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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2093 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 424

103d CONGRESS

  2d Session

                                S. 2093

                          [Report No. 103-257]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                 May 10 (legislative day, May 2), 1994

                 Read twice and placed on the calendar

                                                       Calendar No. 424
103d CONGRESS
  2d Session
                                S. 2093

                          [Report No. 103-257]

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 10 (legislative day, May 2), 1994

    Mr. Baucus, from the Committee on Environment and Public Works, 
 reported the following original bill; which was read twice and placed 
                            on the calendar

_______________________________________________________________________

                                 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 1994''.
    (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 phaseout.
Sec. 204. Pretreatment program.
Sec. 205. Pollution prevention planning.
Sec. 206. Integrated pollution prevention and control.
      TITLE III--NONPOINT POLLUTION CONTROL AND WATERSHED PLANNING

Sec. 301. Water quality monitoring.
Sec. 302. Nonpoint source pollution control.
Sec. 303. Comprehensive watershed planning and management.
                 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. Water program research.
Sec. 602. State certification.
Sec. 603. Employee protection.
Sec. 604. Reports to Congress.
Sec. 605. Definitions.
Sec. 606. Indian programs.
Sec. 607. Clean water education.
Sec. 608. Arid West water quality.
Sec. 609. Ocean discharge and wastewater reclamation.
Sec. 610. Environmental education challenge grant program.
Sec. 611. Land acquisition.
Sec. 612. Environmental finance.
Sec. 613. Clean lakes.
Sec. 614. Labor standards.
Sec. 615. Consultation with other agencies.
Sec. 616. Operator training and certification.
Sec. 617. Limitation on funding.
Sec. 618. Technical amendments to section headings.
                          TITLE VII--WETLANDS

Sec. 701. Declaration of policies and goals.
Sec. 702. Definition and delineation of wetlands.
Sec. 703. Regulation of activities.
Sec. 704. Permit processing improvements.
Sec. 705. General permit improvements.
Sec. 706. Coordination and clarification of program concerning 
                            agricultural activities.
Sec. 707. Mitigation banks.
Sec. 708. Grant authority for research, investigation, and training.
Sec. 709. Reports and analysis.
Sec. 710. Wetlands conservation, management, and restoration.
Sec. 711. Grants to States for operation of State wetlands programs.
                     TITLE VIII--COASTAL PROTECTION

Sec. 801. National estuary program.
Sec. 802. Marine water quality criteria and standards.
Sec. 803. National marine water quality education program.
Sec. 804. Marine sanitation devices.
Sec. 805. Ocean discharge criteria.
Sec. 806. Combined sewer overflow control assistance.
Sec. 807. Coastal beach water quality monitoring.
Sec. 808. Marine waters report to Congress.
Sec. 809. Definitions.
                    TITLE IX--INNOVATIVE TECHNOLOGY

Sec. 901. Technology development.
Sec. 902. Innovative production processes, technologies, and methods.
Sec. 903. Innovative pretreatment.
Sec. 904. Verification of innovative technologies.
Sec. 905. Small business source assistance program.
               TITLE X--INTERSTATE WATER QUALITY PROGRAMS

Sec. 1001. Gulf of Mexico.
Sec. 1002. Great Lakes.
Sec. 1003. Chesapeake Bay.
Sec. 1004. Clark Fork-Pend Oreille watershed program.
Sec. 1005. Gulf of Maine.
Sec. 1006. Mississippi River.
Sec. 1007. Long Island Sound.
Sec. 1008. Narragansett Bay.
Sec. 1009. San Francisco Bay-Delta Estuary.
Sec. 1010. Lake Champlain.
    (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, especially pollutants causing adverse 
        developmental effects, remain a significant threat to aquatic 
        species and to human health. Pollution from nonpoint sources 
        causes significant water quality impairments.
            (3) There is a substantial need for water quality projects 
        throughout the country. The cost of sewage treatment projects 
        is estimated to be $130,000,000,000.
            (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 combined storm and sanitary sewer 
        overflows 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.
            (10) Among the most valuable waters of the United States 
        are wetlands. Wetlands purify water by filtering pollutants and 
        sediment, recharge ground water aquifers, help control erosion 
        along coastal and riparian shorelines, protect lives and 
        property from flooding, provide essential habitat for fish and 
        wildlife, and afford abundant opportunities for outdoor 
        recreation.
            (11) Despite the importance of wetlands, the United States 
        has lost more than half of the estimated 220,000,000 acres of 
        wetlands that existed in colonial times. While the rate of 
        wetlands loss has slowed in recent years, the United States 
        continues to suffer significant wetlands losses.
            (12) Substantial opportunities exist to improve wetlands 
        conservation by more effectively controlling the full range of 
        activities that destroy wetlands, providing greater consistency 
        in the implementation of Federal wetlands conservation 
        programs, simplifying landowner compliance with the programs, 
        and encouraging the States to assume a greater role in wetlands 
        conservation.
    (b) Purpose.--The purpose of this Act is to reauthorize the Federal 
Water Pollution Control Act in order to provide expanded assistance to 
State and local governments, address remaining water pollution control 
problems, employ new pollution control strategies, enhance wetlands 
conservation, 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 
        other person, to carry out 1 or more of the following 
        activities:
                    ``(A) The construction of a publicly owned 
                treatment works, as defined in section 212, including 
                publicly owned facilities necessary to comply with a 
                permit for a discharge of stormwater issued pursuant to 
                section 402.
                    ``(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) Implementing water use efficiency projects or 
                activities, including the installation of water saving 
                plumbing fixtures that are cost effective alternatives 
                to expanding capacity for treatment works that are 
                publicly owned.
                    ``(G) Carrying out projects identified in a 
                watershed plan prepared and approved pursuant to 
                section 321.
                    ``(H) Implementing a Lakewide Management Plan or 
                Remedial Action Plan developed and approved pursuant to 
                section 118.
                    ``(I) Developing and implementing pollution 
                prevention plans.
                    ``(J) Constructing an animal waste management 
                facility approved pursuant to section 319.
                    ``(K) Implementing a lake protection project 
                developed pursuant to section 314.
            ``(2) Limitation on assistance.--
                    ``(A) Discharge activities.--Assistance provided 
                under this subsection to a person, other than a 
                municipality, for an activity related to a discharge 
                shall be limited to an activity not otherwise required 
                by this Act or other Federal law.
                    ``(B) Other activities.--Assistance provided under 
                this subsection for projects eligible pursuant to 
                subparagraphs (G) through (J) of paragraph (1) shall be 
                limited to projects that are consistent with a 
                watershed plan prepared under section 321.
                    ``(C) Watershed plan implementation.--Funds 
                allotted to a State pursuant to section 604(a)(3) shall 
                be used to assist only those projects and activities 
                eligible for assistance pursuant to paragraph (1)(F), 
                except that an amount equal to \1/2\ of 1 percent of 
                the total amount allotted under section 604(a)(3) may 
                be used by any State to implement plans developed on a 
                watershed-by-watershed basis under other provisions of 
                this Act, including sections 118, 208, 303(e), 319, and 
                320.
            ``(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 acquisition price (as determined in accordance with the 
        Uniform Relocation Assistance and Real Property Acquisition 
        Policies Act of 1970 (42 U.S.C. 4601 et seq.)).''.
    (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''; and
                            (ii) by striking ``201(g)(3), 201(g)(5), 
                        201(g)(6), 201(n)(1), 201(o), 204(a)(1), 
                        204(a)(2),''.
                    (B) Grants for construction of treatment works.--
                Section 201 (33 U.S.C. 1281) is amended--
                            (i) in the second sentence of subsection 
                        (g)(1), by inserting ``combined sewer overflow 
                        correction,'' after ``and appurtenances,'';
                            (ii) 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
                            (iii) 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) User charges.--Subparagraph (A) of the first 
                sentence of section 204(b)(1) (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.--Subject to subparagraph 
                        (B), 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.--
            (1) In general.--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 meet affordability 
        criteria established by the State in which the treatment works 
        is located (after providing for public review and comment) in 
        accordance with guidelines to be established by the 
        Administrator in cooperation with the States.
            ``(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, notwithstanding 
        subsections (c) and (d) and section 601(c)(3), provide such 
        additional subsidization (including the forgiveness of 
        principal) for projects for the communities as is necessary to 
        ensure conformity with affordability criteria established by 
        the State.
            ``(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.''.
            (2) Loan repayment.--Section 603(d)(1) (33 U.S.C. 
        1383(d)(1)) is amended by striking subparagraph (B) and 
        inserting the following new subparagraph:
                    ``(B) annual principal and interest payments will 
                commence not later than 1 year after the date of 
                completion of any project and all loans will be fully 
                amortized not later than 20 years after the date of 
                project completion, except that in the case of a 
                disadvantaged community (as defined in subsection 
                (h)(1)), a State may provide an extended term for a 
                loan, if the extended term--
                            ``(i) terminates not later than the date 
                        that is 30 years after the date of project 
                        completion; and
                            ``(ii) does not exceed the expected design 
                        life of the project.''.
    (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 and Territories.--
            ``(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, 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.
            ``(3) Innovative projects.--Notwithstanding any other 
        provision of this title, if the Administrator finds that an 
        innovative or alternative process or technology funded pursuant 
        to title II has not met design performance specifications and 
        has significantly increased capitalization or operation or 
        maintenance costs, and such failure of the process or 
        technology to meet design specifications is not attributable to 
        negligence on the part of any person, a State may use funds 
        allotted to the State pursuant to this title to award a grant 
        for up to 100 percent of the cost of a modification or 
        replacement of the process or technology.''.
            (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, up to \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''.
            (3) Management 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.--Subsection (a) of section 604 (33 U.S.C. 
1384(a)) is amended to read as follows:
    ``(a) Formula.--
            ``(1) Fiscal years 1995-1998.--The Administrator shall, not 
        later than 90 days prior to the beginning of each fiscal year, 
        allot the amounts, other than amounts reserved pursuant to 
        paragraph (3), appropriated for each of fiscal years 1995, 
        1996, 1997, and 1998 as authorized by section 607 among States 
        according to the following table:

        Alabama............................................   0.0074880
        Alaska.............................................   0.0060890
        Arizona............................................   0.0088534
        Arkansas...........................................   0.0066525
        California.........................................   0.0724306
        Colorado...........................................   0.0062103
        Connecticut........................................   0.0154580
        Delaware...........................................   0.0050000
        District of Columbia...............................   0.0050000
        Florida............................................   0.0418628
        Georgia............................................   0.0171463
        Hawaii.............................................   0.0062055
        Idaho..............................................   0.0050000
        Illinois...........................................   0.0503257
        Indiana............................................   0.0299366
        Iowa...............................................   0.0063147
        Kansas.............................................   0.0091679
        Kentucky...........................................   0.0148847
        Louisiana..........................................   0.0103317
        Maine..............................................   0.0078667
        Maryland...........................................   0.0163670
        Massachusetts......................................   0.0497215
        Michigan...........................................   0.0377578
        Minnesota..........................................   0.0109359
        Mississippi........................................   0.0062294
        Missouri...........................................   0.0152878
        Montana............................................   0.0050000
        Nebraska...........................................   0.0052082
        Nevada.............................................   0.0050000
        New Hampshire......................................   0.0074891
        New Jersey.........................................   0.0447309
        New Mexico.........................................   0.0050000
        New York...........................................   0.1460189
        North Carolina.....................................   0.0265241
        North Dakota.......................................   0.0050000
        Ohio...............................................   0.0492381
        Oklahoma...........................................   0.0062119
        Oregon.............................................   0.0123016
        Pennsylvania.......................................   0.0404575
        Rhode Island.......................................   0.0068288
        South Carolina.....................................   0.0062527
        South Dakota.......................................   0.0050000
        Tennessee..........................................   0.0147360
        Texas..............................................   0.0360380
        Utah...............................................   0.0053643
        Vermont............................................   0.0050000
        Virginia...........................................   0.0233919
        Washington.........................................   0.0210686
        West Virginia......................................   0.0169661
        Wisconsin..........................................   0.0132526
        Wyoming............................................   0.0050000
        American Samoa.....................................   0.0002793
        Guam...............................................   0.0003569
        Northern Marianas..................................   0.0003336
        Palau..............................................   0.0001239
        Puerto Rico........................................   0.0127526
        Virgin Islands.....................................  0.0005508.
            ``(2) Fiscal years 1999-2000.--
                    ``(A) In general.--The Administrator shall, not 
                later than 90 days prior to the beginning of each 
                fiscal year, allot amounts, other than amounts reserved 
                pursuant to paragraph (3), appropriated for each of 
                fiscal years 1999 and 2000 as authorized by section 607 
                among the States in the ratio that the documented cost 
                of constructing all publicly owned treatment facilities 
                in categories I, II, III, IV, and V (as defined in the 
                1992 Needs Survey and as set forth in the most recent 
                needs assessment compiled pursuant to section 516(b)) 
                bears to the cost of constructing the publicly owned 
                treatment facilities in all of the States.
                    ``(B) Minimum share.--Each of the 50 States shall 
                receive not less than \1/2\ of 1 percent of the sums 
                allotted pursuant to this paragraph.
                    ``(C) Minimum allocation.--Except as provided in 
                subparagraph (B), no State shall receive an allotment 
                under this paragraph that is less than 90 percent of 
                the proportionate share received in fiscal year 1997.
                    ``(D) Reduction of funds.--The Administrator is 
                authorized to reduce proportionally the funds allotted 
                to any State under this paragraph that receives an 
                allotment greater than that received in fiscal year 
                1997, to ensure the availability of funds to carry out 
                subparagraph (C).
            ``(3) Watershed planning.--
                    ``(A) Reservation of funds.--Of the amounts 
                appropriated as authorized by section 607 in each 
                fiscal year, the Administrator shall, prior to making 
                any allocation under paragraph (1) or (2), reserve for 
                the purposes of this paragraph, the following 
                percentages:
                            ``(i) 5 percent in fiscal year 1996.
                            ``(ii) 10 percent in fiscal year 1997.
                            ``(iii) 15 percent in fiscal year 1998.
                            ``(iv) 20 percent in fiscal year 1999.
                            ``(v) 25 percent in fiscal year 2000.
                    ``(B) Allocation to states.--The Administrator 
                shall allot the amounts reserved pursuant to this 
                paragraph among States in each fiscal year based on a 
                formula reflecting the cost and water quality benefits 
                of projects included in comprehensive watershed 
                management plans approved by the Administrator pursuant 
                to section 321. Each State shall receive that portion 
                of the funds 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)(G) for the State 
                bears to the total amount of costs of projects eligible 
                for assistance under section 603(c)(1)(G) for all 
                States, except that the Administrator may adjust the 
                ratio to give greater weight in the formula to low-
                cost, non-structural projects with commensurately 
                larger water quality benefits. Each of the 50 States 
                shall receive not less than \1/2\ of 1 percent of the 
                sums allotted pursuant to this paragraph.''.
    (g) Reallotment of Unobligated Funds.--Section 604(c)(2) (33 U.S.C. 
1384(c)(2)) is amended by striking the first sentence and inserting the 
following new sentence: ``The amount of any allotment not obligated by 
the State by the last day of the 2-year period of availability 
established by paragraph (1) shall be immediately reallotted by the 
Administrator on the basis of the same ratio as is applicable to sums 
allotted under paragraph (1) or (2) of subsection (a) for the second 
fiscal year of the 2-year period.''.
    (h) 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.''.
    (i) Interest Subsidy.--Section 603(d) (33 U.S.C. 1383(d)) is 
amended--
            (1) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively; and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) as a source of revenue or security for the payment of 
        interest on a local obligation, except that no funds made 
        available directly by capitalization grants under this title or 
        funds provided by the State as matching funds for the grants 
        may be used for the purpose described in this paragraph;''.
    (j) 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.''.
    (k) 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'';
                            (ii) by striking ``1987, 1988, 1989, and 
                        1990'' and inserting ``1987 through 2000''; and
                            (iii) by striking the last sentence 
                        (including the table); and
                    (B) in section 218(c) (33 U.S.C. 1298(c)), by 
                striking ``$10,000,000'' and inserting ``$25,000,000''.
            (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.
            (3) State management funds.--The first sentence of section 
        205(g)(1) (33 U.S.C. 1285(g)(1)) is amended--
                    (A) by striking ``$400,000'' and inserting 
                ``$500,000''; and
                    (B) by inserting before the period at the end the 
                following: ``, or a greater amount as determined by the 
                Administrator after consultation with the State''.
    (l) Reservation of Funds for New York.--The Administrator of the 
Environmental Protection Agency shall reserve from funds allotted to 
the State of New York pursuant to section 604(a)(1) of the Federal 
Water Pollution Control Act (33 U.S.C. 1384(a)(1)) $20,000,000 for each 
of fiscal years 1996 through 2000. Funds reserved pursuant to this 
subsection shall be available to make a grant to implement a plan for 
the elimination of discharges to Onondaga Lake, New York, and for 
related activities. Funds reserved pursuant to this subsection shall 
remain available for obligation in the year in which the funds were 
appropriated and the following fiscal year. For each fiscal year, any 
funds reserved pursuant to this subsection that are not obligated 
pursuant to this subsection shall be added to the amounts made 
available to the State of New York pursuant to title VI of such Act (33 
U.S.C. 1381 et seq.) in the following fiscal year.

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), 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. The 
Administrator shall give preference for grant assistance under this 
section to States that have established a program under section 123.''.
    (c) Allotments.--Subsection (c) of section 106 (33 U.S.C. 1256(c)) 
is amended to read as follows:
    ``(c) Allotments.--Sums made available by appropriation pursuant to 
subsection (a) for any fiscal year 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.''.
    (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) Performance Goals and Indicators.--Section 106 (33 U.S.C. 
1256), as amended by subsection (f), is further amended by adding at 
the end the following new subsection:
    ``(i) Performance Goals and Indicators.--
            ``(1) In general.--The Administrator shall, after 
        consultation with the Comptroller General of the United States 
        and the water pollution control officials of the several 
        States, identify national goals for the water quality 
        protection and restoration programs established under this Act, 
        including the goals established by section 101, and develop 
        performance measures and indicators by which attainment of the 
        goals can be measured.
            ``(2) Guidance to the states.--Not later than 2 years after 
        the date of enactment of this subsection, the Administrator 
        shall publish guidance for the operation of Federal and State 
        water quality programs providing for performance-based 
        evaluation of the programs. The guidance shall--
                    ``(A) identify water quality goals for the 
                programs, including attainment and maintenance of water 
                quality standards for waters of various types;
                    ``(B) specify performance measures and indicators 
                by which achievement of program goals can be measured;
                    ``(C) reflect regional variations in water quality 
                conditions and problems and new developments in science 
                and technology; and
                    ``(D) identify data collection practices necessary 
                to support the development of performance measures and 
                indicators.
            ``(3) Existing data.--In developing the guidance required 
        by paragraph (2), the Administrator shall consider the utility 
        of available data and information systems and the costs of 
        collecting, storing, and retrieving additional data.
            ``(4) Reporting.--The Administrator shall include program 
        performance indicators developed pursuant to this subsection in 
        reports prepared pursuant to section 305(c).''.
    (h) Conforming Amendment.--The section heading of section 106 (33 
U.S.C. 1256) is amended to read as follows:

               ``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.--Section 304(b) (33 U.S.C. 1314(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``currently''; and
                            (ii) by striking ``and'' at the end of the 
                        subparagraph;
                    (B) by inserting ``and'' at the end of subparagraph 
                (B); and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) in determining the best practicable control 
        technology available, give highest priority, consistent with 
        the factors identified in subparagraph (B), to source reduction 
        measures and practices, including changes in production 
        processes, that reduce, avoid, or eliminate the generation of 
        pollutants, including toxic or hazardous byproducts.'';
            (2) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by inserting ``and'' at the end of subparagraph 
                (B); and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(C) in determining the best practices and measures, give 
        highest priority, consistent with the factors identified in 
        subparagraph (B), to source reduction measures and practices, 
        including changes in production processes, that reduce, avoid, 
        or eliminate the generation of pollutants, including toxic or 
        hazardous byproducts.'';
            (3) by striking ``and'' at the end of paragraph (3);
            (4) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (5) by adding at the end the following new paragraphs:
            ``(5) identify control measures available to prohibit or 
        limit the release of pollutants associated with wastewater that 
        are subject to a guideline under this subsection to other 
        environmental media (including ground water), taking into 
        account the cost of achieving the prohibition or limitation on 
        releases; and
            ``(6) prohibit specific control measures or practices that 
        the Administrator determines are likely to have a significant 
        adverse effect on any environmental medium.''.
    (b) New Source Performance Standards.--Section 306(a)(1) (33 U.S.C. 
1316(a)(1)) is amended--
            (1) by striking ``(1) The'' and inserting the following:
            ``(1) Standard of performance.--
                    ``(A) In general.--The''; and
            (2) by adding at the end the following new subparagraph:
                    ``(B) Factors to be considered.--In determining the 
                best available demonstrated control technology, the 
                Administrator shall--
                            ``(i) give highest priority, consistent 
                        with the factors identified in subparagraph 
                        (A), to source reduction measures and 
                        practices, including changes in production 
                        processes, that reduce, avoid, or eliminate the 
                        generation of pollutants, including toxic or 
                        hazardous byproducts;
                            ``(ii) prohibit or limit the release of 
                        pollutants associated with wastewater that are 
                        subject to a standard pursuant to this section 
                        to other environmental media (including ground 
                        water) to the greatest degree that the 
                        Administrator determines achievable through 
                        application of best demonstrated control 
                        technology, processes, operating methods, or 
                        other alternatives for the category or class of 
                        sources to which the standard applies; and
                            ``(iii) prohibit specific control measures 
                        or practices that the Administrator determines 
                        are likely to have a significant adverse impact 
                        on any environmental medium.''.
    (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 
        pollutants into any treatment works (as defined in section 212) 
        that is publicly owned. The regulations promulgated under this 
        section shall--
                    ``(A) address, at a minimum, each pollutant subject 
                to an effluent guideline under section 301 or 304 for 
                sources in the same class or category, unless the 
                Administrator determines that the pollutant is 
                biodegradable and publicly owned treatment works will 
                achieve a level of treatment for the pollutant 
                equivalent to the level of treatment that would be 
                required if the pollutant was discharged and subject to 
                a guideline published pursuant to section 304(b); and
                    ``(B) be established to prevent the discharge of 
                any pollutant through the treatment works that--
                            ``(i) interferes with, passes through, or 
                        is otherwise incompatible with the treatment 
                        works; or
                            ``(ii) causes or contributes to the 
                        contamination of or prevents the beneficial 
                        reuse of sewage sludge.
            ``(2) Requirements for categorical pretreatment 
        standards.--Each pretreatment standard for a particular 
        industrial category established under paragraph (1) shall--
                    ``(A) reflect the application of the best control 
                measures and practices achievable for the class or 
                category of sources to which the standard applies 
                considering the factors set forth in sections 301 and 
                304(b)(2);
                    ``(B) with respect to the determination of the best 
                control measures and practices under subparagraph (A), 
                give highest priority, consistent with the factors 
                identified in subparagraph (A), to source reduction 
                measures and practices, including changes in production 
                processes, that reduce, avoid, or eliminate the 
                generation of pollutants, including toxic or hazardous 
                byproducts;
                    ``(C) require 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, unless the Administrator determines that the 
                pollutant is biodegradable and publicly owned treatment 
                works will achieve a level of treatment for the 
                pollutant equivalent to the level of treatment that 
                would be required if the pollutant was discharged and 
                subject to a guideline published pursuant to section 
                304(b);
                    ``(D) prohibit or limit the release of pollutants 
                associated with wastewater that are subject to a 
                standard pursuant to this section to other 
                environmental media (including ground water), 
                consistent with the factors identified in sections 
                301(b) and 304(b)(2)(B) for the category or class of 
                sources to which the standard applies;
                    ``(E) prohibit specific control measures or 
                practices that the Administrator determines are likely 
                to have a significant adverse impact on any 
                environmental medium; and
                    ``(F) 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) Compliance date.--Each pretreatment standard 
        promulgated under this subsection shall specify a date for 
        compliance as expeditiously as practicable, but not later than 
        3 years after the date of promulgation of the standard.''.
            (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), and may be more stringent than a standard 
                promulgated under such subsection for existing sources;
                    ``(B) be no less stringent than any standard of 
                performance promulgated under section 306 for the 
                pollutants (other than conventional pollutants) and the 
                category or class of sources to which the pretreatment 
                standard applies; and
                    ``(C) be effective on the date of promulgation for 
                sources that commenced construction after the date the 
                standard was proposed.''.
    (d) Conforming Amendments.--Section 301(b) (33 U.S.C. 1311(b)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)(ii), by striking ``which 
                meets the requirements of subparagraph (B) of this 
                paragraph,'';
                    (B) in subparagraph (C), by inserting after ``not 
                later than July 1, 1977,'' the following: ``or, with 
                respect to a limitation issued after July 1, 1977, as 
                expeditiously as practicable, but not later than 3 
                years after the date the limitation is issued,''; and
                    (C) by adding after subparagraph (C) the following 
                new sentence:
        ``A permit issued under section 402 may contain a compliance 
        schedule for a limitation referred to in subparagraph (C) only 
        if the compliance schedule is not precluded by any State law 
        (including any regulation), and either the effluent limitation 
        applicable to the pollutant is more stringent than the 
        limitation in the previous permit or the previous permit did 
        not include a limitation applicable to the pollutant.''; and
            (2) in paragraphs (2) and (3)(A), by striking ``, and in no 
        case later than March 31, 1989'' each place it appears.
    (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.--Each effluent guideline (and each 
        related requirement, including any limitation) required 
        pursuant to subsection (b) or promulgated under section 304(b) 
        shall be reviewed and revised 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 an effluent guideline, including advances in 
        pollution control technology or source reduction practices, 
        that are likely to achieve a significant reduction in the 
        volume or toxicity of pollutants discharged to navigable waters 
        by sources in the category or class of sources to which the 
        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) shall 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 
                shall not apply with respect to the existing sources.
            ``(5) Coordination with other environmental laws.--In 
        developing a plan pursuant to this section, the Administrator 
        shall, if appropriate, coordinate the development of effluent 
        guidelines with the development of related standards or 
        requirements under other environmental laws, including the 
        Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean 
        Air Act (42 U.S.C. 7401 et seq.).''.
            (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 consent decree in Natural Resources 
        Defense Council v. Reilly, Civ. No. 89-2980 (D.D.C. filed 
        January 25, 1991).
    (f) Plant Site Runoff.--The first sentence of section 304(e) (33 
U.S.C. 1314(e)) is amended by striking ``for any specific pollutant 
which the Administrator is charged with a duty to regulate as a toxic 
or hazardous pollutant under section 307(a)(1) or 311 of this Act,''.

SEC. 202. WATER QUALITY CRITERIA AND STANDARDS.

    (a) Criteria Documents.--Section 304(a) (33 U.S.C. 1314(a)) is 
amended--
            (1) by striking ``(a)(1) The Administrator'' and inserting 
        the following:
    ``(a) Criteria and Information.--
            ``(1) In general.--The Administrator'';
            (2) in paragraph (1)(A), by striking the semicolon at the 
        end and inserting ``, and the sediment associated with the 
        bodies of water;'';
            (3) in paragraph (2)--
                    (A) by striking ``(2) The Administrator'' and 
                inserting the following:
            ``(2) Information.--The Administrator'';
                    (B) by striking ``and'' at the end of subparagraphs 
                (B) and (C); and
                    (C) by striking the period at the end of the 
                paragraph and inserting ``; and (E) with respect to 
                toxic pollutants, on numerical pollutant concentration 
                criteria that are sufficient to ensure the attainment 
                of designated uses established by a State.'';
            (4) in paragraph (3), by striking ``(3) Such criteria'' and 
        inserting the following:
            ``(3) Publication of criteria and information.--The 
        criteria'';
            (5) in paragraph (4)--
                    (A) by striking ``(4) The Administrator'' and 
                inserting the following:
            ``(4) Information.--
                    ``(A) In general.--The Administrator'';
                    (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) Publication of criteria.--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, criteria for nutrients, 
                suspended solids, and dissolved oxygen.'';
            (6) by striking paragraph (5) and inserting the following 
        new paragraph:
            ``(5) Plan.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the Water Pollution Prevention and 
                Control Act of 1994, 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) Requirements for plan.--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) aquatic habitat criteria;
                            ``(viii) wildlife criteria; and
                            ``(ix) ambient biological criteria.
                    ``(C) Schedule for publication of final criteria.--
                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) Initial plan.--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 that the Administrator 
                determines would result in the greatest benefit to 
                human health or the environment.'';
            (7) in paragraph (6)--
                    (A) by striking ``(6) The Administrator'' and 
                inserting the following:
            ``(6) Publication of information.--The Administrator''; and
                    (B) by striking ``and annually thereafter, for 
                purposes of section 301(h) of this Act'' and inserting 
                ``and every 5 years thereafter,''; and
            (8) by adding at the end the following new paragraphs:
            ``(9) Requirements for registrants of pesticides.--
                    ``(A) In general.--Beginning on the date that is 1 
                year after the date of enactment of this paragraph, the 
                Administrator shall require the registrant of a 
                pesticide under the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.) to provide, not 
                later than the date of registration or reregistration 
                of the pesticide, information that is sufficient to 
                publish criteria for the pesticide pursuant to 
                paragraph (1), 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 water in more than de minimis 
                amounts.
                    ``(B) Applicability.--This paragraph shall not 
                apply with respect to any data submitted for a 
                registration or reregistration that the Administrator 
                determines was complete on or before the date of 
                enactment of this paragraph.
                    ``(C) Use of existing data, information, and 
                studies.--In carrying out this paragraph, to the extent 
                practicable, the Administrator shall use existing data, 
                information, and studies submitted for the registration 
                or reregistration of a pesticide. If the Administrator 
                finds that additional information is required, the 
                Administrator shall require that the information be 
                submitted pursuant to the Federal Insecticide, 
                Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
            ``(10) Policy concerning premanufacture notices.--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 waters or to a 
                publicly owned treatment works; or
                    ``(B) will be discharged from a negligible number 
                of facilities in a negligible quantity.
            ``(11) Fish consumption guidance.--Not later than 2 years 
        after the date of enactment of this paragraph, and from time-
        to-time thereafter as necessary, the Administrator, in 
        cooperation with the heads of appropriate Federal and State 
        agencies and other interested persons, shall prepare and 
        publish guidance concerning contaminant levels in finfish and 
        shellfish for use by States in the development and issuance of 
        finfish and shellfish consumption advisories to protect 
        recreational and subsistence fishers.
            ``(12) Sediment quality.--Notwithstanding any other 
        provision of this Act, section 121(d) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9621(d)), or subtitle C or D of the Solid Waste Disposal 
        Act (42 U.S.C. 6921 et seq.), no sediment quality criteria 
        published under this section shall be--
                    ``(A) used as a standard for determining 
                appropriate cleanup levels or whether cleanup should be 
                undertaken with respect to any facility or site; or
                    ``(B) deemed an applicable or relevant and 
                appropriate requirement for any such remediation,
        unless the Administrator, by rule and after notice and 
        opportunity for public comment, determines that a criteria is 
        appropriate for such use. This paragraph shall not be 
        interpreted, construed, or applied to affect any requirement of 
        State law, including the applicability of sediment quality 
        criteria similar to criteria published under this section, as a 
        standard for cleanup actions taken pursuant to this or other 
        laws.''.
    (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) by striking the second sentence 
                                and inserting the following new 
                                sentence: ``The revised or new water 
                                quality standard shall be in accordance 
                                with the antidegradation policy of the 
                                State and shall consist of the 
                                designated uses of the navigable waters 
                                involved and the criteria necessary to 
                                support the uses.''; and
                                    (II) 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) Methodology.--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). The State shall use the methodology for 
                the pollutants that cause water quality impairments.''; 
                and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(5) Applicability.--
                    ``(A) In general.--Each use designation made under 
                this paragraph shall apply to the designated water and 
                to the aquatic sediments of the water.
                    ``(B) Reporting.--Not later than 3 years after the 
                date of enactment of this paragraph, 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) Deemed designated use.--On the date that is 5 
                years after the date of enactment of this paragraph, 
                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. If the State 
                subsequently adopts a designated use for a water for 
                which a fishable and swimmable use was designated 
                pursuant to the preceding sentence, the State 
                designation shall be considered the initial designation 
                and not a change in designated uses for the purposes of 
                this Act.
            ``(6) Pollutant-specific standards.--Each State shall adopt 
        pollutant-specific standards to support designated uses for 
        each water in the State for any pollutant for which criteria 
        are published pursuant to section 304(a) the discharge or 
        loadings of which could reasonably be expected to interfere 
        with designated uses for the affected water. The standards 
        shall be adopted as expeditiously as practicable, but not later 
        than 3 years after the date of publication or revision of the 
        criteria or 3 years after the date of enactment of this 
        paragraph, whichever is later.
            ``(7) Applicable numeric criteria.--For any chemical-
        specific numeric criteria for water quality for a toxic 
        pollutant published or revised after the date of enactment of 
        this paragraph, in any case in which numeric standards have not 
        been adopted by a State and submitted to the Administrator 
        within 3 years of the publication of the criteria document 
        pursuant to section 304(a), the criteria published under 
        section 304(a) shall be the State water quality standard for 
        each water regardless of use designation unless and until the 
        State adopts and the Administrator approves a revised standard 
        in accordance with this section.''.
    (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 the Water Pollution Prevention and Control Act of 
        1994, the Administrator shall, after notice and opportunity for 
        public comment, promulgate and implement an antidegradation 
        policy for each State that does not have a policy that has been 
        approved by the Administrator by such 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 water (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, after notice and opportunity 
                        for public comment, 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 State shall designate as outstanding 
                        national resource waters, all waters within a 
                        national park or national wilderness area and 
                        waters of exceptional recreational or 
                        ecological significance.
                            ``(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 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.
                    ``(D) Consequences of failure to designate.--If the 
                State fails to make the designations required under 
                this paragraph by the date that is 4 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 published by the 
                Administrator pursuant to subparagraph (C) (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) 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 PHASEOUT.

    (a) Effluent Prohibition.--Section 307(a) (33 U.S.C. 1317(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking the second sentence and inserting 
                the following new sentence: ``The Administrator may add 
                or remove any pollutant from the list and shall, not 
                later than 4 years after the date of enactment of the 
                Water Pollution Prevention and Control Act of 1994, and 
                not less often than every 5 years thereafter, review 
                and revise the list.''; and
                    (B) in the third sentence, by inserting ``potential 
                for bioaccumulation,'' after ``degradability,'';
            (2) by striking paragraphs (2) and (3) and inserting the 
        following new paragraphs:
            ``(2) Effluent limitations.--Each toxic pollutant listed in 
        accordance with paragraph (1) shall be subject to effluent 
        limitations resulting from the application of the best 
        available technology economically achievable for the applicable 
        category or class of point sources established in accordance 
        with sections 301(b)(2)(A) and 304(b)(2).
            ``(3) Published effluent standard.--The Administrator may 
        publish in the Federal Register a proposed effluent standard 
        (which may include a prohibition) establishing requirements for 
        a toxic pollutant which, if an effluent limitation is 
        applicable to a class or category of point sources, shall be 
        applicable to the category or class only if the standard 
        imposes more stringent requirements. The published effluent 
        standard (or prohibition) shall take into account the toxicity 
        of the pollutant, its persistence, degradability, potential for 
        bioaccumulation, the usual or potential presence of the 
        affected organisms in any waters, the importance of the 
        affected organisms, the nature and extent of the effect of the 
        toxic pollutant on the organisms, and the extent to which 
        effective control is being achieved under other regulatory 
        authority.''; and
            (3) by adding at the end the following new paragraph:
            ``(8) Petitions to establish standards.--Any person may 
        petition the Administrator to establish an effluent standard 
        (or prohibition) pursuant to this subsection. Not later than 1 
        year after receipt of the petition, the Administrator shall 
        grant or deny the petition. An action by the Administrator 
        under this paragraph to grant or deny a petition shall 
        constitute final agency action for the purposes of judicial 
        review.''.
    (b) National Academy of Sciences Study.--
            (1) Request of the academy.--Not later than 180 days after 
        the date of enactment of this Act, the Administrator shall 
        offer to enter into appropriate arrangements with the head of 
        the National Academy of Sciences to conduct a study of the 
        effects of pollution found in navigable waters (and associated 
        sediment) on the development of aquatic life, wildlife, or 
        humans, including impairments to reproductive, endocrine, 
        nervous, or immune systems caused by the pollution.
            (2) Recommendations of the academy.--The Administrator 
        shall request the views of the Academy with respect to--
                    (A) general criteria that may be used to identify 
                substances that may reasonably be anticipated to cause 
                significant and widespread adverse developmental 
                effects on aquatic life, wildlife, or humans, including 
                impairments to reproductive, endocrine, nervous, or 
                immune systems caused by water and sediment pollution;
                    (B) a list of substances that meet the criteria 
                referred to in subparagraph (A);
                    (C) a summary of available research with respect to 
                the sources, exposure pathways, and geographic 
                distribution of the substances listed pursuant to 
                subparagraph (B);
                    (D) a list of aquatic and wildlife species that 
                suffer developmental effects, including impairments to 
                reproductive, endocrine, nervous, or immune systems, as 
                a result of water or sediment pollution;
                    (E) a list of aquatic sites that are the origin of 
                the developmental effects identified in subparagraph 
                (D); and
                    (F) any site restoration or related measures needed 
                to protect species identified in subparagraph (D).
            (3) Report.--Not later than 3 years after the date of 
        enactment of this Act, the Administrator shall submit a report 
        on the results of the study conducted by the National Academy 
        of Sciences to the Committee on Environment and Public Works of 
        the Senate and to the Committee on Public Works and 
        Transportation of the House of Representatives.
            (4) Assistance.--The Administrator shall offer to assist 
        the head of the National Academy of Sciences in gathering any 
        information that the head of the National Academy of Sciences 
        considers to be necessary to carry out this subsection. The 
        Administrator may use any authority under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) to obtain 
        information from any person necessary to carry out this 
        subsection. In providing assistance to the National Academy of 
        Sciences pursuant to this paragraph, the Administrator shall 
        consult with the Director of the United States Fish and 
        Wildlife Service of the Department of the Interior and the 
        Director of the National Oceanic and Atmospheric Administration 
        of the Department of Commerce.
            (5) Use of funds.--Notwithstanding any other provision of 
        law, of the funds made available to the Environmental 
        Protection Agency pursuant to section 517 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1376), the Administrator may 
        use such amounts as are necessary to carry out this subsection.
    (c) National Strategy To Prevent Adverse Developmental Effects.--
Section 307 (33 U.S.C. 1317) is amended by adding at the end the 
following new subsection:
    ``(f) National Strategy To Prevent Adverse Developmental Effects.--
            ``(1) List of substances.--Not later than 4 years after the 
        date of enactment of this subsection, the Administrator shall, 
        after notice and opportunity for public comment, publish a list 
        of substances that may reasonably be anticipated to cause 
        significant and widespread adverse effects on the development 
        of aquatic life, wildlife, or humans, including impairments to 
        reproductive, endocrine, nervous, and immune systems, as a 
        result of water pollution or sediment contamination. In 
        carrying out this paragraph, the Administrator shall consider 
        the criteria and specific list of substances, if any, 
        recommended by the National Academy of Sciences pursuant to the 
        study conducted under section 203(b) of the Water Pollution 
        Prevention and Control Act of 1994.
            ``(2) Strategy.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this subsection, the Administrator 
                shall, after notice and opportunity for public comment, 
                publish a comprehensive strategy to control, prevent, 
                and remediate water pollution or sediment contamination 
                associated with the substances listed under paragraph 
                (1). The strategy shall--
                            ``(i) identify categories of sources that 
                        discharge, emit, or otherwise release 
                        substances listed under paragraph (1) into the 
                        environment so as to cause or contribute to 
                        water pollution or sediment contamination;
                            ``(ii) identify annual loadings to waters 
                        of the United States of each listed substance 
                        from each category of source identified in 
                        clause (i) based on the most recent data 
                        available to the Administrator; and
                            ``(iii) include specific actions that will 
                        by implemented by the Administrator pursuant to 
                        this Act (including remediation programs to 
                        address inplace contaminants under section 115) 
                        and other Federal laws (including the Clean Air 
                        Act (42 U.S.C. 7401 et seq.), the Toxic 
                        Substances Control Act (15 U.S.C. 2601 et 
                        seq.), the Federal Insecticide, Fungicide, and 
                        Rodenticide Act (7 U.S.C. 136 et seq.), the 
                        Solid Waste Disposal Act (42 U.S.C. 6901 et 
                        seq.), the Marine Protection, Research, and 
                        Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
                        seq.), and the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.)) in a manner 
                        sufficient to reduce the annual loadings of 
                        each listed substance to the navigable waters 
                        (and associated sediments) of the United States 
                        by not less than 85 percent by not later than 7 
                        years after the date of publication of the 
                        strategy.
                    ``(B) Research needs; legislative 
                recommendations.--The strategy developed pursuant to 
                this paragraph may also identify--
                            ``(i) research needs; and
                            ``(ii) recommended legislation that would 
                        be appropriate to further reduce water 
                        pollution that causes adverse developmental 
                        effects.
            ``(3) Report to congress.--Not later than 90 days after 
        publishing the strategy required by paragraph (2), the 
        Administrator shall submit a report to the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Public Works and Transportation of the House of Representatives 
        that includes an estimate of the costs and benefits of each 
        action proposed to be implemented under the strategy to reduce 
        water and sediment pollution by the substances listed under 
        paragraph (1).
            ``(4) Revision of list.--From time to time, and after 
        providing notice and opportunity for public comment, the 
        Administrator may revise the list published under paragraph (1) 
        and the strategy published under paragraph (2).
            ``(5) Statutory construction.--Nothing in this subsection 
        is intended to be construed to prevent the Administrator from 
        exercising the authority granted to the Administrator under 
        subsection (a).''.

