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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 522 Reported in Senate (RS)]

                                                       Calendar No. 743
106th CONGRESS
  2d Session
                                 S. 522

                          [Report No. 106-366]

To amend the Federal Water Pollution Control Act to improve the quality 
    of beaches and coastal recreation water, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1999

Mr. Lautenberg (for himself, Mr. Torricelli, Mrs. Boxer, Mr. Lieberman, 
 Mrs. Feinstein, Mr. Dodd, Mr. Kerry, Mr. Sarbanes, Mr. Moynihan, and 
 Mr. Kennedy) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                            August 25, 2000

 Reported under authority of the order of the Senate of July 26, 2000, 
            by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Water Pollution Control Act to improve the quality 
    of beaches and coastal recreation water, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Beaches Environmental 
Assessment, Closure, and Health Act of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the beaches and coastal recreation water of 
        the United States are valuable public resources that are used 
        for recreation by millions of people annually;</DELETED>
        <DELETED>    (2) the beaches of coastal States host many out-
        of-State and international visitors;</DELETED>
        <DELETED>    (3) tourism in coastal zones generates billions of 
        dollars annually;</DELETED>
        <DELETED>    (4) increased population and urbanization of 
        watershed areas have contributed to the decline in the 
        environmental quality of coastal water;</DELETED>
        <DELETED>    (5) pollution in coastal water is not restricted 
        by State or other political boundaries;</DELETED>
        <DELETED>    (6) coastal States have different methods of 
        testing and parameters for evaluating the quality of coastal 
        recreation water, resulting in the provision of varying degrees 
        of protection to the public;</DELETED>
        <DELETED>    (7) the adoption of consistent criteria by coastal 
        States would enhance public health and safety, including the 
        adoption of consistent criteria for--</DELETED>
                <DELETED>    (A) testing and evaluating the quality of 
                coastal recreation water; and</DELETED>
                <DELETED>    (B) the posting of signs at beaches 
                notifying the public during periods when the water 
                quality criteria for public safety are not met; 
                and</DELETED>
        <DELETED>    (8) while the adoption of consistent criteria 
        would enhance public health and safety, the failure to meet 
        consistent criteria should be addressed as part of a watershed 
        approach to effectively identify and eliminate sources of 
        pollution.</DELETED>
<DELETED>    (b) Purposes.--The purpose of this Act is to amend the 
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) to require 
uniform criteria and procedures for testing, monitoring, and notifying 
users of public coastal recreation water and beaches--</DELETED>
        <DELETED>    (1) to protect public safety; and</DELETED>
        <DELETED>    (2) to improve environmental quality.</DELETED>

<DELETED>SEC. 3. BEACH AND COASTAL RECREATION WATER QUALITY.</DELETED>

<DELETED>    The Federal Water Pollution Control Act (33 U.S.C. 1251 et 
seq.) is amended by adding at the end:</DELETED>

       <DELETED>``TITLE VII--BEACH AND COASTAL RECREATION WATER 
                           QUALITY</DELETED>

<DELETED>``SEC. 701. DEFINITIONS.</DELETED>

<DELETED>    ``In this title:</DELETED>
        <DELETED>    ``(1) Coastal recreation water.--The term `coastal 
        recreation water' means water adjacent to public beaches of the 
        Great Lakes and of marine coastal water (including bays, lagoon 
        mouths, and coastal estuaries within the tidal zone) used by 
        the public for--</DELETED>
                <DELETED>    ``(A) swimming;</DELETED>
                <DELETED>    ``(B) bathing;</DELETED>
                <DELETED>    ``(C) surfing; or</DELETED>
                <DELETED>    ``(D) other similar body contact 
                purposes.</DELETED>
        <DELETED>    ``(2) Floatable materials.--The term `floatable 
        materials' means any foreign matter that may float or remain 
        suspended in water, including--</DELETED>
                <DELETED>    ``(A) plastic;</DELETED>
                <DELETED>    ``(B) aluminum cans;</DELETED>
                <DELETED>    ``(C) wood;</DELETED>
                <DELETED>    ``(D) bottles;</DELETED>
                <DELETED>    ``(E) paper products; and</DELETED>
                <DELETED>    ``(F) fishing gear.</DELETED>

