evaluation of the impact of sediments,

16 nutrients, toxic runoff, pedestrian use, off-road

17 vehicle use, and grazing on natural and both re18 stored and created wetlands; and

19 ‘‘(G) evaluation of management alter20 natives that would lessen impacts to natural

21 and both restored and created wetlands.

22 ‘‘(2) Evaluation of the uses of constructed mul23 tipurpose wetlands for environmental enhancement

24 as well as the management of water quality prob25 lems, waste disposal practices, and various other
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1 types of water impoundments. Such program shall

2 include research on—

3 ‘‘(A) evaluation of the ability of con4 structed multipurpose wetlands to provide bio5 logical diversity, habitat value, and recreational

6 opportunities, to control erosion and remove

7 and treat contaminants from natural or anthro8 pogenic sources, and to protect water quality to

9 the same extent as do naturally occurring wet10 lands;

11 ‘‘(B) development of design criteria capa12 ble of optimizing the environmental value and

13 treatment capacity of constructed multipurpose

14 wetlands; and

15 ‘‘(C) identification of strategies to incor16 porate the use of constructed multipurpose wet17 lands into comprehensive water resource man18 agement programs.’’.

19 SEC. 11. TECHNOLOGY DEMONSTRATION PROGRAM.

20 Section 105 of the Federal Water Pollution Control

21 Act (33 U.S.C. 1255) is amended to read as follows:

22 ‘‘TECHNOLOGY DEMONSTRATION PROGRAM

23 ‘‘SEC. 105. (a) IN GENERAL.—The Administrator

24 shall establish a program to develop and demonstrate

25 practices, methods, technologies, or processes which may
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1 be effective in prevention and control of industrial and mu2 nicipal sources or potential sources of water pollution.

3 ‘‘(b) GRANT ASSISTANCE.—(1) The Administrator

4 may provide grants to public agencies and authorities,

5 nonprofit organizations and institutions and enter into co6 operative agreements or contracts with other persons to

7 demonstrate water pollution control practices, methods,

8 technologies, or processes.

9 ‘‘(2) The Administrator may assist demonstration ac10 tivities only if—

11 ‘‘(A) such demonstration activity will serve to

12 demonstrate a new or significantly improved prac13 tice, method, technology, or process or the feasibility

14 and cost effectiveness of an existing, but unproven,

15 practice, method, technology, or process and will not

16 duplicate other Federal, State, local, or commercial

17 efforts to demonstrate such practice, method, tech18 nology, or process;

19 ‘‘(B) such demonstration activity meets the re20 quirements of this section and serves the purposes of

21 this Act;

22 ‘‘(C) the demonstration of such practice, meth23 od, technology, or process will comply with all other

24 laws and regulations for the protection of human

25 health, welfare, and the environment; and
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1 ‘‘(D) in the case of a contract or cooperative

2 agreement, such practice, method, technology, or

3 process would not be adequately demonstrated by

4 State, local, or private persons or in the case of an

5 application for financial assistance by a grant, such

6 practice, method, technology, or process is not likely

7 to receive adequate financial assistance from other

8 sources.

9 ‘‘(3) The demonstration program established by this

10 subsection shall include solicitations for demonstration

11 projects, selection of suitable demonstration projects from

12 among those proposed, supervision of such demonstration

13 projects, evaluation of the results of demonstration

14 projects, and dissemination of information on the effec15 tiveness and feasibility of the practices, methods, tech16 nologies, and processes which are proven to be effective.

17 ‘‘(4) Within 180 days after the date of enactment of

18 the Clean Water Act Research Amendments of 1993, and

19 no less often than annually thereafter, the Administrator

20 shall publish a solicitation for proposals to demonstrate,

21 by prototype or at full-scale, practices, methods, tech22 nologies, and processes which are (or may be) effective in

23 controlling sources or potential sources of water pollution.

24 The solicitation notice shall prescribe the information to

25 be included in the proposal, including technical and eco-
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1 nomic information derived from the applicant’s own re2 search and development efforts, a proposed demonstration

3 plan setting forth how and when the project is to be car4 ried out, and other information sufficient to permit the

5 Administrator to assess the potential effectiveness and

6 feasibility of the practice, method, technology, or process

7 proposed to be demonstrated.

8 ‘‘(5) In selecting practices, methods, technologies, or

9 processes to be demonstrated, the Administrator shall

10 fully review the applications submitted and shall evaluate

11 each project according to—

12 ‘‘(A) the potential for the proposed practice,

13 method, technology, or process to effectively control

14 sources or potential sources of pollutants which

15 present risks to human health, welfare, or the envi16 ronment;

17 ‘‘(B) the potential for the practice, method,

18 technology, or process to contribute to the advance19 ment of pollution control for an industry for which

20 an effluent guideline is published pursuant to section

21 304;

22 ‘‘(C) the potential for the practice, method,

23 technology, or process to effectively prevent the dis24 charge of pollutants which present risks to human

25 health, welfare, and the environment;
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1 ‘‘(D) the potential for the practice, method,

2 technology, or process to contribute to the advance3 ment of treatment of sewage or the management of

4 sewage sludge;

5 ‘‘(E) the potential for the practice, method,

6 technology, or process to contribute to reductions of

7 pollution associated with nonpoint sources of pollu8 tion;

9 ‘‘(F) the capability of the person or persons

10 proposing the project to successfully complete the

11 demonstration as described in the application;

12 ‘‘(G) the likelihood that the demonstrated prac13 tice, method, technology, or process could be applied

14 in other locations and circumstances to control

15 sources or potential sources of pollutants, including

16 considerations of cost, effectiveness, and techno17 logical feasibility;

18 ‘‘(H) the extent of financial support from the

19 applicant to accomplish the demonstration as de20 scribed in the application; and

21 ‘‘(I) the capability of the applicant to dissemi22 nate the results of the demonstration or otherwise

23 make the benefits of the practice, method, tech24 nology, or process widely available to the public in

25 a timely manner.
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1 ‘‘(6) The Administrator shall select or refuse to select

2 a project for demonstration under this subsection in an

3 expeditious manner. In the case of a refusal to select a

4 project, the Administrator shall notify the applicant of the

5 reasons for the refusal.

6 ‘‘(7) Each demonstration project under this sub7 section shall be performed by the applicant, or by a person

8 satisfactory to the applicant, under the oversight of the

9 Administrator.

10 ‘‘(8) Total Federal funds for any demonstration

11 project under this subsection shall not exceed 75 percent

12 of the total cost of such project. In cases where the Admin13 istrator determines that research under this section is of

14 a basic nature which would not otherwise be undertaken,

15 the Administrator may approve grants under this sub16 section with a matching requirement other than that speci17 fied in this paragraph, including full Federal funding.

18 ‘‘(c) REPORTS.—The Administrator shall, within 2

19 years after the date of enactment of the Clean Water Act

20 Research Amendments of 1993 and biennially thereafter,

21 publish general reports describing the findings of dem22 onstration projects conducted pursuant to subsection (b).

23 ‘‘(d) AUTHORIZATION.—There is authorized to be ap24 propriated to carry out this section $20,000,000 for each

25 of the fiscal years 1994 through 2000.’’.
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1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Ad3 ministrator for carrying out the amendments made by sec4 tions 2 through 10 of this Act $65,000,000 for each of

5 the fiscal years 1994 through 2000.

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