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)) is amended 
by adding at the end the following new paragraph:
            ``(5) Revisions of requirements to reflect 
        biodegradation.--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 source 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) Solid Waste Disposal Act Hazardous Wastes.--Section 307 (33 
U.S.C. 1317), as amended by section 203(c), is further amended by 
adding at the end the following new subsection:
    ``(g) Solid Waste Disposal Act Hazardous Wastes.--
            ``(1) Definitions.--As used in this subsection:
                    ``(A) Hazardous waste.--The term `hazardous waste' 
                means material that would be considered a hazardous 
                waste under the Solid Waste Disposal Act (42 U.S.C. 
                6901 et seq.) but for the phrase `does not include 
                solid or dissolved material in domestic sewage' in 
                section 1004(27) of such Act (42 U.S.C. 6903(27)).
                    ``(B) Pretreatment approval authority.--The term 
                `pretreatment approval authority' means the 
                Administrator or a State that has been approved by the 
                Administrator to issue permits to publicly owned 
                treatment works required to implement a pretreatment 
                program under section 402.
            ``(2) Prohibition.--Beginning on the date that is 3 years 
        after the date of enactment of this subsection, it shall be 
        unlawful to introduce into a publicly owned treatment works any 
        hazardous waste, unless--
                    ``(A) the source of the hazardous waste is subject 
                to a categorical pretreatment standard issued by the 
                Administrator or the hazardous waste is subject to a 
                general pretreatment regulation issued by the 
                Administrator under section 403.5 of title 40, Code of 
                Federal Regulations, for the hazardous characteristics 
                that the waste would otherwise exhibit;
                    ``(B) the hazardous waste and source are scheduled, 
                under section 304(m), to be regulated under a new or 
                revised pretreatment standard addressing toxic and 
                nonconventional pollutants pursuant to subsections (b) 
                and (m) of section 304 to be issued by the 
                Administrator not later than 5 years after the date of 
                enactment of this subsection, and the Administrator is 
                in compliance with such schedule;
                    ``(C) the hazardous waste is introduced into the 
                publicly owned treatment works by a household or other 
                facility discharging only domestic wastewater;
                    ``(D) the hazardous waste and source are subject to 
                a local limit, except that a pollutant may be deemed 
                subject to such standard if the specific pollutant is 
                regulated by the local limit or a substance that has 
                been determined to be a reliable indicator for the 
                pollutant is regulated by the limit;
                    ``(E) the source has implemented a toxic reduction 
                action plan for the hazardous waste pursuant to 
                paragraph (3);
                    ``(F) in the case of a source that introduces 
                hazardous wastes into a publicly owned treatment works 
                that is not subject to an approved pretreatment 
                program, the hazardous waste and source are subject to 
                a technology-based local limit developed by the 
                pretreatment approval authority; or
                    ``(G) the Administrator has determined that the 
                hazardous waste is biodegradable and the pretreatment 
                approval authority has determined that the publicly 
                owned treatment works receiving the hazardous waste 
                operates at a treatment efficiency for the waste 
                equivalent to (or greater than) the treatment 
                efficiency that would be achieved at the source under a 
                technology-based discharge limitation referred to in 
                subparagraph (F).
            ``(3) Toxic reduction action plan.--
                    ``(A) Publication of guidance.--
                            ``(i) In general.--Not later than 18 months 
                        after the date of enactment of this subsection, 
                        the Administrator shall, after notice and 
                        opportunity for public comment, publish 
                        guidance for toxic reduction action plans to be 
                        implemented by commercial users (such as 
                        service stations, photo finishing operations, 
                        and other similar sources) that are not 
                        scheduled to be subject to categorical 
                        pretreatment standards under section 304(m) and 
                        introduce toxic pollutants or hazardous wastes 
                        into publicly owned treatment works.
                            ``(ii) Design of guidance.--The guidance 
                        shall be designed on a category-specific basis 
                        to minimize the introduction of toxic 
                        pollutants and hazardous wastes into publicly 
                        owned treatment works through pollution 
                        prevention, best management practices, and 
                        other means.
                    ``(B) Development of pretreatment program.--Each 
                publicly owned treatment works that is required to 
                develop a pretreatment program pursuant to section 
                402(b) shall assist commercial users of the treatment 
                works with the implementation of toxic reduction action 
                plans as a component of the pretreatment program of the 
                treatment works.
                    ``(C) Guidance concerning technical assistance.--
                Not later than 18 months after the date of enactment of 
                this subsection, the Administrator shall publish 
                guidance providing technical assistance to small 
                communities to assist the communities in minimizing the 
                introduction of toxic pollutants and hazardous wastes 
                from commercial sources into publicly owned treatment 
                works.
            ``(4) Local limits.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this paragraph, the Administrator, 
                after notice and opportunity for public comment, shall 
                promulgate regulations revising the definition and 
                applicability of local limits, as set forth in section 
                403.5 of title 40, Code of Federal Regulations, as may 
                be necessary to protect human health and the 
                environment with respect to hazardous wastes discharged 
                to a publicly owned treatment works. Except as provided 
                in subparagraph (B), the revised local limits shall 
                address all points from which hazardous waste may be 
                released from a publicly owned treatment works to the 
                environment, including release through air emissions, 
                contamination of sludge, percolation into ground water, 
                exfiltration during transmission to the treatment 
                works, or sewer overflow events.
                    ``(B) Exceptions.--Local limits established 
                pursuant to subparagraph (A) shall not be required to 
                address release points for particular categories or 
                subcategories of hazardous wastes, if--
                            ``(i) the category or subcategory of 
                        hazardous waste is controlled by a categorical 
                        or general pretreatment standard established 
                        under subsection (b); or
                            ``(ii) the study conducted pursuant to 
                        subparagraph (D) demonstrates that additional 
                        control of the category or subcategory of 
                        hazardous waste is not necessary to protect 
                        human health and the environment.
                    ``(C) Interference and pass through.--This 
                paragraph shall not be interpreted, construed, or 
                applied to authorize the Administrator to repeal or 
                make less stringent requirements established under 
                subsection (b) to address pollutants that interfere 
                with, pass through, or are otherwise incompatible with 
                publicly owned treatment works.
                    ``(D) Study.--Not later than 3 years after the date 
                of enactment of this paragraph, the Administrator shall 
                complete a study of actual discharges of hazardous 
                waste to publicly owned treatment works to determine 
                the quantity of the discharges, the sources of the 
                discharges, the release of hazardous wastes to the 
                environment from the various release points identified 
                in subparagraph (A), and the threat to human health and 
                the environment resulting from the hazardous waste 
                discharges and releases. The study shall include any 
                new information available to the Administrator to 
                update the report required by section 3018(a) of the 
                Solid Waste Disposal Act (42 U.S.C. 6939(a)) and 
                submitted to Congress in December 1985. The 
                Administrator shall submit the results of the study in 
                a report to Congress. There are authorized to be 
                appropriated to the Administrator $8,000,000, without 
                fiscal year limitation, to carry out the study.''.
    (d) Publicly Owned Industrial Treatment Works.--Section 307 (33 
U.S.C. 1317), as amended by subsection (c), is further amended by 
adding at the end the following new subsection:
    ``(h) Publicly Owned Industrial Treatment Works.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, a publicly owned treatment works 
        may submit an application to the Administrator for the 
        designation of the treatment works as a publicly owned 
        industrial treatment works.
            ``(2) Approval of application.--
                    ``(A) In general.--Not later than 180 days after a 
                publicly owned treatment works submits an application 
                to the Administrator pursuant to paragraph (1), the 
                Administrator shall approve or disapprove the 
                application. With respect to a publicly owned 
                industrial treatment works located in a State that has 
                been delegated the authority to approve a pretreatment 
                program under this section, before approving or 
                disapproving the application, the Administrator shall 
                consult with the appropriate official of the 
                pretreatment program approval authority.
                    ``(B) Conditions for approval.--The Administrator 
                shall approve an application for a designation referred 
                to in paragraph (1) if the Administrator, in 
                consultation with an appropriate official of a 
                pretreatment program approval authority (if any), 
                determines that--
                            ``(i) greater than 75 percent of the 
                        wastewater received by the publicly owned 
                        treatment works is from 1 or more industrial 
                        sources;
                            ``(ii) the publicly owned treatment works 
                        was specifically designed to treat pollutants 
                        associated with the sources referred to in 
                        clause (i);
                            ``(iii) the publicly owned treatment works 
                        consistently complies with and will continue to 
                        comply with applicable effluent limitations in 
                        the permit of the treatment works that are as 
                        stringent as limitations that would apply if 
                        the treatment works were an industrial facility 
                        subject to sections 301 and 304;
                            ``(iv) sludge from the treatment works 
                        meets requirements for beneficial reuse under 
                        section 405; and
                            ``(v) the treatment works has imposed 
                        controls on all pollutants received from 
                        sources referred to in clause (i) as may be 
                        necessary to protect human health and the 
                        environment with respect to releases from the 
                        treatment works to the environment, including 
                        releases through air emissions, contamination 
                        of sludge, percolation to ground water, 
                        exfiltration during transmission to the 
                        treatment works, or sewer overflow events.
            ``(3) Waivers.--
                    ``(A) In general.--If, pursuant to this subsection, 
                the Administrator designates a publicly owned treatment 
                works as a publicly owned industrial treatment works, 
                the Administrator may--
                            ``(i) with respect to an industrial source 
                        referred to in paragraph (2)(B)(i), waive 
                        requirements under subsections (b) and (f) that 
                        would otherwise apply; and
                            ``(ii) attach such conditions to the waiver 
                        as the Administrator deems appropriate, 
                        including requiring the source to implement 
                        modified pretreatment requirements.
                    ``(B) Consultation.--With respect to a publicly 
                owned industrial treatment works located in a State 
                that has been delegated the authority to approve a 
                pretreatment program under this section, before issuing 
                a waiver under this paragraph, the Administrator shall 
                consult with the appropriate official of the State 
                concerning the waiver and any conditions to be attached 
                to the waiver.
            ``(4) Review of designations.--The Administrator shall 
        review each designation of a publicly owned industrial 
        treatment works made pursuant to this subsection at the time 
        that the permit under section 402 for the works is renewed to 
        ensure that the treatment works continues to meet conditions 
        established pursuant to paragraph (2). If the Administrator 
        determines that a publicly owned industrial treatment works 
        does not meet any condition established under paragraph (2) the 
        Administrator shall withdraw the designation and terminate any 
        applicable waiver granted under paragraph (3).''.

SEC. 205. POLLUTION PREVENTION PLANNING.

    (a) Pollution Prevention Plans.--The Pollution Prevention Act of 
1990 (42 U.S.C. 13101 et seq.) is amended--
            (1) by redesignating sections 6609 and 6610 as sections 
        6611 and 6612, respectively; and
            (2) by inserting after section 6608 the following new 
        section:

``SEC. 6609. POLLUTION PREVENTION PLANNING.

    ``(a) In General.--
            ``(1) Requirement of plan.--Except as provided in 
        subsection (c), the owner or operator of each facility that--
                    ``(A) is subject to the reporting requirements of 
                section 313 of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11023); and
                    ``(B) reports under such section total releases and 
                transfers of toxic chemicals in excess of 200,000 
                pounds in 1994 or any year thereafter,
        shall prepare a pollution prevention plan in accordance with 
        this section not later than 2 years after the date of filing of 
        the 1994 report or the first report required to be filed 
        thereafter.
            ``(2) Review and updating of plans.--The owner or operator 
        shall review and update the plan required to be prepared under 
        paragraph (1) as often as appropriate, but not less often than 
        every 5 years if, for the fifth year after the initial 
        preparation or most recent review and update of the plan, the 
        owner or operator reports total releases and transfers of toxic 
        chemicals in excess of 200,000 pounds.
    ``(b) Additional Facilities.--
            ``(1) In general.--Except as provided in subsection (c), 
        the Administrator may require an owner or operator of a 
        facility that--
                    ``(A) is subject to the reporting requirements of 
                section 313 of the Emergency Planning and Community 
                Right-To-Know Act of 1986 (42 U.S.C. 11023); and
                    ``(B) in the toxic chemical release form required 
                under such section filed in 1994 or any year 
                thereafter, reports total releases and transfers of 
                toxic chemicals of less than 200,000 pounds per year,
        to prepare a pollution prevention plan according to a schedule 
        established by the Administrator.
            ``(2) Basis for imposition of requirement.--A decision by 
        the Administrator to impose the requirement described in 
        paragraph (1) shall be based on the extent to which--
                    ``(A) the releases and transfers of the facility 
                adversely affect human health and the environment; and
                    ``(B) a pollution prevention plan for the facility 
                could result in a reduction in the generation of 
                byproduct, release, or transfer of toxic chemicals.
    ``(c) Small Business Exception.--An owner or operator of a small 
business subject to the planning requirements under this section shall 
be deemed to be in compliance with this section if the owner or 
operator completes and retains onsite a pollution prevention 
opportunities assessment manual and checklist under section 6604(c)(2).
    ``(d) Contents of Pollution Prevention Plan.--Each pollution 
prevention plan required under this section shall include--
            ``(1) an identification of sites, activities, and other 
        sources of byproduct, releases, and transfers, of each chemical 
        covered by the plan for the facility and for each targeted 
        production process;
            ``(2) an estimate of the annual input, accumulation, and 
        output quantities of each chemical covered by the plan at the 
        facility and for each targeted production process, that 
        accounts for the quantities produced, used, generated as 
        byproduct, consumed, recycled on-site but out-of-process, or 
        transferred as a product or as a constituent in a product;
            ``(3) an evaluation of the options for pollution prevention 
        selected by the owner or operator for each chemical covered by 
        the plan for the facility, and for each targeted production 
        process, including an evaluation of the costs of each option 
        compared to the costs of current (as of the date of the 
        evaluation) and projected pollution control and waste 
        management activities;
            ``(4) pollution prevention goals for each chemical covered 
        by the plan for the subsequent 5-year period for the facility 
        and for each targeted production process, stated in terms of 
        the expected reduction of the quantity of each chemical 
        generated as byproduct and covered by the plan that is to 
        result from pollution prevention per unit of product or other 
        appropriate unit of measurement;
            ``(5) pollution prevention measures that will be used to 
        achieve the pollution prevention goals specified under 
        paragraph (4); and
            ``(6) a statement, by the highest ranking official at the 
        facility, that supports the pollution prevention goals 
        specified under paragraph (4).
    ``(e) State Planning Requirements.--
            ``(1) Certification by the state.--A State may certify, 
        after notice and opportunity for public comment, that the 
        pollution prevention planning requirements of the State are 
        comparable to the requirements of this section. Except as 
        provided in paragraph (2), an owner or operator who complies 
        with the pollution prevention planning requirements of a 
        certified State shall be deemed to be in compliance with 
        subsection (d).
            ``(2) Determination by the administrator.--After notice and 
        opportunity for public comment, the Administrator may determine 
        that the pollution prevention planning requirements of a State 
        certified under paragraph (1) are not comparable to the 
        requirements of this section. After the Administrator makes a 
        determination described in the preceding sentence, an owner or 
        operator in the State shall be required to prepare a pollution 
        prevention plan as provided in subsections (a) through (d).''.
    (b) Pollution Prevention Reporting.--Section 6607 of such Act (42 
U.S.C. 13106) is amended--
            (1) in the section heading, by striking ``source 
        reduction'' and inserting ``pollution prevention'';
            (2) in subsection (a)--
                    (A) by striking ``Requirements.--Each owner'' and 
                inserting the following: ``Requirements.--
            ``(1) Source reduction and recycling reports.--Each 
        owner''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Pollution prevention progress reports.--
                    ``(A) In general.--Each owner or operator of a 
                facility that is subject to section 6609 shall include 
                with each annual filing of the toxic chemical release 
                form under section 313 of the Emergency Planning and 
                Community Right-To-Know Act of 1986 (42 U.S.C. 11023) a 
                pollution prevention progress report for the preceding 
                calendar year.
                    ``(B) First report.--The first pollution prevention 
                progress report shall be submitted with the annual form 
                filed under such section in the year following the 
                first full calendar year that begins after a pollution 
                prevention plan is prepared under section 6609.'';
            (3) in the subsection heading of subsection (b), by 
        inserting ``Source Reduction and Recycling'' before ``Report'';
            (4) by striking subsection (c) and inserting the following 
        new subsection:
    ``(c) Items Included in Pollution Prevention Progress Report.--
            ``(1) In general.--Each pollution prevention progress 
        report required to be submitted under subsection (a)(2) shall 
        include--
                    ``(A) a description of the facility and an 
                identification of each targeted production process;
                    ``(B) the 5-year pollution prevention goals 
                described in section 6609(d)(4);
                    ``(C) a numerical statement demonstrating the 
                annual progress of the facility towards achieving each 
                of the 5-year goals referred to in subparagraph (B) 
                stated in terms of the measured or estimated actual 
                reduction of the quantity of each chemical generated as 
                byproduct and covered by the plan that results from 
                pollution prevention per unit of product or other 
                appropriate unit of measurement; and
                    ``(D) at the option of the owner or operator, in 
                the case of a chemical not listed under section 313 of 
                the Emergency Planning and Community Right-To-Know Act 
                of 1986 (42 U.S.C. 11023), the amount of reduction of 
                the chemical generated as byproduct and that results 
                from pollution prevention.
            ``(2) Combined production processes.--For the purpose of 
        reporting under this subsection, the owner or operator may 
        combine production processes that use similar ingredients to 
        produce 1 or more similar products so that the combined 
        production processes are considered to be a single production 
        process.
            ``(3) Congressional intent.--
                    ``(A) Unlisted chemicals.--Nothing in this section 
                or section 6609 is intended to be construed to 
                authorize the Administrator to require information 
                concerning chemicals not listed under section 313 of 
                the Emergency Planning and Community Right-To-Know Act 
                of 1986 (42 U.S.C. 11023) to be included in a pollution 
                prevention plan or progress report.
                    ``(B) Pollution measures and goals.--Nothing in 
                this section or section 6609 is intended to be 
                interpreted, construed, or applied to authorize the 
                Administrator to require a particular pollution 
                prevention measure to be implemented, or a pollution 
                prevention goal to be achieved, at a facility or with 
                respect to a production process.
            ``(4) Form.--Not later than 1 year after the date of 
        enactment of this paragraph, the Administrator shall publish a 
        form for reporting the information required under this 
        subsection to accompany the annual filing of the toxic chemical 
        release form under section 313 of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11023). The 
        Administrator shall not modify the form required for purposes 
        of reporting information under such section solely for the 
        purpose of incorporating the reporting of information required 
        under this subsection.'';
            (5) in subsection (e)--
                    (A) by striking ``Data.--Subject to'' and inserting 
                the following: ``Data.--
            ``(1) In general.--Subject to paragraphs (2) and (3) and''; 
        and
                    (B) by adding at the end the following new 
                paragraphs:
            ``(2) Pollution prevention plans.--The pollution prevention 
        plan for each facility subject to section 6609 shall be 
        retained at the facility and made available to the 
        Administrator or the State in which the facility is located. A 
        plan may be made public only with the permission of the owner 
        or operator. A summary of the pollution prevention plan (that 
        includes information required in subparagraphs (A), (B), and 
        (D) of subsection (c)(1) of this section and a summary of the 
        information required in paragraphs (3) and (5) of subsection 
        (d) of section 6609) shall be made available to the public at 
        the facility during normal business hours.
            ``(3) Pollution prevention progress reports.--Except as 
        provided in subsection (f), the pollution prevention progress 
        reports of a facility required under this section shall be made 
        available to the public at the facility during normal business 
        hours.''; and 
            (6) by adding at the end the following new subsections:
    ``(f) Confidentiality.--Sections 322 and 325(d) of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11042 and 
11045(d)) shall apply to the reporting requirements of this section in 
the same manner as the sections apply to the reports required under 
section 313 of such Act (42 U.S.C. 11023). The contents of a pollution 
prevention plan and any supporting information shall not be disclosed 
by the Administrator or the State, or by any officer, employee, 
contractor, or agent of the United States or the State. The plans and 
information shall be entitled to protection under section 1905, of 
title 18, United States Code, and officers, employees, contractors, or 
agents of the State shall be subject to the same penalties as Federal 
employees under such section.
    ``(g) Enforcement.--Subsections (b) and (c) of section 325, and 
section 326, of the Emergency Planning and Community Right-To-Know Act 
of 1986 (42 U.S.C. 11045 and 11046) shall apply to the requirement to 
prepare a pollution prevention plan under subsection (a) or (b) of 
section 6609 and to the reporting requirements of this section in the 
same manner as the sections apply to the reports required under section 
313 of such Act (42 U.S.C. 11023).
    ``(h) Coordination with Other Planning Requirements.--Pollution 
prevention plans prepared under this Act shall be deemed sufficient to 
meet requirements for waste minimization plans under sections 3002(b) 
and 3005(h) of the Solid Waste Disposal Act (42 U.S.C. 6922(b) and 
6925(h)), to the extent that the pollution prevention plans address the 
facilities, processes, and waste streams that would be addressed by 
waste minimization plans. To the extent practicable, the Administrator 
shall coordinate other requirements for plans addressing pollution 
prevention or waste minimization with the plans required under this 
Act.''.
    (c) Small Business Technical Assistance Program.--
            (1) In general.--Section 6604 of such Act (42 U.S.C. 13103) 
        is amended by adding at the end the following new subsection:
    ``(c) Small Business Technical Assistance Program.--
            ``(1) In general.--The Administrator shall establish and 
        support an integrated pollution prevention information network. 
        The purpose of the integrated network shall be to provide an 
        effective mechanism for sharing and delivering (especially to 
        small businesses) pollution prevention information and 
        expertise available from--
                    ``(A) Federal agencies;
                    ``(B) State or local governments;
                    ``(C) university-based centers;
                    ``(D) private nonprofit centers;
                    ``(E) industry trade associations; and
                    ``(F) the Manufacturing Technology Centers 
                administered by the National Institute of Standards and 
                Technology of the Department of Commerce.
            ``(2) Pollution prevention manuals and checklists.--
                    ``(A) In general.--
                            ``(i) Development.--The Administrator shall 
                        develop industry-specific pollution prevention 
                        opportunities assessment manuals and checklists 
                        for industrial categories with respect to which 
                        the lack of information is an impediment to 
                        pollution prevention by small businesses.
                            ``(ii) Contents.--The manuals and 
                        checklists should provide owners and operators 
                        of small businesses with an approach for--
                                    ``(I) identifying the sources of 
                                releases and byproducts;
                                    ``(II) estimating the cost of 
                                managing and controlling the releases 
                                and byproducts; and
                                    ``(III) identifying and evaluating 
                                pollution prevention options and the 
                                costs of the options.
                            ``(iii) Dissemination through network.--The 
                        Administrator shall make the manuals and 
                        checklists available through the integrated 
                        pollution prevention information network 
                        established under paragraph (1).
                    ``(B) Use of existing manuals and checklists.--In 
                carrying out this paragraph, the Administrator shall, 
                if appropriate, use, update, or modify industry-
                specific pollution prevention manuals and checklists 
                developed by States and other sources in lieu of 
                developing new manuals and checklists.''.
            (2) Assistance to small businesses.--Section 6605 of such 
        Act (42 U.S.C. 13104) is amended--
                    (A) in subsection (b)(1), by striking ``business'' 
                and inserting ``businesses''; and
                    (B) by inserting ``(especially small businesses)'' 
                after ``businesses'' each place it appears.
    (d) National Voluntary Pollution Prevention Program.--Such Act (42 
U.S.C. 13101 et seq.) is amended by inserting before section 6611, as 
redesignated by subsection (a)(1), the following new section:

``SEC. 6610. COMMUNITY-BASED VOLUNTARY POLLUTION PREVENTION PROGRAM.

    ``(a) Establishment.--The Administrator shall establish a program 
to support and promote government and private sector efforts for local, 
results-oriented, voluntary programs to encourage businesses, 
government agencies, environmental groups, and other organizations to 
work together in establishing community-based programs to prevent 
pollution and promote energy conservation within the respective 
organizations.
    ``(b) Program Development.--
            ``(1) In general.--The program established under subsection 
        (a) shall be developed in consultation with representatives of 
        State and local pollution prevention programs, including--
                    ``(A) representatives from the Anchorage Chamber of 
                Commerce Green Star Committee in Anchorage, Alaska;
                    ``(B) representatives from other communities that 
                have established programs described in subsection (a); 
                and
                    ``(C) experts in pollution prevention programs.
            ``(2) Contents of program.--In carrying out the program 
        established under subsection (a), the Administrator shall--
                    ``(A) identify elements of then existing voluntary 
                programs that may be applicable in other communities;
                    ``(B) disseminate information about successful 
                voluntary pollution prevention and energy conservation 
                programs;
                    ``(C) develop guidelines for recognizing 
                participating organizations; and
                    ``(D) design model voluntary, community-based 
                programs for use by local organizations.
    ``(c) Use of Certain Grants.--A State that receives a grant under 
section 6605 may use the grant to promote the development of voluntary, 
community-based programs described in subsection (a).''.
    (e) Definitions.--Section 6603 of such Act (42 U.S.C. 13102) is 
amended by adding at the end the following new paragraphs:
            ``(8) The term `byproduct' means a toxic chemical other 
        than a product or products resulting from manufacturing, 
        extraction, servicing, processing, handling, or other activity, 
        including fugitive emissions, process residues, or any other 
        nonproduct outputs created prior to recycling, treatment, 
        disposal, or release.
            ``(9) The term `chemical covered by the plan' means a toxic 
        chemical listed under section 313 of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11023) at the 
        time a plan required under section 6609 is prepared or updated, 
        that the owner or operator targets for pollution prevention 
        planning and reporting under this Act based on--
                    ``(A) a consideration of the potential for adverse 
                effects on human health and the environment of each 
                toxic chemical that is used, generated as a byproduct, 
                or released at the facility and for a targeted 
                production process; and
                    ``(B) the opportunity for pollution prevention of 
                each such chemical.
            ``(10) The term `pollution prevention' means a method of 
        source reduction.
            ``(11) The term `production process' means a production 
        line, method, activity, or technique, or combination or series 
        thereof, that is integral to and necessary for the production 
        of a product, including the storage of raw materials and 
        maintenance and handling of finished goods.
            ``(12) The term `small business' means a business that is 
        recognized as a small business concern under section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).
            ``(13) The term `targeted production process' means the 
        production processes that account for 90 percent or more of the 
        use, generation of byproduct, or release of a chemical covered 
        by the plan at a specified facility.''.

SEC. 206. INTEGRATED POLLUTION PREVENTION AND CONTROL.

    The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.), as 
amended by section 205, is further amended--
            (1) by redesignating sections 6611 and 6612 as sections 
        6612 and 6613, respectively;
            (2) by inserting after section 6610 the following new 
        section:

``SEC. 6611. INTEGRATED POLLUTION PREVENTION AND CONTROL.

    ``(a) Purpose.--The purpose of this section is to identify and 
demonstrate more efficient, broadly applicable methods of improving 
environmental quality by providing several regulated facilities more 
choices in meeting environmental requirements.
    ``(b) Definitions.--As used in this section:
            ``(1) Applicant organization.--The term `applicant 
        organization' means a group or organization consisting of an 
        owner or operator of a demonstration site or a proposed 
        demonstration site, representatives of the State and local 
        governments with jurisdiction over the demonstration site, and 
        interested nongovernmental organizations that submit an 
        application with respect to a proposed demonstration site.
            ``(2) Baseline.--The term `baseline', with respect to a 
        demonstration site--
                    ``(A) means the actual total environmental loadings 
                for the 1-year period immediately preceding the date of 
                submission of an application for an integrated permit 
                for the demonstration site under subsection (d); and
                    ``(B) includes the subtotal of each listed chemical 
                to each environmental medium.
            ``(3) Demonstration project.--The term `demonstration 
        project' means the project authorized by this section 
        consisting of not more than 10 demonstration sites.
            ``(4) Demonstration site.--The term `demonstration site' 
        means the contiguous area containing processes, equipment, 
        structures, and emissions sources that are under common control 
        and selected by the Administrator to participate in the 
        demonstration project under subsection (d).
            ``(5) Emission.--The term `emission' means any emission, 
        release, or discharge to any environmental medium.
            ``(6) Environmental medium.--The term `environmental 
        medium' means air, water (both ground water and surface water), 
        or soil (including underground injection).
            ``(7) Integrated permit.--The term `integrated permit' 
        means a permit issued under subsection (d).
            ``(8) Listed chemical.--The term `listed chemical' has the 
        meaning provided the term by the Administrator.
            ``(9) Owner or operator.--The term `owner or operator' 
        means a person who owns, leases, operates, controls, or 
        supervises a demonstration site or proposed demonstration site.
            ``(10) Participant.--The term `participant' means an 
        applicant organization that is recommended by the management 
        panel, and approved by the Administrator to participate in the 
        demonstration project.
            ``(11) Total environmental loadings.--The term `total 
        environmental loadings' means the total of the actual emissions 
        of all listed chemicals from any demonstration site to each 
        environmental medium.
    ``(c) Authorization for Integrated Permit.--
            ``(1) In general.--To encourage the development of more 
        efficient, broadly applicable innovative approaches to 
        environmental improvement that emphasize source reduction, 
        pursuant to the procedures established under subsection (d) for 
        the approval of an integrated permit, the Administrator may, 
        with the consent of the State in which a demonstration site is 
        located, and after notice and opportunity for comment, 
        temporarily waive, with respect to a demonstration site--
                    ``(A) any federally enforceable statutory or 
                regulatory environmental requirement that is applicable 
                to the demonstration site (except for any specific 
                limitation of emissions and any requirement listed 
                under paragraph (3)); and
                    ``(B) any federally enforceable statutory or 
                regulatory environmental requirement (including any 
                specific limitation of emissions) that is applicable to 
                a demonstration site and is issued after the date of 
                approval of an integrated permit for the site pursuant 
                to subsection (d)(except for any requirement listed 
                under paragraph (3)).
            ``(2) Integrated permit.--On the approval of an application 
        for an integrated permit pursuant to subsection (d)(3), each 
        demonstration site shall comply with the conditions of an 
        integrated permit issued under subsection (d). Each integrated 
        permit shall incorporate each applicable federally enforceable 
        permit condition or, in lieu of the permit condition, an 
        alternative compliance plan approved pursuant to subsection 
        (d)(3).
            ``(3) Exceptions.--Under any agreement under the 
        demonstration project authorized by this section, the 
        Administrator may not (except as otherwise specifically 
        provided in this section)--
                    ``(A) waive any applicable remediation requirement 
                that is part of corrective action under section 3004 of 
                the Solid Waste Disposal Act (42 U.S.C. 6924) or 
                section 104 of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9604);
                    ``(B) in the case of an alternative compliance 
                plan, approve any condition that would contribute to, 
                or result in, exceedance of national ambient air 
                quality standards promulgated under section 109 of the 
                Clean Air Act (42 U.S.C. 7409) or any water quality 
                standards promulgated under section 301 of the Federal 
                Water Pollution Control Act (33 U.S.C. 1311); or
                    ``(C) waive any requirement for occupational safety 
                or health.
            ``(4) Prevention of environmental deterioration.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each integrated permit issued under 
                subsection (d) that is applicable to a demonstration 
                site shall ensure that the emissions of a pollutant 
                from a source will not, at any time, exceed any 
                otherwise applicable federally enforceable emission 
                limit.
                    ``(B) Exceptions.--With respect to a demonstration 
                site, a permit referred to in subparagraph (A) may 
                allow for the exceedance of an otherwise applicable 
                federally enforceable emissions limit if--
                            ``(i) the limit is a requirement described 
                        in paragraph (1)(B);
                            ``(ii) in an alternative compliance plan 
                        submitted by a participant pursuant to 
                        subsection (d), the Administrator, after 
                        providing notice and opportunity for public 
                        comment, makes a finding that the overall 
                        environmental benefits of the plan outweigh the 
                        exceedance and would result in a net 
                        improvement in public health and the 
                        environment; and
                            ``(iii) with respect to a finding made 
                        under clause (ii), no member or entity of the 
                        applicant organization objects to the 
                        exceedance.
            ``(5) New rules.--Each integrated permit that is applicable 
        to a demonstration site shall, beginning on the effective date 
        of an applicable federally enforceable environmental 
        requirement, incorporate the requirement or, in lieu of 
        incorporating the requirement, incorporate an alternative 
        compliance plan approved under subsection (d).
            ``(6) Interim compliance agreement.--On the termination of 
        an integrated permit issued under subsection (d), all 
        applicable environmental requirements shall be immediately 
        effective except that, at the request of the participant, the 
        Administrator and the appropriate permitting authority of the 
        State in which the participant is located, shall develop an 
        interim compliance agreement that shall be in effect for a 
        period of not to exceed 1 year and that shall apply in lieu of 
        the requirements.
            ``(7) Enforcement.--If a participant fails to meet a 
        condition of an integrated permit issued under subsection (d), 
        the permit shall terminate immediately upon a finding by the 
        Administrator of the failure.
            ``(8) State rules.--In the case of environmental 
        requirements under an integrated permit issued pursuant to 
        subsection (d) that are applicable to a demonstration site and 
        that are only enforceable by the State in which the 
        demonstration site is located, the Administrator may, as part 
        of the approval of an application for an integrated permit 
        under subsection (d), enter into an agreement with the State to 
        incorporate the requirements into the demonstration project 
        established under subsection (d).
    ``(d) Demonstration Project.--
            ``(1) Establishment.--The Administrator shall establish a 
        pilot program (referred to in this subsection as a 
        `demonstration project') to demonstrate, at not more than 10 
        demonstration sites, the implementation of an integrated 
        permitting process that--
                    ``(A) combines all applicable Federal environmental 
                requirements, except the requirements listed under 
                subsection (c)(3), into a single integrated permit; and
                    ``(B) provides the demonstration sites with the 
                opportunity to identify and demonstrate, in practice, 
                innovative and alternative methods of compliance with 
                applicable federally enforceable environmental 
                requirements and the opportunity to make other 
                environmental improvements.
            ``(2) Selection of participants.--The Administrator shall 
        accept applications for participation in the demonstration 
        project from each interested applicant organization. In 
        consultation with the management panel established under 
        paragraph (7), the Administrator shall approve or disapprove 
        the application.
            ``(3) Review and approval of integrated permits.--
                    ``(A) In general.--After approving an application 
                of an applicant organization referred to in paragraph 
                (2) to participate in the demonstration project, the 
                Administrator shall accept an application for the 
                issuance of an integrated permit under this section 
                from the applicant organization.
                    ``(B) Approval of application.--Not later than 120 
                days after receipt of a complete application for an 
                integrated permit, or not later than 90 days after 
                receipt of an application to modify an integrated 
                permit, the Administrator, in consultation with the 
                management panel established under paragraph (7), shall 
                approve all or part of the application, or disapprove 
                the application and include the reasons for the 
                disapproval in a written notice to the applicant of the 
                disapproval.
                    ``(C) Effect of approval.--On the approval of all 
                or part of an application for, or modification of, an 
                integrated permit, the Administrator shall incorporate 
                the conditions in the approved application into the 
                integrated permit. The integrated permit shall be 
                enforceable by the Administrator and shall expire no 
                later than 5 years after the date of approval.
            ``(4) Permit renewal.--Notwithstanding subsection (g)--
                    ``(A) not earlier than 180 days prior to the 
                scheduled expiration date of an integrated permit, the 
                participant who holds the permit may apply to the 
                Administrator for renewal of the integrated permit for 
                an additional period of not to exceed 5 years; and
                    ``(B) not later than 120 days after receipt of a 
                complete application for renewal of the integrated 
                permit, the Administrator, after notice and opportunity 
                for comment, shall approve the application if--
                            ``(i) the participant has satisfactorily 
                        complied with all of the conditions of the 
                        integrated permit;
                            ``(ii) the management panel established 
                        under paragraph (7) determines that the renewal 
                        is in the best interest of public health and 
                        the environment; and
                            ``(iii) no member or entity of the 
                        applicant organization objects to the renewal.
            ``(5) Interim report.--Not later than 3 years after issuing 
        the first integrated permit under paragraph (3), the 
        Administrator, in consultation with the management panel, shall 
        develop and submit to Congress a report on the results of the 
        demonstration project authorized under this section, 
        including--
                    ``(A) the number of, and a description of, the 
                demonstration sites approved under this section;
                    ``(B) statistics indicating, for each demonstration 
                site, and for the aggregate of all demonstration sites, 
                changes in--
                            ``(i) total environmental loadings;
                            ``(ii) risks to human health and the 
                        environment; and
                            ``(iii) compliance costs (including labor 
                        and energy);
                    ``(C) recommendations for improving, expanding, or 
                curtailing the demonstration project authorized under 
                this section; and
                    ``(D) if appropriate, any interim conclusions and 
                recommendations for the development of more efficient 
                methods of compliance or regulatory procedures that are 
                broadly applicable.
            ``(6) Final report.--Not later than 3 years after the date 
        of submission of the interim report required under paragraph 
        (5), the Administrator, in consultation with the management 
        panel established under paragraph (7), shall develop and submit 
        to Congress a final report on the results of the demonstration 
        project authorized under this title, including the information 
        specified in paragraph (5).
            ``(7) Management panel.--In carrying out the demonstration 
        project established under paragraph (1), the Administrator 
        shall establish a panel of experts from the Environmental 
        Protection Agency to manage the demonstration project. The 
        management panel shall--
                    ``(A) on a competitive basis, review and recommend 
                to the Administrator the approval or disapproval of the 
                participation of applicants in the demonstration 
                project in a manner that maximizes--
                            ``(i) geographic diversity among the 
                        demonstration sites;
                            ``(ii) a sample of demonstration sites 
                        representing multiple industrial sectors;
                            ``(iii) the potential for environmental 
                        improvement and source reduction from each 
                        demonstration site;
                            ``(iv) the potential benefit to the local 
                        community surrounding each demonstration site;
                            ``(v) the compliance of each demonstration 
                        site with all applicable environmental 
                        requirements;
                            ``(vi) early, direct, and meaningful 
                        community involvement; and
                            ``(vii) the inclusion of environmental 
                        requirements that are enforceable by a State in 
                        the demonstration project;
                    ``(B) review and recommend to the Administrator the 
                approval or disapproval of each application for, or 
                modification or renewal of, an integrated permit in a 
                manner that maximizes--
                            ``(i) environmental and health benefits;
                            ``(ii) source reduction;
                            ``(iii) cost efficiency; and
                            ``(iv) participation of the community 
                        located in the vicinity of each demonstration 
                        site; and
                    ``(C) consult with, and seek input from, parties 
                interested in the development and operation of the 
                demonstration project (including each community located 
                in the vicinity of each demonstration site).
    ``(e) Participant Responsibilities.--
            ``(1) Integrated permit application.--Not later than 180 
        days after the date of approval of an application to 
        participate in the demonstration project, the participant shall 
        develop and submit to the Administrator an application for an 
        integrated permit. The application shall include, with respect 
        to the demonstration site--
                    ``(A) an audit of the baseline of the demonstration 
                site;
                    ``(B) an analysis of total environmental loadings 
                for the 2-year period immediately preceding the year of 
                the baseline, that indicates that the baseline is not 
                artificially inflated;
                    ``(C) a pollution prevention plan prepared pursuant 
                to section 6609; and
                    ``(D) an alternative compliance plan that indicates 
                any proposed changes from otherwise applicable 
                requirements, including--
                            ``(i) an analysis with respect to the 
                        alternative compliance plan, that indicates, 
                        for each affected emission point--
                                    ``(I) any anticipated change in the 
                                emission rate to each environmental 
                                medium for each affected pollutant (as 
                                compared with the emissions rate under 
                                otherwise applicable requirements); and
                                    ``(II) any anticipated changes in 
                                health or environmental risks and costs 
                                as compared with the otherwise 
                                applicable requirements; and
                            ``(ii) an identification of any aspect of 
                        the alternative plan that constitutes source 
                        reduction.
            ``(2) Permit modifications.--At any time before the date 
        that is 180 days before the date of expiration of an integrated 
        permit issued pursuant to this subsection, a participant may 
        submit an application to the Administrator for a modification 
        of the conditions of the integrated permit. The application 
        shall include the rationale for the modification and the 
        information required under paragraph (1)(D).
            ``(3) Annual reporting requirements.--Not later than 1 year 
        after the date of approval of an application for an integrated 
        permit pursuant to this section, and not less frequently than 
        annually thereafter during the period during which the 
        demonstration project established under this section is in 
        effect, each participant in the demonstration project 
        established under this section shall submit to the 
        Administrator a publicly available report that, with respect to 
        the demonstration site of the participant--
                    ``(A) specifies the actual or estimated costs 
                (including labor and energy) required to implement the 
                conditions of the integrated permit issued to the 
                participant, as compared to costs associated with the 
                baseline established by the participant pursuant to 
                paragraph (1);
                    ``(B) includes an audit of the then current total 
                environmental loadings as compared to the baseline;
                    ``(C) includes an assessment of the then current 
                risks to human health and the environment associated 
                with the total environmental loadings, as compared to 
                the risks associated with the baseline; and
                    ``(D) includes, if appropriate, recommendations for 
                improving the operation of the demonstration site and 
                the demonstration project.
    ``(f) Public Participation.--
            ``(1) Applicant organizations.--
                    ``(A) In general.--Each applicant organization that 
                participates in the demonstration project under 
                subsection (d) shall consist of representatives of--
                            ``(i) the owner or operator of a 
                        demonstration site;
                            ``(ii) the State governing body for the 
                        demonstration site;
                            ``(iii) the local governing body for the 
                        demonstration site; and
                            ``(iv) interested citizen, environmental, 
                        or public interest groups located in the 
                        vicinity of a demonstration site.
                    ``(B) Consideration of composition.--In making 
                recommendations to the Administrator concerning the 
                selection of demonstration sites, the management panel 
                established under subsection (d)(7) shall consider the 
                degree to which each of the categories referred to in 
                clauses (i) through (iv) of subparagraph (A) is 
                represented and involved in an applicant organization 
                that submits an application for participation in the 
                demonstration project.
            ``(2) Early, direct, and meaningful community 
        involvement.--
                    ``(A) In general.--All members of the applicant 
                organization shall have early, direct, and meaningful 
                involvement in critical decisions with regard to the 
                relevant demonstration site, including the application 
                of the organization to participate in the demonstration 
                project submitted pursuant to subsection (d) and the 
                development by the organization of any alternative 
                compliance plans.
                    ``(B) Consideration of views and recommendations.--
                The management panel established under subsection 
                (d)(7) shall consider the views and recommendations of 
                an entire applicant organization regarding all aspects 
                of the demonstration project at a particular 
                demonstration site.
            ``(3) Technical assistance grants.--The Administrator may 
        provide a technical assistance grant to each applicant 
        organization and each local community in the vicinity of each 
        demonstration site.
    ``(g) Termination.--Except as provided in subsection (d)(4), the 
demonstration project shall terminate not later than 10 years after the 
date of enactment of this section.''; and
            (3) by striking section 6613 and inserting the following 
        new section:

``SEC. 6613. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to the 
Environmental Protection Agency--
            ``(1) to carry out section 6605, $8,000,000 for each of 
        fiscal years 1994 through 1998;
            ``(2) to carry out section 6611, $10,000,000 for each of 
        fiscal years 1995 through 2002; and
            ``(3) to carry out the other provisions of this subtitle, 
        $8,000,000 for each of fiscal years 1994 through 1998.
    ``(b) Technical Assistance Grants.--Of the funds made available to 
the Administrator by appropriations pursuant to subsection (a)(2), the 
Administrator may use an amount not to exceed 20 percent of the funds 
to carry out section 6611(f)(3).''.