<DELETED>``SEC. 702. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY 
              CRITERIA BY STATES.</DELETED>

<DELETED>    ``(a) In General.--Not later than 3 years and 180 days 
after the date of enactment of this title, each State shall adopt water 
quality criteria for coastal recreation water that, at a minimum, are 
consistent with the criteria published by the Administrator under 
section 304(a)(1).</DELETED>
<DELETED>    ``(b) Development of Criteria.--Water quality criteria 
described in subsection (a) shall--</DELETED>
        <DELETED>    ``(1) be developed and promulgated in accordance 
        with section 303(c);</DELETED>
        <DELETED>    ``(2) be incorporated into all appropriate 
        programs into which a State would incorporate other water 
        quality criteria adopted under section 303(c); and</DELETED>
        <DELETED>    ``(3) not later than 3 years after the date of 
        publication of revisions by the Administrator under section 
        703(b), be revised by the State.</DELETED>
<DELETED>    ``(c) Failure of States To Adopt Criteria.--If, not later 
than 3 years and 180 days after the date of enactment of this title, a 
State has not complied with subsection (a), the water quality criteria 
issued by the Administrator under section 304(a)(1) shall--</DELETED>
        <DELETED>    ``(1) become the effective water quality criteria 
        for coastal recreational water for that State; and</DELETED>
        <DELETED>    ``(2) be considered to have been promulgated by 
        the Administrator under section 303(c)(4).</DELETED>

<DELETED>``SEC. 703. REVISIONS TO WATER QUALITY CRITERIA.</DELETED>

<DELETED>    ``(a) Studies.--Not later than 3 years after the date of 
enactment of this title, and after consultation with appropriate 
Federal, State, and local officials (including local health officials) 
and other interested persons, the Administrator shall conduct, in 
cooperation with the Under Secretary of Commerce for Oceans and 
Atmosphere, studies to provide new information for use in developing--
</DELETED>
        <DELETED>    ``(1) a more complete list of potential human 
        health risks from inhalation, ingestion, or body contact with 
        coastal recreation water, including effects on the upper 
        respiratory system;</DELETED>
        <DELETED>    ``(2) appropriate and effective indicators for 
        improving direct detection of the presence of pathogens found 
        harmful to human health in coastal recreational 
        water;</DELETED>
        <DELETED>    ``(3) appropriate, accurate, and expeditious 
        methods (including predictive models) for detecting the 
        presence of pathogens in coastal recreation water that are 
        harmful to human health; and</DELETED>
        <DELETED>    ``(4) guidance for the State-to-State application 
        of the criteria issued under subsection (b) to account for the 
        diversity of geographic and aquatic conditions throughout the 
        United States.</DELETED>
<DELETED>    ``(b) Revised Criteria.--Not later than 5 years after the 
date of enactment of this title, based on the results of the studies 
conducted under subsection (a), the Administrator, after consultation 
with appropriate Federal, State, and local officials (including local 
health officials) and other interested parties, shall--</DELETED>
        <DELETED>    ``(1) issue revised water quality criteria for 
        pathogens in coastal recreation water that are harmful to human 
        health, including a revised list of indicators and testing 
        methods; and</DELETED>
        <DELETED>    ``(2) not less than once every 5 years thereafter, 
        review and revise the water quality criteria.</DELETED>

