II

103D CONGRESS

1ST SESSION S. 1722

To amend the Federal Water Pollution Control Act to reserve a portion

of the funds made available for capitalization grants for water pollution

control revolving funds for the purpose of making grants to States

that set aside amounts of State funds for water pollution control in

excess of the amounts required under such Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Mr. KOHL (for himself and Mr. FEINGOLD) introduced the following bill;

which was read twice and referred to the Committee on Environment and

Public Works

A BILL

To amend the Federal Water Pollution Control Act to reserve

a portion of the funds made available for capitalization

grants for water pollution control revolving funds for

the purpose of making grants to States that set aside

amounts of State funds for water pollution control in

excess of the amounts required under such Act, and

for other purposes.

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 ‘‘Level of Effort Clean

5 Water Bonus Fund Act of 1993’’.
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1 SEC. 2. LEVEL OF EFFORT CAPITALIZATION GRANTS.

2 (a) IN GENERAL.—Section 604 of the Federal Water

3 Pollution Control Act (33 U.S.C. 1384) is amended—

4 (1) in subsection (a), by striking ‘‘Sums’’ and

5 inserting ‘‘Subject to subsection (d), sums’’; and

6 (2) by adding at the end the following new sub7 section:

8 ‘‘(d) LEVEL OF EFFORT CAPITALIZATION GRANTS.—

9 ‘‘(1) IN GENERAL.—For each fiscal year, the

10 Administrator shall reserve 20 percent of the funds

11 made available for capitalization grants under this

12 title for making level of effort capitalization grants

13 to eligible States in accordance with this subsection.

14 A State that receives a grant under this subsection

15 shall deposit an amount equal to the amount of the

16 grant into the water pollution control revolving fund

17 of the State established under this title.

18 ‘‘(2) ELIGIBILITY.—A State shall be eligible to

19 receive a grant under this subsection if the State—

20 ‘‘(A) submits an application for the grant

21 to the Administrator in such form and at such

22 time as the Administrator shall require; and

23 ‘‘(B) for the fiscal year preceding the fiscal

24 year for which the application is submitted, de25 posits—
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1 ‘‘(i) an amount of State funds in addi2 tion to the amount required under section

3 602(b)(2) into the water pollution control

4 revolving fund of the State established

5 under this title;

6 ‘‘(ii) an amount of State funds into a

7 non-Federal revolving fund that the Ad8 ministrator determines is subject to re9 quirements that are substantially similar to

10 the requirements of the fund referred to in

11 clause (i); or

12 ‘‘(iii) both an amount as described in

13 clause (i) and an amount as described in

14 clause (ii).

15 ‘‘(3) AMOUNT OF GRANTS.—

16 ‘‘(A) IN GENERAL.—Subject to subpara17 graph (B), a grant to a State under this sub18 section shall be in an amount equal to the total

19 amounts deposited as described in paragraph

20 (2)(B).

21 ‘‘(B) LIMITATIONS.—

22 ‘‘(i) STATE MAXIMUM.—For each fis23 cal year, no State may receive a grant

24 under this subsection in an amount that is
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1 greater than 20 percent of the amount of

2 funds reserved under paragraph (1).

3 ‘‘(ii) INSUFFICIENT FUNDS.—If, for

4 any fiscal year, the sum of the grant

5 amounts calculated under subparagraph

6 (A) for all eligible States is greater than

7 the amount of funds reserved under para8 graph (1), the Administrator shall make a

9 grant to each eligible State in an amount

10 that is equal to the product obtained by

11 multiplying—

12 ‘‘(I) the amount of funds re13 served under paragraph (1); by

14 ‘‘(II) the quotient obtained by di15 viding—

16 ‘‘(aa) the grant amount cal17 culated under subparagraph (A)

18 for the State; by

19 ‘‘(bb) the sum of the grant

20 amounts calculated under sub21 paragraph (A) for all eligible

22 States.’’.

23 (b) CONFORMING AMENDMENTS.—Section 602(b) of

24 such Act (33 U.S.C. 1382(b)) is amended—
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1 (1) in paragraph (2), by inserting ‘‘except with

2 respect to grants made to the State under section

3 604(d),’’ before ‘‘the State will deposit’’; and

4 (2) in paragraph (3), by inserting ‘‘, except that

5 with respect to grants made to the State under sec6 tion 604(d), the State will enter into binding com7 mitments to provide the assistance in an amount

8 equal to 100 percent of the amount of each grant

9 payment’’ before the semicolon at the end.

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