      TITLE III--NONPOINT POLLUTION CONTROL AND WATERSHED PLANNING

SEC. 301. WATER QUALITY MONITORING.

    (a) State Water Quality Monitoring Programs.--Section 305 (33 
U.S.C. 1315) is amended--
            (1) in subsection (a), by inserting ``In General.--'' after 
        ``(a)''; and
            (2) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) State Water Quality Monitoring Programs.--
            ``(1) In general.--Each State shall conduct a comprehensive 
        program to monitor the quality of the waters and aquatic 
        sediment in the State.
            ``(2) State program.--Each State monitoring program 
        conducted pursuant to this subsection shall, at a minimum--
                    ``(A) assess whether the waters in the State--
                            ``(i) provide for the protection and 
                        propagation of a balanced population of 
                        shellfish, fish, and wildlife;
                            ``(ii) allow for recreation in and on the 
                        waters; and
                            ``(iii) are of sufficient quality to 
                        provide for public water supply needs;
                    ``(B) identify waters and aquatic sediment that do 
                not meet water or sediment quality standards; and
                    ``(C) assess the contribution of point sources, 
                nonpoint sources, and background sources to the water 
                pollution problems of the State referred to in 
                subparagraphs (A) and (B).
            ``(3) Minimum requirements.--Not later than 2 years after 
        the date of enactment of this paragraph, the Administrator 
        shall promulgate regulations that specify minimum requirements 
        for State monitoring programs conducted pursuant to this 
        subsection, including a requirement that all navigable waters 
        in each State be monitored for compliance with water and 
        sediment quality standards not less often than every 5 years. 
        The regulations shall provide an opportunity for citizens to 
        conduct water and sediment quality monitoring using methods and 
        procedures prescribed by the Administrator. Before promulgating 
        the regulations, the Administrator shall consult with the Chief 
        Executive Officer of the Corporation for National and Community 
        Service regarding the appropriate involvement, in monitoring 
        activities by citizens, by participants in a program carried 
        out under title I of the National and Community Service Act of 
        1990 (42 U.S.C. 12511 et seq.). Monitoring data collected by 
        any person in accordance with the methods and procedures 
        prescribed by the Administrator may be submitted to a State and 
        shall be used by the State, in the absence of contravening 
        information, to prepare reports on water and sediment quality 
        under this section and to identify and list impaired or 
        threatened waters under section 319(a).
            ``(4) Program coordination.--Each State monitoring program 
        conducted pursuant to this subsection shall coordinate the 
        assessment of water and sediment quality in the State, drawing 
        on data from--
                    ``(A) monitoring programs of Federal, State, and 
                local agencies (including drinking water and ground 
                water monitoring programs);
                    ``(B) monitoring of dischargers pursuant to section 
                308 or 402;
                    ``(C) monitoring and data collection activities 
                underway at land-grant universities; and
                    ``(D) citizen monitoring programs.
            ``(5) State report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this paragraph, and every 5 years 
                thereafter, each State shall prepare, and submit to the 
                Administrator, a report containing information, for all 
                waters in the State, on the attainment and maintenance 
                of water and sediment quality standards. To assist in 
                maintaining a national inventory of water and sediment 
                quality on a continuous basis as provided in paragraph 
                (6), each State shall submit to the Administrator water 
                and sediment quality monitoring data as the data 
                becomes available during each 5-year period.
                    ``(B) Contents of report.--Each State shall include 
                in each report referred to in subparagraph (A) data 
                collected from hydrologic study units, fixed monitoring 
                stations, and other monitoring programs operated by 
                Federal agencies.
            ``(6) Availability of data.--The Administrator shall ensure 
        that the data provided in the reports submitted pursuant to 
        paragraph (5) are maintained in a national inventory on a 
        continuous basis by the Environmental Protection Agency, and 
        that the repository is updated in a timely fashion.''.
    (b) Intergovernmental Task Force on Monitoring Water Quality.--
Section 305 (33 U.S.C. 1315) is amended by adding at the end the 
following new subsection:
    ``(c) Intergovernmental Task Force on Monitoring Water Quality.--
            ``(1) In general.--The President shall maintain the 
        Intergovernmental Task Force on Monitoring Water Quality 
        (established to carry out the directive of the Director of the 
        Office of Management and Budget issued in 1991 under the Office 
        of Management and Budget memorandum numbered M-92-01). The Task 
        Force shall give advice with respect to the coordination of 
        Federal and State water and sediment quality monitoring 
        programs.
            ``(2) Membership of task force.--The Task Force shall be 
        composed of--
                    ``(A) a representative of the Administrator, who 
                shall be a cochairperson of the Task Force;
                    ``(B) a representative of the Director of the 
                United States Geological Survey, who shall be a 
                cochairperson of the Task Force;
                    ``(C) representatives of appropriate Federal 
                agencies; and
                    ``(D) representatives of State, interstate, and 
                tribal environmental protection agencies and natural 
                resources agencies.
            ``(3) Responsibilities.--The Task Force 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 quality 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 field 
                data collection and the statistical analysis of 
                monitoring data;
                    ``(E) assist in the effective coordination of data 
                management systems; and
                    ``(F) recommend procedures to ensure the 
                comparability of data collection and laboratory 
                methods, if appropriate.
            ``(4) Strategy.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this subsection, the President, 
                after considering the recommendations of the Task 
                Force, shall submit to Congress a strategy for the 
                coordinated implementation of water and sediment 
                quality monitoring programs.
                    ``(B) Elements of strategy.--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.
            ``(5) Report to congress.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this subsection, and every 5 years 
                thereafter, the Administrator, in cooperation with the 
                Task Force, shall prepare and submit to Congress 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 
                        waters throughout the United States, including 
                        a description and assessment of those waters 
                        not meeting water and sediment quality 
                        standards.
                    ``(B) Contents of report.--The report referred to 
                in subparagraph (A) shall identify needed changes to 
                Federal and State monitoring programs, including the 
                adequacy of funding for the accomplishment of the 
                monitoring programs provided for in this Act.''.

SEC. 302. NONPOINT SOURCE POLLUTION CONTROL.

    (a) Impaired Waters Identification.--The section heading and 
subsection (a) of section 319 (33 U.S.C. 1329) are amended to read as 
follows:

                      ``nonpoint source pollution

    ``Sec. 319. (a) Impaired Waters.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Water Pollution Prevention and Control Act of 
        1994, and every 5 years thereafter, each State shall submit to 
        the Administrator a list of the navigable waters in the State 
        that cannot, without additional action to control nonpoint 
        sources of pollution, reasonably be anticipated to attain or 
        maintain--
                    ``(A) water and sediment quality standards; and
                    ``(B) in the case of a parameter with respect to 
                which no water or sediment quality standard is in 
                effect, water and sediment quality that supports the 
                designated use.
            ``(2) Contents of list.--A list submitted pursuant to 
        paragraph (1) shall include, at a minimum, waters listed 
        pursuant to section 304(l), unless the State demonstrates that 
        the waters do not meet the listing criteria referred to in 
        paragraph (1).
            ``(3) Delineated areas.--For each water listed pursuant to 
        paragraph (1) or (4), the State shall delineate the land area 
        in the State of the watershed of the listed water. Each area 
        delineated pursuant to this paragraph shall include all 
        nonpoint sources of water pollution in the watershed that 
        contribute to the impairment of the quality of the listed 
        water.
            ``(4) Other waters.--In addition to listing the waters 
        referred to in paragraph (1), a State may include, in the list 
        prepared pursuant to such paragraph, any waters in the State 
        that the State determines to be--
                    ``(A) threatened with impairment;
                    ``(B) an outstanding national resource water (as 
                described in section 303(b)(3)(B)); or
                    ``(C) ground water that is contaminated or 
                threatened with contamination by nonpoint sources of 
                pollution.
            ``(5) Public review and comment.--
                    ``(A) In general.--Each State shall provide an 
                opportunity for public review and comment on the list 
                prepared pursuant to this subsection, including holding 
                at least 1 public hearing concerning the list not later 
                than 60 days before submitting the list to the 
                Administrator and providing an opportunity for persons 
                residing in the State to request the listing or 
                delisting of a water.
                    ``(B) Changes to list.--Before submitting the list 
                prepared pursuant to this subsection to the 
                Administrator, the State shall act on each request 
                received under subparagraph (A) by adding to the list 
                any water that the State finds meets the listing 
                criteria referred to in paragraph (1) and removing from 
                the list any water that the State finds does not meet 
                the listing criteria referred to in paragraph (1) or 
                (4).
            ``(6) Approval by administrator.--
                    ``(A) In general.--The Administrator shall review 
                each list required to be prepared pursuant to this 
                subsection not later than 90 days after receipt of the 
                list. The Administrator shall approve the list if the 
                list is consistent with the requirements of this 
                subsection. The approval of the list by the 
                Administrator shall constitute a final agency action 
                that shall be reviewable, on the record, in the 
                appropriate district court of the United States.
                    ``(B) Additions; expansions.--In approving a list 
                submitted by a State pursuant to paragraph (1) and 
                after providing an opportunity for public review and 
                comment (including holding at least 1 public hearing 
                concerning any proposed addition or expansion of the 
                list), the Administrator may--
                            ``(i) add any water in the State that the 
                        Administrator determines meets the criteria 
                        under paragraph (1)(A); or
                            ``(ii) expand an area identified pursuant 
                        to paragraph (3) in order to make the area 
                        consistent with the requirements of this 
                        subsection.
            ``(7) Deletions from the list.--A State may, at any time 
        after a list of impaired and threatened waters is first 
        submitted under paragraph (1), propose that a specific water be 
        deleted from the list if the State can demonstrate through 
        monitoring and other information required by the Administrator 
        that the water is attaining and will continue to attain 
        applicable water and sediment quality standards. The 
        Administrator shall approve or disapprove a proposed deletion 
        within 90 days of receipt of the proposal from the State. The 
        Administrator may require as a condition of approval of a 
        proposed deletion that management measures for categories or 
        subcategories of particular sources located in the delineated 
        area of the water be maintained.
            ``(8) Action by the administrator.--In any case in which a 
        State fails to submit a list pursuant to this subsection by the 
        date specified in paragraph (1), the Administrator, after 
        providing an opportunity for public review and comment 
        (including holding at least 1 public hearing), shall list 
        waters and delineate land areas in a manner consistent with 
        paragraphs (1) and (3) not later than 1 year after the date 
        specified in paragraph (1).''.
    (b) State Management Program.--Subsection (b) of section 319 (33 
U.S.C. 1329(b)) is amended to read as follows:
    ``(b) State Management Program.--
            ``(1) In general.--Not later than 30 months after the date 
        of enactment of the Water Pollution Prevention and Control Act 
        of 1994, and every 5 years thereafter, the Governor of each 
        State shall, after notice and opportunity for public comment, 
        submit to the Administrator for approval a management program 
        for controlling pollution added to waters from nonpoint sources 
        and improving the quality of waters.
            ``(2) Program requirements.--Each management program 
        submitted to the Administrator under this subsection shall 
        include the following:
                    ``(A) A list of the categories and subcategories of 
                sources of nonpoint water pollution, including each of 
                the categories and subcategories identified in guidance 
                published under subsection (c)(2)(A), that contribute 
                to the impairment of or threaten waters listed pursuant 
                to subsection (a).
                    ``(B) A requirement that--
                            ``(i) each new source that is located in 
                        the land area of an impaired water listed 
                        pursuant to subsection (a) or a land area 
                        identified by the Administrator by rule under 
                        subsection (c)(5) implement management 
                        measures, consistent with the guidance 
                        published pursuant to subsection (c), as 
                        expeditiously as practicable, but not later 
                        than 1 year after the date the requirement is 
                        included in an approved program submitted 
                        pursuant to this subsection; and
                            ``(ii) each existing source that is located 
                        in the land area of an impaired water listed 
                        pursuant to subsection (a) implement management 
                        measures consistent with the guidance published 
                        pursuant to subsection (c), or develop a site-
                        specific plan pursuant to subsection (f), as 
                        expeditiously as practicable, but not later 
                        than 3 years after the date of approval of a 
                        program submitted pursuant to this subsection.
                    ``(C) Goals and milestones for progress in 
                attaining water quality standards, including a 
                projected date for attaining designated uses as soon as 
                practicable but not later than 10 years after the date 
                on which the program is approved under this section, 
                for each of the waters listed pursuant to subsection 
                (a).
                    ``(D) A description of the programs (including 
                appropriate nonregulatory or regulatory programs for 
                enforcement, technical assistance, financial 
                assistance, education, training, technology transfer, 
                and demonstration projects) to be carried out to 
                control pollution added to water from nonpoint sources.
                    ``(E) A certification of the attorney general (or 
                equivalent official) of the State stating that the laws 
                of the State provide sufficient authority to ensure the 
                implementation of the management program of the State, 
                including, at a minimum, the authority to seek 
                injunctive relief for the failure to implement and 
                carry out a measure pursuant to subparagraph (B).
                    ``(F) A description of sources of Federal 
                assistance and other assistance and funding (in 
                addition to assistance provided under subsection (h) or 
                (i)) that will be available for each fiscal year during 
                which measures will be implemented pursuant to 
                subparagraph (B), and the purposes for which the 
                assistance will be used during each of the fiscal 
                years.
                    ``(G)(i) A description of Federal financial 
                assistance programs and Federal development projects 
                with respect to which the State will review individual 
                applications for assistance or development projects to 
                determine--
                            ``(I) the effect of the assistance or 
                        development project on water quality (pursuant 
                        to the procedures set forth in Executive Order 
                        12372, as in effect on September 17, 1983); and
                            ``(II) whether the assistance or 
                        development project would be consistent with 
                        the management program developed pursuant to 
                        this subsection.
                    ``(ii) In addition to including Federal financial 
                assistance programs and development projects subject to 
                the Executive Order referred to in clause (i), the 
                Federal financial assistance programs and development 
                projects identified pursuant to this subparagraph may 
                include assistance programs or development projects 
                that--
                            ``(I) are not subject to the Executive 
                        Order;
                            ``(II) are listed in the most recent 
                        Catalog of Federal Domestic Assistance required 
                        to be published by the Administrator of General 
                        Services under section 6104 of title 31, United 
                        States Code; and
                            ``(III) may have a significant effect with 
                        respect to meeting the purposes and objectives 
                        of the nonpoint source pollution management 
                        program of the State.
            ``(3) State alternative management measures.--
                    ``(A) In general.--In developing a management 
                program under this subsection, a State may select 
                alternative management measures and practices that are 
                not identified in the guidance published pursuant to 
                subsection (c) if the alternative measures and 
                practices are as effective or more effective in 
                controlling nonpoint source pollution as the measures 
                and practices specified in the guidance published 
                pursuant to subsection (c).
                    ``(B) Alternative requirements for a source.--With 
                the approval of the Administrator, a State may adopt an 
                alternative requirement with respect to a specific 
                source of nonpoint source pollution on the basis of a 
                showing by the owner or operator of the source that the 
                alternative requirement will represent the maximum use 
                of management measures and practices within the 
                economic capability of the owner or operator.
                    ``(C) Ground water management measures.--To the 
                extent that a State has listed ground waters pursuant 
                to subsection (a)(4)(C), the management program 
                submitted by the State under this subsection shall 
                identify the source categories and subcategories or 
                particular sources of nonpoint pollution to which the 
                program applies and the management measures that 
                sources in the categories and subcategories are 
                required to implement.
            ``(4) Utilization of local and private experts.--In 
        developing and implementing a management program under this 
        subsection, a State shall, to the maximum extent practicable, 
        involve public and private agencies and organizations that have 
        expertise in the control of nonpoint sources of pollution, 
        including any agency or organization that has--
                    ``(A) been certified by the Administrator in 
                accordance with section 208;
                    ``(B) worked jointly with the State on water 
                quality management planning under section 205(j); or
                    ``(C) been designated by the State legislative body 
                or Governor as a water quality management planning 
                agency for the geographic area of the agency or 
                organization.
            ``(5) Development on watershed basis.--A State shall, to 
        the maximum extent practicable, develop and implement a 
        management program under this subsection on a watershed basis 
        within the State.
            ``(6) Applicability of other programs.--A State that has in 
        effect a program approved pursuant to section 6217(b) of the 
        Coastal Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 
        1455b(b)) shall be considered to meet the requirements of this 
        subsection for the area of the State covered by the program.
            ``(7) Failure to submit a management program.--
                    ``(A) In general.--If a State fails to submit a 
                management program to the Administrator pursuant to 
                paragraph (1), or if the Administrator disapproves a 
                program submitted by a State pursuant to paragraph (1), 
                not later than 1 year after the deadline for submittal 
                under paragraph (1) or the date on which the 
                Administrator disapproves a program, the Administrator, 
                after providing notice and an opportunity for public 
                comment, shall issue regulations that provide for the 
                implementation of a management program for the State in 
                a manner consistent with this subsection.
                    ``(B) Requirements for regulations.--A Federal 
                program established by subparagraph (A) shall--
                            ``(i) be deemed to be an approved program, 
                        in the case of a State that fails to submit a 
                        management program, 1 year after the date 
                        specified in paragraph (1), and, in the case of 
                        the disapproval by the Administrator of a 
                        program, on the date of disapproval; and
                            ``(ii) remain in effect until such time as 
                        the Governor of the State submits a management 
                        program that meets the requirements of this 
                        subsection to the Administrator, and the 
                        Administrator approves the program.
                    ``(C) Funding of management program established by 
                regulation.--The Administrator may use sums allocated 
                to the State pursuant to subsection (h) to carry out a 
                management program established by regulation pursuant 
                to this paragraph (including making grants to substate 
                agencies approved by the Administrator pursuant to 
                subsection (e)).
            ``(8) Definitions.--As used in this subsection:
                    ``(A) Existing source.--The term `existing source' 
                means a nonpoint source of water pollution that is not 
                a new source.
                    ``(B) New source.--The term `new source' means a 
                new or expanded operation or facility that is a source 
                of nonpoint water pollution that is identified as a new 
                source by the Administrator in the guidance published 
                under subsection (c).''.
    (c) National Program Guidance.--Subsection (c) of section 319 (33 
U.S.C. 1329(c)) is amended to read as follows:
    ``(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 source pollution management 
        programs.
            ``(2) Contents of guidance.--The guidance published under 
        this subsection shall include, at a minimum--
                    ``(A) a description of categories and subcategories 
                of sources of nonpoint pollution;
                    ``(B) a description of management measures 
                appropriate to each category or subcategory of sources 
                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, taking into account the 
                impact of the measure on ground water quality;
                    ``(C) program implementation criteria appropriate 
                to ensure the implementation of management measures;
                    ``(D) a description of methods to estimate 
                reductions in nonpoint pollution loads necessary to 
                attain and maintain water and sediment quality 
                standards and achieve the goals and requirements of 
                this Act; and
                    ``(E) a description of any necessary monitoring to 
                assess over time the success of management measures in 
                reducing nonpoint pollution and improving water 
                quality.
            ``(3) Regional variation.--In establishing guidance for 
        management measures under this section, the Administrator shall 
        take into account variations in hydrology, geology, climate, 
        and land and water management practices across the regions of 
        the United States and shall ensure that the management measures 
        prescribed are appropriate for the region in which the measures 
        are to be implemented.
            ``(4) New sources on impaired waters.--The Administrator 
        may list categories and subcategories of new sources (and issue 
        associated management measures) in the guidance published under 
        this subsection, if the Administrator determines that new 
        sources in the category or subcategory are likely, in the 
        absence of the management measures, to contribute to pollution 
        that prevents the attainment or maintenance of water or 
        sediment quality standards. State programs required to be 
        submitted pursuant to subsection (b) prior to 30 months after 
        the date of enactment of the Water Pollution Prevention and 
        Control Act of 1994 shall include management measures for new 
        sources in categories or subcategories for which the 
        Administrator has issued guidance prior to 18 months after such 
        date.
            ``(5) New sources on other waters.--The Administrator may 
        by rule, after notice and opportunity for public comment, 
        require State programs submitted under subsection (b) to 
        include requirements for the implementation of management 
        measures, as specified in guidance under this subsection or by 
        the State under subsection (b)(3), for categories and classes 
        of new sources located in land areas outside of impaired waters 
        listed pursuant to subsection (a).
            ``(6) Publication of guidance.--
                    ``(A) Proposed guidance.--Not later than 90 days 
                after the date of enactment of this paragraph, the 
                Administrator shall publish proposed guidance pursuant 
                to this subsection.
                    ``(B) Review.--The Administrator shall provide the 
                heads of interested Federal agencies, States, and other 
                interested persons an opportunity to submit written 
                comments on the proposed guidance.
                    ``(C) Final guidance.--Not later than 180 days 
                after the date of enactment of this paragraph, the 
                Administrator shall publish final guidance pursuant to 
                this subsection.
            ``(7) Definitions.--As used in this subsection:
                    ``(A) Management measures.--The term `management 
                measures' means economically achievable measures for 
                the control of pollution from existing sources and new 
                sources (as defined in subsection (b)(8)) that reflect 
                the greatest degree of pollution 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'--
                            ``(i) 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; and
                            ``(ii) includes appropriate State laws, 
                        county or municipal ordinances, financial 
                        assistance programs, and related enforceable 
                        authorities.''.
    (d) Approval or Disapproval of Management Programs.--Subsection (d) 
of section 319 (33 U.S.C. 1329(d)) is amended--
            (1) in paragraph (1)--
                    (A) in the first sentence--
                            (i) by striking ``report or'' both places 
                        it appears; and
                            (ii) by striking ``, as the case may be''; 
                        and
                    (B) by striking the third sentence;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``(b)(2)'' and 
                inserting ``(b)'';
                    (B) in subparagraph (C), by striking ``sufficiently 
                expeditious'' and inserting ``consistent with the 
                schedules established in subsection (b)''; and
                    (C) in subparagraph (D), by inserting before ``are 
                not adequate to reduce the level of pollution in 
                navigable waters'' the following: ``are not consistent 
                with the requirements of subsection (b) for all new 
                sources and for existing sources located in delineated 
                areas for waters listed pursuant to subsection (a), or 
                otherwise''; and
            (3) by striking paragraph (3) and inserting the following 
        new paragraph:
            ``(3) Grant adjustment.--
                    ``(A) In general.--For fiscal year 1998, and for 
                each fiscal year thereafter--
                            ``(i) no grant funds available to a State 
                        under this section shall be awarded to a State 
                        that does not have in effect a management 
                        program that has been approved by the 
                        Administrator pursuant to this subsection; and
                            ``(ii) the Administrator shall reserve a 
                        proportionate share of the funds made available 
                        to States under this section for any State that 
                        does not have in effect a management program 
                        that has been approved by the Administrator 
                        pursuant to this subsection.
                    ``(B) Allocation of reserved funds.--The 
                Administrator shall first allocate any amount reserved 
                pursuant to subparagraph (A)(ii), in such amounts as 
                the Administrator considers appropriate, among local 
                management programs in the State that have been 
                approved pursuant to subsection (e). The Administrator 
                shall make available any amounts that the Administrator 
                does not allocate in accordance with the preceding 
                sentence to States that have in effect a program 
                approved by the Administrator pursuant to this 
                subsection.''.
    (e) Site-Specific Water Quality Plans.--Subsection (f) of section 
319 is amended to read as follows:
    ``(f) Site-Specific Water Quality Plans.--
            ``(1) In general.--
                    ``(A) Sources.--Each State management program that 
                is approved by the Administrator pursuant to subsection 
                (d) shall provide that sources of nonpoint pollution, 
                including agricultural sources, that are located in the 
                delineated area of a water listed pursuant to 
                subsection (a) may implement a site-specific water 
                quality plan in lieu of implementing the management 
                measures described in subsection (c).
                    ``(B) Agricultural sources.--With respect to 
                agricultural sources that implement a plan referred to 
                in subparagraph (A), the Secretary of Agriculture, 
                acting through the Chief of the Soil Conservation 
                Service, in consultation with the State Agricultural 
                Experiment Stations and Cooperative Extension Services 
                of the land-grant universities, shall assist States in 
                the development and implementation of the plans to the 
                fullest extent practicable.
            ``(2) Requirements for plan.--Each plan developed pursuant 
        to paragraph (1) shall--
                    ``(A) provide for the implementation of management 
                measures that--
                            ``(i) are appropriate to the site;
                            ``(ii) are economically achievable by the 
                        owner or operator of the source; and
                            ``(iii) will result in a significant 
                        reduction in nonpoint pollution from the 
                        source;
                    ``(B) recognize and incorporate appropriate 
                management measures in place at the site at the time 
                the plan is developed;
                    ``(C) 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;
                    ``(D) provide for a periodic assessment of the 
                implementation of the plan and the effect of management 
                measures; and
                    ``(E) terminate on the date that is 5 years after 
                the date of initiation of the plan.
            ``(3) Agricultural plans.--To assist in the development of 
        site-specific water quality plans for agricultural sources 
        pursuant to this subsection, each State with a management 
        program that has been approved by the Administrator pursuant to 
        subsection (d) shall develop, in consultation with the State 
        Agricultural Experiment Stations and Cooperative Extension 
        Services of the land-grant universities, a local handbook that 
        is based on the local field technical guides of the Soil 
        Conservation Service of the Department of Agriculture.
            ``(4) Plan approval.--Each plan developed pursuant to 
        paragraph (1) shall be reviewed by an appropriate official of 
        the Federal or State agency specified in the management program 
        developed pursuant to subsection (b). If the plan meets the 
        requirements of paragraph (2), the official shall approve the 
        plan.
            ``(5) Effect of existing plans that protect water 
        quality.--
                    ``(A) In general.--An owner or operator of a 
                nonpoint source who, as of the date of enactment of 
                this paragraph, is actively applying or maintaining--
                            ``(i) a plan developed pursuant to the 
                        conservation compliance program established 
                        under subtitle B of title XII of the Food 
                        Security Act of 1985 (16 U.S.C. 3811 et seq.); 
                        or
                            ``(ii) a plan developed pursuant to the 
                        agricultural water quality protection program 
                        established under chapter 2 of subtitle D of 
                        title XII of the Food Security Act of 1985 (16 
                        U.S.C. 3838 et seq.),
                shall be deemed to satisfy the requirements of 
                paragraph (1).
                    ``(B) Additions to existing plans.--If a 
                predominant portion of the land area of an owner or 
                operator described in subparagraph (A)--
                            ``(i) is not covered by an applicable plan 
                        referred to in such subparagraph; and
                            ``(ii) is contributing to the impairment of 
                        a water listed pursuant to subsection (a)(1),
                the owner or operator shall develop a plan for the land 
                area pursuant to the requirements of paragraph (2), 
                unless the owner or operator is complying with 
                management measures consistent with the guidance 
                published pursuant to subsection (c). After consulting 
                with the Secretary of Agriculture, the Administrator 
                shall issue guidelines for determining when an owner or 
                operator is required to develop a plan for a land area 
                pursuant to this subparagraph.
                    ``(C) Revised plans.--Beginning on the date that is 
                7 years after the approval of a State program first 
                submitted after the date of enactment of this 
                subparagraph (or a Federal program implemented pursuant 
                to subsection (b)(7)), only plans for sources in the 
                State that have been revised to be fully consistent 
                with the requirements of paragraph (2) shall be deemed 
                to satisfy the requirements of paragraph (1).''.
    (f) Grant Programs.--Section 319(h) (33 U.S.C. 1329(h)) is 
amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by striking ``a report submitted under 
                subsection (a) and'';
                    (B) by inserting ``(A)'' before ``a management 
                program submitted under subsection (b)'';
                    (C) by inserting ``, or (B) a management program 
                submitted and approved under section 6217(b) of the 
                Coastal Zone Act Reauthorization Amendments of 1990 (16 
                U.S.C. 1455b(b))'' after ``this section''; and
                    (D) by inserting ``developing and'' before 
                ``implementing such management program'';
            (2) in paragraph (2), by striking ``best management 
        practices and measures'' and inserting ``management measures'';
            (3) by striking paragraph (5) and inserting the following 
        new paragraph:
            ``(5) Allotment of grant funds.--
                    ``(A) In general.--The Administrator shall 
                establish a formula for the allocation of sums made 
                available by appropriations to carry out this 
                subsection pursuant to subsection (j).
                    ``(B) Formula.--The formula developed pursuant to 
                subparagraph (A) shall reflect the following factors 
                that relate to nonpoint source pollution in each State:
                            ``(i) Cropland acreage.
                            ``(ii) Pasture and rangeland acreage.
                            ``(iii) Acreage managed for timber 
                        harvesting.
                            ``(iv) Recreational and commercial boating 
                        activity.
                            ``(v) Acreage of wellhead protection areas 
                        established pursuant to section 1428 of title 
                        XIV of the Public Health Service Act (commonly 
                        known as the `Safe Drinking Water Act') (42 
                        U.S.C. 300h-7).
                            ``(vi) Stormwater discharges owned by 
                        municipalities other than discharges subject to 
                        the requirements of section 402(p).
                    ``(C) Recent data.--In establishing the formula 
                pursuant to subparagraph (A), the Administrator shall 
                use the most recent available data for the factors 
                listed under subparagraph (B).
                    ``(D) Proportionate contribution.--The formula 
                shall assign a weight for each factor listed in 
                subparagraph (B) in accordance with the proportionate 
                contribution of the factor to nonpoint source 
                pollution.
                    ``(E) Reserved amount.--Beginning with fiscal year 
                1998, the Administrator shall reserve 20 percent of the 
                amount of funds made available by appropriation to 
                carry out this subsection pursuant to subsection (j). 
                From the reserved amount, the Administrator shall 
                allocate to each State an amount that bears the same 
                ratio to the total reserved amount as the amount of 
                acreage delineated by the State pursuant to subsection 
                (a) bears to the total amount of acreage delineated by 
                all States pursuant to subsection (a).
                    ``(F) Minimum percentage.--The minimum percentage 
                of funds allocated to each of the States pursuant to 
                the formula developed pursuant to subparagraph (A) 
                shall be 0.5 percent.'';
            (4) in the first sentence of paragraph (6), by inserting 
        before the period the following: ``, and shall remain available 
        for the following fiscal year'';
            (5) 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 for the purpose 
                of complying with subsection (b) (including the 
                implementation of a site-specific water quality plan 
                developed pursuant to subsection (f)) and only to the 
                extent that the assistance is related to--
                            ``(i) the cost of a demonstration project;
                            ``(ii) an incentive grant; or
                            ``(iii) land acquisition or a conservation 
                        easement.
                    ``(B) Limitation.--An incentive grant may be made 
                only if--
                            ``(i) the amount of funding for a project 
                        provided pursuant to this subsection does not 
                        exceed 50 percent of the cost of the project;
                            ``(ii) the amount of funding for a project 
                        from all Federal sources does not exceed 75 
                        percent of the cost of the project;
                            ``(iii) the amount of the assistance to any 
                        person does not exceed $10,000 per year;
                            ``(iv) the State determines before awarding 
                        the grant that the measure funded by the grant 
                        has a design life in excess of 5 years; and
                            ``(v) in making the grants available, the 
                        State will give highest priority to persons 
                        with the greatest financial need.
                    ``(C) Limitations on land acquisition and 
                conservation easement grants.--
                            ``(i) Consistency.--Land acquisition or a 
                        conservation easement may be funded under this 
                        paragraph only if the land acquisition or 
                        conservation easement is consistent with a 
                        site-specific water quality plan developed 
                        pursuant to subsection (f) or with applicable 
                        management measures pursuant to subsection 
                        (b)(3)(A) or (c).
                            ``(ii) Limitation.--The amount of funds 
                        used by a State in any year from grants 
                        authorized under this subsection for incentive 
                        grants, land acquisition, or conservation 
                        easements shall not exceed an amount equal to 
                        70 percent of the total amount of funds made 
                        available to the State in that year under this 
                        subsection.
                    ``(D) Incentive grant defined.--As used in this 
                paragraph, the term `incentive grant' means a grant to 
                an individual to implement either--
                            ``(i) a site-specific water quality plan 
                        developed pursuant to subsection (f); or
                            ``(ii) applicable management measures.'';
            (6) in paragraph (12), by inserting ``land acquisition, 
        conservation easement, and incentive grants,'' after 
        ``demonstration projects,''; and
            (7) 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 
        program pursuant to this section, 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 in the 
        same manner as funds allocated pursuant to subsection 
        (d)(3)(B).''.
    (g) Ground Water Quality Grants.--Section 319(i) (33 U.S.C. 
1329(i)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``for which a report submitted 
                under subsection (a) and a plan submitted under 
                subsection (b) is approved under this section''; and
                    (B) by striking ``Administrator shall'' and 
                inserting ``Administrator may'';
            (2) in paragraph (3), by striking ``, except that the 
        maximum amount of Federal assistance which any State may 
        receive under this subsection in any fiscal year shall not 
        exceed $150,000''; and
            (3) by striking paragraph (4).
    (h) Authorization of Appropriations.--Section 319(j) (33 U.S.C. 
1329(j)) is amended by inserting after the first sentence the following 
new sentence: ``There are authorized to be appropriated to carry out 
subsections (h) and (i) 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. For each of fiscal 
years 1995 through 2000, not to exceed $15,000,000 of the amounts 
authorized by the preceding sentence shall be made available to carry 
out subsection (i).''.
    (i) Technical Information and Assistance.--Section 319(l) (33 
U.S.C. 1329(l)) is amended--
            (1) by striking ``(1)'' and inserting ``(A)'';
            (2) by striking ``(2)'' and inserting ``(B)'';
            (3) by striking ``Information.--The Administrator'' and 
        inserting the following: ``Information.--
            ``(1) In general.--The Administrator''; and
            (4) by adding at the end the following new paragraph:
            ``(2) Education and outreach.--
                    ``(A) In general.--The Administrator may provide 
                grants to and enter into cooperative agreements with 
                public and nonprofit agencies and organizations, and 
                enter into contracts with other persons, to provide 
                technical assistance, establish and maintain 
                clearinghouses, publish and circulate newsletters, 
                publish and disseminate educational materials, and 
                sponsor conferences and events for the owners or 
                operators of sources of nonpoint water pollution to 
                further the goals and objectives of this Act.
                    ``(B) Marina program.--The Administrator is 
                authorized to make grants to the CleanMarina Program to 
                support the reduction of pollution resulting from the 
                operation of marina facilities and recreational boating 
                activities. The International Marina Institute shall 
                serve as the executive of the CleanMarina Program and 
                may use grants under this paragraph to--
                            ``(i) produce and publish a marina 
                        environmental compliance handbook;
                            ``(ii) conduct a national marina water 
                        quality survey;
                            ``(iii) develop and maintain a water 
                        quality information clearinghouse for marina 
                        owners and operators; and
                            ``(iv) conduct a marina outreach program 
                        sponsoring seminars and conferences in all 
                        regions of the United States.
                    ``(C) Authorization of appropriations.--There are 
                authorized to be appropriated to the Administrator to 
                carry out this paragraph $5,000,000 for each of fiscal 
                years 1995 through 2000, of which not less than 
                $1,000,000 for each of fiscal years 1995 through 1997 
                shall be made available to support the CleanMarina 
                Program.''.
    (j) Federal Lands and Highways.--Subsection (m) of section 319 (33 
U.S.C. 1329(m)) is amended to read as follows:
    ``(m) Federal Lands and Highways.--
            ``(1) Federal lands and activities.--
                    ``(A) In general.--The President shall direct the 
                heads of appropriate Federal agencies that own or 
                manage land, or issue licenses for activities that 
                cause nonpoint source pollution, to promulgate 
                regulations to ensure the implementation of management 
                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 existing sources located within 
                        the delineated area of a water listed under 
                        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.--The schedule for 
                        implementing management measures and site-
                        specific water quality plans pursuant to 
                        subparagraph (A) shall be consistent with any 
                        schedule established by the State under a State 
                        program approved pursuant to subsection (d).
                            ``(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) Appropriate modification.--Any license, 
                permit, contract, special use permit, lease, agreement, 
                claim or related operational authority between a 
                Federal agency and a person that authorizes activities 
                on Federal lands and is in effect on the date specified 
                in subparagraph (B)(ii), shall, if appropriate, be 
                modified to ensure the implementation of the measures 
                identified pursuant to subparagraph (A) in conformance 
                with the schedule referred to in subparagraph (B).
                    ``(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 use 
                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.''.
    (k) 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.--For the purposes of qualifying for 
        financial assistance pursuant to section 603(c)(1), a person 
        may submit to the Administrator (or in the case of a State with 
        a program approved by the Administrator under subsection (d), 
        the State) a plan for the construction of an animal waste 
        management facility. Each plan submitted pursuant to this 
        paragraph shall--
                    ``(A) be consistent with the guidelines described 
                in the agriculture waste management field handbook 
                developed by the Soil Conservation Service of the 
                Department of Agriculture;
                    ``(B) be designed to protect surface water and 
                ground water; and
                    ``(C) include an estimate of the total cost of 
                construction of the facility.
            ``(2) Review and approval.--The Administrator (or in the 
        case of a State with a program approved by the Administrator 
        under subsection (d), the State) shall review and approve or 
        disapprove each plan for the construction of an animal waste 
        management facility submitted pursuant to this subsection.
            ``(3) Technical assistance.--The Secretary of Agriculture 
        may provide technical assistance and education to persons 
        concerning the design of animal waste management facilities. 
        The assistance may include--
                    ``(A) designing facilities to account for site-
                specific conditions; and
                    ``(B) integrating facilities into related 
                agricultural activities and other plans pursuant to 
                subsection (b).''.
    (l) Subsurface Sewage Disposal.--Section 319 (33 U.S.C. 1329), as 
amended by subsection (k), 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.--The guidelines published 
        pursuant to this subsection may set forth--
                    ``(A) standards for the design and location of new 
                subsurface sewage disposal systems;
                    ``(B) maintenance requirements and schedules for 
                existing systems (existing at the time of publication 
                of the guidelines);
                    ``(C) financial management and control practices;
                    ``(D) provisions for the management or disposal of 
                waste material for systems; and
                    ``(E) such other matters as the Administrator 
                determines to be appropriate.
            ``(4) Plan approval.--The Administrator (or in the case of 
        a State with a program approved by the Administrator under 
        subsection (d), the State) shall review and approve or 
        disapprove each plan for the establishment of a subsurface 
        sewage disposal organization pursuant to this subsection. Upon 
        approval of the plan, the organization shall be eligible for 
        assistance under title VI.''.
    (m) State Water Law.--Section 319 (33 U.S.C. 1329), as amended by 
subsection (l), 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 any quantity of water in the State.''.