<DELETED>``SEC. 704. COASTAL BEACH WATER QUALITY MONITORING.</DELETED>

<DELETED>    ``(a) Monitoring.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year and 180 
        days after the date of enactment of this title, the 
        Administrator shall promulgate regulations requiring monitoring 
        by the States of public coastal recreation water and beaches 
        for--</DELETED>
                <DELETED>    ``(A) compliance with applicable water 
                quality criteria; and</DELETED>
                <DELETED>    ``(B) maintenance of public 
                safety.</DELETED>
        <DELETED>    ``(2) Contents of requirements.--Monitoring 
        requirements established under this section shall specify, at a 
        minimum--</DELETED>
                <DELETED>    ``(A) available monitoring methods to be 
                used by States;</DELETED>
                <DELETED>    ``(B) the frequency and location of 
                monitoring based on--</DELETED>
                        <DELETED>    ``(i) the periods of recreational 
                        use of coastal recreation water and 
                        beaches;</DELETED>
                        <DELETED>    ``(ii) the extent and degree of 
                        recreational use during the periods described 
                        in clause (i);</DELETED>
                        <DELETED>    ``(iii) the proximity of coastal 
                        recreation water to known or identified point 
                        and nonpoint sources of pollution; 
                        and</DELETED>
                        <DELETED>    ``(iv) the relationship between 
                        the use of public recreation water and beaches 
                        to storm events;</DELETED>
                <DELETED>    ``(C) methods for--</DELETED>
                        <DELETED>    ``(i) detecting levels of 
                        pathogens that are harmful to human health; 
                        and</DELETED>
                        <DELETED>    ``(ii) identifying short-term 
                        increases in pathogens that are harmful to 
                        human health in coastal recreation water, 
                        including the relationship of short-term 
                        increases in pathogens to storm events; 
                        and</DELETED>
                <DELETED>    ``(D) conditions and procedures under 
                which discrete areas of coastal recreation water may be 
                exempted by the Administrator from the monitoring 
                requirements under this subsection, if the 
                Administrator determines that an exemption will not--
                </DELETED>
                        <DELETED>    ``(i) impair compliance with the 
                        applicable water quality criteria for that 
                        water; and</DELETED>
                        <DELETED>    ``(ii) compromise public 
                        safety.</DELETED>
<DELETED>    ``(b) Notification Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--Regulations promulgated under 
        subsection (a) shall require States to provide prompt 
        notification of a failure or the likelihood of a failure to 
        meet applicable water quality criteria for State coastal 
        recreation water, to--</DELETED>
                <DELETED>    ``(A) local governments;</DELETED>
                <DELETED>    ``(B) the public; and</DELETED>
                <DELETED>    ``(C) the Administrator.</DELETED>
        <DELETED>    ``(2) Information included in notification.--
        Notification under this subsection shall require, at a 
        minimum--</DELETED>
                <DELETED>    ``(A) the prompt communication of the 
                occurrence, nature, extent, and location of, and 
                substances (including pathogens) involved in, a failure 
                or immediate likelihood of a failure to meet water 
                quality criteria, to a designated official of a local 
                government having jurisdiction over land adjoining the 
                coastal recreation water for which the failure or 
                imminent failure to meet water quality criteria is 
                identified; and</DELETED>
                <DELETED>    ``(B) the posting of signs, during the 
                period in which water quality criteria are not met 
                continues, that are sufficient to give notice to the 
                public--</DELETED>
                        <DELETED>    ``(i) of a failure to meet 
                        applicable water quality criteria for the 
                        water; and</DELETED>
                        <DELETED>    ``(ii) the potential risks 
                        associated with water contact activities in the 
                        water.</DELETED>
<DELETED>    ``(c) Review and Revision of Regulations.--Periodically, 
but not less than once every 5 years, the Administrator shall review 
and make any necessary revisions to regulations promulgated under this 
section.</DELETED>
<DELETED>    ``(d) State Implementation.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 3 years and 180 
        days after the date of enactment of this title, each State 
        shall implement a monitoring and notification program that 
        conforms to the regulations promulgated under subsections (a) 
        and (b).</DELETED>
        <DELETED>    ``(2) Revision of program.--Not later than 2 years 
        after the date of publication of any revisions by the 
        Administrator under subsection (c), each State shall revise the 
        program established under paragraph (1) to incorporate the 
        revisions.</DELETED>
<DELETED>    ``(e) Guidance; Delegation of Responsibility.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 1 year and 180 
        days after the date of enactment of this title, the 
        Administrator shall issue guidance establishing--</DELETED>
                <DELETED>    ``(A) core performance measures for 
                testing, monitoring, and notification programs under 
                this section; and</DELETED>
                <DELETED>    ``(B) the delegation of testing, 
                monitoring, and notification programs under this 
                section to local government authorities.</DELETED>
        <DELETED>    ``(2) Delegation of responsibility to local 
        governments.--If a responsibility described in paragraph (1)(B) 
        is delegated by a State to a local government authority, or is 
        delegated to a local government authority before the date of 
        enactment of this section, State resources, including grants 
        made under section 706, shall be made available to the 
        delegated authority for the purpose of implementing the 
        delegated program in a manner that is consistent with the 
        guidance issued by the Administrator.</DELETED>
<DELETED>    ``(f) Floatable Materials Monitoring; Technical 
Assistance.--Not later than 1 year and 180 days after the date of 
enactment of this title, the Administrator shall--</DELETED>
        <DELETED>    ``(1) provide technical assistance for uniform 
        assessment and monitoring procedures for floatable materials in 
        coastal recreation water; and</DELETED>
        <DELETED>    ``(2) specify the conditions under which the 
        presence of floatable material shall constitute a threat to 
        public health and safety.</DELETED>
<DELETED>    ``(g) Occurrence Database.--The Administrator shall 
establish, maintain, and make available to the public by electronic and 
other means--</DELETED>
        <DELETED>    ``(1) a national coastal recreation water 
        pollution occurrence database using reliable information, 
        including the information reported under subsection (b); 
        and</DELETED>
        <DELETED>    ``(2) a listing of communities conforming to the 
        regulations promulgated under subsections (a) and 
        (b).</DELETED>