SEC. 303. COMPREHENSIVE WATERSHED PLANNING AND MANAGEMENT.

    (a) Statement of Congressional Policy.--Section 101 (33 U.S.C. 
1251) is amended--
            (1) in subsection (a)(2), by inserting ``a balanced, 
        indigenous population of'' after ``propagation of''; and
            (2) by adding at the end the following new subsection:
    ``(h) Water Quality.--It is the policy of Congress to encourage the 
development and implementation of comprehensive watershed management to 
maintain and enhance water quality, and to further the purposes of this 
Act by--
            ``(1) applying limited resources to the most important 
        water quality problems;
            ``(2) increasing public participation in selecting measures 
        to maintain and enhance water quality;
            ``(3) coordinating the water quality programs of this Act 
        with other programs to restore and protect natural resources; 
        and
            ``(4) identifying for specific watersheds long-term social, 
        economic, and natural resource objectives and the water quality 
        necessary to support those objectives.''.
    (b) Comprehensive Watershed Management.--Title III (33 U.S.C. 1311 
et seq.) is amended by adding at the end the following new section:

                  ``comprehensive watershed management

    ``Sec. 321. (a) Designation of Watersheds.--
            ``(1) In general.--The Governor of a State may at any time 
        designate waters (including ground waters) and associated land 
        areas in the State as a watershed management unit, including 
        urban watersheds. To the extent practicable, the boundaries of 
        each watershed management unit shall be consistent with 
        accounting units identified by the United States Geological 
        Survey of the Department of the Interior.
            ``(2) Requirements for designation.--Each designation under 
        paragraph (1) shall--
                    ``(A) identify the waters in the watershed 
                management unit that fail to meet water or sediment 
                quality standards at the time of the designation;
                    ``(B) identify outstanding national resource waters 
                (as described in section 303(b)(3)(B)) and sensitive 
                aquatic habitat areas in the watershed management unit; 
                and
                    ``(C) include, to the extent practicable, the land 
                area occupied by all sources of pollution that are 
                causing, or contributing to, an impairment identified 
                pursuant to subparagraph (A).
            ``(3) Multistate units.--A watershed management unit 
        established under this subsection may include waters and 
        associated land areas in more than 1 State if the Governors of 
        the affected States jointly designate the watershed management 
        unit.
    ``(b) Planning Activities.--
            ``(1) Planning entities.--
                    ``(A) In general.--The Governor of a State shall 
                assign the responsibility to develop a plan for each 
                watershed management unit designated under this section 
                to an agency of the State government, a local 
                government agency, a substate or interstate regional 
                planning organization, a conservation district or other 
                natural resource management district, or any other 
                public or nonprofit entity that has the capacity to 
                serve as a watershed management planning entity to 
                carry out the planning functions set forth in the 
                guidance issued under paragraph (2).
                    ``(B) Public participation.--Each State shall 
                establish procedures, including the establishment of 
                technical and citizen's advisory committees, to 
                encourage public participation in developing 
                comprehensive watershed management plans pursuant to 
                this section.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall issue 
        guidance for comprehensive watershed management and planning 
        under this section. The guidance shall specify minimum 
        requirements for watershed designation, legal authorities, 
        financial resources, public participation, and other elements 
        that are necessary for the approval of a watershed management 
        plan pursuant to subsection (c)(4).
            ``(3) Approval of management units and planning entities.--
        The Governor of a State may submit any designation of a 
        watershed management unit under subsection (a), and the 
        authorities and planning procedures adopted for the planning 
        entity for the unit designated under paragraph (1), to the 
        Administrator for approval. If the Administrator determines 
        that the designation of the watershed management unit and the 
        authorities and planning procedures of the planning entity are 
        consistent with the guidance published under paragraph (2), the 
        Administrator shall approve the designation, authorities, and 
        planning procedures and the planning entity shall be eligible 
        for assistance under paragraph (4). Not later than 60 days 
        after the date on which the Governor of a State submits the 
        designation, authorities, and procedures referred to in the 
        first sentence of this paragraph to the Administrator, the 
        Administrator shall approve or disapprove the submission. If 
        the Administrator disapproves the submission, the Administrator 
        shall notify the State in writing of the reasons for the 
        disapproval. The State may resubmit to the Administrator 
        amended designation, authorities, and planning procedures that 
        address the objections of the Administrator that were the basis 
        for the disapproval.
            ``(4) Assistance.--
                    ``(A) Use of other funds made available under this 
                act.--Planning activities carried out by an entity 
                approved pursuant to paragraph (3) may be supported 
                with funds made available pursuant to section 106(h), 
                205(j), 319(e), 320, or 604(b).
                    ``(B) Assistance for multistate planning.--The 
                Administrator shall assist States, and other agencies 
                and organizations that have an interest in 
                comprehensive watershed planning for management units 
                with land area in more than 1 State, to facilitate the 
                activities necessary to designate a unit and convene a 
                planning entity prior to the time that responsibilities 
                are assigned to a planning entity by the Governors of 
                the States. There are authorized to be appropriated to 
                the Administrator such sums as are necessary to make 
                grants and provide technical assistance to carry out 
                this subparagraph.
            ``(5) Interagency committee.--There is established an 
        interagency committee to support comprehensive watershed 
        management and planning, and coordinate policies and programs 
        related to watershed management and planning. The President 
        shall appoint the members of the interagency committee. The 
        members shall include a representative from each Federal agency 
        that carries out programs and activities that have a 
        significant impact on water quality or any other natural 
        resource value that may be appropriately addressed through 
        comprehensive watershed management.
    ``(c) Comprehensive Watershed Management 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.
            ``(2) Elements of watershed management plans.--A watershed 
        management plan developed pursuant to this section should 
        include--
                    ``(A) a characterization of--
                            ``(i) the waters of the watershed 
                        management unit;
                            ``(ii) the existing, designated, and 
                        potential uses of the waters;
                            ``(iii) the living resources supported by 
                        the waters; and
                            ``(iv) other natural, social, and economic 
                        values that may be affected by water quality 
                        within the watershed;
                    ``(B) an identification of problems relating to 
                water quality within the watershed (including 
                impairments or threats to the existing, designated, and 
                potential uses of waters in the watershed, pollutants 
                of concern, and any source of pollutants that causes 
                impairments or threats), taking into account naturally 
                occurring background sources;
                    ``(C) the selection of short-term and long-term 
                goals for watershed management (including the 
                maintenance or restoration of water quality and 
                sediment quality, and the conservation and protection 
                of aquatic and wildlife habitat and living resources 
                supported by the waters of the watershed);
                    ``(D) the selection of measures and practices to 
                meet the goals referred to in subparagraph (C) 
                (including the design of remedial actions necessary to 
                restore uses);
                    ``(E) the identification and coordination of 
                projects and activities to restore water quality and 
                aquatic habitat within the watershed (including 
                Federal, State, local, and other financial resources 
                needed to support the projects and activities);
                    ``(F) the identification of appropriate Federal, 
                State, local, and other institutional arrangements to 
                carry out the plan; and
                    ``(G) an implementation schedule that identifies 
                priorities for action and annual milestones for a 5-
                year planning period.
            ``(3) Requirements for plan approval.--
                    ``(A) In general.--A watershed management plan 
                developed under this section shall include the elements 
                specified in subparagraphs (B) through (D).
                    ``(B) Contents of plan.--Except as provided in 
                subparagraph (C), if the watershed includes waters that 
                are not meeting water or sediment quality standards at 
                the time of submission of the plan, the plan shall--
                            ``(i) identify each pollutant and source 
                        causing the impairment;
                            ``(ii) demonstrate that the standards will 
                        be attained as expeditiously as practicable, 
                        but not later than 10 years after the date of 
                        submission of the plan; and
                            ``(iii) include periodic determinations to 
                        ensure that reasonable further progress within 
                        the economic capability of the sources within 
                        the watershed will be made toward attaining the 
                        standards.
                    ``(C) Point source controls.--If the pollutant load 
                of a water that is subject to a watershed management 
                plan under this subsection is attributable entirely or 
                substantially to point sources, the plan shall 
                demonstrate that, with respect to the water--
                            ``(i) water and sediment quality standards 
                        will be attained not later than 5 years after 
                        the date of enactment of this section; and
                            ``(ii) 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 in clause (i) will be made.
                    ``(D) Maintenance of water and sediment quality 
                standards.--With respect to any water in the watershed 
                that is the subject of the watershed management plan 
                that has attained water and sediment quality standards 
                at the time of the submission of the plan, the plan 
                shall identify the projects and activities necessary to 
                maintain the water and sediment quality standards.
                    ``(E) Consistency.--The Governor shall establish a 
                procedure to ensure that a facility located in more 
                than one watershed in a State is not subject to 
                inconsistent requirements under this section.
            ``(4) Plan approval.--
                    ``(A) In general.--The Administrator shall, after 
                notice and opportunity for public comment, approve a 
                comprehensive watershed management plan that meets the 
                requirements of this section. The approval of a 
                comprehensive watershed management plan shall 
                constitute final agency action for the purposes of 
                section 509.
                    ``(B) Prior approval not required.--The Governor of 
                a State may submit a watershed management plan to the 
                Administrator for approval under this subsection 
                without seeking prior approval under subsection (b)(3) 
                of the related designation, authorities, and procedures 
                described in subsection (b)(3).
                    ``(C) Approval of certain plans.--Any watershed 
                management plan that has been approved by the 
                Administrator pursuant to section 320(f), and any plan 
                developed pursuant to section 525 of the Water Quality 
                Act of 1987 (33 U.S.C. 1375 note), shall be considered 
                to have been approved by the Administrator for the 
                purposes of this section.
                    ``(D) Disapproval of plan.--If the Administrator 
                disapproves a watershed management plan submitted 
                pursuant to this section, the Administrator shall 
                notify the Governor of the State in writing of the 
                reasons for the disapproval. The Governor of the State 
                may resubmit to the Administrator an amended plan that 
                addresses the objections of the Administrator.
                    ``(E) Delegation of authority.--
                            ``(i) In general.--The Administrator may 
                        delegate to a State the authority to approve 
                        watershed plans developed by local governmental 
                        agencies, substate and interstate agencies, 
                        local conservation or natural resource 
                        districts, or other municipal or nonprofit 
                        entities under this section, if--
                                    ``(I) the State submits a program 
                                to the Administrator that is in 
                                compliance with the guidance issued 
                                under subsection (b)(2) and ensures 
                                that each plan approved by the State 
                                will be subject to conditions no less 
                                stringent than those applicable to a 
                                plan approved under paragraph (1);
                                    ``(II) the State program provides 
                                adequate financial and information 
                                resources for the planning entities, 
                                including pass-through of planning 
                                funds available under this Act, for the 
                                development of plans and oversight of 
                                plan implementation; and
                                    ``(III) the Administrator 
                                periodically reviews State decisions 
                                with respect to specific watershed 
                                plans to determine whether the plans 
                                comply with the requirements of this 
                                section and the guidance issued by the 
                                Administrator.
                            ``(ii) Revocation.--If at any time after 
                        delegating authority to a State pursuant to 
                        clause (i), the Administrator determines that a 
                        State is not meeting the requirements of this 
                        section or the guidance issued by the 
                        Administrator, the Administrator shall withdraw 
                        approval of the State program.
                            ``(iii) Disapproval.--If any plan proposed 
                        for approval by a State contains provisions 
                        that are determined by the Administrator as not 
                        in compliance with this Act, including the 
                        requirement that the plan demonstrate progress 
                        toward and attainment of water quality 
                        standards within the period specified in 
                        subsection (c)(3)(B), the Administrator shall 
                        object to State approval of the plan. The State 
                        shall respond in writing to the objection of 
                        the Administrator indicating the modifications 
                        that will be made in the plan to remove the 
                        objection. The State shall not approve a 
                        proposed plan until the objections of the 
                        Administrator have been resolved.
                            ``(iv) Petition.--If the Administrator does 
                        not object to the approval of a plan, any 
                        person may petition the Administrator to take 
                        such action, and the Administrator shall 
                        respond to the petition within 90 days of 
                        receipt. The State shall not approve the plan 
                        during the 90-day period. The petition shall be 
                        based on comments made by the petitioner during 
                        public review of the plan by the State.
                            ``(v) Eligibility.--For purposes of section 
                        604(a)(3), a plan `approved by the 
                        Administrator' includes a plan approved by a 
                        State that has a program approved by the 
                        Administrator under this subparagraph.
                            ``(vi) Exception.--Paragraphs (3) and (5) 
                        of subsection (d) shall only apply to plans 
                        that have been approved by the Administrator 
                        pursuant to paragraph (1).
            ``(5) Plan term.--The approval by the Administrator of a 
        plan shall be in effect for a period of not to exceed 5 years. 
        A revised and updated plan may be submitted prior to the 
        expiration of the 5-year period if the revised plan meets the 
        same conditions and requirements that apply to the initial 
        plan.
    ``(d) Incentives for Watershed Planning.--
            ``(1) Activities of federal agencies.--
                    ``(A) In general.--Each activity carried out by a 
                Federal agency that affects water quality within a 
                watershed management unit for which a watershed 
                management plan has been approved by the Administrator 
                under subsection (c)(4) shall be carried out, to the 
                maximum extent practicable, in a manner that is 
                consistent with the plan.
                    ``(B) Exception.--Notwithstanding subparagraph (A), 
                the President may exempt an activity of a Federal 
                agency from the requirements of a watershed management 
                plan that has been approved by the Administrator under 
                subsection (c)(4) if the President determines that the 
                activity is in the paramount interest of the United 
                States and cannot be conducted in a manner consistent 
                with the plan.
            ``(2) Eligibility of projects and activities.--The projects 
        and activities identified in a watershed management plan that 
        has been approved by the Administrator under subsection (c)(4) 
        as necessary for the attainment and maintenance of water and 
        sediment quality standards applicable to the waters in the 
        watershed management unit shall--
                    ``(A) be included in any needs assessment conducted 
                pursuant to section 516; and
                    ``(B) be eligible to receive funding pursuant to 
                section 603(c)(1)(G).
            ``(3) Water quality limited permits.--
                    ``(A) In general.--Notwithstanding section 
                301(b)(1)(C), and subject to section 402(o), the 
                Administrator (or a State) may issue to a source a 
                permit that includes a limitation for a pollutant to be 
                discharged by the source to a specified portion of a 
                navigable water that does not ensure the attainment and 
                maintenance of water quality standards (alone, or in 
                combination with the limitations issued for the point 
                sources discharging to the water) if--
                            ``(i) the water is part of a watershed 
                        management unit with respect to which the 
                        Administrator has approved a plan under 
                        subsection (c)(4); and
                            ``(ii) the plan includes enforceable 
                        requirements that have been imposed under the 
                        laws of the State or a political subdivision of 
                        the State for nonpoint source pollution 
                        management measures that, in combination with 
                        the limitations established for point sources, 
                        provide for the attainment and maintenance of 
                        water and sediment quality standards (including 
                        designated uses) for the waters prior to the 
                        date of expiration of the plan.
                    ``(B) Guidance.--Not later than 1 year after the 
                date of enactment of this section, the Administrator 
                shall issue guidance to carry out this paragraph. The 
                guidance may limit the exemption authorized under 
                subparagraph (A) to specific pollutants or sources.
            ``(4) 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 in effect on the 
        date of enactment of this section issued pursuant to section 
        402 for a period that shall terminate not later than 4 years 
        after the date of enactment of this section if--
                    ``(A) the permit is issued for any source that is 
                located in an area--
                            ``(i) that is designated as a watershed 
                        management unit under subsection (a); and
                            ``(ii) with respect to 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 this section; and
                    ``(B) the State timely completes interim milestones 
                to develop and submit a comprehensive watershed plan 
                for the area on a schedule established by agreement 
                with the Administrator.
            ``(5) Nonpoint pollution management measures.--
        Notwithstanding section
        319(b)(2)(B)(ii), a watershed management plan approved under 
        subsection (c)(4) may--
                    ``(A) identify particular existing sources of 
                nonpoint pollution that, although located in the 
                delineated area of a water listed pursuant to section 
                319(a), do not need to implement management measures or 
                other controls under section 319 to reasonably 
                anticipate that the water will attain and maintain 
                water and sediment quality standards; and
                    ``(B) provide that sources described in 
                subparagraph (A) shall not be required to implement 
                management measures or a site-specific plan as provided 
                in section 319(b)(2)(B)(ii), except that all steps 
                necessary to ensure timely compliance by the sources 
                with the requirement shall be taken until the 
                Administrator approves a comprehensive watershed plan 
                under this section.
    ``(e) 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, 
or State water law.''.

                 TITLE IV--MUNICIPAL POLLUTION CONTROL

SEC. 401. COMBINED SEWER OVERFLOWS.

    Section 402 (33 U.S.C. 1342) is amended by adding at the end the 
following new subsection:
    ``(q) 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 (or a State with a 
        program approved under subsection (b)) may issue a permit 
        pursuant to this section for a discharge from a combined storm 
        and sanitary sewer, that includes a schedule for compliance 
        with a long-term control plan under the control policy referred 
        to in paragraph (1), for a term not to exceed 15 years. 
        Notwithstanding the compliance deadline specified in the 
        preceding sentence, the Administrator (or a State with a 
        program approved under subsection (b)) 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 (or the State) determines that compliance by 
        the date is not within the economic capability of the owner or 
        operator, or if the Administrator (or the State) determines 
        that an extension is otherwise appropriate.
            ``(3) Bacteria criteria.--
                    ``(A) In general.--Before a permit is issued for a 
                combined storm and sanitary sewer in a State with 
                overflows from such sewers, but not later than 3 years 
                after the date of enactment of this subsection, the 
                State shall--
                            ``(i) review numeric water quality criteria 
                        of the water quality standards of the State for 
                        pathogens or indicators of pathogens (or both), 
                        and, if necessary to ensure the protection of 
                        designated and existing uses of waters of the 
                        State, adopt revised water quality standards 
                        that include revised water quality criteria; 
                        and
                            ``(ii) on completion of the review and any 
                        necessary revision, submit the water quality 
                        standards of the State referred to in clause 
                        (i) to the Administrator for approval.
                    ``(B) Failure to review.--If a State fails to carry 
                out the requirements of subparagraph (A)(i) or the 
                Administrator disapproves the revised water quality 
                standards submitted to the Administrator pursuant to 
                subparagraph (A)(ii), to ensure the protection of the 
                designated and existing uses of waters of the State, 
                the most recent water quality criteria for bacteria 
                published by the Administrator pursuant to section 
                304(a) shall be applied and enforced as the applicable 
                water quality criteria for the purposes of each permit 
                issued under this subsection until such time as the 
                State adopts, and the Administrator approves, revised 
                water quality standards containing revised water 
                quality criteria for bacteria.''.

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.--The requirements of paragraph (4) for 
        applications and the issuance of permits for stormwater 
        discharges shall apply to:'';
                    (B) in subparagraph (B), by inserting ``or 
                commercial'' after ``industrial'';
                    (C) by striking ``separate'' each place it appears 
                in subparagraph (C) and (D);
                    (D) by redesignating subparagraph (E) as 
                subparagraph (F); and
                    (E) by inserting after subparagraph (D) the 
                following new subparagraph:
                    ``(E) A discharge from a municipal storm sewer 
                system serving a population of fewer than 100,000 
                individuals that is located in an urbanized area (as 
                designated by the Bureau of the Census of the 
                Department of Commerce) in which a stormwater discharge 
                covered by a permit issued under subparagraph (C) or 
                (D) is also located.'';
            (4) by inserting after paragraph (1) (as so redesignated) 
        the following new paragraph:
            ``(2) Other municipal stormwater discharges.--
                    ``(A) Exemption from permit requirements.--
                Notwithstanding section 301 or any other provision of 
                this section, a source of discharges composed entirely 
                of stormwater from municipal storm sewer systems, other 
                than the discharges described in paragraph (1), is not 
                required to obtain a permit for the discharges under 
                this Act.
                    ``(B) Combined stormwater discharges.--A permit for 
                a source of discharges composed of combined stormwater 
                and domestic or industrial wastewater from municipal 
                storm sewer systems shall be issued pursuant to 
                subsection (q) and not this subsection. Requirements 
                for the control of pollutants in stormwater that would 
                apply to the discharges in a permit issued under this 
                subsection shall be applicable to the stormwater 
                discharged pursuant to a permit issued under subsection 
                (q).'';
            (5) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``and commercial'' after 
                        ``Industrial''; and
                            (ii) by inserting ``and commercial'' after 
                        ``industrial'';
                    (B) in subparagraph (B)--
                            (i) by striking ``and'' at the end of 
                        clause (ii);
                            (ii) by striking the period at the end of 
                        clause (iii) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(iv) shall include monitoring and 
                        reporting requirements that, at minimum, 
                        provide for--
                                    ``(I) representative monitoring for 
                                the quality of receiving waters; and
                                    ``(II) reporting for the 
                                implementation of management 
                                measures.''; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(C) Maximum extent practicable.--
                            ``(i) Maximum extent practicable defined.--
                        As used in subparagraph (B)(iii) (and with 
                        respect to permits issued after the date that 
                        is 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. l455b(g)(5)), for municipal 
                        stormwater discharges that, in the judgment of 
                        the Administrator (or a State authorized to 
                        issue a permit under this section), will attain 
                        and maintain water quality standards.
                            ``(ii) Guidance.--Not later than 2 years 
                        after the date of enactment of this 
                        subparagraph, the Administrator, after 
                        consultation with persons with expertise in the 
                        management of stormwater (including officials 
                        of local governments and representatives of 
                        public interest groups), shall--
                                    ``(I) establish requirements for 
                                specific management measures for 
                                municipal stormwater discharges based 
                                on the guidance issued under section 
                                6217 of the Coastal Zone Act 
                                Reauthorization Amendments of 1990 (16 
                                U.S.C. 1445b) to define `maximum extent 
                                practicable' for the purposes of this 
                                section; and
                                    ``(II) if practicable, include in 
                                the requirements minimum and objective 
                                performance standards for each of the 
                                management measures.
                    ``(D) Numeric effluent limitations.--
                Notwithstanding section 301 and this section, during 
                the 10-year period beginning on the date of enactment 
                of this subparagraph, a permit issued pursuant to this 
                subsection for discharges from municipal storm sewers 
                composed entirely of stormwater shall not require 
                compliance with numeric effluent limitations and water 
                quality standards shall not be applied as effluent 
                limitations.
                    ``(E) Municipally owned and commercial 
                discharges.--The Administrator (or a State with a 
                program approved under subsection (b)) may issue a 
                consolidated permit for discharges from a storm sewer 
                system owned by a municipality and the stormwater 
                discharges from industrial or commercial sources owned 
                by the same municipality.'';
            (6) in paragraph (4)--
                    (A) by striking ``(2)'' each place it appears and 
                inserting ``(1)'';
                    (B) in subparagraph (B)--
                            (i) by striking ``(B) Other municipal 
                        discharges.--Not later than'' and inserting the 
                        following:
                    ``(B) Other municipal discharges.--
                            ``(i) In general.--Not later than''; and
                            (ii) by adding at the end the following new 
                        clauses:
                            ``(ii) Deadline for submission of 
                        application.--Applications for permits for 
                        discharges from municipal storm systems that 
                        were not required to apply for a permit before 
                        the date of enactment of this clause because 
                        the systems are combined storm and sanitary 
                        systems shall be filed not later than 4 years 
                        after the date of enactment of this clause.
                            ``(iii) Effective date.--The requirement 
                        for a permit under section 301 and this section 
                        shall apply to discharges from municipal storm 
                        systems described in paragraph (1)(E) beginning 
                        on the date of the first reissuance of a permit 
                        for a discharge described in subparagraph (C) 
                        or (D) of paragraph (1) that is located in the 
                        same urbanized area and that occurs after the 
                        date that is 3 years after the date of 
                        enactment of this clause.''; and
                    (C) by adding at the end the following new 
                subparagraphs:
                    ``(C) Commercial and light industrial discharges.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Administrator shall, after 
                        notice and opportunity for public comment, 
                        establish permit application and other 
                        requirements for stormwater discharges from 
                        commercial and light industrial sources and 
                        ensure that permits under this section for all 
                        sources are issued as expeditiously as 
                        practicable, but no later than 8 years after 
                        the date of enactment of this subparagraph.
                            ``(ii) Exceptions.--This subparagraph shall 
                        not apply to discharges from sources that--
                                    ``(I) were required to submit 
                                applications for a permit by the rule 
                                published by the Administrator at 55 
                                Fed. Reg. 47990 (November 16, 1990);
                                    ``(II) are in a source or a class 
                                for which an exemption to the permit 
                                requirements of this section and 
                                section 301 is granted before the date 
                                that is 8 years after the date of 
                                enactment of this subparagraph, 
                                pursuant to paragraph (5); or
                                    ``(III) are owned or operated by a 
                                municipality and are subject to a 
                                consolidated permit as authorized by 
                                paragraph by (3)(E).
                    ``(D) Municipal stormwater discharges to impaired 
                waters.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of this 
                        subparagraph, the Administrator shall, after 
                        notice and opportunity for public comment, 
                        publish a list that includes each municipal 
                        storm sewer system (other than a system 
                        described in subparagraph (C), (D), (E), or (F) 
                        of paragraph (1)), the discharge from which is 
                        the sole or principal cause for the failure of 
                        receiving waters affected by the discharge to 
                        achieve a designated use or other water quality 
                        standard.
                            ``(ii) Requirements for listed municipal 
                        storm sewer systems.--Each municipal storm 
                        sewer system listed by the Administrator 
                        pursuant to clause (i) shall be required to 
                        obtain a permit pursuant to this section for 
                        discharges from the storm system, and shall 
                        submit an application for a permit not later 
                        than 3 years after the date on which the list 
                        referred to in clause (i) is published, unless, 
                        prior to such date, the Administrator 
                        determines that--
                                    ``(I) management measures have been 
                                implemented that will correct the water 
                                quality impairments caused by the 
                                discharge: or
                                    ``(II) the sources of pollutants in 
                                the discharge that are causing the 
                                water quality impairment are not 
                                subject to control under the legal 
                                authorities available to the local 
                                government that has jurisdiction over 
                                the area served by the municipal storm 
                                sewer system.
                            ``(iii) Statutory construction; monitoring 
                        data.--Nothing in this subparagraph is intended 
                        to be interpreted, construed, or applied to 
                        authorize the Administrator to impose 
                        monitoring requirements on municipal storm 
                        sewer systems to determine whether the 
                        municipal storm systems should be listed 
                        pursuant to clause (i). The Administrator may 
                        consider monitoring data submitted by citizens' 
                        monitoring groups in preparing the list 
                        referred to in clause (i).
                            ``(iv) Revision of list.--Not later than 5 
                        years after the date on which the Administrator 
                        publishes the list referred to in clause (i), 
                        and not less frequently than every 5 years 
                        thereafter, the Administrator shall publish a 
                        revised list.''; and
            (7) by striking paragraphs (5) and (6) and inserting the 
        following new paragraph:
            ``(5) Commercial and light industrial discharges.--The 
        Administrator may exempt a class or category of commercial and 
        light industrial discharges composed entirely of stormwater 
        (other than discharges subject to permit application 
        requirements published at 55 Fed. Reg. 47990 (November 16, 
        1990)) from the requirement to obtain a permit pursuant to 
        section 301 and this section if the Administrator determines 
        based on available information that, considering controls and 
        management measures installed at sources in the class or 
        category, stormwater discharges from sources in the class or 
        category have minimal effect on water or sediment quality.''.

SEC. 403. WATER CONSERVATION.

    Title I (33 U.S.C. 1251 et seq.) is amended by adding at the end 
the following new section:

                          ``water conservation

    ``Sec. 121. (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 Administrator and 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 Administrator and 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 or wastewater utilities, local governmental entities, 
        Indian tribes, 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;
                    ``(J) conducting integrated resource planning that 
                considers water demand management measures; and
                    ``(K) otherwise achieving beneficial reductions in 
                water use or water loss.
            ``(2) Duties of the secretary of the army.--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.
            ``(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 or wastewater utilities, and municipalities.
            ``(4) Requests for study.--
                    ``(A) In general.--Any water or wastewater 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 provided under this subsection for a water 
                conservation study of any water or wastewater utility 
                or municipality serving more than 5,000 individuals 
                shall be not more 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.--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. 
        The reviews shall evaluate the effectiveness of various water 
        conservation measures and 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 to businesses and other persons provided under 
subsection (b). 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 Secretary of the Army, acting 
        through the Chief of Engineers of the Army Corps of Engineers, 
        shall establish a national clearinghouse on water conservation 
        (referred to in this subsection as the `clearinghouse') to 
        collect, analyze, and disseminate information on water 
        conservation technologies and practices (including information 
        obtained under subsections (b) and (c)) and promote the 
        widespread adoption of the technologies and practices by public 
        and private water or wastewater utilities, and commercial, 
        industrial, and residential consumers.
            ``(2) Dissemination of information.--The Secretary of the 
        Army, acting through the Chief of Engineers of the Army Corps 
        of Engineers, shall provide water conservation information 
        developed pursuant to this section 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 the Secretary of the Army to carry out this section an 
amount not to exceed $10,000,000 for each of fiscal years 1995 through 
2000.''.

                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:
    ``(r) 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 subject to the 
                                requirement to obtain a permit under 
                                this section or a permit for the use or 
                                disposal of sewage sludge under section 
                                405; and
                                    ``(II) an industrial user of any 
                                publicly owned treatment works subject 
                                to a State permit or equivalent 
                                individual control mechanism issued 
                                pursuant to subsection (b)(9),
                        pay an annual fee (or the equivalent, over 
                        another specified period of time). The State 
                        may exempt certain categories of permittees and 
                        industrial users of publicly owned treatment 
                        works on the basis of factors including the 
                        flow of discharge and small business status.
                            ``(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 1 year after 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 adequately developing and administering 
                point source elements of the water quality program, and 
                the costs of adequately developing and administering 
                sewage sludge use and disposal and pretreatment 
                programs, of the State, including the costs of--
                            ``(i) reviewing and acting on applications 
                        for permits;
                            ``(ii) implementing and enforcing the terms 
                        and conditions of permits or equivalent 
                        individual control mechanisms (excluding any 
                        court costs);
                            ``(iii) monitoring effluent and ambient 
                        water quality;
                            ``(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).
                    ``(C) Fee amount.--
                            ``(i) Amount of fee.--The Administrator may 
                        not approve a program modification as meeting 
                        the requirements of this subsection unless the 
                        State demonstrates that the program will result 
                        in the collection, from all point sources 
                        subject to subparagraph (A), of an annual 
                        amount that is not less than the sum of--
                                    ``(I) $5,750 multiplied by the 
                                number of individual permits issued by 
                                the State for point sources;
                                    ``(II) $5,750 multiplied by the 
                                number of industrial users of publicly 
                                owned treatment works receiving a 
                                permit or equivalent individual control 
                                mechanism;
                                    ``(III) $70 multiplied by the 
                                number of permittees discharging from 
                                point sources under a general permit 
                                other than a stormwater general permit;
                                    ``(IV) $50 multiplied by the number 
                                of permittees discharging from point 
                                sources regulated under a stormwater 
                                general permit; and
                                    ``(V) $3,000 multiplied by the 
                                number of permittees required to obtain 
                                an individual permit for the use or 
                                disposal of sewage sludge under section 
                                405;
                        except that no person shall be required to pay 
                        fees under this subsection for the point source 
                        discharges located at a single facility in 
                        excess of $125,000 per year.
                            ``(ii) Equivalent fee systems.--The 
                        requirement of clause (i) to collect the amount 
                        specified under such clause shall not apply if 
                        the State demonstrates that collecting an 
                        amount that is less than the amount specified 
                        under such clause will satisfy the requirements 
                        of subparagraph (B).
                            ``(iii) Appropriations in lieu of fees.--
                        The requirements of clause (i) and subparagraph 
                        (B) shall be modified by the Administrator with 
                        respect to any State to the extent that the 
                        State appropriates State funds, in excess of 
                        amounts necessary to match any grant made by 
                        the Administrator to the State under section 
                        106, to operate the point source elements of 
                        the water quality program of the State.
            ``(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 to provide matching funds for Federal funds 
                made available to the State pursuant to section 106.
            ``(3) 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, and notify the State of the results of the review. 
        The results of the review shall not be subject to judicial 
        review.
            ``(4) Federal fee program.--
                    ``(A) Federal program of fee assessment.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of this subsection, 
                        the Administrator shall establish a Federal 
                        program applicable to each State with respect 
                        to which subparagraph (C) applies for the 
                        collection of fees in a sufficient amount to 
                        recover 100 percent of the Federal costs of 
                        functions related to adequately administering 
                        and enforcing the permit, pretreatment, and 
                        sewage sludge use and disposal programs carried 
                        out under this Act in the State (as described 
                        in clause (ii)).
                            ``(ii) Functions for carrying out 
                        program.--The Administrator shall, by 
                        regulation, define all functions of the 
                        Administrator related to adequately 
                        administering and enforcing the permit, 
                        pretreatment, and sewage sludge use and 
                        disposal programs carried out under this Act, 
                        including specific monitoring of permits, site 
                        inspections, the process of issuance of 
                        permits, and obtaining and applying technical 
                        and scientific data and information for the 
                        purposes of collecting fees under this section. 
                        The functions of the Administrator for purposes 
                        of collecting fees under this section may not 
                        include the cost of ambient monitoring, writing 
                        criteria documents, or other activities 
                        (including public relations and outreach) of 
                        general applicability beyond the programs 
                        referred to in this paragraph.
                            ``(iii) Exemptions.--The Administrator may 
                        determine by regulation to exempt certain 
                        categories of permittees and industrial users 
                        of publicly owned treatment works on the basis 
                        of factors including the flow of discharge and 
                        small business status. The Administrator may 
                        determine the fee schedule referred to in 
                        clause (i) on the basis of factors including 
                        effluent discharge flow or volume, the type of 
                        facility, and any other factor that the 
                        Administrator considers appropriate to reflect 
                        the relative complexity of regulating the point 
                        source or industrial user of a publicly owned 
                        treatment works.
                    ``(B) Federal fee schedule.--The Federal fee 
                regulations established by the Administrator pursuant 
                to this paragraph shall result in the collection, from 
                all sources subject to subparagraph (A), of an annual 
                amount that is not less than the sum of--
                            ``(i) $7,900 multiplied by the number of 
                        individual permits issued by the Administrator 
                        for point sources;
                            ``(ii) $7,800 multiplied by the number of 
                        industrial users of publicly owned treatment 
                        works receiving a permit or equivalent 
                        individual control mechanism;
                            ``(iii) $110 multiplied by the number of 
                        permittees discharging from point sources under 
                        a general permit other than a general 
                        stormwater permit;
                            ``(iv) $90 multiplied by the number of 
                        permittees regulated under a general stormwater 
                        permit; and
                            ``(v) $5,000 multiplied by the number of 
                        point sources required to obtain an individual 
                        permit for the use or disposal of sewage sludge 
                        under section 405;
                except that no person shall be required to pay fees 
                under this subsection for the point source discharges 
                located at a single facility in excess of $125,000 per 
                year.
                    ``(C) Conditions that require implementation of 
                federal program.--If the Administrator--
                            ``(i) determines that a State has failed to 
                        submit a modified permit program as required by 
                        paragraph (1);
                            ``(ii) on review of the permit 
                        modifications submitted by a State pursuant to 
                        paragraph (1), or on conducting a subsequent 
                        review pursuant to paragraph (3), 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;
                                    ``(III) a State does not have the 
                                authority to administer a permit 
                                program, including a pretreatment 
                                program, under subsection (b); or
                                    ``(IV) a State has failed to comply 
                                with paragraph (2)(A); or
                            ``(iii) issues a permit with respect to the 
                        authorized State pursuant to subsection (b)(4) 
                        or (d)(5),
                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)(II), not 
                later than 180 days after making the finding, assess 
                and collect fees pursuant to the program referred to in 
                subparagraph (A).
                    ``(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) Modification of fee amounts.--The 
                Administrator shall modify the average fee and maximum 
                fee amounts of paragraph (1)(C) and subparagraph (B) 
                not less frequently than every 5 years to reflect 
                changes in the Consumer Price Index that have occurred 
                since the date the fee was established or last 
                modified.
                    ``(F) Additional assistance.--Notwithstanding any 
                other provision of law, for each fiscal year during 
                which a State carries out the functions of the 
                Administrator referred to in subparagraph (A)(ii), the 
                Administrator shall increase the amount otherwise made 
                available to that State under section 106(c) by that 
                portion of the total amount of funds collected in that 
                State and added to the Federal Water Pollution Control 
                Permit Fund established under subparagraph (G) that is 
                attributable to the actions of the State in carrying 
                out the functions of the Administrator under 
                subparagraph (A)(ii).
                    ``(G) 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 payment 
                        collected by the Administrator pursuant to 
                        section 309(g)(12)) 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) 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. The funds shall be available for 
                        authorized purposes until expended.
                            ``(iv) Accounting of disbursement.--The 
                        Administrator, in consultation with the 
                        Secretary of the Treasury, shall, not later 
                        than one quarter after the first full fiscal 
                        year after the date on which the Administrator 
                        initially collects fees pursuant to this 
                        paragraph, and annually thereafter, prepare and 
                        submit to each State in which the Administrator 
                        administers the permit program a fiscal report 
                        of the disbursements from the Fund. In carrying 
                        out this requirement, the Administrator shall 
                        ensure that accounting shall be conducted in 
                        accordance with the accounting procedures of 
                        the General Accounting Office, including the 
                        procedures under chapter 75 of title 31, United 
                        States Code, with respect to financial 
                        assistance provided by the Administrator to the 
                        States. Each report prepared by the 
                        Administrator and submitted to a State under 
                        this clause shall include information 
                        concerning the total amount collected in the 
                        State as fees under this paragraph and a 
                        categorical breakdown of the amount of fees 
                        collected under this paragraph by the type of 
                        facility, or any other factors used to 
                        determine the fee schedule.
                            ``(v) Adjustment of fee schedule.--In the 
                        event that the Administrator finds from the 
                        report required by clause (iv) that the amount 
                        of fees collected in a State is significantly 
                        different from the disbursements in that State, 
                        the Administrator may through regulation revise 
                        the fees collected under subparagraph (B) to 
                        reduce the difference.''.
    (b) Penalties.--Section 309(g) (33 U.S.C. 1319(g)) is amended by 
adding at the end the following new paragraph:
            ``(13) Other penalties.--Any permittee or industrial user 
        discharging into a publicly owned treatment works that fails to 
        pay a fee lawfully imposed by the Administrator under section 
        402(r) 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, or loan to, 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 
                pursuant to section 304, 306, or 307, or a water or 
                sediment quality 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) Permit reissuance.--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 reissue a permit for the discharge, the 
        Administrator may issue a permit for the discharge.
            ``(6) Review and revision.--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 State 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) Failure to modify state program.--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) Permit Application Requirements.--Section 402(a) (33 U.S.C. 
1342(a)) is amended by adding at the end the following new paragraph:
            ``(6) Updated requirements for municipal and industrial 
        dischargers.--Not later than 2 years after the date of 
        enactment of this paragraph, the Administrator shall promulgate 
        regulations to update the application requirements for a permit 
        under this section for municipal and industrial dischargers to 
        require the applicant to more fully characterize the nature of 
        the effluent and the contributions of the effluent to receiving 
        waters.''.
    (f) 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 1994, 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 striking ``(2) The'' and inserting the 
                following:
            ``(2) Conditions for permits.--
                    ``(A) In general.--The''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Whole effluent toxicity.--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 standard 
                        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 permitting 
                        authority determines is likely to exhibit 
                        toxicity.''.
    (g) Technical Amendments.--Section 402 (33 U.S.C. 1342) is 
amended--
            (1) in subsections (a)(5) and (c)(2), by striking 
        ``304(h)(2)'' each place it appears and inserting 
        ``304(i)(2)''; and
            (2) in subsections (b) and (e), by striking ``(h)(2)'' each 
        place it appears and inserting ``(i)(2)''.

SEC. 503. ENFORCEMENT.

    (a) Citizen Enforcement.--
            (1) Past violations.--Section 505 (33 U.S.C. 1365) is 
        amended--
                    (A) in subsection (a)(1), by inserting ``to have 
                violated or'' before ``to be in violation'';
                    (B) in subsection (f)(6), by inserting ``, or has 
                been in effect,'' after ``in effect''; and
                    (C) in subsection (g), by striking ``is'' and 
                inserting ``has been, is,''.
            (2) Violations not included in notice.--Section 505 (33 
        U.S.C. 1365) is amended by striking subsection (b) and 
        inserting the following new subsection:
    ``(b) Notice Requirement.--
            ``(1) In general.--No action may be commenced--
                    ``(A) under subsection (a)(1)--
                            ``(i) prior to the date that is 60 days 
                        after the plaintiff has given notice of the 
                        alleged violation to--
                                    ``(I) the Administrator;
                                    ``(II) the State in which the 
                                alleged violation occurs, or has 
                                occurred; and
                                    ``(III) any alleged violator of the 
                                standard, limitation, or order; or
                            ``(ii) if the Administrator or State has 
                        commenced and is diligently prosecuting a civil 
                        or criminal action in a court of the United 
                        States, or a State, to require compliance with 
                        the standard, limitation, or order, except that 
                        in any such action in a court of the United 
                        States any citizen may intervene as a matter of 
                        right; or
                    ``(B) under subsection (a)(2) prior to the date 
                that is 60 days after the plaintiff has given notice of 
                the action to the Administrator,
        except that an action under paragraph (1) or (2) of subsection 
        (a) may be brought immediately after the notification in the 
        case of an action with respect to a violation of section 306 or 
        307(a). The notice required by this subsection shall be given 
        in such manner as the Administrator shall prescribe by 
        regulation.
            ``(2) Additional notice.--If notice of an alleged violation 
        has been given pursuant to paragraph (1)(A), an additional 
        notice shall not be required for another violation, at the same 
        facility, that was not specifically identified by the alleged 
        violator in the publicly available discharge monitoring reports 
        of the alleged violator or that is reported after the plaintiff 
        has given notice of an alleged violation pursuant to paragraph 
        (1)(A).''.
            (3) Statute of limitations.--Section 505 (33 U.S.C. 1365) 
        is amended by adding at the end the following new subsection:
    ``(i) Statute of Limitations.--The requirements of section 2462 of 
title 28, United States Code, shall apply with respect to the 
commencement of a civil action under this section.''.
            (4) Treatment as point source.--Section 505 (33 U.S.C. 
        1365) is amended by adding the following new subsection:
    ``(j) Treatment as Point Source.--For the purposes of this section, 
an agricultural activity shall not be considered a point source unless 
the Administrator has required a permit under section 301 or 402 for 
the activity.''.
    (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), a 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 
        specific waters of the State in which the violation occurred. 
        The court shall establish an independent trustee (including a 
        State or local government water pollution control agency) to 
        monitor implementation of a beneficial project who shall report 
        annually to the court on disbursements of the funds awarded 
        until the project is complete and may recommend termination of 
        the project if any condition of the award is violated. The 
        trustee shall consult with the State in which the project is 
        located to ensure that the project is conducted in a manner 
        consistent with all requirements of State law and any plans 
        developed by the State and in force under section 208, 303(e), 
        319, 320, or 321.''.
                    (B) Citizen suits.--Section 505(a) (33 U.S.C. 
                1365(a)) is amended by adding at the end the following 
                new sentence: ``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), a 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 specific waters of the 
                State in which the violation occurred. The court shall 
                establish an independent trustee (including a State or 
                local government water pollution control agency but not 
                including any party to the action or any party 
                affiliated with a party to the action) to monitor 
                implementation of a beneficial project who shall report 
                annually to the court on disbursements of the funds 
                awarded until the project is complete and may recommend 
                termination of the project if any condition of the 
                award is violated. The trustee shall consult with the 
                State in which the project is located to ensure that 
                the project is conducted in a manner consistent with 
                all requirements of State law and any plans developed 
                by the State and in force under section 208, 303(e), 
                319, 320, or 321, and to ensure that no party who 
                commenced an action under this section or any affiliate 
                of any such party receives money or any direct benefits 
                from the project.''.
                    (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 128 of title 28, United States 
        Code) a 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 specific waters of the State in which the violation 
        occurred. The court shall establish an independent trustee 
        (including a State or local government water pollution control 
        agency) to monitor implementation of a beneficial project who 
        shall report annually to the court on disbursements of the 
        funds awarded until the project is complete and may recommend 
        termination of the project if any condition of the award is 
        violated. The trustee shall consult with the State in which the 
        project is located to ensure that the project is conducted in a 
        manner consistent with all requirements of State law and any 
        plans developed by the State and in force under section 208, 
        303(e), 319, 320, or 321.''.
            (2) Clarification of appropriate injunctive relief.--
                    (A) Actions by the administrator.--Section 309(b) 
                (33 U.S.C. 1319(b)) is amended by inserting after the 
                first sentence the following new sentence: ``For 
                purposes of this subsection, appropriate injunctive 
                relief may include a requirement that a violator remove 
                fill materials, contaminated sediments, and illegally 
                discharged pollutants, added to waterways by the 
                violator, from waterways and banks of waterways, 
                install temporary treatment facilities, conduct 
                environmental audits, refrain from making additional 
                sewer connections, or temporarily or permanently cease 
                operations.''.
                    (B) Citizen suits.--Section 505(a)(33 U.S.C. 
                1365(a)) is amended by adding at the end the following 
                new sentence: ``Injunctive relief enforcing an effluent 
                limitation or standard under the subsection may include 
                a requirement that a violator remove fill materials, 
                contaminated sediments, and illegally discharged 
                pollutants, added to waterways by the violator, from 
                waterways and banks of waterways, install temporary 
                treatment facilities, conduct environmental audits, 
                refrain from making additional sewer connections, or 
                temporarily or permanently cease operations.''.
            (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 requirement 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 requirement imposed 
                under section 402(b)(9),'' after ``section 404 of this 
                Act by a State,''.
                    (D) Knowing endangerment.--Section 309(c)(3)(A) (33 
                U.S.C. 1319(c)(3)(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 requirement imposed under section 
                402(b)(9),'' after ``by the Administrator or by a 
                State,''.
                    (E) 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 requirement imposed under section 
                402(b)(9),'' after ``section 404 by a State,''.
                    (F) Notice to publicly owned treatment works.--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 violator''.
                    (G) Enforceability of local limits.--Section 307(d) 
                (33 U.S.C. 1317(d)) is amended by adding at the end the 
                following new sentence: ``As used in this subsection, 
                the term `pretreatment standard' includes all 
                prohibitions or limitations on pollutants or pollutant 
                parameters or other requirements developed by the 
                Administrator, a State, or a publicly owned treatment 
                works to control the introduction of pollutants into 
                publicly owned treatment works.''.
            (4) Knowing violations.--
                    (A) In general.--The first sentence of section 
                309(c)(2) (33 U.S.C. 1319(c)(2)) is amended by striking 
                ``3 years'' and inserting ``5 years''.
                    (B) Subsequent violations.--The second sentence of 
                section 309(c)(2) (33 U.S.C. 1319(c)(2)) is amended by 
                striking ``punishment shall be by a fine'' and all that 
                follows through the end of the sentence and inserting 
                ``the maximum punishment shall be doubled with respect 
                to both fine and imprisonment.''.
            (5) Field citation program.--Section 309(g)(4)(A) (33 
        U.S.C. 1319(g)(4)(A)) is amended by striking ``this 
        subsection'' and inserting ``paragraph (2)(B)''.
            (6) Penalty amount factors.--
                    (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 to read 
                as follows: ``In determining the amount of a penalty 
                assessed under this section, the court shall consider 
                the seriousness of each violation, the economic benefit 
                or savings to the violator (if any) resulting from the 
                violation, any previous violations, any good-faith 
                efforts to avoid noncompliance or to comply with the 
                applicable requirements, the ability of the violator to 
                pay, any penalty previously imposed by a court or 
                administrative agency for the same violation, and such 
                other matters in mitigation and aggravation as justice 
                may require.''.
                    (B) Additional factors.--Section 309(d)(1) (33 
                U.S.C. 1319(d)(1)), as amended by subparagraph (A), is 
                further amended by inserting after the second sentence 
                the following new sentence: ``In determining the amount 
                of a penalty assessed under this section against a 
                person who was no longer in violation when the action 
                was brought, the court shall consider, in addition to 
                the factors described in the previous sentence, the 
                duration of the violator's continuous compliance and 
                noncompliance, the violator's efforts to comply both 
                before and after the violations at issue, the 
                violator's diligence in preventing the violations at 
                issue, and the likelihood that the violations will 
                recur.''.
                    (C) Administrative penalties.--The first sentence 
                of section 309(g)(3) (33 U.S.C. 1319(g)(3)) is amended 
                to read as follows: ``In determining the amount of a 
                penalty assessed under this section, the Administrator 
                or the Secretary of the Army shall consider the 
                seriousness of each violation, the economic benefit or 
                savings to the violator (if any) resulting from the 
                violation, any previous violations, any good-faith 
                efforts to avoid noncompliance or to comply with the 
                applicable requirements, the ability of the violator to 
                pay, any penalty previously imposed by a court or 
                administrative agency for the same violation, and such 
                other matters in mitigation and aggravation as justice 
                may require.''.
            (7) Economic benefit.--
                    (A) Federal consideration of economic benefit.--
                            (i) General civil penalties.--Paragraph (1) 
                        of section 309(d) (33 U.S.C. 1319(d)), as 
                        designated by paragraph (1)(A)(i), is amended 
                        by inserting after the first sentence the 
                        following new sentence: ``Except in a case of 
                        extreme economic hardship, and notwithstanding 
                        the maximum amount of a penalty established by 
                        the preceding sentence, the minimum amount of a 
                        penalty that a court shall assess pursuant to 
                        this subsection on a finding of a violation 
                        shall be the amount of any economic benefit to 
                        the violator resulting from the violation.''.
                            (ii) Section 311.--Section 311(b)(8) (33 
                        U.S.C. 1321(b)(8)) is amended by adding at the 
                        end the following new sentence: ``Except in the 
                        case of extreme economic hardship, and 
                        notwithstanding the maximum amount established 
                        by paragraph (7)(A), the minimum amount of a 
                        penalty that a court shall assess pursuant to 
                        this subsection on a finding of a violation 
                        shall be the amount of any economic benefit to 
                        the violator resulting from the violation.''.
                            (iii) Section 404.--Section 404(s)(4) (33 
                        U.S.C. 1344(s)(4)) is amended--
                                    (I) by striking ``(4) Any'' and 
                                inserting the following:
            ``(4) Civil penalty.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any''; and
                                    (II) by adding at the end the 
                                following new subparagraph:
                    ``(B) Minimum penalty.--Except in a case of extreme 
                economic hardship, and notwithstanding the maximum 
                amount of a penalty established under this paragraph, 
                the minimum amount of a penalty that a court shall 
                assess pursuant to this paragraph on a finding of a 
                violation shall be the amount of any economic benefit 
                to the violator resulting from the violation.''.
                            (iv) Administrative civil penalties.--
                        Section 309(g)(3) (33 U.S.C. 1319(g)(3)) is 
                        amended by inserting after the first sentence 
                        the following new sentence: ``Except in a case 
                        of extreme economic hardship, and subject to 
                        the maximum amount of a penalty determined 
                        pursuant to paragraph (2), the minimum amount 
                        that a hearing officer shall recommend on a 
                        finding of a violation shall be the amount of 
                        any economic benefit to the violator resulting 
                        from the violation.''.
                    (B) State consideration of economic benefit.--
                Section 309(d) (33 U.S.C. 1319(d)), as amended by 
                paragraph (1)(A), is further amended by adding at the 
                end the following new paragraph:
            ``(3) State consideration of economic benefit.--Each State 
        that has in effect a State law with civil enforcement authority 
        that is comparable to the civil enforcement authority under 
        this subsection for comparable violations, shall, in exercising 
        the authority, develop and apply an economic benefit policy. 
        The policy shall require the consideration, in determining the 
        amount of any civil penalty assessed against a violator, of the 
        amount of any economic benefit to the violator resulting from 
        the violation.''.
                    (C) Review of economic benefit model.--Not later 
                than 2 years after the date of enactment of this Act, 
                the Administrator of the Environmental Protection 
                Agency shall review the model used by the Administrator 
                to determine the economic benefits of noncompliance 
                with the requirements of the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), and make such 
                revisions as the Administrator considers appropriate. 
                Before conducting the review, the Administrator shall 
                publish detailed information concerning the model and 
                the use of the model and solicit public comment on the 
                model and alternative methods to determine the economic 
                benefits of noncompliance with such Act.
            (8) 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:
    ``(s) 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 civil penalties;
            ``(C) the imposition of criminal penalties; or
            ``(D) other means of enforcement that the State is able to 
        demonstrate to be as effective as the means described in this 
        paragraph.''.
            (9) Federal procurement.--Subsection (a) of section 508 (33 
        U.S.C. 1368(a)) is amended to read as follows:
    ``(a) Contracts With Certain Violators Prohibited.--
            ``(1) Mandatory prohibition.--No official of a Federal 
        agency may enter into any contract, grant, or loan that is to 
        be performed, in whole or in part, using any facility that is 
        owned, leased, operated, or supervised by any person who has 
        been convicted of an offense under section 309(c), or section 
        13 or 16 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' (commonly 
        known as the `River and Harbor Act of 1899'), approved March 3, 
        1899 (33 U.S.C. 407 or 411).
            ``(2) Discretionary prohibition.--The Administrator may 
        issue a determination that provides that no official of a 
        Federal agency may enter into any contract, grant, or loan that 
        is to be performed, in whole or in part, using any facility 
        that is owned, leased, operated, or supervised by any person 
        who has been--
                    ``(A) found liable for a civil violation of the 
                requirements of this Act; or
                    ``(B) convicted by a State court of a criminal 
                offense as a result of noncompliance with the 
                requirements of this Act,
        if the Administrator determines that the person has engaged in 
        a pattern of continuing or recurring violations of the 
        requirements of this Act.
            ``(3) Applicability.--The prohibitions established under 
        paragraphs (1) and (2) shall only apply to each facility at 
        which the act or conduct of a person who was an owner, lessee, 
        operator, or supervisor at the time of the conduct giving rise 
        to a conviction described in paragraph (1), or a pattern of 
        recurring violations described in paragraph (2), occurred, 
        unless the Administrator determines, based on extraordinary 
        circumstances, that the prohibition shall apply to additional 
        facilities owned, leased, operated, or supervised by an owner, 
        lessee, operator, or supervisor at the time the conduct giving 
        rise to a conviction described in paragraph (1), or a pattern 
        of continuing or recurring violations described in paragraph 
        (2), occurred.
            ``(4) Duration.--A prohibition established under this 
        section shall apply with respect to a person until such time as 
        the Administrator certifies that the conditions that gave rise 
        to the conviction described in paragraph (1) or the pattern of 
        recurring violations described in paragraph (2) (including any 
        relevant policies, practices, and procedures concerning 
        environmental compliance), that resulted in the person being 
        subject to the prohibition have been corrected.
            ``(5) Termination.--
                    ``(A) In general.--Not later than 60 days after the 
                date of enactment of this paragraph, the Administrator 
                shall establish procedures for a person subject to a 
                prohibition under paragraph (1) or (2) to file a 
                petition requesting the Administrator to terminate the 
                prohibition.
                    ``(B) Response to petition.--Not later than 90 days 
                after receipt of a complete petition from a person 
                subject to a prohibition under paragraph (1) or (2), 
                the Administrator shall respond to the petition. If the 
                Administrator fails to respond to a petition by the 
                date that is 90 days after the receipt, the failure 
                shall be considered to be final agency action subject 
                to judicial review.
            ``(6) Disclosure.--Each applicant who seeks to participate 
        in a Federal contract, grant, or loan shall be required as a 
        condition of participation in the contract, grant, or loan, to 
        disclose--
                    ``(A) any conviction described in paragraph (1); or
                    ``(B) any determination by the Administrator, 
                pursuant to paragraph (2), that the applicant engaged 
                in a pattern of continuing or recurring violations of 
                the requirements of this Act,
        to the appropriate official of each appropriate Federal 
        agency.''.
            (10) Administrative penalties.--
                    (A) In general.--Section 309(g)(2)(B) (33 U.S.C. 
                1319(g)(2)(B)) is amended by striking ``$125,000'' and 
                inserting ``$200,000''.
                    (B) Oil and hazardous substance liability.--Section 
                311(b)(6)(B)(ii) (33 U.S.C. 1321(b)(6)(B)(ii)) is 
                amended by striking ``$125,000'' and inserting 
                ``$200,000''.
            (11) Joinder.--The first sentence of section 309(e) (33 
        U.S.C. 1319(e)) is amended by striking ``shall'' and inserting 
        ``may''.
            (12) Narrative permit conditions.--
                    (A) Federal enforcement actions.--Section 309 (33 
                U.S.C. 1319) is amended by adding the following new 
                subsection:
    ``(h) Definition of Permit Condition.--For purposes of this 
section, the term `permit condition' includes a narrative condition or 
limitation requiring compliance with a standard, limitation, or other 
requirement under section 301, 302, 303, 306, 307, or 405.''.
                    (B) Citizen suits.--Section 505(f)(6) (33 U.S.C. 
                1365(f)(6)) is amended by inserting after ``permit or 
                condition thereof'' the following: ``, including a 
                narrative condition or limitation requiring compliance 
                with a standard, limitation, or other requirement under 
                section 301, 302, 303, 306, 307, or 405,''.
    (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) Administrative orders and civil penalties.--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) Limited waiver of sovereign immunity.--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 this section (including 
        any injunctive relief, administrative order, civil or 
        administrative penalty referred to in paragraph (3)(B), or 
        reasonable service charge).
            ``(5) Reasonable service charge.--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) Liability of agents, employees, and officers of the 
        united states.--
                    ``(A) Civil penalties.--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) Criminal sanctions.--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), as 
        amended by subsection (b)(12)(A), is further amended by adding 
        at the end the following new subsection:
    ``(i) 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), 
                        (b)(8), or (b)(9) 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--
                                    ``(I) section 301 with regard to a 
                                discharge of dredged or fill material; 
                                or
                                    ``(II) any condition or limitation 
                                in a permit issued by the Secretary 
                                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, or to 
                require 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 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 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 in accordance 
                with section 554 of title 5, United States Code.
                    ``(B) Subpoenas and discovery.--In connection with 
                any proceeding under this subsection, the Administrator 
                or Secretary, as applicable, 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.
            ``(4) Determining amount of penalty.--In determining the 
        amount of a penalty assessed under this section, the 
        Administrator or Secretary, as applicable, shall consider the 
        seriousness of each violation, the economic benefit or savings 
        to the violator (if any) resulting from the violation, any 
        previous violations, any good-faith efforts to avoid 
        noncompliance or to comply with the applicable requirements, 
        any penalty previously imposed by a court or administrative 
        agency for the same violation, and such other matters in 
        mitigation and aggravation as justice may require.
            ``(5) Limitation on actions and rights of interested 
        persons.--
                    ``(A) In general.--Any violation with respect to 
                which the Administrator or the Secretary, as 
                applicable, has commenced and is diligently prosecuting 
                an action under this subsection, or for which the 
                Administrator or the Secretary has issued a final order 
                and the violator has paid a penalty assessed under this 
                subsection within the period allowed for payment of the 
                penalty, shall not be the subject of a civil 
                enforcement action under section 505.
                    ``(B) Public notice.--Before issuing an order under 
                this subsection, the Administrator or Secretary, as the 
                case may be, shall provide public notice of, and 
                reasonable opportunity to comment on, the proposed 
                order.
                    ``(C) Rights of interested persons to a hearing.--
                If no hearing is held under paragraph (2), any person 
                who commented on a proposed order may, not later than 
                30 days after the issuance of the order, petition the 
                Administrator or the Secretary, as the case may be, to 
                set aside the order and to provide a hearing on the 
                order. If the evidence presented by the petitioner in 
                support of the petition is material and was not 
                considered before the issuance of the order, the 
                Administrator or the Secretary shall immediately set 
                aside the order and provide a hearing in accordance 
                with paragraph (2). If the Administrator or the 
                Secretary denies a hearing under this subparagraph, the 
                Administrator or the Secretary shall provide to the 
                petitioner, and publish in the Federal Register, notice 
                of and reasons for the denial.
            ``(6) Citizens' civil action.--Any person may commence a 
        civil action on his or her own behalf against--
                    ``(A) any Federal agency that is alleged to have 
                violated or to be in violation of any order issued by 
                the Administrator or the Secretary under this title; or
                    ``(B) any Federal agency that fails, within 1 year 
                of the effective date of a final order, to pay a 
                penalty assessed by the Administrator or the Secretary 
                pursuant to this subsection, to pay the penalty.
            ``(7) Construction.--Nothing in this subsection is intended 
        to be construed to limit the authority of the Administrator to 
        take enforcement action against a Federal agency under any 
        other provision of this title.''.
    (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 all that 
                follows through the end of the sentence 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 subsections:
    ``(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.
    ``(c) Enforcement of Orders.--The Administrator may bring a civil 
action to enforce an order issued by the Administrator under this 
section. Any person who violates or fails or refuses to comply with an 
order of the Administrator issued under this section may be subject to 
a civil penalty under section 309(d) for each day during which the 
violation occurs or the failure or refusal to comply continues.''.
    (e) Administrative Amendments.--
            (1) Requirement for consultation on administrative 
        orders.--Section 309(g) (33 U.S.C. 1319(g)) is amended by 
        inserting after paragraph (11) the following new paragraph:
            ``(12) 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 may prescribe);
                    ``(E) provide such data as is 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) Public access.--The first sentence of section 
                308(b) (33 U.S.C. 1318(b)) is amended--
                            (i) by inserting after ``obtained under 
                        this section'' the following: ``, including 
                        information contained in the Permit Compliance 
                        System,''; and
                            (ii) by inserting after ``shall be 
                        available to the public'' the following: ``by 
                        computer telecommunications and other means, on 
                        a cost reimbursable basis''.
                    (C) 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--
                    (A) by striking ``305'' and inserting ``308''; and
                    (B) by inserting ``or any enforcement activity 
                under this Act'' after ``section 507(e) of this Act''.
    (f) Technical Amendments.--
            (1) Section 309(g)(2) (33 U.S.C. 1319(g)(2)) is amended--
                    (A) in subparagraph (A), by inserting ``day for 
                each'' after ``exceed $10,000 per''; and
                    (B) in the first sentence of subparagraph (B), by 
                striking ``for each day during which the violation 
                continues'' and inserting ``for each violation''.
            (2) Section 505(f)(7) (33 U.S.C. 1365(f)(7)) is amended by 
        striking the comma before the period at the end.
            (3) Section 309(d) (33 U.S.C. 1319(d)) is amended by 
        striking ``under section 404 of this Act by a State,,'' and 
        inserting ``under section 404 of this Act by a State,''.

                      TITLE VI--PROGRAM MANAGEMENT

SEC. 601. WATER PROGRAM RESEARCH.

    (a) General Authority.--Subsection (a) of section 104 (33 U.S.C. 
1254(a)) is amended to read as follows:
    ``(a) Water Program Research.--
            ``(1) In general.--In cooperation with Federal, State, and 
        local agencies, public or private institutions, organizations, 
        and individuals, the Administrator shall conduct and promote a 
        comprehensive program of research, investigations, experiments, 
        surveys, and studies relating to the causes, sources, effects, 
        extent, prevention, detection, and correction of water 
        pollution.
            ``(2) Contents of research program.--In carrying out this 
        section, the Administrator is authorized to--
                    ``(A) collect and make available, through 
                publications and other appropriate means, the results 
                of research conducted pursuant to this section;
                    ``(B) encourage, cooperate with, and render 
                technical services to pollution control agencies and 
                other appropriate public or private institutions, 
                organizations, and individuals;
                    ``(C) conduct investigations concerning the 
                pollution of any water and report on the results of the 
                investigations;
                    ``(D) conduct research with respect to, and make 
                surveys concerning, the nationwide extent and 
                seriousness of pollution or causes of pollution in 
                water;
                    ``(E) develop, assess, collect, and disseminate 
                basic data on--
                            ``(i) the chemical, physical, and 
                        biological effects of variations in water 
                        quality; and
                            ``(ii) other information relating to water 
                        pollution and the prevention, reduction, and 
                        elimination of water pollution;
                    ``(F) develop effective and practical processes, 
                methods, and prototype devices for the prevention, 
                reduction, and elimination of water pollution;
                    ``(G) make grants to State water pollution control 
                agencies, interstate agencies, other public or 
                nonprofit private agencies, institutions, 
                organizations, and individuals to conduct research 
                pursuant to this section;
                    ``(H) contract with public or private agencies, 
                institutions, organizations, and individuals, without 
                regard to section 3709 of the Revised Statutes (41 
                U.S.C. 5) and subsections (a) and (b) of section 3324 
                of title 31, United States Code, to conduct research 
                pursuant to this section;
                    ``(I) utilize, on a reimbursable basis, facilities 
                and personnel of Federal scientific laboratories and 
                research centers;
                    ``(J) convene conferences concerning water quality 
                and water pollution control research issues, and 
                provide an opportunity for interested persons to be 
                heard and to present papers at the conferences; and
                    ``(K) acquire secret processes, technical data, 
                inventions, patent applications, patents, licenses, 
                interests in lands, plants, equipment, and facilities, 
                and other property rights by purchase, license, lease, 
                or donation.''.
    (b) Water Research Advisory Committee.--Subsection (b) of section 
104 (33 U.S.C. 1254(b)) is amended to read as follows:
    ``(b) Living Resources.--The Administrator, in cooperation with the 
Director of the United States Fish and Wildlife Service, the 
Administrator of the National Oceanic and Atmospheric Administration, 
and officials of other appropriate Federal agencies, shall conduct 
research with respect to, an investigation of, and survey the results 
of other scientific studies on, the harmful effects on the health and 
habitat of fish, shellfish, and wildlife caused by pollutants in 
water.''.
    (c) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 
1254(u)) is amended by adding at the end the following new sentences: 
``There are authorized to be appropriated to the Environmental 
Protection Agency to carry out this section such sums as may be 
necessary for fiscal year 1994 and $50,000,000 for each of fiscal years 
1995 through 2000. Of the sums made available pursuant to the preceding 
sentence for each fiscal year, the Administrator shall reserve not less 
than $500,000 for the operation of the small flows clearinghouse 
established pursuant to subsection (q)(4).''.
    (d) Technical Amendments.--Section 104 (33 U.S.C. 1254) is 
amended--
            (1) in subsection (c), by striking ``Health, Education, and 
        Welfare'' and inserting ``Health and Human Services'';
            (2) by striking subsection (g) and inserting the following 
        new subsection:
    ``(g) Research Fellowships.--The Administrator shall establish and 
maintain research fellowships with such stipends and allowances, 
including travel and subsistence expenses, as the Administrator 
considers necessary to procure the assistance of the most promising 
research fellows.'';
            (3) in subsection (p), by striking all after ``pollution 
        from'' and inserting the following: ``nonpoint sources of 
        pollution, including agriculture, urban runoff, construction 
        activities, hydromodification, forest harvesting activities, 
        mine runoff, and saltwater intrusion.'';
            (4) in subsection (q)(3)(A), by striking ``subsection 
        (e)(2) of''; and
            (5) in subsection (s)--
                    (A) by striking ``The Administrator is authorized 
                to make grants to one or more institutions of higher 
                education (regionally located and to be designated as 
                `River Studies Centers') for the purpose of conducting 
                and reporting on'' and inserting ``The Administrator, 
                in cooperation with the Director of the United States 
                Geological Survey, the heads of other Federal agencies, 
                and the States, shall conduct research, investigations, 
                and''; and
                    (B) by striking the last sentence.

SEC. 602. STATE CERTIFICATION.

    The first sentence of section 401(a) (33 U.S.C. 1341(a)(1)) is 
amended by inserting before the period at the end 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 and existing uses included in the 
standards''.

SEC. 603. EMPLOYEE PROTECTION.

    Section 507 (33 U.S.C. 1367) is amended--
            (1) in subsection (a)--
                    (A) by striking ``fire'' and inserting ``discharge, 
                discipline''; and
                    (B) by striking ``fired'' and inserting 
                ``discharged, disciplined,'';
            (2) by striking subsections (b) and (c);
            (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (4) by inserting after subsection (a) the following new 
        subsections:
    ``(b) Employee's Failure To Perform Certain Duties.--
            ``(1) In general.--
                    ``(A) In general.--No person shall discharge, 
                discipline, or otherwise discriminate against, or cause 
                to be discharged, disciplined, or discriminated 
                against, any employee on the ground that the employee 
                refuses to perform the duties of the employee, if--
                            ``(i) performing the duties would 
                        constitute a violation of this Act or a 
                        regulation issued under this Act; or
                            ``(ii) the employee reasonably believes 
                        (consistent with subparagraph (B)) that 
                        performing the duties would constitute a 
                        violation of this Act or a regulation issued 
                        under this Act and result in serious injury to 
                        the public.
                    ``(B) Reasonable belief.--For the purpose of 
                subparagraph (A)(ii), an employee shall be considered 
                to reasonably believe that performing the duties would 
                constitute a violation of this Act or a regulation 
                issued under this Act and result in serious injury to 
                the public if the circumstances causing the belief are 
                of such nature as a reasonable person, in the situation 
                of the employee, would conclude that performing the 
                duties would constitute a violation of this Act or a 
                regulation issued under this Act and that there is a 
                bona fide danger that an accident, injury, or serious 
                impairment to human health or the environment will 
                result from the circumstances.
            ``(2) Attempt to obtain correction.--In order to qualify 
        for protection under this subsection, the employee shall, if 
        practicable, have sought from the employer of the employee, and 
        have been unable to obtain, a correction of the circumstances 
        causing the refusal to perform the duties of the employee.
    ``(c) Filing of Complaint.--
            ``(1) In general.--An employee who believes that the 
        employee, or an authorized representative of employees who 
        believes that an employee, has been discharged, disciplined, or 
        otherwise discriminated against by a person in violation of 
        subsection (a) or (b) may, not later than 180 days after the 
        date on which the alleged discharge, discipline, or 
        discrimination (referred to in this section as the `violation') 
        occurs, file (or have filed by a person on behalf of the 
        employee) a complaint with the Secretary of Labor (referred to 
        in this section as the `Secretary') alleging the violation. 
        Upon receipt of the complaint, the Secretary shall notify the 
        person alleged in the complaint to have committed the violation 
        of the filing of the complaint.
            ``(2) Orders by the secretary.--
                    ``(A) Action by the secretary.--
                            ``(i) In general.--Not later than 60 days 
                        after the receipt of a complaint filed under 
                        paragraph (1) by an employee or representative 
                        (referred to in this section as the 
                        `complainant'), the Secretary shall--
                                    ``(I) conduct an investigation of 
                                the complaint;
                                    ``(II) determine whether there is 
                                reasonable cause to believe that a 
                                violation has occurred;
                                    ``(III) notify the complainant, and 
                                the person alleged to have committed 
                                the violation, of the findings of the 
                                Secretary under this clause; and
                                    ``(IV) if the Secretary determines 
                                that there is reasonable cause to 
                                believe that a violation has occurred, 
                                include in the notification a 
                                preliminary order requiring corrective 
                                action in accordance with subparagraph 
                                (C).
                            ``(ii) Filing of objections.--Not later 
                        than 30 days after the date of the issuance of 
                        a preliminary order under clause (i)(IV), the 
                        person alleged to have committed the violation 
                        or the complainant may file objections to the 
                        findings or preliminary order, or both, and 
                        request a hearing on the record. The filing of 
                        the objections shall not result in a stay of 
                        any reinstatement required under the 
                        preliminary order.
                            ``(iii) Hearings.--
                                    ``(I) Timely request.--If a hearing 
                                is timely requested in accordance with 
                                clause (ii), the Secretary shall hold a 
                                hearing on the record as soon as 
                                practicable after the request.
                                    ``(II) No timely request.--If a 
                                hearing is not timely requested, the 
                                preliminary order shall be deemed to be 
                                a final order that is not subject to 
                                judicial review.
                            ``(iv) Issuance of final order.--The 
                        Secretary shall issue a final order in 
                        accordance with subparagraph (B) not later than 
                        120 days after the conclusion of a hearing held 
                        under clause (iii)(I).
                            ``(v) Settlement.--Prior to the date of the 
                        issuance of a final order under clause (iv), 
                        the proceedings under this subparagraph may be 
                        terminated at any time on the basis of a 
                        settlement agreement entered into by the 
                        Secretary, the complainant, and the person 
                        alleged to have committed the violation.
                    ``(B) Requirement of corrective action.--A final 
                order issued under subparagraph (A)(iv) shall require 
                corrective action, in accordance with subparagraph (C), 
                if the complainant demonstrates that an employee action 
                or refusal described in subsection (a) or (b) was a 
                contributing factor in a personnel action that was 
                taken or is about to be taken against the complainant, 
                unless the person alleged to have committed the 
                violation demonstrates by clear and convincing evidence 
                that the same personnel action would have been taken in 
                the absence of the action or refusal of the 
                complainant.
                    ``(C) Types of corrective action.--If, in response 
                to a complaint filed under paragraph (1), the Secretary 
                determines that a violation has occurred, the Secretary 
                shall order the person who committed the violation to--
                            ``(i) take affirmative action to abate the 
                        violation;
                            ``(ii) reinstate the complainant to the 
                        former position of the complainant, including 
                        the compensation (including back pay), terms, 
                        conditions, and privileges of the employment of 
                        the complainant; and
                            ``(iii) pay compensatory damages to the 
                        complainant.
                    ``(D) Payment of costs and expenses.--In addition 
                to ordering any of the remedies referred to in 
                subparagraph (C), if the Secretary issues an order 
                pursuant to such subparagraph, the Secretary may, at 
                the request of the complainant, order the person who 
                committed the violation to pay to the complainant an 
                amount equal to the aggregate amount of all costs and 
                expenses (including attorney's fees) reasonably 
                incurred (as determined by the Secretary) by the 
                complainant for, or in connection with, the bringing of 
                the complaint with respect to which the order was 
                issued.
    ``(d) Judicial Action.--
            ``(1) Judicial review.--
                    ``(A) In general.--Not later than 60 days after the 
                date of the issuance of an order issued after a hearing 
                held under subsection (c)(2)(A)(iii)(I), a person 
                adversely affected or aggrieved by the order may file a 
                petition for review of the order in the United States 
                Court of Appeals for the circuit in which the 
                violation, with respect to which the order was issued, 
                allegedly occurred, or the circuit in which the person 
                resided on the date of the alleged violation. The court 
                shall review the order in accordance with chapter 7 of 
                title 5, United States Code.
                    ``(B) No other judicial review.--If review of an 
                order referred to in subparagraph (A) is not obtained 
                in accordance with this paragraph, the order shall not 
                be subject to judicial review.
            ``(2) Actions to enforce orders.--
                    ``(A) In general.--If a person fails to comply with 
                an order issued under subsection (c)(2), the Secretary 
                shall bring a civil action to enforce the order in the 
                district court of the United States for the district in 
                which the Secretary found that the violation occurred. 
                The court shall hear and decide the action.
                    ``(B) Authority of court.--In an action brought 
                under this paragraph, the district court shall have 
                jurisdiction to grant all appropriate relief, including 
                injunctive relief, reinstatement, and compensatory 
                damages.''.

SEC. 604. REPORTS TO CONGRESS.

    (a) Clean Water Report.--Subsections (a) and (b) of section 516 (33 
U.S.C. 1375) 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) a description and assessment of the 
                comprehensive watershed plans developed and implemented 
                pursuant to section 321;
                    ``(G) a description of--
                            ``(i) activities that are subject to a 
                        permit under section 404; and
                            ``(ii) other activities that may have an 
                        impact on wetlands;
                    ``(H) an assessment of progress made toward 
                achieving the goals established in section 101(a)(8);
                    ``(I) an assessment of the progress made 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; and
                            ``(iv) other programs that the 
                        Administrator considers appropriate;
                    ``(J) 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));
                    ``(K) a description of activities relating to 
                wastewater treatment operator training and 
                certification;
                    ``(L) an assessment of State water pollution 
                control programs (including an assessment of the 
                adequacy of State resources and the timeliness of 
                permit decisions and other actions by the State 
                authorized under this Act);
                    ``(M)(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;
                    ``(N) an assessment of the implementation of water 
                quality projects, programs, and activities on Federal 
                Indian reservations, including the treatment of Indian 
                tribes as States;
                    ``(O) an assessment of--
                            ``(i) the costs imposed on the States and 
                        political subdivisions of the States with 
                        respect to implementing and carrying out 
                        programs pursuant to this Act; and
                            ``(ii) the extent to which the costs 
                        referred to in clause (i) have been offset by 
                        funds made available to the States and 
                        political subdivisions of the States pursuant 
                        to funds made available by appropriations 
                        authorized under this Act; and
                    ``(P) recommendations concerning improvements to 
                the water quality programs authorized by this Act.
            ``(2) Consultation by administrator.--The Administrator 
        shall consult with appropriate officials of other Federal 
        agencies, State water pollution control agencies, and Indian 
        tribes 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 
        facilities that are--
                    ``(A) eligible to receive assistance under title 
                VI; and
                    ``(B) 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 other persons 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 2 years 
        after the date of enactment of this paragraph, and every 2 
        years thereafter, the Administrator shall submit the assessment 
        required under this subsection to Congress.''.
    (b) Elimination of Other Reports.--
            (1) 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).
            (2) 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.''.
            (3) Alternative discharge requirements.--Section 301(n) (33 
        U.S.C. 1311(n)) is amended by striking paragraph (8).
            (4) 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 (d)--
                            (i) by striking paragraph (3); and
                            (ii) by redesignating paragraph (4) as 
                        paragraph (3).
            (5) Federal procurement.--Section 508 (33 U.S.C. 1368) is 
        amended by striking subsection (e).

SEC. 605. 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.
    (c) Publicly Owned Treatment Works.--Section 502 (33 U.S.C. 1362) 
is amended by adding at the end the following new paragraph:
            ``(21) Publicly owned treatment works.--As used in titles 
        I, III, and IV, and this title, the term `publicly owned 
        treatment works' means a device or system used in the 
        collection, storage, treatment, recycling, or reclamation of 
        municipal wastewater (or a mixture of municipal wastewater and 
        industrial wastes of a liquid nature) with respect to which all 
        or part of the device or system--
                    ``(A) was constructed and is owned or operated by a 
                State or municipality;
                    ``(B) was constructed prior to the date of 
                enactment of this paragraph, owned, or operated by a 
                State or municipality and the ownership has been 
                transferred (in whole or in part) to a private entity; 
                or
                    ``(C) is owned or operated by a private entity, is 
                located at other than an industrial facility, and is 
                designed and constructed principally to treat domestic 
                wastewater from residential and commercial sources and, 
                with respect to industrial wastes, is carrying out a 
                pretreatment program meeting all requirements 
                established under section 307 and paragraphs (8) and 
                (9) of section 402(b) for pretreatment programs 
                (whether or not the treatment works would be required 
                to implement a pretreatment program pursuant to those 
                sections).''.

SEC. 606. INDIAN PROGRAMS.