<DELETED>``SEC. 705. REPORT TO CONGRESS.</DELETED>

<DELETED>    ``Not later than 4 years after the date of the enactment 
of this title and periodically thereafter, the Administrator shall 
submit to Congress a report that contains--</DELETED>
        <DELETED>    ``(1) recommendations concerning the need for 
        additional water quality criteria and other actions that are 
        necessary to improve the quality of coastal recreation water; 
        and</DELETED>
        <DELETED>    ``(2) an evaluation of State efforts to implement 
        this title.</DELETED>

<DELETED>``SEC. 706. GRANTS TO STATES.</DELETED>

<DELETED>    ``(a) Grants.--The Administrator may make grants to States 
for use in meeting the requirements of sections 702 and 704.</DELETED>
<DELETED>    ``(b) Cost Sharing.--For each fiscal year, the total 
amount of funds provided through grants to a State under this section 
shall not exceed 50 percent of the cost to the State of implementing 
requirements described in subsection (a).</DELETED>
<DELETED>    ``(c) Eligible State.--Effective beginning 3 years and 180 
days after the date of enactment of this title, the Administrator may 
make a grant to a State under this section only if the State 
demonstrates to the satisfaction of the Administrator the 
implementation of the State monitoring and notification program under 
section 704 of this title.</DELETED>

<DELETED>``SEC. 707. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated--</DELETED>
        <DELETED>    ``(1) for use in making grants to States under 
        section 706, $9,000,000 for each of fiscal years 2000 through 
        2004; and</DELETED>
        <DELETED>    ``(2) for carrying out the other provisions of 
        this title, $3,000,000 for each of fiscal years 2000 through 
        2004.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Assessment and 
Coastal Health Act of 2000''.

SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRITERIA AND 
              STANDARDS BY STATES.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by adding at the end the following:
    ``(i) Coastal Recreation Water Quality Criteria.--
            ``(1) Adoption by states.--
                    ``(A) Initial criteria and standards.--Not later 
                than 42 months after the date of enactment of this 
                subsection, each State having coastal recreation waters 
                shall adopt and submit to the Administrator water 
                quality criteria and standards for the coastal 
                recreation waters of the State for those pathogens and 
                pathogen indicators for which the Administrator has 
                published criteria guidance under section 304(a).
                    ``(B) New or revised criteria and standards.--Not 
                later than 36 months after the date of publication by 
                the Administrator of new or revised water quality 
                criteria under section 304(a)(9), each State having 
                coastal recreation waters shall adopt and submit to the 
                Administrator new or revised water quality standards 
                for the coastal recreation waters of the State for all 
                pathogens and pathogen indicators to which the new or 
                revised water quality criteria guidance is applicable.
            ``(2) Failure of states to adopt.--
                    ``(A) In general.--If a State fails to adopt water 
                quality criteria and standards in accordance with 
                paragraph (1), the Administrator shall promptly propose 
                regulations described in subparagraph (A) or (B) of 
                that paragraph for the State setting forth revised or 
                new water quality standards for pathogens and pathogen 
                indicators for coastal recreation waters of the State.
                    ``(B) Exception.--If the Administrator proposes 
                regulations described in subparagraph (A) under section 
                303(c)(4)(B), the Administrator shall publish any 
                revised or new standard under this section not later 
                than 36 months after the date of publication of the new 
                or revised water quality criteria under section 
                304(a)(9).
            ``(3) Applicability.--Except as expressly provided by this 
        subsection, the requirements and procedures of subsection (c) 
        apply to this subsection, including the requirement in 
        subsection (c)(2)(A) that the criteria protect public health 
        and welfare.''.

SEC. 3. REVISIONS TO WATER QUALITY CRITERIA GUIDANCE.

    (a) Studies Concerning Pathogen Indicators in Coastal Recreation 
Waters.--Section 104 of the Federal Water Pollution Control Act (33 
U.S.C. 1254) is amended by adding at the end the following:
    ``(v) Studies Concerning Pathogen Indicators in Coastal Recreation 
Waters.--Not later than 18 months after the date of enactment of this 
subsection, after consultation and in cooperation with appropriate 
Federal, State, tribal, and local officials (including local health 
officials), the Administrator shall initiate, and, not later than 3 
years after the date of enactment of this subsection, shall complete, 
in cooperation with the heads of other Federal agencies, studies to 
provide additional information for use in developing--
            ``(1) an assessment of potential human health risks 
        resulting from exposure to pathogens in coastal recreation 
        waters, including nongastrointestinal effects;
            ``(2) appropriate and effective indicators for improving 
        detection in a timely manner in coastal recreation waters of 
        the presence of pathogens that are harmful to human health;
            ``(3) appropriate, accurate, expeditious, and cost-
        effective methods (including predictive models) for detecting 
        in a timely manner in coastal recreation waters the presence of 
        pathogens that are harmful to human health; and
            ``(4) guidance for State application of the criteria 
        guidance for pathogens and pathogen indicators to be published 
        under section 304(a)(9) to account for the diversity of 
        geographic and aquatic conditions.''.
    (b) Revised Criteria Guidance.--Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding at the 
end the following:
            ``(9) Revised criteria guidance for coastal recreation 
        waters.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this paragraph, after consultation 
                and in cooperation with appropriate Federal, State, 
                tribal, and local officials (including local health 
                officials), the Administrator shall publish new or 
                revised water quality criteria guidance for pathogens 
                and pathogen indicators (including a revised list of 
                testing methods, as appropriate), based on the results 
                of the studies conducted under section 104(v), for the 
                purpose of protecting human health in coastal 
                recreation waters.
                    ``(B) Reviews.--Not later than the date that is 5 
                years after the date of publication of water quality 
                criteria guidance under this paragraph, and at least 
                once every 5 years thereafter, the Administrator shall 
                review and, as necessary, revise the water quality 
                criteria guidance.''.

SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is amended by adding at the end the following:

``SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 
              NOTIFICATION.

    ``(a) Monitoring and Notification.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, after consultation and in 
        cooperation with appropriate Federal, State, tribal, and local 
        officials (including local health officials), and after 
        providing public notice  and an opportunity for comment, the 
Administrator shall publish performance criteria that provide for--
                    ``(A) monitoring and assessment (including 
                specifying available methods for monitoring) of coastal 
                recreation waters adjacent to beaches or other points 
                of access that are used by the public for attainment of 
                applicable water quality standards for pathogens and 
                pathogen indicators; and
                    ``(B) the prompt notification of the public, local 
                governments, and the Administrator of any exceeding of 
                or likelihood of exceeding applicable water quality 
                standards for coastal recreation waters described in 
                subparagraph (A).
            ``(2) Level of protection.--The performance criteria 
        referred to in paragraph (1) shall provide for the activities 
        described in subparagraphs (A) and (B) of that paragraph to be 
        carried out as necessary for the protection of public health 
        and safety.
    ``(b) Program Development and Implementation Grants.--
            ``(1) In general.--The Administrator may make grants to 
        States and local governments to develop and implement programs 
        for monitoring and notification for coastal recreation waters 
        adjacent to beaches or other points of access that are used by 
        the public.
            ``(2) Prioritization.--States and local governments may 
        prioritize the use of funds under paragraph (1) based on the 
        greatest risks to human health.
            ``(3) Limitations.--
                    ``(A) In general.--The Administrator may award a 
                grant to a State or a local government to implement a 
                monitoring and notification program if--
                            ``(i) the program is consistent with the 
                        performance criteria published by the 
                        Administrator under subsection (a); and
                            ``(ii) the public is provided an 
                        opportunity to review the program through a 
                        process that provides for public notice and an 
                        opportunity for comment.
                    ``(B) Grants to local governments.--The 
                Administrator is authorized to make grants for 
                implementation of a local government program under 
                subparagraph (A) only if the Administrator determines 
                that the State in which the local government is located 
                did not submit a grant application for a program that 
                meets the requirements of subsection (c) during the 1-
                year period beginning on the date of publication of 
                performance criteria under subsection (a).
            ``(4) Other requirements.--
                    ``(A) Lists of waters.--On receipt of a grant under 
                this subsection, a State, tribe, or local government 
                shall--
                            ``(i) apply the prioritization established 
                        by the State, tribe, or local government under 
                        paragraph (2); and
                            ``(ii) promptly submit to the 
                        Administrator--
                                    ``(I) a list of discrete areas of 
                                coastal recreation waters that are 
                                subject to the program for monitoring 
                                and notification for which the grant is 
                                provided; and
                                    ``(II) a list of discrete areas of 
                                coastal recreation waters that are 
                                subject to the program for monitoring 
                                and notification for which the grant is 
                                provided that specifies any coastal 
                                recreation waters for which fiscal 
                                constraints will prevent compliance 
                                with the performance criteria under 
                                subsection (a).
                    ``(B) Additional information.--A State recipient of 
                a grant under this subsection shall submit to the 
                Administrator, in such format and at such intervals as 
                the Administrator determines to be appropriate, 
                information collected as part of the program for 
                monitoring and notification under this section.
                    ``(C) Delegation.--A State recipient of a grant 
                under this subsection shall identify each local 
                government to which the State has delegated or intends 
                to delegate responsibility for implementing a 
                monitoring and notification program consistent with the 
                performance criteria published under subsection (a) 
                (including any coastal recreation waters for which the 
                authority to implement a monitoring and notification 
                program would be subject to the delegation).
            ``(5) Federal share.--
                    ``(A) In general.--The Administrator, through 
                grants awarded under this section, may pay up to 100 
                percent of the costs of developing and implementing a 
                program for monitoring and notification under this 
                subsection.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs of developing and implementing a monitoring 
                and notification program may be--
                            ``(i) in an amount not to exceed 50 
                        percent, as determined by the Administrator in 
                        consultation with State, tribal, and local 
                        government representatives; and
                            ``(ii) provided in cash or in kind.
    ``(c) Content of State and Local Government Programs.--As a 
condition of receipt of a grant under subsection (b), a State or local 