    (a) Sewage Treatment.--
            (1) Report of sewage treatment needs.--Section 518(b) (33 
        U.S.C. 1377(b)) is amended--
                    (A) by striking ``Report.--The'' and inserting 
                ``Report.--
            ``(1) Assessment.--The'';
                    (B) by striking the second sentence; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this paragraph and biennially thereafter, the 
        Administrator, in cooperation with the Director of the Indian 
        Health Service, shall assess the need for sewage treatment 
        works to serve Indian tribes and report the findings of the 
        assessment to Congress.''.
            (2) Reservation of funds.--Subsection (c) of section 518 
        (33 U.S.C. 1377) is amended to read as follows:
    ``(c) Reservation of Funds.--
            ``(1) In general.--The Administrator shall reserve each 
        fiscal year, before making an allotment to the States, 1 
        percent of the amounts appropriated pursuant to section 607 for 
        grants to Indian tribes for the development of waste treatment 
        management plans and for the construction of sewage treatment 
        works.
            ``(2) Grants.--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.
            ``(3) Priority.--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 in the needs assessment conducted under 
        subsection (b)(2).
            ``(4) Technical assistance.--The Administrator shall 
        reserve not more than 2 percent of the amounts reserved 
        pursuant to paragraph (1) for making a grant to 1 or more 
        qualified not-for-profit organizations to provide technical 
        assistance to Indian tribes in the development of sewage 
        treatment plans and the effective operation of sewage treatment 
        works.''.
    (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.--
            (1) In general.--Section 603(c)(1) (33 U.S.C. 1383(c)(1)) 
        is amended by inserting ``Indian tribe,'' after ``State 
        agency''.
            (2) Capitalization grant agreements.--Section 602(b)(9) (33 
        U.S.C. 1382(b)(9)) is amended by inserting before the semicolon 
        at the end the following: ``, except that, in the case of 
        assistance to an Indian tribe, the State shall follow 
        administrative guidelines established pursuant to section 
        606(g)''.
            (3) Administrative guidelines.--Section 606 (33 U.S.C. 
        1386) is amended by adding at the end the following new 
        subsection:
    ``(g) Administrative Guidelines for Assistance to Indian Tribes.--
Not later than 18 months after the date of enactment of this 
subsection, the Administrator shall, after consultation with Indian 
tribes and the States, by regulation establish administrative 
procedures with respect to assistance provided by States to Indian 
tribes under this title. The administrative procedures shall identify 
the financial and related information pertaining to an Indian tribe 
that is the minimum information necessary to ensure proper management 
of State loan funds and shall preclude States from requiring the 
submission of additional information.''.
    (d) Treatment as States.--Section 518(e) (33 U.S.C. 1377(e)) is 
amended--
            (1) in the first sentence--
                    (A) by inserting ``321,'' after ``319,''; and
                    (B) by striking ``and 404'' and inserting ``404, 
                405, and 601''; and
            (2) by striking the second and third sentences.
    (e) Discharge Permits on Reservations.--Section 402(a) (33 U.S.C. 
1342(a)), as amended by section 502(e), is further amended by adding at 
the end the following new paragraph:
            ``(7) Discharge Permits on Reservations.--
                    ``(A) In general.--The Administrator shall issue a 
                permit pursuant to this subsection for discharges to 
                navigable waters on a Federal Indian reservation, 
                unless the Indian tribe is treated as a State pursuant 
                to section 518(e) and has been delegated authority to 
                issue permits pursuant to subsection (b).
                    ``(B) Limitations.--In issuing permits pursuant to 
                this paragraph, the Administrator shall ensure that, in 
                addition to the other requirements of this subsection, 
                the discharge will not--
                            ``(i) prevent the protection and 
                        propagation of a balanced, indigenous 
                        population of fish, shellfish, wildlife, and 
                        other biota or recreation in and on the waters; 
                        or
                            ``(ii) cause a violation of such 
                        alternative water quality criteria and 
                        standards as may be established by the 
                        Administrator with the concurrence of the 
                        tribe.
                    ``(C) Delegation.--The authority of the 
                Administrator to issue permits pursuant to this 
                paragraph may not be delegated to a State pursuant to 
                subsection (b) unless the authority is delegated to an 
                Indian tribe that is treated as a State under section 
                518(e).
                    ``(D) Duration.--Any permit for a discharge to 
                waters on a Federal Indian reservation issued by a 
                State pursuant to subsection (b) shall remain in effect 
                until the date of expiration of the permit or the date 
                that is 2 years after the date of enactment of this 
                paragraph, whichever is later.''.

SEC. 607. 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:

                        ``clean water education

    ``Sec. 519. The Administrator, in consultation with the Chief 
Executive Officer appointed pursuant to section 193 of the National and 
Community Service Act of 1990 (42 U.S.C. 12651c), shall establish a 
national program of education and information to increase public 
awareness concerning water quality. The Administrator, in cooperation 
with the States, shall foster and provide guidance for volunteer 
citizen programs for the assessment, oversight, and protection of 
individual waters. 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.''.
    (b) Technical Corrections.--Section 501 (33 U.S.C. 1361) is 
amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsection (f) as subsection (e).

SEC. 608. ARID WEST WATER QUALITY.

    (a) Arid West Water Quality Research.--Section 104 (33 U.S.C. 1254) 
is amended by adding at the end the following new subsection:
    ``(v) Arid West Water Quality Research.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator shall establish 
        an Arid West Water Quality Research Project. The project 
        shall--
                    ``(A) be located at the environmental monitoring 
                laboratory of the Environmental Protection Agency in 
                Las Vegas, Nevada;
                    ``(B) develop data for water quality criteria 
                documents for species and environments appropriate for 
                ephemeral and effluent-dependent streams, especially in 
                the arid West; and
                    ``(C) conduct such additional research as the 
                Administrator, in consultation with the Board 
                established pursuant to paragraph (2), determines to be 
                appropriate.
            ``(2) Arid west water quality research board.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, the Administrator 
                shall establish a research board to be known as the 
                `Arid West Water Quality Research Board' (referred to 
                in this subsection as the `Board') to advise the 
                Administrator in the development of research conducted 
                pursuant to this subsection.
                    ``(B) Composition of board.--The Board shall be 
                chaired by a representative of the Administrator and 
                shall include 2 individuals from each of the following 
                categories, appointed by the Administrator:
                            ``(i) Representatives of State regulatory 
                        agencies of States in the arid West.
                            ``(ii) Representatives of the university 
                        research community located in States referred 
                        to in clause (i).
                            ``(iii) Representatives of wastewater 
                        agencies located in States referred to in 
                        clause (i).
                            ``(iv) Representatives of water agencies 
                        located in States referred to in clause (i).
                            ``(v) Representatives of industries located 
                        in States referred to in clause (i).
                            ``(vi) Representatives of environmental 
                        organizations located in States referred to in 
                        clause (i).
                    ``(C) Terms.--The Administrator shall determine the 
                term served by each member of the Board.
            ``(3) Proposals.--Any interested party may submit to the 
        Board a proposal to conduct research at the facility. On the 
        recommendation of the Board, the Administrator may provide 
        funding for the proposal to the extent funding is available.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Administrator such sums as 
        may be necessary to carry out this subsection.
            ``(5) Definition.--As used in this subsection, the term 
        `arid West' has the same meaning as is provided the term in 
        section 126(e)(1).''.
    (b) Ephemeral and Effluent-Dependent Streams.--Title I (33 U.S.C. 
1251 et seq.), as amended by section 403, is further amended by adding 
at the end the following new section:

               ``ephemeral and effluent-dependent streams

    ``Sec. 122. (a) Development of Revised Water Quality Criteria for 
Ephemeral and Effluent-Dependent Streams.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this section, the Administrator shall convene a 
        working group, consisting of representatives of the industrial 
        community, environmental organizations, the governments of 
        States and political subdivisions of States, and water and 
        wastewater agencies. The working group shall include 
        representatives of the arid West and the Environmental 
        Protection Agency.
            ``(2) Recommendations of working group.--
                    ``(A) Methodology.--The working group shall 
                recommend revisions to the methodology used by the 
                Administrator to develop water quality criteria to 
                include criteria appropriate for ephemeral and 
                effluent-dependent streams. The recommendations shall 
                include a prioritized list of water quality criteria 
                that need to be developed or revised.
                    ``(B) Other recommendations.--The working group 
                shall make recommendations for additional scientific 
                research and any other information or guidance that the 
                working group determines to be needed for the 
                development of criteria for water quality that can be 
                appropriately adapted by States to reflect special 
                regional and site-specific characteristics, especially 
                with respect to the arid West.
            ``(3) Revision of methodology.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of this subsection, the 
                Administrator shall revise the methodology used to 
                develop water quality standards for ephemeral and 
                effluent-dependent streams in accordance with the 
                recommendations of the working group convened pursuant 
                to paragraph (1) and shall publish the revised 
                methodology in the Federal Register.
                    ``(B) Criteria documents.--
                            ``(i) In general.--Not later than 3 years 
                        after the date of enactment of this section, 
                        and annually thereafter, the Administrator 
                        shall develop and publish at least 2 criteria 
                        documents addressing ephemeral and effluent-
                        dependent streams in accordance with the 
                        revised methodology established pursuant to 
                        subparagraph (A) until such time as each of the 
                        criteria on the prioritized list established in 
                        paragraph (2)(A) is published.
                            ``(ii) Contents of documents.--The 
                        documents published pursuant to clause (i) 
                        shall reflect accurate and relevant scientific 
                        data and, at a minimum, include--
                                    ``(I) a description of the types of 
                                waterbodies to which the criteria may 
                                appropriately be applied; and
                                    ``(II) guidance concerning methods, 
                                including mathematical formulas, that 
                                may be used by a State to modify the 
                                criteria to account for unique 
                                ecological, hydrological, physical, or 
                                biological conditions that may be 
                                associated with the types of waters 
                                covered by the criteria documents, 
                                especially in the arid West.
            ``(4) Guidance.--On receipt of the recommendations from the 
        working group convened pursuant to paragraph (1), the 
        Administrator shall provide guidance concerning scientific 
        methods for conducting supporting studies to create 
        subclassifications of attainable uses and to establish site-
        specific or regional water quality criteria appropriate to 
        protect the uses.
    ``(b) Promotion of Use of Reclaimed Water.--
            ``(1) In general.--The Administrator shall promote the 
        environmentally beneficial use of reclaimed water and the 
        development of appropriate water quality criteria and water 
        quality standards for ephemeral and effluent-dependent streams, 
        especially in the arid West--
                    ``(A) that have a limited ability to develop and 
                maintain traditional water resources; and
                    ``(B) with respect to which the discharge of 
                reclaimed water to otherwise arid or semiarid 
                environments, such as ephemeral watercourses, can also 
                support limited aquatic and riparian habitat that would 
                not otherwise exist.
            ``(2) State standard.--If a State adopts or reviews water 
        quality standards pursuant to section 303, the State may 
        consider, in addition to other factors referred to in such 
        section, the need for allowing the discharge of reclaimed water 
        to navigable water to promote the beneficial use of reclaimed 
        water in the arid West. In addition, the State may also take 
        into consideration, and reflect in the standards--
                    ``(A) the use and value of reclaimed water for 
                public water supplies, including the extent to which 
                the beneficial reuse of reclaimed water resources will 
                augment the traditional water supply of the State and 
                reduce demands on other environmentally sensitive water 
                resources;
                    ``(B) the natural conditions that influence water 
                quality in the area that is the subject of the 
                standards, including extremes of temperature, water 
                flow, turbidity, mineralization, salinity, and 
                flooding; and
                    ``(C) whether the discharge of reclaimed water will 
                result in a net environmental benefit to the watershed 
                of the water that is the subject of the standards.
    ``(c) Constructed Water Conveyances.--
            ``(1) In general.--If a State adopts or reviews water 
        quality standards for constructed water conveyance systems, the 
        standards may consider--
                    ``(A) the then existing and planned uses of water 
                transported in a conveyance system;
                    ``(B) the ability to return water to natural water 
                systems or navigable waters;
                    ``(C) human-caused conditions necessary to maintain 
                the functionality of a conveyance system; and
                    ``(D) State or regional water resource management 
                and water conservation plans.
            ``(2) Uses.--A State is not required to impose aquatic, 
        wildlife, and fish consumption uses for constructed water 
        conveyance systems if the uses are not existing and foreseeable 
        uses.
    ``(d) Interim Water Quality Standards for Ephemeral and Effluent-
Dependent Streams.--
            ``(1) In general.--If an ephemeral or effluent-dependent 
        stream is not attaining, and cannot reasonably be expected to 
        attain, the current designated use of the stream because of 
        natural, ephemeral, intermittent, or low flow conditions or 
        water levels, a State may establish an alternative use for 
        ephemeral and effluent-dependent streams. Each alternative use 
        established pursuant to this section shall ensure full 
        protection of public health, existing uses, and all existing 
        and designated uses of downstream waters.
            ``(2) Revised or new water quality criteria.--
                    ``(A) In general.--For each ephemeral and effluent-
                dependent stream with respect to which--
                            ``(i) a State adopts an alternative use 
                        designation in accordance with paragraph (1); 
                        and
                            ``(ii) ephemeral and effluent-dependent 
                        water quality criteria have not been developed 
                        pursuant to subsection (c),
                a State may adopt revised or new interim water quality 
                criteria.
                    ``(B) Content of criteria.--The revised or new 
                water quality criteria adopted pursuant to subparagraph 
                (A) shall be based on--
                            ``(i) then existing criteria for ephemeral 
                        and effluent-dependent streams;
                            ``(ii) applicable acute aquatic life 
                        criteria established by the State; or
                            ``(iii) any criteria specifically developed 
                        by the State to protect an alternative use 
                        designation.
                    ``(C) Modifications.--In adopting or revising water 
                quality criteria for ephemeral and effluent-dependent 
                streams pursuant to this subsection, a State shall make 
                such modifications to the then existing water quality 
                criteria as are appropriate to ensure that the 
                criteria--
                            ``(i) support any applicable alternative 
                        use designation referred to in paragraph (1); 
                        and
                            ``(ii) reflect regional or site-specific 
                        characteristics.
            ``(3) Approval by administrator.--If a State adopts new or 
        revised water quality standards for ephemeral and effluent-
        dependent streams pursuant to this subsection, the 
        Administrator shall review and approve the standards if the 
        Administrator finds that the standards meet the requirements of 
        this Act.
            ``(4) Site specific or regional scientific study plan.--If 
        a State submits criteria that, on a scientific basis, are 
        consistent with the guidance issued pursuant to subsection 
        (a)(4), the criteria shall be deemed to have satisfied the 
        requirements of section 131.6(f) of title 40, Code of Federal 
        Regulations.
    ``(e) Definitions.--As used in this section:
            ``(1) Arid west.--The term `arid West' means an area in the 
        western portion of the United States that typically receives 
        less than 15 inches of rain on an annual basis.
            ``(2) Constructed water conveyance.--The term `constructed 
        water conveyance' means a man-made lined canal or other man-
        made water transport system constructed for the purpose of 
        transporting water in a waterway that is not and never was a 
        natural waterway.
            ``(3) Effluent-dependent stream.--The term `effluent-
        dependent stream' means a stream--
                    ``(A) with respect to which the flow (based on the 
                annual average expected flow, determined by calculating 
                the average mode over a 10-year period) is primarily 
                attributable to the discharge of treated wastewater;
                    ``(B) that, in the absence of a discharge referred 
                to in subparagraph (A) and other primary anthropogenic 
                surface or subsurface flows, would be considered an 
                ephemeral stream; and
                    ``(C) that would be considered an effluent-
                dependent stream in accordance with applicable State 
                water quality standards.
            ``(4) Ephemeral stream.--The term `ephemeral stream' means 
        a stream that has a channel that--
                    ``(A) is at all times above the permanent water 
                table; and
                    ``(B) flows periodically in response to 
                precipitation, snowmelt, or runoff.''.
    (c) Beneficial Reuse Goal.--Section 101 (33 U.S.C. 1251), as 
amended by section 303(a)(2), is further amended by adding at the end 
the following new subsection:
    ``(i) Beneficial Reuse Goal.--It is the policy of Congress to 
promote the environmentally beneficial reuse of water, especially for 
States in the arid and semiarid regions of the United States, to the 
fullest extent practicable in a manner consistent with State law and 
the goals and requirements of this Act.''.

SEC. 609. OCEAN DISCHARGE AND WASTEWATER RECLAMATION.

    Section 301(j) (33 U.S.C 1311(j)) is amended--
            (1) in paragraph (1)(A), by inserting before the semicolon 
        at the end the following: ``, and except as provided in 
        paragraph (5)''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Extension of application deadline.--A municipality 
        referred to in section 510(g) of the Water Quality Act of 1987 
        (Public Law 100-4; 101 Stat. 81) may apply for a modification 
        pursuant to subsection (h) not later than 180 days after the 
        date of enactment of the Water Pollution Prevention and Control 
        Act of 1994. An application from a municipality under this 
        paragraph shall include a commitment to implement a wastewater 
        reclamation program that, at a minimum, will result in a 
        reduction in the quantity of suspended solids discharged into 
        the marine environment during the 5-year period of the 
        modification. The Administrator shall announce a preliminary 
        decision on an application submitted under the preceding 
        sentence not later than 1 year after the application is 
        submitted.''.

SEC. 610. ENVIRONMENTAL EDUCATION CHALLENGE GRANT PROGRAM.

    Title V (33 U.S.C. 1361 et seq.), as amended by section 607(a), is 
further amended--
    (1) by redesignating section 520 as section 521; and
    (2) by inserting after section 519 the following new section:

           ``environmental education challenge grant program

    ``Sec. 520. (a) In General.--The Secretary of the Army, acting 
through the Chief of Engineers of the Army Corps of Engineers (referred 
to in this section as the `Secretary'), shall establish a grant program 
to provide assistance to States and political subdivisions of States 
for the development and construction of environmental education 
facilities pursuant to this section. Each facility referred to in the 
preceding sentence shall be used to enhance public awareness of the 
importance of aquatic, marine, and other natural resources and serve as 
a clearinghouse for the transfer of information concerning aquatic, 
marine, and other natural resources to policy makers and the general 
public.
    ``(b) Use of Grants; Grant Amount.--
            ``(1) In general.--A grant awarded pursuant to this section 
        may be used only for--
                    ``(A) constructing, enlarging, or otherwise 
                improving a building or exhibit (or both) associated 
                with an environmental education facility that is owned 
                by the grant recipient; and
                    ``(B) if applicable, any additional cost described 
                in paragraph (2).
            ``(2) Additional costs.--
                    ``(A) In general.--If a recipient of a grant 
                awarded pursuant to this section demonstrates, to the 
                satisfaction of the Secretary, that a cost described in 
                subparagraph (B) is necessary to ensure the development 
                or construction of an environmental education facility, 
                the recipient may use the grant award to cover the 
                additional cost.
                    ``(B) Eligible additional costs.--Subject to 
                subparagraph (A), a grant recipient may use a grant 
                award to cover reasonable fees and costs associated 
                with--
                            ``(i) conducting an archaeological survey;
                            ``(ii) conducting a salvage or other 
                        mitigation measure;
                            ``(iii) carrying out a planning activity;
                            ``(iv) establishing or acquiring a property 
                        right (including acquiring an interest in land, 
                        a water right, or a right-of-way); or
                            ``(v) obtaining other evidence of legal 
                        control over land or water.
            ``(3) Limitations.--A grant awarded pursuant to this 
        section may not be used to pay--
                    ``(A) a finder's fee; or
                    ``(B) any annual recurring cost (including a cost 
                for a purchase or rental) that the Secretary determines 
                is generally considered to be an operating or 
                maintenance expense.
            ``(4) Federal share; amount.--
                    ``(A) Federal share.--The Federal share of a grant 
                awarded pursuant to this section may not exceed the 
                lesser of--
                            ``(i) 33 percent of the cost of the project 
                        that is the subject of the grant award; or
                            ``(ii) $10,000,000.
                    ``(B) Non-federal share.--A grant awarded pursuant 
                to this section shall be awarded on the condition that 
                the grant recipient pay (or ensure the payment of) a 
                non-Federal share in an amount equal to--
                            ``(i) the cost of the project that is the 
                        subject of the grant award; minus
                            ``(ii) the amount of the Federal share paid 
                        pursuant to subparagraph (A).
    ``(c) Grant Application; Approval.--
            ``(1) Application.--
                    ``(A) In general.--An application for a grant under 
                this section shall be in such form, and submitted in 
                such manner, as the Secretary determines appropriate. 
                The Secretary shall review each completed application 
                as soon as practicable after the date of submission of 
                the application.
                    ``(B) Contents.--Each application submitted 
                pursuant to this subsection shall include, in 
                sufficient detail for review by the Secretary--
                            ``(i) plans for, specifications for, and 
                        estimates of the cost of, the project that is 
                        the subject of the application; and
                            ``(ii) assurances that the applicant has 
                        secured sufficient financial commitments to 
                        carry out the project to pay the non-Federal 
                        share of the project required under subsection 
                        (b)(4)(B).
            ``(2) Approval.--If, after reviewing an application 
        submitted pursuant to this subsection, the Secretary determines 
        that a project described in the application meets the 
        requirements of this section, and otherwise meets the 
        requirements of this Act, the Secretary may approve the 
        application.
    ``(d) Payment of Grant Award.--
            ``(1) In general.--The Secretary shall make periodic 
        payments of a grant awarded pursuant to this section to the 
        recipient of the grant.
            ``(2) Schedule.--The payments shall be made in accordance 
        with a schedule that the Secretary shall establish to ensure 
        that the amount of each of the periodic payments does not 
        exceed an amount equal to the Federal share of the costs 
        incurred by the grant recipient during the payment period 
        (including the costs of construction and the costs of 
        construction materials).
            ``(3) Final payment.--On completion of the project that is 
        the subject of the grant, the Secretary shall review the costs 
        associated with the project, and make a final payment to the 
        grant recipient in an amount equal to the remaining amount of 
        the grant (if any).
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section for 
each of fiscal years 1995 through 1999.''.

SEC. 611. LAND ACQUISITION.

    (a) Consideration of Acquisition.--Each plan prepared by a State, 
local, or other non-Federal entity under section 118, 314, 319, 320, or 
321 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) 
shall evaluate the acquisition of lands or an interest in lands as a 
means of meeting the goals of the plans in a timely manner. If the 
acquisition of lands or an interest in lands is found to be an 
effective and appropriate means for implementing a plan, the plan shall 
include programs to provide State, local, private, or other non-Federal 
funding of the acquisitions.
    (b) Limitations on Use of Funds.--
            (1) In general.--Funding authorized by the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.) for the 
        implementation of the plans referred to in subsection (a) may 
        be used for the acquisition of lands or interests in lands if--
                    (A) the lands or interests in lands are acquired 
                from willing sellers and held in perpetuity in public 
                ownership; and
                    (B) the relevant plan approved by the Administrator 
                includes an evaluation of the effectiveness and 
                appropriateness of the acquisition of lands or an 
                interest in lands and finds the acquisition to be 
                effective and appropriate.
            (2) Preference.--In considering requests for funding the 
        acquisition of lands or interests in lands under this section, 
        the Administrator shall give preference to requests in which 
        Federal funds will be matched by the State, the entity 
        responsible for implementing a plan, or any other non-Federal 
        entity.
            (3) Ownership.--All lands and interests in lands acquired 
        under this section shall be held by a public entity authorized 
        by the Governor of the State in which the lands are located. In 
        no case may the Administrator of the Environmental Protection 
        Agency or the head of any other Federal agency hold any lands 
        or interest in lands acquired under this section.
    (c) Use of Lands.--Lands acquired pursuant to this section shall be 
made available for public recreational purposes to the extent possible 
considering the environmental sensitivity and suitability of the lands, 
unless the recreational activities would be incompatible with the 
purposes for which the lands were acquired.
    (d) Effect on Other Law.--Nothing in this section revises, 
suspends, or abrogates any applicable requirement of the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.).

SEC. 612. ENVIRONMENTAL FINANCE.

    (a) Environmental Financial Advisory Board.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') shall establish an Environmental Financial 
        Advisory Board to provide expert advice on issues affecting the 
        costs and financing of environmental activities at the Federal, 
        State, and local level. The Board shall report to the 
        Administrator, and shall make its services and expertise 
        available to the appropriate committees of Congress.
            (2) Membership.--The Board shall consist of thirty-five 
        members selected by the Administrator. The members of the Board 
        shall each serve for a term of two years, except that twenty of 
        the members initially appointed to the Board shall serve for a 
        term of one year. The members of the Board shall be persons 
        with expertise in financial matters and shall be chosen from 
        among elected officials, national trade and environmental 
        organizations, the finance, banking, and legal communities, 
        business and industry, and academia. The members of the Board 
        shall elect a Chair and Vice Chair, who shall each serve a term 
        of two years.
            (3) Duties.--After establishing appropriate rules and 
        procedures for the operations of the Board, the Board shall--
                    (A) work with the Science Advisory Board of the 
                Environmental Protection Agency to identify and develop 
                methods to integrate risk and finance considerations 
                into environmental decisionmaking;
                    (B) identify and examine strategies to enhance 
                environmental protection in urban areas, reduce 
                disproportionate risk facing urban communities, and 
                promote economic revitalization and environmentally 
                sustainable development;
                    (C) develop and recommend initiatives to expand 
                opportunities for the export of United States financial 
                services and environmental technologies;
                    (D) develop alternative financing mechanisms to 
                assist State and local governments in paying for 
                environmental programs;
                    (E) develop alternative financing mechanisms and 
                strategies to meet the unique needs of small and 
                economically disadvantaged communities; and
                    (F) undertake such other activities as the Board 
                determines will further the purposes of this Act.
            (4) Recommendations.--The Board may recommend to the 
        Administrator and to the Congress legislative and policy 
        initiatives to make financing for environmental protection more 
        available and less costly.
            (5) Public input.--The Board shall hold open meetings and 
        seek input from the public and other interested parties in 
        accordance with the Federal Advisory Committee Act (5 U.S.C. 
        App.), and shall otherwise be subject to such Act.
    (b) Environmental Finance Centers.--The Administrator shall 
establish and support Environmental Finance Centers in each of the ten 
Federal regions. These centers shall coordinate their activities with 
the Board, and are authorized to--
            (1) provide on- and off-site training of State and local 
        officials;
            (2) publish newsletters, course materials, proceedings, and 
        other publications relating to financing of environmental 
        infrastructure;
            (3) initiate and conduct conferences, seminars, and 
        advisory panels on specific finance issues relating to 
        environmental programs and projects;
            (4) establish electronic database and contact services to 
        disseminate information to public entities on financing 
        alternatives for State and local environmental programs;
            (5) generate case studies and special reports;
            (6) develop inventories and surveys of financial issues and 
        needs of State and local governments;
            (7) identify financial programs, initiatives, and 
        alternative financing mechanisms for training purposes;
            (8) hold public meetings on finance issues; and
            (9) collaborate with one another on projects and exchange 
        information.
    (c) Authorization of Appropriations.--
            (1) Environmental financial advisory board.--There is 
        authorized to be appropriated the sum of $1,000,000 for each of 
        the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 to 
        carry out subsection (a).
            (2) Environmental finance centers.--There is authorized to 
        be appropriated the sum of $2,500,000 for each of the fiscal 
        years 1995, 1996, 1997, 1998, 1999, and 2000 for the 
        Environmental Finance Center program established pursuant to 
        this section. The Administrator is authorized to grant such 
        funds to institutions of higher learning to carry out the 
        provisions of subsection (b).

SEC. 613. CLEAN LAKES.

    (a) Lake Water Quality Research.--Subsection (h) of section 104 (33 
U.S.C. 1254(h)) is amended to read as follows:
    ``(h) Lake Water Quality Research.--
            ``(1) In general.--In carrying out subsection (a), the 
        Administrator shall conduct a comprehensive research program 
        concerning the lakes of the United States.
            ``(2) Components.--The research program provided for in 
        this subsection shall, at a minimum--
                    ``(A) develop improved methods for the monitoring 
                and assessment of lake conditions and water quality;
                    ``(B) improve knowledge of lake processes, 
                including watershed assessments and the recycling of 
                pollutants from sediments to water;
                    ``(C) investigate the nature and extent of 
                variation in pollutant effects on lakes as opposed to 
                other aquatic systems, and characterize the degree to 
                which lakes may be especially vulnerable to pollution;
                    ``(D) identify and assess methods and practices to 
                control sources of pollution to lakes, including 
                watershed management techniques and practices; and
                    ``(E) assess the threat to lake quality posed by 
                aquatic vegetation and develop and demonstrate methods 
                to control excessive vegetation in lakes and prevent 
                the distribution of nuisance aquatic vegetation 
                throughout the United States.
            ``(3) Contracts and grants.--In carrying out this 
        subsection, the Administrator may enter into contracts with, or 
        make grants to, public or private agencies and organizations.
            ``(4) Lake research advisory committee.--
                    ``(A) Appointment.--The Administrator shall appoint 
                an advisory committee to be known as the `Lake Research 
                Advisory Committee' (referred to in this paragraph as 
                the `Committee') to advise the Administrator concerning 
                the design and implementation of the research program 
                required by this subsection.
                    ``(B) Composition.--The Committee shall be composed 
                of not more than 12 members with substantial expertise 
                and experience in lake research. Not more than 3 
                members of the Committee shall be employees of the 
                Federal Government. Not fewer than 3 members shall be 
                employees of State environmental agencies.
                    ``(C) Terms.--Each Committee member shall serve for 
                a term of 2 years, except that the Administrator shall 
                initially appoint 4 members who shall each serve for a 
                term of 3 years and 4 members who shall each serve for 
                a term of 4 years. Each member may be reappointed to 1 
                additional term.''.
    (b) Lake Water Quality Standards.--
            (1) Lake designations.--Section 314 (33 U.S.C. 1324) is 
        amended by adding at the end the following new subsection:
    ``(e) Lake Use Designations.--Not later than 5 years after the date 
of enactment of this subsection, each State shall designate, pursuant 
to section 303, the use of each publicly owned lake in the State in a 
manner consistent with the following uses:
            ``(1) Public drinking water supply.
            ``(2) Swimming and related body contact recreation.
            ``(3) Resource protection, to ensure the protection and 
        propagation of a balanced, indigenous population of fish and 
        wildlife.
            ``(4) Other uses identified by the State.''.
            (2) Lake water quality criteria.--Section 304(a) (33 U.S.C. 
        1314(a)), as amended by section 202(a)(8), is further amended 
        by adding at the end the following new paragraph:
            ``(13) Lake water quality criteria.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this paragraph and periodically 
                thereafter, the Administrator shall publish pursuant to 
                this subsection water quality criteria for freshwater 
                lakes, including, at a minimum--
                            ``(i) total phosphorus;
                            ``(ii) chlorophyll a; and
                            ``(iii) transparency.
                The criteria documents published pursuant to this 
                paragraph shall address the factors identified in 
                paragraph (1) and shall identify numerical 
                concentrations that, in the judgment of the 
                Administrator, are appropriate to ensure the 
                maintenance and attainment of each use designated 
                pursuant to section 303 or 314(e).
                    ``(B) Lake water quality guidance.--Not later than 
                18 months after the date of enactment of this 
                paragraph, the Administrator shall publish guidance to 
                assist States in the adoption of lake water quality 
                standards for contaminants for which criteria documents 
                have been published pursuant to this subsection. The 
                guidance shall supplement criteria in existence on the 
                date of publication of the guidance to the extent 
                necessary to ensure that States have adequate 
                information to support the adoption of numerical lake 
                water quality standards for each parameter referred to 
                in subparagraph (A) that will ensure the attainment and 
                maintenance of each use designated pursuant to section 
                303 or 314(e).
                    ``(C) New water quality criteria.--Beginning on the 
                date of enactment of this paragraph, any criteria 
                document published pursuant to this subsection shall 
                include such information as the Administrator 
                determines is appropriate to assist States in the 
                adoption of numerical lake water quality standards for 
                the pollutant that is the subject of the document that 
                will ensure the attainment and maintenance of each use 
                designated pursuant to section 303 or 314(e).''.
            (3) Lake water quality standards.--Section 303(a) (33 
        U.S.C. 1313), as amended by section 202(b)(4)(C), is further 
        amended by adding at the end the following new paragraph:
            ``(8) Lake water quality standards.--
                    ``(A) In general.--Not later than 3 years after the 
                date of publication of water quality criteria pursuant 
                to section 304(a), each State shall establish for each 
                publicly owned lake in the State numerical standards 
                for the criteria.
                    ``(B) Waiver.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Administrator may waive the 
                        requirement to adopt a standard for the 
                        criteria published pursuant to section 304(a) 
                        if the State demonstrates that there is no 
                        impairment to lake water quality associated 
                        with the parameter that is the subject of the 
                        standard in the State.
                            ``(ii) Exception.--The Administrator may 
                        not waive the requirement to adopt a standard 
                        for a pollutant listed pursuant to section 
                        304(a)(12)(A).
                    ``(C) Failure to adopt standards.--If a State fails 
                to adopt lake water quality standards pursuant to this 
                paragraph, the criteria published pursuant to section 
                304(a)(12) shall be the State water quality standard 
                for each lake, regardless of use designation, unless 
                and until the State adopts, and the Administrator 
                approves, a revised standard in accordance with this 
                section.''.
    (c) Lake Water Quality Program Support.--
            (1) Conforming amendments.--Section 314(a)(1) (33 U.S.C. 
        1324(a)(1)) is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``on a biennial basis'';
                    (B) by striking subparagraphs (B) through (D); and
                    (C) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (B) and (C), respectively.
            (2) Clean lakes program support.--Subsection (b) of section 
        314 (33 U.S.C. 1324(b)) is amended to read as follows:
    ``(b) State Clean Lakes Program.--
            ``(1) In general.--A State may submit to the Administrator 
        an application for a grant, and the Administrator may make a 
        grant, to--
                    ``(A) conduct a program to protect the quality of 
                lakes throughout the State;
                    ``(B) develop a plan for the control of pollution 
                to a specific lake or group of lakes in the State; or
                    ``(C) implement a plan developed pursuant to 
                subparagraph (B).
            ``(2) Lake quality protection programs.--The Administrator 
        may make a grant pursuant to paragraph (1)(A) if the grant is 
        for a statewide program--
                    ``(A) to improve public information and education 
                concerning lake protection;
                    ``(B) to develop State or local requirements 
                concerning lake protection, including lake quality 
                standards;
                    ``(C) to develop lake assessment and monitoring 
                information; or
                    ``(D) to carry out a combination of the activities 
                described in subparagraphs (A) through (C).
            ``(3) Pollution control plans.--The Administrator may make 
        a grant pursuant to paragraph (1)(B) if the grant is for--
                    ``(A) the development of a lake protection plan 
                (including an assessment of lake conditions);
                    ``(B) the identification of pollution sources with 
                respect to a lake;
                    ``(C) the development of a plan or program for 
                pollution control; or
                    ``(D) carrying out a combination of the activities 
                described in subparagraphs (A) through (C).
            ``(4) Approval.--
                    ``(A) In general.--The Administrator shall approve 
                any lake protection plan developed pursuant to 
                paragraph (3) on the basis of a finding that the plan 
                meets the goals and requirements of this Act.
                    ``(B) Eligibility for assistance.--Any plan 
                approved pursuant to this paragraph shall be considered 
                to be an approved watershed plan pursuant to section 
                321 and shall, notwithstanding section 603(c)(2)(B), be 
                eligible for assistance pursuant to title VI.
            ``(4) Cost share.--Each grant made pursuant to subparagraph 
        (A) or (B) of paragraph (1) shall be made on the condition that 
        25 percent of the cost of the project that is the subject of 
        the grant is provided from non-Federal sources. Each grant made 
        pursuant to paragraph (1)(C) shall be made on the condition 
        that 50 percent of the cost of the project that is the subject 
        of the grant is provided from non-Federal sources and that the 
        non-Federal contribution may be assessed beginning on the date 
        of submittal of the application to the Administrator.
            ``(5) Prioritization of proposals.--
                    ``(A) Lake quality protection programs.--In 
                awarding grants pursuant to paragraph (1)(A), the 
                Administrator shall give priority to proposals with the 
                greatest potential to improve or protect lake water 
                quality and to proposals that will support the 
                development of long-term, sustained lake protection 
                programs in a State.
                    ``(B) Pollution control plans.--In awarding grants 
                pursuant to paragraph (1)(B), the Administrator shall 
                give priority to--
                            ``(i) projects concerning lakes that are 
                        listed pursuant to subsection (a)(1)(B);
                            ``(ii) projects concerning lakes that are a 
                        source of public water supply; and
                            ``(iii) projects that will develop an 
                        innovative pollution control method or practice 
                        with potential application to other lakes.
                    ``(C) Plan implementation.--Grants made pursuant to 
                paragraph (1)(C) shall be limited to projects 
                concerning lakes for which a control program has been 
                developed pursuant to paragraph (3).
            ``(6) Eligibility requirement.--A State that has not 
        complied with the requirements of subsection (a) for the most 
        recent report period or section 303(i) shall not be eligible 
        for grants made pursuant to this subsection.''.
            (3) Authorization of appropriations.--Section 314(c) (33 
        U.S.C. 1324(c)) is amended--
                    (A) by striking ``(c)(1)'' and all that follows 
                through ``(2) There'' and inserting the following:
    ``(c) Authorization of Appropriations.--There'';
                    (B) in the first sentence--
                            (i) by striking ``and'' after ``1985,'';
                            (ii) by inserting after ``1990'' the 
                        following: ``, and $50,000,000 for each of 
                        fiscal years 1991 through 2000,''; and
                            (iii) by striking ``subsection (b) of''; 
                        and
                    (C) by striking the last sentence.
    (d) Demonstration Program.--
            (1) Program revisions.--Section 314(d)(1) (33 U.S.C. 
        1324(d)(1)) is amended--
                    (A) in subparagraph (C), by adding ``and'' at the 
                end;
                    (B) in subparagraph (D), by striking the semicolon 
                at the end and inserting a period; and
                    (C) by striking subparagraphs (E) through (G).
            (2) Demonstration projects.--Section 314(d)(2) (33 U.S.C. 
        1324(d)(2)) is amended by inserting after ``Sauk Lake, 
        Minnesota;'' the following: ``China Lake, Maine; Flathead Lake, 
        Montana; Candlewood Lake, Connecticut;''.
            (3) Authorization of appropriations.--Section 314(d) (33 
        U.S.C. 1324(d)), as amended by section 604(b)(4)(B)(ii), is 
        further amended by striking paragraph (3).
    (e) Assessment of Phosphates in Detergents.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, the Administrator shall carry out a 
        study of phosphates in detergent products and submit to 
        Congress a report describing the results of the study.
            (2) Contents of study.--The study required under paragraph 
        (1) shall include--
                    (A) an assessment of the quantity of phosphates in 
                detergent products and the past and future trends in 
                the quantities of phosphates in detergent products;
                    (B) an evaluation of the environmental benefits of 
                reduced levels of phosphates in detergent products;
                    (C) an assessment of possible operational and 
                capital cost savings at publicly owned sewage treatment 
                works that would result from reduced levels of 
                phosphates in detergent products;
                    (D) an assessment of the availability of 
                substitutes for phosphates in dishwashing and 
                commercial and industrial detergent products, including 
                the degree to which substitutes are comparable to 
                phosphate-based products in terms of cost and 
                effectiveness; and
                    (E) recommendations that the Administrator 
                determines are appropriate regarding phosphates or 
                phosphate substitutes in detergent products.
    (f) Clean Lakes Education.--Section 314 (33 U.S.C. 1324), as 
amended by subsection (b)(1), is further amended by adding at the end 
the following new subsection:
    ``(f) Clean Lakes Education.--
            ``(1) In general.--The Administrator shall develop and 
        carry out a national program to educate the public concerning 
        lake quality and lake pollution problems and to foster public 
        involvement in lake assessment and protection programs.
            ``(2) Lake watch program.--
                    ``(A) Establishment.--Not later than 18 months 
                after the date of enactment of this subsection, the 
                Administrator shall, by regulation, establish a 
                program, to be known as the `Lake Watch Program' 
                (referred to in this paragraph as the `Program'), to 
                encourage nonprofit citizens groups to engage in lake 
                assessment and protection activities.
                    ``(B) Contents of regulations.--The regulations 
                issued pursuant to subparagraph (A) shall establish--
                            ``(i) a process for identifying citizens 
                        groups interested in participating in the 
                        Program;
                            ``(ii) a national registry of--
                                    ``(I) citizens groups participating 
                                in the Program; and
                                    ``(II) lakes with respect to which 
                                the groups engage in assessment and 
                                protection activities;
                            ``(iii) minimum conditions to be met by a 
                        citizens group that participates in the 
                        Program, including--
                                    ``(I) minimum monitoring of lake 
                                quality;
                                    ``(II) periodic reports of lake 
                                protection activities;
                                    ``(III) the identification of the 
                                watershed area of each lake with 
                                respect to which the group engages in 
                                assessment and protection activities; 
                                and
                                    ``(IV) periodic renewal of 
                                participation; and
                            ``(iv) a process for approval of the 
                        participation of a group in the Program.
                    ``(C) Informational publication.--The Administrator 
                shall publish periodically an informational publication 
                on lake assessment and protection for citizens groups 
                participating in the Program.
                    ``(D) Lake watch award.--The Administrator shall 
                provide an annual award, to be known as the `Lake Watch 
                Award', to 1 of the citizens groups participating in 
                the Program in each State that has demonstrated an 
                outstanding commitment to lake assessment and 
                protection.
                    ``(E) Program coordination.--
                            ``(i) In general.--The Administrator shall 
                        inform each citizens group participating in the 
                        Program of pollution control activities within 
                        the watershed area of each lake with respect to 
                        which the group engages in assessment and 
                        protection activities, including--
                                    ``(I) the award of grant assistance 
                                pursuant to this section;
                                    ``(II) the initiation of an 
                                enforcement action pursuant to section 
                                309;
                                    ``(III) the award of an incentive 
                                or demonstration grant pursuant to 
                                section 319;
                                    ``(IV) the issuance of a permit 
                                pursuant to section 402; and
                                    ``(V) the award of a loan or other 
                                assistance pursuant to title VI.
                            ``(ii) Delegation of authority.--The 
                        Administrator may delegate the authority to 
                        carry out this subparagraph to a State.''.
    (g) Nuisance Aquatic Vegetation Control.--
            (1) Control program.--Subtitle C of the Nonindigenous 
        Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
        4721 et seq.) is amended by adding at the end the following new 
        section:

``SEC. 1210. EURASIAN MILFOIL CONTROL.

    ``(a) In General.--In coordination with regional, State, and local 
entities, the Task Force shall undertake a comprehensive and 
environmentally sound program to prevent the dissemination of Eurasian 
Milfoil (Myriophyllum spicatum), including--
            ``(1) research and development concerning the species, 
        including environmental tolerances and impacts on water 
        quality, fisheries, and other ecosystem components;
            ``(2) the identification and assessment of mechanisms and 
        means of limiting the dissemination of the species to areas not 
        infested as of the date of enactment of this section;
            ``(3) the development of plans and the implementation of 
        programs to prevent the dissemination of the species; and
            ``(4) the provision of technical assistance to regional, 
        State, and local entities to carry out this section.
    ``(b) Report.--Not later than 2 years after the date of enactment 
of this section, the Task Force shall submit to Congress a report that 
describes the implementation of this section and makes recommendations 
regarding additional authorities or support necessary for the control 
of the dissemination of Eurasian Milfoil.''.
            (2) Injurious species.--Section 42(a)(1) of title 18, 
        United States Code, is amended by inserting ``of the Eurasian 
        Milfoil of the species Myriophyllum spicatum;'' before ``of the 
        zebra mussel''.
            (3) Authorization of appropriations.--Section 1301(b) of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4741(b)) is amended--
                    (A) in paragraph (6), by striking ``and'' at the 
                end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) $1,000,000 to carry out section 1210.''.
    (h) Conforming Amendment.--Section 606(c) (33 U.S.C. 1386(c)) is 
amended by striking paragraph (1) and inserting the following new 
paragraph:
            ``(1) a list of projects and activities eligible for 
        assistance pursuant to section 603(c)(1);''.

SEC. 614. LABOR STANDARDS.

    (a) In General.--Section 513 (33 U.S.C. 1372) is amended to read as 
follows:

                           ``labor standards

    ``The Administrator shall take such action as may be necessary to 
ensure that each laborer or mechanic employed by a contractor or 
subcontractor of a project that is financed in whole or in part by a 
grant, loan, loan guarantee, refinancing, or any other form of 
financial assistance provided under this Act (including assistance 
provided by a State from a water pollution revolving loan fund 
established by a State pursuant to title VI) shall be paid wages at 
rates that are not less than the prevailing rates for projects of a 
similar character in the locality of the project that is financed under 
this Act, as determined by the Secretary of Labor in accordance with 
the Act of March 3, 1931 (commonly known as the `Davis-Bacon Act') (40 
U.S.C. 276a et seq.). With respect to the labor standards specified in 
this section, the Secretary of Labor shall have the authority 
established in the Reorganization Plan Numbered 14 of 1950, published 
at 15 Federal Register 3176, and section 2 of the Act of June 13, 1934 
(48 Stat. 948, chapter 482, 40 U.S.C. 276c).''.
    (b) Conforming Amendments.--Section 602(b) (33 U.S.C. 1382(b)) is 
amended--
            (1) in paragraph (6), by striking ``511(c)(1), and 513'' 
        and inserting ``and 511(c)(1)'';
            (2) by striking ``and'' at the end of paragraph (9);
            (3) by striking the period at the end of paragraph (10) and 
        inserting ``; and''; and
            (4) by adding at the end the following new paragraph:
            ``(11) the State will meet the requirements of section 
        513.''.

SEC. 615. CONSULTATION WITH OTHER AGENCIES.

    Section 501 (33 U.S.C. 1361), as amended by section 607(b)(2), is 
further amended by adding at the end the following new subsection:
    ``(f) Consultation with Other Agencies.--Notwithstanding any other 
provision of this Act, the Administrator shall consult with any Federal 
agency having jurisdiction over food processing activities prior to the 
promulgation of any requirements for an effluent guideline, new source 
performance standard, pretreatment standard, process change, or use 
restriction which will affect food processing activities to ensure that 
such effluent guideline, pretreatment standard, process change, or use 
restriction will not adversely affect food safety, or the integrity and 
wholesomeness of a food product. In the event that the Federal agency 
with jurisdiction over food processing activities determines that such 
a requirement proposed for adoption by the Administrator may adversely 
affect food safety or the integrity and wholesomeness of a food 
product, the Administrator shall publish, as a part of any final or 
interim rule, the rationale of the Administrator for not adopting 
changes or modifications proposed by the agency with jurisdiction over 
food processing.''.

SEC. 616. OPERATOR TRAINING AND CERTIFICATION.

    (a) Operator Training.--Section 109 (33 U.S.C. 1259) is amended to 
read as follows:

                          ``operator training

    ``Sec. 109. (a) National Program.--
            ``(1) In general.--The Administrator shall develop and 
        implement a national program to train individuals in the 
        operation of municipal and industrial wastewater treatment 
        works and other facilities with a water pollution control 
        purpose.
            ``(2) Requirements for training program.--The training 
        program developed by the Administrator under this section shall 
        include--
                    ``(A) the preparation of undergraduate students 
                enrolled in institutions of higher education to enter 
                an occupation that involves the design, operation, and 
                maintenance of wastewater treatment works;
                    ``(B) inservice training to improve and advance the 
                knowledge and skills of individuals employed in fields 
                related to the design, operation, and maintenance of 
                wastewater treatment works; and
                    ``(C) preservice training to be provided to high 
                school graduates who are not employed to carry out the 
                operation and maintenance of a wastewater treatment 
                works at the time the training is provided.
    ``(b) Training Program Grants.--
            ``(1) In general.--The Administrator shall make grants to, 
        or offer to enter into contracts with, the appropriate 
        officials of institutions of higher education, or combinations 
        of the institutions, and State agencies to support the 
        development and implementation of wastewater treatment training 
        programs pursuant to this section.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of paragraph (5), the Administrator shall publish 
        guidance that specifies the minimum elements of the wastewater 
        training programs referred to in paragraph (1). The guidance 
        shall indicate the relative emphasis that shall be given to--
                    ``(A) facility design, operation, and maintenance;
                    ``(B) undergraduate, inservice, and preservice 
                training; and
                    ``(C) training for industrial and municipal 
                facilities.
            ``(3) Solicitation of proposals.--Not later than 18 months 
        after the date of enactment of paragraph (5), the Administrator 
        shall solicit proposals from institutions of higher education, 
        or combinations of the institutions, and State agencies to 
        provide training services.
            ``(4) Training grants.--The Administrator shall, to the 
        extent adequate funds are available, award training grants to 
        institutions of higher education, or combinations of the 
        institutions, and State agencies for each fiscal year.
            ``(5) Considerations for awarding grants.--In awarding a 
        training grant under this subsection, the Administrator shall 
        consider--
                    ``(A) the demonstrated capability of the applicant 
                to provide training services;
                    ``(B) the degree to which the proposed program is 
                consistent with the guidance published pursuant to 
                paragraph (2);
                    ``(C) the results of any evaluation conducted 
                pursuant to paragraph (6); and
                    ``(D) the degree to which the geographic area to be 
                served by the program that is the subject of the grant 
                proposal will, in combination with other programs 
                funded pursuant to this section, ensure the reasonable 
                availability of training programs throughout the United 
                States.
            ``(6) Review and evaluation.--The Administrator shall 
        provide for the review and evaluation of each training program 
        that receives funding pursuant to this section not later than 3 
        years after the program initially receives the funding, and 
        every 3 years thereafter.''.
    (b) Operator Certification.--
            (1) In general.--Section 110 (33 U.S.C. 1260) is amended to 
        read as follows:

                        ``operator certification

    ``Sec. 110. (a) In General.--
            ``(1) Certification.--The chief operator of a publicly 
        owned treatment works that has a permit issued pursuant to 
        section 402, and such additional personnel as may be designated 
        by a State, shall be certified as proficient pursuant to this 
        section by the State in accordance with this section.
            ``(2) Effective date.--The requirement referred to in 
        paragraph (1) shall become effective on the date that is 4 
        years after the date of enactment of paragraph (4), unless the 
        State extends the effective date pursuant to paragraph (3).
            ``(3) Extension.--The State may extend the effective date 
        of the requirement referred to in paragraph (1) for a period of 
        not to exceed 3 years on a facility-specific basis if the State 
        determines that, with respect to a facility, adequate 
        opportunity to seek certification did not exist during the 
        period described in paragraph (2).
            ``(4) Certification granted to individual.--Each 
        certification of proficiency issued by the appropriate official 
        of a State under this section shall be granted to the 
        individual that receives the certification and shall not be 
        granted to the treatment works where the individual is 
        employed.
    ``(b) Guidelines.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of subsection (c), the Administrator shall publish 
        guidelines for the certification of operators by a State 
        pursuant to this section that may be used by the States in 
        establishing certification programs under this section.
            ``(2) Requirements for guidelines.--
                    ``(A) In general.--The guidelines described in 
                paragraph (1) shall specify, for a chief operator of a 
                publicly owned treatment works, essential skills and 
                knowledge for the chief operator to carry out the 
                duties of the chief operator in a proficient manner and 
                may include guidance with respect to the frequency of 
                recertification.
                    ``(B) Treatment works operator's manual.--Not later 
                than 1 year after the date of enactment of subsection 
                (c), the Administrator shall publish a treatment works 
                operator's manual that describes essential knowledge 
                and skills of--
                            ``(i) a chief operator; and
                            ``(ii) such additional personnel as the 
                        Administrator determines to be appropriate to 
                        receive operator proficiency certification.
    ``(c) Federal Program.--If a State does not have in effect a permit 
program that has been approved by the Administrator under section 402, 
the Administrator shall carry out an operator certification program for 
the State in a manner that meets the requirements for a program carried 
out by a State under this section.''.
            (2) Enforcement.--Section 309(g)(1)(A) (33 U.S.C. 
        1319(g)(1)(A)) is further amended by inserting ``110(a),'' 
        after ``violated section''.
            (3) Requirements for state permit programs.--Section 402(b) 
        (33 U.S.C. 1342(b)), as amended by section 502(a)(1), is 
        further amended by adding at the end the following new 
        paragraph:
    ``(12) To carry out an operator certification program pursuant to 
section 110.''.
    (c) Scholarships.--
            (1) Relationship to training grant program.--Section 111(3) 
        (33 U.S.C. 1261(3)) is amended by striking subparagraph (C) and 
        inserting the following new subparagraph:
            ``(C) that the institution is participating in, or has 
        participated in, the training grant program under section 
        109(b); and''.
            (2) Representation of minorities and women.--Section 
        111(3)(D) (33 U.S.C. 1261(3)(D)) is amended--
                    (A) by striking ``and'' at the end of clause (i); 
                and
                    (B) by inserting before the period the following: 
                ``, and (iii) the institution will make reasonable 
                efforts to ensure representation of minorities and 
                women in the program''.
    (d) Definitions and Authorizations.--Section 112 (33 U.S.C. 1262) 
is amended--
            (1) in subsection (a)(1), by inserting after the first 
        sentence the following new sentence: ``The term shall include 
        any community college, technical college, or State 
        environmental agency.'';
            (2) by striking subsection (b) and inserting the following 
        new subsection:
    ``(b) Report.--The Administrator shall, not later than 2 years 
after the date of enactment of the Water Pollution Prevention and 
Control Act of 1994, and not less frequently than every 2 years 
thereafter, submit a report to Congress concerning the implementation 
of training, certification, and scholarship programs under sections 
109, 110, and 111.''; and
            (3) in subsection (c)--
                    (A) by striking ``(c) There'' and inserting the 
                following:
    ``(c) Authorizations.--
            ``(1) In general.--There''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Training and scholarships.--There are authorized to 
        be appropriated to the Environmental Protection Agency to carry 
        out sections 109 and 111, $15,000,000 for each of fiscal years 
        1995 through 2000.''.

SEC. 617. LIMITATION ON FUNDING.

    Title V (33 U.S.C. 1361 et seq.), as amended by section 610, is 
further amended--
            (1) by redesignating section 521 as section 522; and
            (2) by inserting after section 520 the following new 
        section:

                        ``limitation on funding

    ``Sec. 521. Nothing in this Act shall authorize providing Federal 
funds to any nongovernmental organization or entity for the purpose of 
identifying violations of section 404 on private lands.''.

SEC. 618. TECHNICAL AMENDMENTS TO SECTION HEADINGS.

    (a) The section heading and subsection designation of subsection 
(a) of section 118 (33 U.S.C. 1268) are amended to read as follows:

                             ``great lakes

    ``Sec. 118. (a)''.
    (b) The section heading and subsection designation of subsection 
(a) of section 320 (33 U.S.C. 1330) are amended to read as follows:

                       ``national estuary program

    ``Sec. 320. (a)''.
    (c) The section heading and subsection designation of subsection 
(a) of section 518 (33 U.S.C. 1377) are amended to read as follows:

                            ``indian tribes

    ``Sec. 518. (a)''.
    (d) The section heading and subsection designation of subsection 
(a) of section 601 (33 U.S.C. 1381) are amended to read as follows:

        ``grants to states for establishment of revolving funds

    ``Sec. 601. (a)''.
    (e) The section heading and subsection designation of subsection 
(a) of section 602 (33 U.S.C. 1382) are amended to read as follows:

                   ``capitalization grant agreements

    ``Sec. 602. (a)''.
    (f) The section heading and subsection designation of subsection 
(a) of section 603 (33 U.S.C. 1383) are amended to read as follows:

             ``water pollution control revolving loan funds

    ``Sec. 603. (a)''.
    (g) The section heading and subsection designation of subsection 
(a) of section 604 (33 U.S.C. 1384) are amended to read as follows:

                          ``allotment of funds

    ``Sec. 604. (a)''.
    (h) The section heading and subsection designation of subsection 
(a) of section 605 (33 U.S.C. 1385) are amended to read as follows:

                          ``corrective action

    ``Sec. 605. (a)''.
    (i) The section heading and subsection designation of subsection 
(a) of section 606 (33 U.S.C. 1386) are amended to read as follows:

       ``audits, reports, and fiscal controls; intended use plan

    ``Sec. 606. (a)''.
    (j)(1) The section heading of section 607 (33 U.S.C. 1387) is 
amended to read as follows:

                   ``authorization of appropriations

    (2) Section 607 is further amended by inserting before ``(a) In 
General'' the following: ``Sec. 607.''.

                          TITLE VII--WETLANDS

SEC. 701. DECLARATION OF POLICIES AND GOALS.

    (a) No Net Loss of Wetlands.--Section 101(a) (33 U.S.C. 1251(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(8) it is the national policy to achieve, through 
        regulatory and nonregulatory strategies involving all levels of 
        government--
                    ``(A) the conservation and restoration of wetlands 
                to increase the quality and quantity of the wetlands 
                resource base of the United States; and
                    ``(B) no overall net loss of the remaining wetlands 
                resource base of the United States.''.
    (b) Protection of Private Property.--Section 404 (33 U.S.C. 1344) 
is amended by adding at the end the following new subsection:
    ``(u) Protection of Private Property.--In carrying out this Act, 
the Administrator and the Secretary of the Army shall not take private 
property for public use, without just compensation.''.

SEC. 702. DEFINITION AND DELINEATION OF WETLANDS.

    (a) Definitions.--Section 502 (33 U.S.C. 1362), as amended by 
section 605(c), is further amended--
            (1) in paragraph (7), by inserting ``, and including 
        wetlands'' before the period; and
            (2) by adding at the end the following new paragraph:
            ``(22) Wetlands.--The term `wetlands' means those areas 
        that are inundated or saturated by surface or ground water at a 
        frequency and duration sufficient to support, and that under 
        normal circumstances do support, a prevalence of vegetation 
        typically adapted for life in saturated soil conditions. The 
        term generally includes swamps, marshes, bogs, fens, potholes, 
        playa lakes, vernal pools, and similar areas.''.
    (b) Delineation of Wetlands.--
            (1) Revisions to delineation procedures.--
                    (A) In general.--After the date of enactment of 
                this Act, no revisions to or clarifications of the 
                guidelines for identifying and delineating wetlands 
                areas under section 404(a) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344(a)) shall be 
                issued until the National Academy of Sciences has 
                completed the study of wetlands authorized by the 
                Departments of Veterans Affairs and Housing and Urban 
                Development, and Independent Agencies Appropriations 
                Act, 1993 (Public Law 102-389).
                    (B) Revisions.--On completion of the study required 
                under subparagraph (A), the Administrator of the 
                Environmental Protection Agency shall review the 
                results of the study to determine whether any revisions 
                to the guidelines referred to in subparagraph (A) are 
                necessary. Any revision to the guidelines shall be made 
                in accordance with section 404(a)(2) of such Act (as 
                added by paragraph (3)(C)).
            (2) Continued use of 1987 manual.--
                    (A) In general.--Until the guidelines for 
                identifying and delineating wetlands areas are issued 
                pursuant to section 404(a) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344(a)), the 
                Secretary of the Army, acting through the Chief of 
                Engineers, and the Administrator of the Environmental 
                Protection Agency shall use the Corps of Engineers 
                Wetlands Delineation Manual issued in January 1987 
                (Technical Report Y-87-1) and implementing guidelines 
                to identify and delineate the wetlands areas.
                    (B) Agricultural lands.--
                            (i) In general.--Wetlands located on 
                        agricultural lands and associated non-
                        agricultural lands shall be delineated by the 
                        Secretary of Agriculture in accordance with the 
                        memorandum of agreement dated January 6, 1994, 
                        concerning the delineation of wetlands for the 
                        purposes of section 404 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1344) and 
                        subtitle C of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3821 et seq.) entered 
                        into by the Secretary of Agriculture, the 
                        Administrator of the Environmental Protection 
                        Agency, the Secretary of the Interior, and the 
                        Secretary of the Army.
                            (ii) Rangelands.--The Secretary of 
                        Agriculture, in coordination with the Secretary 
                        of the Army or the Administrator of the 
                        Environmental Protection Agency, as 
                        appropriate, and in consultation with the 
                        Secretary of the Interior, shall delineate 
                        wetlands on rangelands. In delineating wetlands 
                        on rangelands, the Secretary of Agriculture 
                        shall use the guidelines issued under section 
                        404(a)(2) of the Federal Water Pollution 
                        Control Act (33 U.S.C. 1344(a)(2)). Until the 
                        guidelines are issued, the Secretary of 
                        Agriculture shall use the Corps of Engineers 
                        Wetlands Delineation Manual issued in January 
                        1987 (Technical Report Y-87-1) and implementing 
                        guidelines to delineate wetlands on rangelands.
            (3) Delineation guidelines; issuance of permits.--Section 
        404(a) (33 U.S.C. 1344(a)) is amended--
                    (A) by striking ``(a) The Secretary'' and inserting 
                the following:
    ``(a) In General.--
            ``(1) Issuance of permits.--The Secretary'';
                    (B) by adding at the end of paragraph (1) (as so 
                designated) the following new sentence: ``The Secretary 
                shall request from the applicant any additional 
                information to complete the application not later than 
                60 days after the Secretary receives the 
                application.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Wetlands delineation guidelines.--The Administrator, 
        in consultation with the Secretary, the Secretary of 
        Agriculture, and the Secretary of the Interior, after field 
        testing and notice and opportunity for public review and 
        comment, may issue guidelines to identify and delineate 
        wetlands areas. The guidelines shall--
                    ``(A) be developed in consultation with the States;
                    ``(B) be based on the best available scientific 
                information, including the results of the National 
                Academy of Sciences study of wetlands authorized by the 
                Departments of Veterans Affairs and Housing and Urban 
                Development, and Independent Agencies Appropriations 
                Act, 1993 (Public Law 102-389); and
                    ``(C) take into account regional variations in 
                hydrology, soils, and vegetation.''.
            (4) Delineation training and outreach.--
                    (A) Training of wetlands delineators.--
                            (i) In general.--The Secretary of the Army, 
                        in cooperation with the Administrator of the 
                        Environmental Protection Agency, the Secretary 
                        of Agriculture, and the Secretary of the 
                        Interior, shall offer training to Federal 
                        employees engaged in the identification and 
                        delineation of wetlands pursuant to section 
                        404(a) of the Federal Water Pollution Control 
                        Act and subtitle C of title XII of the Food 
                        Security Act of 1985 (16 U.S.C. 3821 et seq.). 
                        The training shall also be offered, to the 
                        extent practicable, to employees of State and 
                        local governments and private consultants 
                        engaged in the identification and delineation 
                        of wetlands.
                            (ii) Requirement for federal employees.--
                        All Federal employees engaged in the 
                        delineation of wetlands shall be trained 
                        pursuant to this paragraph not later than 
                        December 31, 1996. After December 31, 1996, any 
                        Federal employee shall be trained pursuant to 
                        this paragraph before delineating wetlands.
                    (B) Funding for training program.--Of the amounts 
                made available by appropriations for each fiscal year 
                beginning after the date of enactment of this Act for 
                administration of section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344) by the Corps of 
                Engineers, the Secretary of the Army, in cooperation 
                with the Administrator, shall use such amounts as are 
                practicable to carry out the program of the Corps of 
                Engineers for--
                            (i) interagency wetlands delineation 
                        training; and
                            (ii) training of Federal employees and 
                        other individuals as wetlands delineators 
                        authorized by section 307(e) of the Water 
                        Resources Development Act of 1990 (33 U.S.C. 
                        2317(e)).
            (5) Assisting small landowners with wetlands delineation.--
                    (A) In general.--Of amounts made available by 
                appropriations for each fiscal year beginning after the 
                date of enactment of this Act for administration of 
                section 404 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1344), the Secretary of the Army, acting 
                through the Chief of Engineers, and the Administrator 
                of the Environmental Protection Agency shall use such 
                amounts as are necessary, but not to exceed a combined 
                total of $5,000,000, to assist private landowners who 
                lack the financial capacity to identify or delineate 
                wetlands in order to apply for permits under such 
                section or to avoid impacts to wetlands.
                    (B) Form of assistance.--The assistance under 
                subparagraph (A) shall be provided in cooperation with 
                the Director of the United States Fish and Wildlife 
                Service and the Chief of the Soil Conservation Service 
                and shall include--
                            (i) to the maximum extent practicable, the 
                        delineation of wetlands boundaries not later 
                        than 90 days after receipt of a request for the 
                        delineation; and
                            (ii) technical assistance to owners of 
                        wetlands in the preparation of wetlands 
                        management plans for the lands of the owners to 
                        protect and restore wetlands and meet other 
                        goals of the Federal Water Pollution Control 
                        Act (33 U.S.C. 1251 et seq.), including the 
                        protection and propagation of fish, shellfish, 
                        and wildlife, the control of nonpoint and point 
                        sources of pollution, the prevention and 
                        reduction of erosion, and the protection of 
                        streams, estuaries, and lakes.
                    (C) Regulations.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary and the 
                Administrator of the Environmental Protection Agency, 
                in cooperation with the Secretary of the Interior and 
                the Secretary of Agriculture, shall issue regulations 
                defining the scope of technical assistance and which 
                landowners are eligible for assistance under this 
                paragraph.
            (6) Education and information.--The Secretary of the Army, 
        acting through the Chief of Engineers, and the Administrator of 
        the Environmental Protection Agency shall, in cooperation with 
        the Coordinating Committee established under section 324 of the 
        Federal Water Pollution Control Act (as added by section 
        710(b)), prepare, update on a biennial basis, and make 
        available to the public for purchase at cost--
                    (A) an indexed publication containing all Federal 
                regulations, general permits, and regulatory guidance 
                letters relevant to the permitting of activities 
                pursuant to section 404 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1344); and
                    (B) information to enable the general public to 
                understand the delineation of wetlands, the permitting 
                requirements referred to in subparagraph (A), wetlands 
                restoration, wetlands functions and values, available 
                nonregulatory programs to conserve wetlands, and other 
                matters that the Secretary of the Army and the 
                Administrator of the Environmental Protection Agency 
                consider relevant.
            (7) Federal register publication.--The Secretary of the 
        Army and the Administrator of the Environmental Protection 
        Agency shall publish in the Federal Register all memoranda of 
        agreement and regulatory guidance letters relevant to the 
        permitting of activities pursuant to section 404 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1344).

SEC. 703. REGULATION OF ACTIVITIES.

    (a) Definitions.--
            (1) In general.--Subsection (d) of section 404 (33 U.S.C. 
        1344(d)) is amended to read as follows:
    ``(d) Definitions.--As used in this section:
            ``(1) Fill material.--The term `fill material' means any 
        material that replaces portions of navigable water with dry 
        land or that changes the bottom elevation or configuration of a 
        water body for any purpose.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of the Army, acting through the Chief of Engineers.''.
            (2) Pollutant.--Section 502(6) (33 U.S.C. 1362(6)) is 
        amended by inserting ``fill material, dirt,'' after ``dredged 
        spoil,''.
    (b) Discharge of Dredged or Fill Material Defined.--Section 404(d) 
(33 U.S.C. 1344(d)), as amended by subsection (a), is further amended 
by adding at the end the following new paragraph:
            ``(3) Discharge of dredged or fill material.--The term 
        `discharge of dredged or fill material' means any addition of 
        dredged or fill material into navigable waters and includes, 
        without limitation, any addition or redeposit of dredged 
        materials, including excavated materials, into the navigable 
        waters that is incidental to any activity, including draining, 
        mechanized land clearing, ditching, channelization, or other 
        excavation that has or would have the effect of destroying or 
        degrading any area of navigable waters.''.

SEC. 704. PERMIT PROCESSING IMPROVEMENTS.

    (a) Permit Decision Deadlines.--Section 404(a) (33 U.S.C. 1344(a)), 
as amended by section 702(b)(3)(C), is further amended by adding at the 
end the following new paragraphs:
            ``(3) Date of decision by secretary.--Except as provided in 
        paragraph (4), the Secretary shall make a decision with respect 
        to an application for a permit submitted under paragraph (1) 
        not later than 90 days after the date the notice of the 
        application is published under paragraph (1).
            ``(4) Extension.--The decision of the Secretary with 
        respect to an application for a permit under paragraph (1) may 
        be made after the date specified in paragraph (3), only if--
                    ``(A) with respect to issuance of the permit, the 
                Secretary is required under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) to issue an 
                environmental impact statement, in which case the 
                decision shall be made not later than 30 days after the 
                date on which the requirements of such Act are met;
                    ``(B) the permit application involves an activity 
                that may affect any species that is listed or proposed 
                for listing or any critical habitat that is designated 
                or proposed for designation under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.), in which 
                case the decision shall be made not later than 30 days 
                after the date on which the requirements of such Act 
                are met, as determined by the Secretary of the Interior 
                or the Secretary of Commerce, whomever is appropriate;
                    ``(C) the Administrator, the Secretary of 
                Agriculture, the Secretary of the Interior, the 
                Secretary of Commerce, or the Secretary of 
                Transportation, the head of any other appropriate 
                Federal agency, or the Governor of the State in which 
                the activity occurs requests that the decision be made 
                after the date specified in paragraph (3), in which 
                case the decision shall be made not later than 150 days 
                after the application is published under paragraph (1);
                    ``(D) the Secretary and the applicant for the 
                permit determine that additional time is needed to 
                evaluate the application; or
                    ``(E) the decision is precluded as a matter of law 
                or procedures required by law.
            ``(5) Consequences of failure by the secretary to make a 
        decision.--If the Secretary fails to make a decision by the 
        date specified in paragraph (3) or, in an area subject to an 
        approved wetlands and watershed management plan, by the date 
        specified in section 323(d)(2), the applicant for the permit 
        may--
                    ``(A) treat the lack of a decision as a denial of 
                the permit and appeal the denial pursuant to paragraph 
                (6); or
                    ``(B) pursue any other remedy authorized by law.''.
    (b) Deadlines on Prohibition or Restriction of Activities by 
Administrator.--Section 404(c) (33 U.S.C. 1344(c)) is amended by adding 
at the end the following new sentence: ``The Administrator shall make 
any determination under this subsection to prohibit or restrict any 
discharge into navigable waters resulting from an activity for which a 
permit may be issued under subsection (a) not later than 180 days after 
the date of decision with respect to an application for a permit under 
subsection (a).''.
    (c) Administrative Appeal of Permit Decisions.--Section 404(a) (33 
U.S.C. 1344(a)), as amended by subsection (a), is further amended by 
adding at the end the following new paragraph:
            ``(6) Regulations.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this paragraph, the Secretary 
                shall, in consultation with the Administrator and the 
                Secretary of the Interior and after providing notice 
                and an opportunity for public comment, issue 
                regulations establishing procedures pursuant to which--
                            ``(i) a landowner may appeal a 
                        determination of regulatory jurisdiction under 
                        this section with respect to a parcel of 
                        property;
                            ``(ii) a landowner or any other person 
                        against whom an administrative penalty has been 
                        imposed pursuant to this section may appeal the 
                        imposition or the amount of the penalty; and
                            ``(iii) an applicant for a permit submitted 
                        under paragraph (1) or any other person who 
                        participated in a public comment process 
                        concerning the application for the permit and 
                        commented on the issue that is the subject of 
                        the appeal, unless the issue raised is based on 
                        new information or a condition unknown at the 
                        time of the public comment of the party 
                        appealing the decision, may appeal a decision 
                        made pursuant to this section to grant, deny, 
                        or condition the permit.
                    ``(B) Filing and decision deadlines.--An appeal 
                brought pursuant to this paragraph shall be filed not 
                later than 30 days after the date on which the decision 
                or action on which the appeal is based occurs. An 
                appeal shall be decided not later than 90 days after 
                the date on which the appeal was filed.
                    ``(C) Official deciding appeal.--An appeal brought 
                pursuant to this paragraph shall, to the extent 
                allowable by law, be heard and decided by an 
                appropriate and impartial official of the Federal 
                Government, other than the official who made the 
                determination or carried out the action that is the 
                subject of the appeal.
                    ``(D) Payment or mitigation after appeal.--A 
                landowner who has filed an appeal under subparagraph 
                (B) shall not be required to pay a penalty or perform 
                mitigation or restoration assessed under this section 
                or section 309 until after the appeal has been decided 
                by the Secretary.''.

SEC. 705. GENERAL PERMIT IMPROVEMENTS.

    Subsection (e) of section 404 (33 U.S.C. 1344(e)) is amended to 
read as follows:
    ``(e) General Permits.--
            ``(1) In general.--In carrying out the functions of the 
        Secretary under this section relating to the discharge of 
        dredged or fill material, the Secretary may, after notice and 
        opportunity for a public hearing, issue general permits.
            ``(2) Categories of activities.--The general permits may be 
        issued on a State, regional, or nationwide basis for any 
        category of activities involving discharges of dredged or fill 
        material if the Secretary determines that the activities in the 
        category--
                    ``(A) are similar in nature and will cause only 
                minimal adverse environmental effects when performed 
                separately; and
                    ``(B) will have only a minimal cumulative adverse 
                effect on the environment.
            ``(3) State programs.--A general permit may be issued by 
        the Secretary for a then existing State regulatory program to 
        avoid unnecessary duplication of requirements by Federal and 
        State programs if the general permit--
                    ``(A) requires that the State regulatory program 
                has jurisdiction over the activities and waters within 
                the scope of the general permit;
                    ``(B) provides adequate safeguards to ensure that 
                the State regulatory program will have no more than 
                minimal cumulative impacts on the environment and will 
                provide at least the same degree of protection for the 
                navigable waters as the protection provided by this 
                section;
                    ``(C) provides at least the same opportunity for 
                public review, comment, and hearings as the opportunity 
                provided by this section; and
                    ``(D) includes provisions to provide an opportunity 
                for the Secretary, in cooperation with the 
                Administrator, the Secretary of the Interior (acting 
                through the Director of the United States Fish and 
                Wildlife Service), and the Secretary of Commerce 
                (acting through the Administrator of the National 
                Oceanic and Atmospheric Administration) to review 
                proposed permit decisions of the State regulatory 
                agency to ensure that the requirements of this 
                subsection are met, which provisions shall--
                            ``(i) specify appropriate levels of Federal 
                        review for particular types of permit decisions 
                        of the State to ensure, to the maximum extent 
                        practicable, that the review is directed 
                        primarily at permits that may have more than 
                        minimal adverse impacts on the environment; and
                            ``(ii) specify that, in the case of any 
                        permit decision of the State that will have 
                        more than minimal adverse impacts on the 
                        environment, the Secretary may determine 
                        whether to issue the permit pursuant to 
                        subsection (a).
            ``(4) Consistency with swampbuster.--A general permit may 
        be issued for discharges of dredged or fill material associated 
        with activities found by the Secretary of Agriculture, in 
        consultation with the Secretary of the Interior acting through 
        the Director of the United States Fish and Wildlife Service, to 
        be exempted from the ineligibility provisions of section 1221 
        of the Food Security Act of 1985 (16 U.S.C. 3821) pursuant to 
        subsections (f) and (h) of section 1222 of such Act (16 U.S.C. 
        3822) if the general permit--
                    ``(A) provides adequate safeguards to ensure that 
                the activities exempted will have no more than minimal 
                individual and cumulative impacts on the environment; 
                and
                    ``(B) includes provisions to provide an opportunity 
                for the Secretary and the Administrator to review 
                determinations by the Secretary of Agriculture to 
                ensure that the terms and conditions of the general 
                permit and the requirements of this subsection are met.
            ``(5) Requirements applicable to general permits.--
                    ``(A) Period; revocation or modification.--No 
                general permit issued under this subsection shall be 
                for a period of more than 5 years after the date of 
                issuance of the permit. The general permit shall be 
                revoked or modified by the Secretary if, after 
                providing notice and opportunity to request a public 
                hearing, the Secretary determines that--
                            ``(i) the activities authorized by the 
                        general permit--
                                    ``(I) have more than a minimal 
                                adverse impact on the environment 
                                (individually or cumulatively); or
                                    ``(II) are more appropriately 
                                authorized by individual permits; or
                            ``(ii) a State has failed to adequately 
                        monitor and control the individual and 
                        cumulative adverse effects of activities 
                        authorized by a State program general permit 
                        issued under paragraph (3).
                    ``(B) Requirements.--Each general permit issued 
                under this subsection shall--
                            ``(i) be based on the guidelines developed 
                        pursuant to subsection (b)(1); and
                            ``(ii) set forth requirements and standards 
                        that shall apply to any activity authorized by 
                        the permit, including specific enforceable 
                        requirements and standards for the mitigation 
                        of adverse impacts to wetlands and other 
                        navigable waters.''.

SEC. 706. COORDINATION AND CLARIFICATION OF PROGRAM CONCERNING 
              AGRICULTURAL ACTIVITIES.

    (a) Coordination With Agricultural Programs.--Section 404(q) (33 
U.S.C. 1344(q)) is amended--
            (1) by striking ``(q) Not'' and inserting the following:
    ``(q) Agreements.--
            ``(1) In general.--Not''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Technical determinations.--In making technical 
        determinations concerning waters of the United States located 
        on agricultural lands, including the delineation of prior 
        converted croplands, the Secretary, the Administrator, the 
        Secretary of the Interior, and the Secretary of Agriculture 
        shall--
                    ``(A) use consistent criteria and procedures, in 
                accordance with the memorandum of agreement dated 
                January 6, 1994, concerning the delineation of wetlands 
                for the purposes of this section and subtitle C of 
                title XII of the Food Security Act of 1985 (16 U.S.C. 
                3821 et seq.) entered into by the Secretary of 
                Agriculture, the Administrator of the Environmental 
                Protection Agency, the Secretary of the Interior, and 
                the Secretary of the Army; and
                    ``(B) provide information and education to the 
                public concerning the criteria and procedures referred 
                to in subparagraph (A).''.
    (b) Exemption for Prior Converted Cropland.--Section 404(f) (33 
U.S.C. 1344(f)) is amended by adding at the end the following new 
paragraph:
            ``(3) Prior converted cropland.--
                    ``(A) In general.--An area determined (in 
                accordance with the memorandum described in 
                subparagraph (B)) to be prior converted cropland and 
                that no longer meets the definition of `wetland' under 
                section 1201(a)(16) of the Food Security Act of 1985 
                (16 U.S.C. 3801(16)) shall not be considered to be 
                navigable waters.
                    ``(B) Memorandum.--The memorandum described in this 
                subparagraph is the memorandum of agreement dated 
                January 6, 1994, concerning the delineation of wetlands 
                for the purposes of this section and subtitle C of 
                title XII of the Food Security Act of 1985 (16 U.S.C. 
                3821 et seq.) entered into by the Secretary of 
                Agriculture, the Administrator of the Environmental 
                Protection Agency, the Secretary of the Interior, and 
                the Secretary of the Army.''.
    (c) Other Exempt Waters and Areas.--Section 404(f) (33 U.S.C. 
1344(f)), as amended by subsection (b), is further amended by adding at 
the end the following new paragraph:
            ``(4) Exclusion from navigable waters.--For purposes of 
        this section, the following shall not be considered to be 
        navigable waters:
                    ``(A) Nontidal drainage and irrigation ditches 
                excavated in uplands.
                    ``(B) Artificially irrigated areas that would 
                revert to uplands if the irrigation ceased.
                    ``(C) Artificial lakes or ponds created by 
                excavating or diking uplands to collect and retain 
                water, and that are used primarily for stock watering, 
                irrigation, settling ponds, fire control, or rice 
                growing.
                    ``(D) Artificial reflecting or swimming pools or 
                other small ornamental bodies of water created by 
                excavating or diking uplands to retain water for 
                primarily aesthetic reasons.
                    ``(E) Water-filled depressions created in uplands 
                incidental to construction activity and pits excavated 
                in uplands for the purpose of obtaining fill, sand, or 
                gravel, unless and until the construction or excavation 
                operation is abandoned and the resulting body of water 
                meets the definition of navigable waters under section 
                502(7).
                    ``(F) Artificial stormwater detention areas and 
                artificial sewage treatment areas that are not 
                modifications of navigable waters.''.
    (d) Exempted Activities.--Section 404(f) (33 U.S.C. 1344(f)) is 
amended--
            (1) by striking ``(f)(1) Except as provided'' and inserting 
        the following:
    ``(f) Exempt Activities.--
            ``(1) In general.--Except as provided''; and
            (2) in paragraph (1), by striking subparagraph (A) and all 
        that follows through the end of the paragraph and inserting the 
        following:
                    ``(A) from normal farming, silviculture, and 
                ranching activities, such as haying, grazing, plowing, 
                seeding, cultivating, minor drainage, harvesting for 
                the production of food, fiber, and forest products, or 
                upland soil and water conservation practices;
                    ``(B) for the purpose of the maintenance, including 
                emergency reconstruction of recently damaged parts, of 
                currently serviceable structures such as dikes, dams, 
                levees, groins, riprap, breakwaters, causeways, bridge 
                abutments or approaches, and transportation structures;
                    ``(C) for the purpose of the construction or 
                maintenance of farm or stock ponds or irrigation 
                ditches, or the maintenance of drainage ditches;
                    ``(D) for the purpose of the construction of 
                temporary sedimentation basins on a construction site 
                that does not involve a discharge of fill material into 
                navigable waters;
                    ``(E) for the purpose of the construction or 
                maintenance of farm roads or forest roads, or temporary 
                roads for moving mining equipment, if the roads are 
                constructed and maintained, in accordance with best 
                management practices, to ensure that--
                            ``(i) flow and circulation patterns and 
                        chemical and biological characteristics of the 
                        navigable waters are not impaired;
                            ``(ii) the reach of the navigable waters is 
                        not reduced; and
                            ``(iii) any adverse effect on the aquatic 
                        environment will otherwise be minimized; or
                    ``(F) resulting from any activity with respect to 
                which a State has a program approved by the 
                Administrator under section 208(b)(4) that meets the 
                requirements of subparagraphs (B) and (C) of such 
                section,
        shall not be prohibited by, or otherwise subject to, regulation 
        under this section or section 301(a) or 402 (except for 
        effluent standards or prohibitions under section 307).''.
    (e) Cooperation With Secretary of Agriculture.--Section 404(f) (33 
U.S.C. 1344(f)), as amended by subsection (c), is further amended by 
adding at the end the following new paragraph:
            ``(5) Coordination of efforts.--In carrying out this 
        subsection with respect to agricultural exemptions, the 
        Secretary and the Administrator shall coordinate efforts with 
        the Secretary of Agriculture.''.