government program for monitoring and notification under this section 
shall identify--
            ``(1) lists of coastal recreation waters in the State, 
        including coastal recreation waters adjacent to beaches or 
        other points of access that are used by the public;
            ``(2) in the case of a State program for monitoring and 
        notification, the process by which the State may delegate to 
        local governments responsibility for implementing the 
        monitoring and notification program;
            ``(3) the frequency and location of monitoring and 
        assessment of coastal recreation waters based on--
                    ``(A) the periods of recreational use of the 
                waters;
                    ``(B) the nature and extent of use during certain 
                periods;
                    ``(C) the proximity of the waters to known point 
                and nonpoint sources of pollution; and
                    ``(D) any effect of storm events on the waters;
            ``(4)(A) the methods to be used for detecting levels of 
        pathogens and pathogen indicators that are harmful to human 
        health; and
            ``(B) the assessment procedures for identifying short-term 
        increases in pathogens and pathogen indicators that are harmful 
        to human health in coastal recreation waters (including 
        increases in relation to storm events);
            ``(5) measures for prompt communication of the occurrence, 
        nature, location, pollutant source involved, and extent of any 
        exceeding of, or likelihood of exceeding, applicable water 
        quality standards for pathogens and pathogen indicators to--
                    ``(A) the Administrator; and
                    ``(B) a designated official of a local government 
                having jurisdiction over land adjoining the coastal 
                recreation waters for which the failure to meet 
                applicable standards is identified;
            ``(6) measures for the posting of signs at beaches or other 
        points of access, or functionally equivalent communication 
        measures that are sufficient to give notice to the public that 
        the coastal recreation waters are not meeting or are not 
        expected to meet applicable water quality standards for 
        pathogens and pathogen indicators; and
            ``(7) measures that inform the public of the potential 
        risks associated with water contact activities in the coastal 
        recreation waters that do not meet applicable water quality 
        standards.
    ``(d) Federal Agency Programs.--Not later than 30 months after the 
date of enactment of this section, each Federal agency that has 
jurisdiction over coastal recreation waters adjacent to beaches or 
other points of access that are used by the public shall develop and 
implement, through a process that provides for public notice and an 
opportunity for comment, a monitoring and notification program for the 
coastal recreation waters that--
            ``(1) protects the public health and safety; and
            ``(2) is consistent with the performance criteria published 
        under subsection (a).
    ``(e) Information Database.--The Administrator shall establish, 
maintain, and make available to the public by electronic and other 
means a national coastal recreation water pollution occurrence database 
that provides--
            ``(1) the information reported to the Administrator under 
        subsection (b)(4)(B); and
            ``(2) other information concerning pathogens and pathogen 
        indicators in coastal recreation waters that--
                    ``(A) is made available to the Administrator by a 
                State or local government, from a coastal water quality 
                monitoring program of the State or local government; 
                and
                    ``(B) the Administrator determines should be 
                included.
    ``(f) Technical Assistance for Monitoring Floatable Material.--The 
Administrator shall provide technical assistance to States and local 
governments for the development of assessment and monitoring procedures 
for floatable material to protect public health and safety in coastal 
recreation waters.
    ``(g) List of Waters.--
            ``(1) In general.--Beginning not later than 18 months after 
        the date of publication of performance criteria under 
        subsection (a), based on information made available to the 
        Administrator, the Administrator shall maintain a list of 
        discrete coastal recreation waters adjacent to beaches or other 
        points of access that are used by the public that--
                    ``(A) are subject to a monitoring and notification 
                program consistent with the performance criteria 
                established under subsection (a); and
                    ``(B) specifies any waters described in this 
                paragraph for which there is no monitoring and 
                notification program (including waters for which fiscal 
                constraints will prevent the State from performing 
                monitoring and notification consistent with the 
                performance criteria established under subsection (a)).
            ``(2) Availability.--The Administrator shall make the list 
        described in paragraph (1) available to the public through--
                    ``(A) publication in the Federal Register; and
                    ``(B) electronic media.
            ``(3) Updates.--The Administrator shall update the list 
        described in paragraph (1) periodically as new information 
        becomes available.
    ``(h) EPA Implementation.--
            ``(1) In general.--In the case of a State that has no 
        program for monitoring and notification that is consistent with 
        the performance criteria published under subsection (a), the 
        Administrator shall conduct a monitoring and notification 
        program for coastal recreation waters in that State using the 
        funds appropriated for grants under subsection (i)--
                    ``(A) to conduct monitoring and notification; and
                    ``(B) for related salaries, expenses, and
                travel.
            ``(2) Prioritization.--In conducting a monitoring and 
        notification program under paragraph (1), the Administrator 
        shall apply any prioritization developed by the State under 
        subsection (b)(2).
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under subsection (b), including 
implementation of monitoring and notification programs by the 
Administrator under subsection (h), $30,000,000 for each of fiscal 
years 2001 through 2005.''.

SEC. 5. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end the following:
            ``(21) Coastal recreation waters.--
                    ``(A) In general.--The term `coastal recreation 
                waters' means the Great Lakes and other marine coastal 
                waters (including coastal estuaries) that are used by 
                the public for swimming, bathing, surfing, or other 
                similar water contact activities.
                    ``(B) Exclusion.--The term `coastal recreation 
                waters' does not include inland waters.
            ``(22) Floatable material.--
                    ``(A) In general.--The term `floatable material' 
                means any foreign matter that may float or remain 
                suspended in the water column.
                    ``(B) Inclusions.--The term `floatable material' 
                includes--
                            ``(i) plastic;
                            ``(ii) aluminum cans;
                            ``(iii) wood products;
                            ``(iv) bottles; and
                            ``(v) paper products.
            ``(23) Pathogen indicator.--The term `pathogen indicator' 
        means a substance that indicates the potential for human 
        infectious disease.''.

SEC. 6. INDIAN TRIBES.

    Section 518(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(e)) is amended by striking ``and 404'' and inserting ``404, 
and 406''.

SEC. 7. REPORT.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, and every 4 years thereafter, the Administrator of the 
Environmental Protection Agency shall submit to Congress a report that 
includes--
            (1) recommendations concerning the need for additional 
        water quality criteria guidance for pathogens and pathogen 
        indicators and other actions that should be taken to improve 
        the quality of coastal recreation waters;
            (2) an evaluation of Federal, State, and local efforts to 
        implement this Act, including the amendments made by this Act; 
        and
            (3) recommendations on improvements to methodologies and 
        techniques for monitoring of coastal recreation waters.
    (b) Coordination.--The Administrator of the Environmental 
Protection Agency may coordinate the report under this section with 
other reporting requirements under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out the provisions of this Act, including the amendments made by this 
Act, for which amounts are not otherwise specifically authorized to be 
appropriated, such sums as are necessary for each of fiscal years 2001 
through 2005.
    (b) Budget Request.--The Administrator of the Environmental 
Protection Agency shall request that Congress appropriate funds to 
carry out this Act.

                                                       Calendar No. 743

106th CONGRESS

  2d Session

                                 S. 522

                          [Report No. 106-366]

_______________________________________________________________________

                                 A BILL

To amend the Federal Water Pollution Control Act to improve the quality 
    of beaches and coastal recreation water, and for other purposes.

_______________________________________________________________________

                            August 25, 2000

                       Reported with an amendment
```