SEC. 707. MITIGATION BANKS.

    Section 404 (33 U.S.C. 1344), as amended by section 701(b), is 
further amended by adding at the end the following new subsection:
    ``(v) Mitigation Banks.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this subsection, after providing 
                notice and opportunity for public review and comment, 
                the Secretary and the Administrator shall jointly issue 
                regulations for the establishment, use, maintenance, 
                and oversight of mitigation banks. The regulations 
                shall be developed in consultation with the Secretary 
                of the Interior, acting through the Director of the 
                United States Fish and Wildlife Service and the 
                Secretary of Commerce, acting through the Administrator 
                of the National Oceanic and Atmospheric Administration.
                    ``(B) Provisions and requirements.--The regulations 
                issued pursuant to subparagraph (A) shall ensure that 
                mitigation banks--
                            ``(i) comply with the guidelines 
                        established under subsection (b)(1);
                            ``(ii) to the extent practicable and 
                        environmentally desirable, provide in-kind 
                        replacement of lost wetlands functions and be 
                        located in, or in proximity to, the same 
                        watershed as impacted wetlands;
                            ``(iii) provide for the long-term security 
                        of ownership interests of wetlands and uplands 
                        on which projects are conducted to protect the 
                        wetlands values associated with the mitigation 
                        banks;
                            ``(iv) employ consistent and scientifically 
                        sound methods to determine debits by evaluating 
                        wetlands functions, project impacts, and 
                        duration of the impacts at the sites of 
                        proposed permits for discharges of dredged or 
                        fill material pursuant to this section, and to 
                        determine credits based on wetlands functions, 
                        values, and acreages at the sites of mitigation 
                        banks;
                            ``(v) base fee charges for participation in 
                        each mitigation bank that reflect the full 
                        costs of replacing lost wetlands functions and 
                        acreage, including the costs of land 
                        acquisition, wetlands establishment, management 
                        measures, long-term maintenance, monitoring, 
                        and protection, potential remediation of 
                        project failure, and other relevant factors;
                            ``(vi) specify responsibilities for long-
                        term monitoring, maintenance, and protection; 
                        and
                            ``(vii) provide opportunity for public 
                        notice of, and comment on, proposals for 
                        mitigation banks.
            ``(2) Mitigation bank defined.--As used in this subsection, 
        the term `mitigation bank' means a wetlands restoration project 
        undertaken by 1 or more parties, including a private or public 
        entity, expressly for the purpose of providing, in advance, 
        mitigation compensation credits to fully offset reasonably 
        foreseeable wetlands losses from future discharges of dredged 
        or fill material into the navigable waters, if compensatory 
        mitigation at the project site is not practicable or 
        environmentally desirable.''.

SEC. 708. GRANT AUTHORITY FOR RESEARCH, INVESTIGATION, AND TRAINING.

    Section 104 (33 U.S.C. 1254), as amended by section 608(a), is 
further amended by adding at the end the following new subsection:
    ``(w) Grants for Research, Investigation, and Training.--The 
Secretary of the Army, acting through the Chief of Engineers, is 
authorized to make grants to and enter into cooperative agreements with 
State agencies, interstate agencies, other public or nonprofit 
agencies, institutions, organizations, and individuals for the purposes 
described in subsection (a)(1).''.

SEC. 709. REPORTS AND ANALYSIS.

    (a) Effects of Program on Wetlands.--Section 404(a) (33 U.S.C. 
1344(a)), as amended by section 704(c), is further amended by adding at 
the end the following new paragraph:
            ``(7) Information.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this paragraph, and at least every 
                5 years thereafter, the Secretary, the Administrator, 
                and each State that has a permit program approved by 
                the Administrator under subsection (h)(2) shall collect 
                and make available to Congress and the public 
                information regarding the effects on navigable waters 
                of activities conducted under permits (including 
                general permits) issued pursuant to this section, 
                including--
                            ``(i) the number of permit applications 
                        that were granted, withdrawn, or denied;
                            ``(ii) estimates of the total acreage, 
                        prior to any mitigation, of navigable waters 
                        affected adversely by issuance of individual 
                        permits;
                            ``(iii) estimates of the acreage of 
                        navigable waters affected by each general 
                        permit, in order to determine whether the 
                        individual and cumulative adverse environmental 
                        effects of activities authorized by each 
                        general permit are minimal; and
                            ``(iv) estimates of the acreage of 
                        navigable waters preserved, created, enhanced, 
                        and restored through mitigation of permitted 
                        activities and the rate of compliance with such 
                        mitigation requirements.
                    ``(B) Monitoring.--For purposes of preparing 
                reports under this paragraph, the Secretary, the 
                Administrator, the Secretary of Commerce, and the 
                Secretary of the Interior shall jointly monitor the 
                achievement of the policy stated in section 101(a)(8) 
                under permits issued under this section.
                    ``(C) Information.--To assist the Secretary and the 
                Administrator in the preparation of the reports 
                required under this paragraph and in monitoring the 
                impacts of general permits, the appropriate official of 
                each State entity that has in effect a regulatory 
                program that is authorized by a general permit issued 
                pursuant to subsection (e)(3) shall, not later than 180 
                days before the issuance of the reports required under 
                this paragraph, submit to the Secretary and the 
                Administrator information concerning the effects of the 
                activities conducted under the general permit within 
                the jurisdiction of the entity, including estimates 
                of--
                            ``(i) the number and type of activities 
                        authorized under the general permit;
                            ``(ii) the acreage of navigable waters 
                        affected by the general permit; and
                            ``(iii) the acreage of navigable waters 
                        preserved or restored through the mitigation of 
                        activities conducted under the general permit 
                        and the rate of compliance with the mitigation 
                        requirements.''.
    (b) Needs Analysis.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to Congress an analysis of the needs of the 
        Department of the Army, the Environmental Protection Agency, 
        the Soil Conservation Service, the United States Fish and 
        Wildlife Service, and the National Marine Fisheries Service for 
        additional personnel, administrative resources, and funding 
        to--
                    (A) improve implementation of section 404 of the 
                Federal Water Pollution Control Act (33 U.S.C. 1344); 
                and
                    (B) carry out this Act and the amendments made by 
                this Act.
            (2) Contents.--The needs analysis submitted by the 
        Comptroller General of the United States under this subsection 
        shall--
                    (A) give particular emphasis to the needs of the 
                agencies identified in paragraph (1) with respect to 
                improving and expediting wetlands delineation and the 
                issuance of permits under section 404 of such Act 
                (including advance planning and early consultation);
                    (B) include specific recommendations regarding 
                additional appropriations and staffing necessary to 
                carry out subparagraph (A); and
                    (C) include specific recommendations concerning the 
                allocation of additional appropriations and staffing to 
                the regional, district, and field offices of the 
                agencies identified in paragraph (1).

SEC. 710. WETLANDS CONSERVATION, MANAGEMENT, AND RESTORATION.

    (a) Funding for State Wetlands Conservation Plans.--Section 
104(a)(2)(G) (33 U.S.C. 1254(a)(2)(G)), as amended by section 601(a), 
is further amended by inserting before the semicolon at the end the 
following: ``and for the development and implementation of State 
wetlands conservation plans under section 322''.
    (b) Wetlands Conservation, Management, and Restoration.--Title III 
(33 U.S.C. 1311 et seq.), as amended by section 303(b), is further 
amended by adding at the end the following new sections:

                  ``state wetlands conservation plans

    ``Sec. 322. (a) Development and Implementation Assistance.--Subject 
to the requirements established by the Administrator and this section, 
the Administrator is authorized to make grants to States to assist in 
the development and implementation of State wetlands conservation 
plans.
    ``(b) Contents of Plans.--To qualify for assistance under 
subsection (a), a State wetlands conservation plan shall generally 
include--
            ``(1) management strategies and policies for achieving 
        within the State the goals established under section 101(a)(8);
            ``(2) an inventory of wetlands resources in the State;
            ``(3) a description of the major causes of wetlands loss 
        and degradation in the State, including an estimate of 
        historical wetlands losses;
            ``(4) a description of Federal, State, and local government 
        programs applying to wetlands resources in the State;
            ``(5) an identification of sites in the State with wetlands 
        restoration potential;
            ``(6) an identification of riparian areas in the State with 
        restoration potential;
            ``(7) a schedule for implementing the elements of the plan;
            ``(8) mechanisms for implementing and for monitoring the 
        achievement of the stated goals of the plan;
            ``(9) measures to assist in the development of wetlands and 
        watershed management plans under section 323; and
            ``(10) the involvement of local public and private agencies 
        and organizations that have expertise in wetlands conservation 
        or land use planning or development.

               ``wetlands and watershed management plans

    ``Sec. 323. (a) Designation and Approval of Management Units and 
Entities.--
            ``(1) In general.--The Governor of a State may at any time 
        designate wetlands and associated land areas within the State 
        as a wetlands and watershed management unit. A wetlands and 
        watershed management unit designated pursuant to this paragraph 
        shall, to the extent practicable, be consistent with watershed 
        management units designated pursuant to section 321.
            ``(2) Unit boundaries.--
                    ``(A) In general.--The boundaries of each wetlands 
                and watershed management unit shall--
                            ``(i) be identified on a map;
                            ``(ii) be based on the best available 
                        scientific information; and
                            ``(iii) to the extent practicable, 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.
                    ``(B) Boundaries.--The boundaries of each wetlands 
                and watershed management unit shall, to the extent 
                practicable, be consistent with the boundaries of 
                watershed management units designated pursuant to 
                section 321.
            ``(3) Management entity.--The Governor of a State shall 
        determine the entity responsible for developing and 
        implementing a plan for each wetlands and watershed management 
        unit designated under this section. The management entity may 
        be an agency of State government, a local government agency, a 
        substate or interstate regional planning organization, a 
        conservation district or other natural resource management 
        district, or any other public or nonprofit entity that has 
        adequate powers to carry out the responsibilities authorized by 
        this section. The management entity for each wetlands and 
        watershed management unit shall, to the extent practicable, be 
        the entity designated pursuant to section 321 to manage the 
        watershed management unit.
            ``(4) Approval.--Each designation of a wetlands and 
        watershed management unit and a corresponding management entity 
        under this subsection shall be submitted to the Administrator 
        and the Secretary of the Army, acting through the Chief of 
        Engineers (referred to in this section as the `Secretary'), for 
        approval. The Administrator and the Secretary shall approve the 
        designation of a management unit and entity not later than 180 
        days after the date of submittal, if the designation meets the 
        requirements of this section. If the Administrator and the 
        Secretary disapprove the designation, the Administrator and the 
        Secretary shall notify the State in writing of the reasons for 
        the disapproval. The State may resubmit a revised designation 
        to meet the objections of the Administrator and the Secretary.
    ``(b) Development and Approval of a Wetlands and Watershed 
Management Plan.--
            ``(1) Plan development.--An approved management entity 
        shall be eligible to receive funding pursuant to section 
        106(h), 205(j), 319(e), or 604(b) (or any combination thereof) 
        for the following activities in the development of a wetlands 
        and watershed management plan:
                    ``(A) An inventory and mapping of--
                            ``(i) all navigable waters within the 
                        proposed wetlands and watershed management 
                        unit; and
                            ``(ii) potential wetlands restoration 
                        sites.
                    ``(B) An assessment of the functions and relative 
                value of wetlands within the wetlands and watershed 
                management unit.
                    ``(C) The categorization of activities according to 
                the degree to which the activities have an adverse 
                effect on navigable waters within the wetlands and 
                watershed management unit.
                    ``(D) The identification and adoption of programs, 
                policies, and measures to achieve within the wetlands 
                and watershed management unit the goal established 
                under section 101(a)(8).
                    ``(E) The identification of potential mitigation 
                banks.
                    ``(F) The identification and adoption of measures 
                to integrate wetlands planning and management with 
                broader water resource and land use planning and 
                management, including floodplain management, water 
                supply, stormwater management, and the control of point 
                and nonpoint source pollution.
                    ``(G) The identification and adoption of measures 
                to increase the level of consistency between Federal, 
                State, and local wetlands definitions, delineation 
                methodologies, and permitting approaches.
                    ``(H) The identification and establishment of 
                management strategies for preserving and restoring 
                wetlands on a watershed basis.
                    ``(I) The consideration of, and coordination with, 
                water resource and land use planning efforts in 
                adjacent States within the region or basin in which the 
                wetlands and watershed management unit is located.
            ``(2) Public participation.--Each State shall establish 
        procedures, including the establishment of scientific and 
        citizens' advisory committees, to encourage the public to 
        participate in developing wetlands and watershed management 
        plans under this section.
            ``(3) Approval of plans.--
                    ``(A) Submission of plan.--The Governor of a State 
                may submit to the Administrator for approval by the 
                Administrator and the Secretary a wetlands and 
                watershed management plan developed pursuant to this 
                section.
                    ``(B) Decision on plan.--The Administrator and the 
                Secretary shall, in consultation with the Secretaries 
                of the Interior, Agriculture, and Commerce, and after 
                notice and opportunity for public comment, approve or 
                disapprove a wetlands and watershed management plan not 
                later than 180 days after the date the plan is 
                submitted by a Governor pursuant to this paragraph.
                    ``(C) Plan requirements.--The Administrator and the 
                Secretary shall approve a wetlands and watershed 
                management plan submitted pursuant to this paragraph if 
                the Administrator and the Secretary determine that the 
                plan satisfies the requirements of section 321 and each 
                of the following conditions:
                            ``(i) The plan has been developed for a 
                        wetlands and watershed management unit 
                        designated and approved pursuant to subsection 
                        (a).
                            ``(ii) The management entity with 
                        responsibility to carry out the plan has been 
                        designated and approved pursuant to subsection 
                        (a) and has the legal authority and financial 
                        resources to carry out the plan.
                            ``(iii) The plan contains an inventory and 
                        mapping of--
                                    ``(I) all navigable waters within 
                                the proposed wetlands and watershed 
                                management unit; and
                                    ``(II) potential wetlands 
                                restoration sites with a description of 
                                the intended functions of the sites 
                                upon completion and the time required 
                                for completion.
                            ``(iv) The management entity has adopted 
                        programs, policies, and measures that will 
                        ensure achievement within the watershed of the 
                        goal established under section 101(a)(8).
                            ``(v) The plan provides that the management 
                        entity will report to the Administrator, the 
                        Secretary, and the public not later than 2 
                        years after the date of implementation of the 
                        plan, and every 2 years thereafter, on the 
                        implementation of the plan and on the losses 
                        and gains in functions and acres of wetlands 
                        within the wetlands and watershed management 
                        unit.
            ``(4) Technical assistance.--At the request of the 
        management entity, the Secretary of the Interior and the 
        Secretary of Commerce, shall, to the extent practicable, 
        provide the management entity with technical assistance in 
        carrying out wetlands and watershed management planning 
        activities under this section.
    ``(c) Plan Implementation and Revision.--
            ``(1) Planning and implementation schedule.--Each wetlands 
        and watershed management plan submitted and approved under 
        subsection (b) shall include a planning and implementation 
        schedule for a period of at least 10 years.
            ``(2) Duration of approval.--The approval of a plan by the 
        Administrator and the Secretary shall apply for a period not to 
        exceed 10 years.
            ``(3) Plan revisions.--Prior to the expiration of the 
        period specified in paragraph (2), the Governor of a State may 
        submit a revised plan to the Administrator for approval by the 
        Administrator and the Secretary pursuant to the same conditions 
        and requirements that apply to any initial plan for a wetlands 
        and watershed management unit that is approved pursuant to 
        subsection (b).
    ``(d) Incentives for Wetlands and Watershed Management Planning.--
            ``(1) Funding of projects and activities.--The projects and 
        activities identified in a plan approved by the Administrator 
        and the Secretary as necessary for the achievement, within the 
        wetlands and watershed management unit, of the goal established 
        under section 101(a)(8), and not otherwise required under this 
        Act or any 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) Expedited permit review.--Notwithstanding section 
        404(a), a decision under such section with respect to a 
        completed application for a permit for discharge of dredged or 
        fill material into navigable waters within a designated 
        wetlands and watershed unit and subject to an approved wetlands 
        and watershed management plan shall be made not later than 60 
        days after the date the notice of the application is published 
        under section 404(a)(1), unless--
                    ``(A) with respect to issuance of the permit, the 
                Secretary is required under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) to issue an 
                environmental impact statement, in which case the 
                decision shall be made not later than 30 days after the 
                date on which the requirements of such Act are met;
                    ``(B) the permit application involves an activity 
                that may affect any species that is listed or proposed 
                for listing or an area that is designated or proposed 
                for designation as a critical habitat under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.), in which case the decision shall be made not 
                later than 30 days after the date on which the 
                requirements of such Act are met, as determined by the 
                Secretary of the Interior or the Secretary of Commerce, 
                whomever is appropriate;
                    ``(C) the Administrator, the Secretaries of the 
                Departments of Agriculture, the Interior, Commerce, or 
                Transportation, the head of any other appropriate 
                Federal agency, or the Governor of the State in which 
                the activity occurs requests that the decision be made 
                after the date, in which case the decision shall be 
                made not later than 90 days after the date on which the 
                notice of application is published under section 
                404(a)(1);
                    ``(D) the Secretary and the permit applicant 
                determine that additional time is needed to evaluate 
                the application; or
                    ``(E) the decision is precluded as a matter of law 
                or procedures required by law.
            ``(3) Mitigation banks.--
                    ``(A) In general.--At the request of an approved 
                management entity, the Secretary and the Administrator 
                shall provide assistance in the establishment of 
                mitigation banks under this section and section 404(v) 
                by the approved management entity to achieve the goal 
                established under section 101(a)(8) within an approved 
                wetlands and watershed management unit and in 
                accordance with an approved wetlands and watershed 
                management plan.
                    ``(B) Funding.--The establishment and oversight of 
                mitigation banks within an approved wetlands and 
                watershed management unit and in accordance with an 
                approved wetlands and watershed management plan shall 
                be eligible for funding under paragraph (1).
    ``(e) Research Program.--The Administrator and the Secretary, in 
cooperation with the Secretary of the Interior and the heads of other 
appropriate Federal, State, and local government entities, shall carry 
out a research program on wetlands and watershed management. The 
research program shall include--
            ``(1) study of the functions, values, and management needs 
        of altered, artificial, and managed wetlands systems;
            ``(2) study and development of techniques and methods for 
        determining and analyzing the functions and values of different 
        types of wetlands;
            ``(3) study and development of techniques for managing and 
        restoring wetlands within a watershed context;
            ``(4) study and development of techniques for better 
        coordinating and integrating wetlands protection, floodplain 
        management, stormwater management, point and nonpoint source 
        pollution controls, and water supply planning on a watershed 
        basis;
            ``(5) development of criteria for identifying wetlands 
        restoration sites on a watershed basis; and
            ``(6) recommendation of procedures and ecological criteria 
        for wetlands restoration.
    ``(f) Statutory Construction.--Nothing in this section is intended 
to affect the rights or obligations of an agency (as defined in section 
551 of title 5, United States Code) of the Federal Government under any 
other provision of Federal law.

          ``intergovernmental wetlands coordinating committee

    ``Sec. 324. (a) Establishment.--Not later than 90 days after the 
date of the enactment of this section, the Administrator shall 
establish a committee to coordinate Federal, State, and local 
government wetlands policies (referred to in this section as the 
`Coordinating Committee').
    ``(b) Functions.--The Coordinating Committee shall--
            ``(1) assist in coordinating Federal, State, and local 
        wetlands policies;
            ``(2) make comments available to the Secretary of the Army, 
        acting through the Chief of Engineers, or to the Administrator 
        regarding existing or proposed regulatory programs, policies, 
        or technical guidance affecting wetlands systems;
            ``(3) in cooperation with the Secretary of the Army, acting 
        through the Chief of Engineers, and the Administrator, assist 
        in the review and field-testing of technical and scientific 
        methods utilized in wetlands regulatory and nonregulatory 
        programs;
            ``(4) encourage the development and implementation of State 
        wetlands conservation plans pursuant to section 322;
            ``(5) encourage the development and implementation of 
        wetlands and watershed management plans pursuant to section 
        323; and
            ``(6) assist in the development of a national strategy for 
        the restoration of wetlands ecosystems pursuant to section 325.
    ``(c) Membership.--The Committee shall be composed of 19 members 
and shall include the following:
            ``(1) The Administrator.
            ``(2) The Secretary of the Army, acting through the Chief 
        of Engineers.
            ``(3) The Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service.
            ``(4) The Secretary of Agriculture, acting through the 
        Chief of the Soil Conservation Service.
            ``(5) The Under Secretary of Commerce for Oceans and 
        Atmosphere.
            ``(6) 1 individual appointed by the Administrator, who 
        shall represent the National Governors Association.
            ``(7) 1 individual appointed by the Administrator, who 
        shall represent the National Association of Counties.
            ``(8) 1 individual appointed by the Administrator, who 
        shall represent the National League of Cities.
            ``(9) 10 State wetlands experts selected and appointed by 
        the Administrator from among nominations submitted by each 
        Governor of a State.
            ``(10) 1 individual appointed by the Administrator, who 
        shall represent tribes that exercise governmental authority 
        over wetlands.
    ``(d) Terms.--Each member appointed pursuant to paragraph (6), (7), 
(8), (9), or (10) of subsection (c) shall be appointed for a term of 2 
years.
    ``(e) Vacancies.--A vacancy in the Coordinating Committee shall be 
filled, on or before the date that is 30 days after the vacancy occurs, 
in the manner in which the original appointment was made.
    ``(f) Pay.--A member of the Coordinating Committee who is not a 
Federal employee shall serve without compensation and a member of the 
Coordinating Committee who is a Federal employee shall receive no 
additional compensation for participation on the Coordinating 
Committee, except that each member may receive travel expenses 
(including per diem in lieu of subsistence) in accordance with sections 
5702 and 5703 of title 5, United States Code.
    ``(g) Cochairpersons.--The Administrator and 1 member appointed 
pursuant to paragraph (6), (7), or (8) of subsection (c) who shall be 
selected from among the members of the Coordinating Committee shall 
serve as cochairpersons of the Coordinating Committee.

          ``national cooperative wetlands restoration strategy

    ``Sec. 325. (a) Development.--Not later than 1 year after the date 
of enactment of this section, the Administrator and the Secretary of 
the Army, acting through the Chief of Engineers, in cooperation with 
the Coordinating Committee established under section 324, and with 
opportunity for public comment and participation, shall develop a 
National Cooperative Wetlands Restoration Strategy (referred to in this 
section as the `Restoration Strategy').
    ``(b) Goals.--The goal of the Restoration Strategy shall be to 
restore damaged and degraded wetlands and riparian ecosystems in a 
manner that is consistent with the goals of this Act and the 
recommendations of the National Academy of Sciences with regard to the 
restoration of aquatic ecosystems.
    ``(c) Functions.--The Restoration Strategy shall--
            ``(1) be designed to help coordinate and promote 
        restoration efforts by Federal, State, regional, and local 
        governments, and the private sector;
            ``(2) inventory and evaluate then existing restoration 
        efforts and make suggestions for the establishment of 
        additional efforts and funding mechanisms for such efforts 
        consistent with existing Federal, State, and local programs and 
        plans;
            ``(3) evaluate the role played by, and success of, wetlands 
        restoration efforts in both regulatory and nonregulatory 
        contexts;
            ``(4) evaluate then current efforts to monitor restoration 
        efforts and make recommendations to improve monitoring 
        protocols;
            ``(5) periodically report on the status of wetlands 
        restoration efforts;
            ``(6) identify regulatory and nonregulatory obstacles to 
        wetlands ecosystem restoration and recommend methods to remove 
        the obstacles; and
            ``(7) provide a plan for implementing the strategy.
    ``(d) Wetlands Restoration Pilot Program.--
            ``(1) In general.--The Secretary of the Army and the 
        Administrator of the Environmental Protection Agency, in 
        cooperation with the Coordinating Committee established under 
        section 324, and with opportunity for public comment and 
        participation, shall establish a wetlands restoration pilot 
        program to--
                    ``(A) identify areas where the restoration of 
                significant wetlands acreage and functions, including 
                fish and wildlife habitat, water quality protection, 
                and protection of natural hydrologic functions, will 
                contribute substantially to the achievement of the 
                goals established under section 101(a)(8);
                    ``(B) test methods and techniques for wetlands 
                restoration in the areas described in paragraph (1); 
                and
                    ``(C) develop methods to evaluate the long-term 
                success of wetlands restoration projects in achieving 
                the goals established under section 101(a)(8).
            ``(2) Reports.--Not later than 5 years after the date of 
        enactment of this paragraph, the Secretary and the 
        Administrator shall report to the Committee on Environment and 
        Public Works of the Senate, the Committee on Public Works and 
        Transportation of the House of Representatives, and Committee 
        on Merchant Marine and Fisheries of the House of 
        Representatives on the results of the wetlands restoration 
        pilot program established under this subsection.
            ``(3) Funding.--Wetlands restoration projects carried out 
        pursuant to this subsection shall be eligible for funding under 
        section 104.''.

SEC. 711. GRANTS TO STATES FOR OPERATION OF STATE WETLANDS PROGRAMS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency is authorized to make grants to States to administer--
            (1) a program approved pursuant to section 404(h)(2) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1344(h)(2)); or
            (2) a programmatic general permit under section 404(e)(3) 
        of such Act.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 1995, 1996, 1997, and 1998.

                     TITLE VIII--COASTAL PROTECTION

SEC. 801. NATIONAL ESTUARY PROGRAM.

    (a) Authorization of Appropriations.--Section 320(i) (33 U.S.C. 
1330(i)) is amended--
            (1) by striking ``1987, 1988, 1989, 1990, and 1991'' and 
        inserting ``1987 through 1993 and $25,000,000 for each of 
        fiscal years 1994 through 2000'';
            (2) in paragraph (1)--
                    (A) by striking ``, not to exceed'' and all that 
                follows through the end of the paragraph; and
                    (B) by adding ``; and'' at the end;
            (3) in paragraph (2), by striking ``; and'' and inserting a 
        period; and
            (4) by striking all after paragraph (2).
    (b) Management Plans.--Subsection (b) of section 320 (33 U.S.C. 
1330(b)) is amended to read as follows:
    ``(b) Purposes of Conference.--
            ``(1) In general.--The purposes of a management conference 
        convened with respect to an estuary under this section shall be 
        to--
                    ``(A) ensure, through a comprehensive planning 
                process, the full coordination, and the full 
                implementation, of this Act and any other related 
                Federal or State law; and
                    ``(B) identify, plan, and support the 
                implementation of projects, programs, and measures that 
                are necessary to attain and maintain compliance with 
                water quality standards and protect existing and 
                designated uses of waters.
            ``(2) Requirements.--To achieve the purposes referred to in 
        paragraph (1), a management conference shall--
                    ``(A) not later than 1 year after the date on which 
                the conference is convened--
                            ``(i) identify existing information on the 
                        environmental health of the estuary;
                            ``(ii) identify the watershed area of the 
                        estuary and the waters that significantly 
                        affect the estuary;
                            ``(iii) submit to the Administrator an 
                        overall budget for the conference and revise 
                        the budget annually;
                            ``(iv) identify significant violations of 
                        permits issued pursuant to section 402 for 
                        discharges to waters identified pursuant to 
                        clause (ii);
                            ``(v) make recommendations to the 
                        appropriate State agency to place multiple 
                        discharges to a single segment of an estuary on 
                        coordinated schedules for the issuance of 
                        permits;
                            ``(vi) identify and describe long-term 
                        trends in water and sediment quality, natural 
                        resources, and uses of the estuary; and
                            ``(vii) collect and characterize existing 
                        data on water quality and living and natural 
                        resources within the estuary and watershed area 
                        to identify the causes of environmental 
                        problems;
                    ``(B) not later than 2 years after the date on 
                which the conference is convened--
                            ``(i) identify the major environmental 
                        problems and priorities that the comprehensive 
                        conservation and management plan will address, 
                        including objectives for the protection and 
                        restoration of living and natural resources;
                            ``(ii) identify and assess inplace 
                        pollutant loads and point and nonpoint 
                        pollutant loadings to the estuary and watershed 
                        area;
                            ``(iii) conduct an analysis of any changes 
                        to State law that may be necessary to implement 
                        the conservation and management plan required 
                        under subparagraph (C);
                            ``(iv) make proposals to the State 
                        concerning the adoption for waters that are 
                        within the estuary that is the subject of the 
                        conference (or waters that significantly affect 
                        the estuary) of numerical water quality 
                        criteria, including biological criteria, for 
                        any pollutant with respect to which the 
                        Administrator has published a criteria document 
                        pursuant to section 304; and
                            ``(v) identify all pollutants and waters 
                        within the estuary that is the subject of the 
                        conference (or waters that significantly affect 
                        the estuary) for which the development of 
                        maximum daily loads are considered necessary 
                        pursuant to section 303 and establish a 
                        schedule under which total maximum daily loads 
                        and wasteload and load allocations will be 
                        completed;
                    ``(C) not later than 3 years after the date on 
                which the conference is convened, and in accordance 
                with the guidance document published under subsection 
                (d), develop a comprehensive conservation and 
                management plan that--
                            ``(i) identifies priority corrective 
                        actions (including policies enforceable under 
                        State law);
                            ``(ii) specifies schedules for implementing 
                        corrective actions; and
                            ``(iii) provides a detailed financial plan 
                        indicating the level of Federal, State, and 
                        local funding needed to implement the plan and 
                        the means of attaining the funding;
                    ``(D) monitor the effectiveness of actions taken 
                pursuant to the plan required under subparagraph (C);
                    ``(E) review each Federal financial assistance 
                program and Federal development project in accordance 
                with the requirements of Executive Order 12372, as in 
                effect on September 17, 1983, to determine whether the 
                assistance program or project would be consistent with 
                and further the purposes and objectives of the plan 
                required under subparagraph (C);
                    ``(F) identify all Federal activities (including 
                development projects, financial assistance programs, 
                and licensing and permitting activities) that may 
                affect the requirements and objectives of the 
                conservation and management plan required under 
                subparagraph (C), and ensure the consistent and 
                coordinated implementation of the activities with 
                respect to the plan;
                    ``(G) ensure that all permits issued under section 
                402 for dischargers that discharge within an estuary 
                subject to a conservation and management plan or into 
                waters that significantly affect the estuary are 
                reviewed by appropriate authorities and, if necessary, 
                revised not later than 1 year after the date of 
                approval of the plan; and
                    ``(H) identify portions of the conservation and 
                management plan required under subparagraph (C) that 
                should be included in a State coastal zone management 
                program approved under section 306(c) of the Coastal 
                Zone Management Act of 1972 (16 U.S.C. 1455(c)) and 
                make appropriate recommendations to the Governor of the 
                State and the Under Secretary for the inclusion of the 
                portions of the plan in the program.
            ``(3) Federal financial assistance programs.--The programs 
        and projects referred to in paragraph (2)(E) shall not be 
        limited to the assistance programs and development projects 
        subject to Executive Order 12372, but may include any programs 
        listed in the most recent Catalog of Federal Domestic 
        Assistance that may have an effect on the purposes and 
        objectives of the plan required under paragraph (2)(C).''.
    (c) Members of Conference.--Section 320(c) (33 U.S.C. 1330(c)) is 
amended--
            (1) in paragraph (3), by inserting after ``Federal 
        agency,'' the following: ``including any Federal agency that 
        has responsibility for conserving and protecting living 
        resources (including fish, shellfish, and wildlife),''; and
            (2) in paragraph (5), by inserting ``(including 
        environmental organizations)'' after ``the general public''.
    (d) Guidance Document.--Subsection (d) of section 320 (33 U.S.C. 
1330(d)) is amended to read as follows:
    ``(d) Guidance Document.--
            ``(1) In general.--Not later than 270 days after the date 
        of enactment of this paragraph, the Administrator shall issue a 
        guidance document that establishes guidelines for--
                    ``(A) management conferences to follow in 
                developing, implementing, and overseeing comprehensive 
                conservation and management plans developed under 
                subsection (b); and
                    ``(B) implementing interim actions (including 
                enforcement actions) to protect the water quality of 
                the estuary for which a conservation and management 
                plan is developed.
            ``(2) Publication of proposed document.--Not later than 180 
        days after the date of enactment of this paragraph, the 
        Administrator shall publish a proposed guidance document under 
        this subsection.''.
    (e) Approval and Implementation of Conservation and Management 
Plans.--Subsection (f) of section 320 (33 U.S.C. 1330(f)) is amended to 
read as follows:
    ``(f) Approval and Implementation of Plans and Interim Actions.--
            ``(1) Approval of plans.--Not later than 120 days after the 
        date of the completion of a conservation and management plan 
        developed under subsection (b) and after providing for public 
        review and comment, the Administrator shall approve the plan 
        if--
                    ``(A) the plan complies with any applicable 
                guidance document published under subsection (d);
                    ``(B) the plan meets the requirements of this 
                section and is consistent with current law or is more 
                protective of the environment than current law;
                    ``(C) the plan specifies the implementation 
                responsibilities, including funding responsibilities 
                and implementation schedules, of the Federal Government 
                and the State and local governments that participated 
                in the development of the plan; and
                    ``(D) each Governor of an affected State concurs.
            ``(2) Public review and comment.--The Administrator shall, 
        before approving a conservation and management plan, provide an 
        opportunity for public review and comment on the plan and, at a 
        minimum, hold a public hearing on the plan at a location near 
        the estuary.
            ``(3) Implementation.--On approval of a conservation and 
        management action under this subsection, any responsibility 
        that is assigned to the Administrator by the plan that the 
        Administrator is required to achieve by a date specified in the 
        plan shall, for the purposes of section 505 and any other 
        provision of this Act, be considered a nondiscretionary duty. 
        In approving a plan pursuant to paragraph (1), the 
        Administrator may specify conditions or qualifications with 
        regard to actions that shall be taken by the Administration to 
        implement the plan.
            ``(4) Assistance of administrator.--The Administrator shall 
        provide assistance to the management conference, including 
        administrative and technical assistance, for the implementation 
        of the plan and shall--
                    ``(A) coordinate Federal programs necessary for 
                implementing the plan or interim action;
                    ``(B) make recommendations to the management 
                conference concerning enforcement and technical 
                assistance activities necessary to ensure compliance 
                with, and implementation of, the plan or interim 
                action;
                    ``(C) collect, and make available to the public, 
                publications and other forms of information relating to 
                the implementation of the plan or interim action; and
                    ``(D) to the extent funds are available, make 
                grants under the authority provided to the 
                Administrator under this title.
            ``(5) Funding.--Funds authorized to be appropriated under 
        titles II and VI, section 319, and this section may be used in 
        accordance with the applicable requirements of this Act to 
        assist States with the implementation of conservation and 
        management plans under this section.
            ``(6) Consistency.--On approval of a conservation and 
        management plan under this section, each activity of a Federal 
        agency identified pursuant to subsection (b)(2)(E) with respect 
        to the plan shall, to the maximum extent practicable, be 
        conducted in a manner that is consistent with the plan.
            ``(7) Watershed plan.--On approval of a conservation and 
        management plan under this subsection, the plan shall, for the 
        purposes of this Act, be considered to be an approved watershed 
        management plan for the purposes of section 321.''.
    (f) Research.--Subsection (j) of section 320 (33 U.S.C. 1330(j)) is 
amended to read as follows:
    ``(j) Research.--
            ``(1) Research program.--The Administrator is authorized to 
        carry out a coordinated program of research and monitoring to 
        support the assessment of each estuary for which a management 
        conference is convened pursuant to this section.
            ``(2) Content of program.--The research program carried out 
        pursuant to this subsection shall include--
                    ``(A) a comprehensive program of water and sediment 
                quality monitoring to determine with respect to an 
                estuary--
                            ``(i) variations in pollutant 
                        concentrations, marine ecology, and other 
                        physical or biological environmental parameters 
                        that may affect the estuary; and
                            ``(ii) the potential and actual effects of 
                        alternative management strategies and measures;
                    ``(B) a program of ecosystem assessment to assist 
                in the development of--
                            ``(i) baseline studies to determine the 
                        biological conditions of each estuary and the 
                        effects of natural and anthropogenic changes in 
                        the estuary; and
                            ``(ii) predictive models that are capable 
                        of translating information concerning specific 
                        discharges or general pollutant loadings within 
                        each estuary into a set of probable effects on 
                        biological conditions in the waters of the 
                        estuary;
                    ``(C) a program of research to identify the 
                movements of nutrients, sediments, and pollutants 
                through the estuary and the impact of nutrients, 
                sediments, and pollutants on water quality and 
                designated or potential uses of the waters of the 
                estuary; and
                    ``(D) a program of research to determine the water 
                quality and habitat requirements necessary for the 
                attainment and maintenance of designated uses and the 
                continued viability and enhancement of living 
                resources.
            ``(3) Cooperative activity.--In carrying out the research 
        program under this subsection, the Administrator shall 
        cooperate with each affected management conference and State, 
        and the heads of appropriate Federal agencies, including the 
        Under Secretary and the Director of the United States Fish and 
        Wildlife Service.''.
    (g) Grants.--Section 320(g) (33 U.S.C. 1330(g)) is amended by 
striking paragraphs (2) and (3) and inserting the following new 
paragraphs:
            ``(2) Purposes.--A grant awarded under this section may be 
        used to--
                    ``(A) support an initial management conference and 
                the development of a conservation and management plan 
                under this section; and
                    ``(B) support the operation of the management 
                conference after approval of a conservation and 
                management plan, including oversight of the 
                implementation of the plan and the implementation of 
                programs, projects, or activities, giving priority to 
                programs, projects, or activities that are not eligible 
                to receive Federal assistance under section 319 or 
                603(c)(1) (other than section 603(c)(1)(C)).
            ``(3) Development of conservation and management plans.--
                    ``(A) In general.--The Federal share of a grant 
                awarded under paragraph (2)(A) for a fiscal year shall 
                be--
                            ``(i) an amount not to exceed 75 percent of 
                        the annual cost of the management conference 
                        referred to in paragraph (2)(A); and
                            ``(ii) awarded on the condition that the 
                        non-Federal share of the cost of the management 
                        conference shall be paid from non-Federal 
                        sources.
                    ``(B) Duration.--A person referred to in paragraph 
                (1) (including a State, interstate, or regional agency 
                or entity) may be awarded a grant under paragraph 
                (2)(A) for a period of not to exceed 3 fiscal years.
            ``(4) Grants to maintain management conferences and 
        implement plans.--
                    ``(A) Prohibition.--If, in the judgment of the 
                Administrator, a person referred to in paragraph (1) 
                (including a State, interstate, or regional agency or 
                entity) has--
                            ``(i) not received approval by the 
                        Administrator for a conservation and management 
                        plan; or
                            ``(ii) failed substantially to ensure the 
                        implementation of a conservation and management 
                        plan,
                the Administrator may not award a grant to the person 
                under paragraph (2)(B).
                    ``(B) Federal share.--The Federal share of a grant 
                awarded under paragraph (2)(B) for a fiscal year shall 
                be--
                            ``(i) an amount not to exceed 50 percent of 
                        the annual costs of the eligible activity that 
                        is the subject of the grant; and
                            ``(ii) awarded on the condition that the 
                        non-Federal share of the grant shall be paid 
                        from non-Federal sources.
            ``(5) Report to the administrator.--Each person who 
        receives a grant under this subsection shall be required, as a 
        condition of receiving the grant, to submit a report to the 
        Administrator, not later than 18 months after receipt of the 
        grant award, describing the progress of the grant recipient in 
        carrying out the purposes of the grant.''.
    (h) Priority Estuary.--Section 320(a)(2)(B) (33 U.S.C. 
1330(a)(2)(B)) is amended by inserting ``Charlotte Harbor, Florida;'' 
after ``Sarasota Bay, Florida;''.
    (i) Statutory Construction.--No amendment made pursuant to this Act 
to section 320 of the Federal Water Pollution Control Act (33 U.S.C. 
1330) is intended to affect the status of approval of any conservation 
and management plan approved by the Administrator pursuant to such 
section before the date of enactment of this Act.

SEC. 802. MARINE WATER QUALITY CRITERIA AND STANDARDS.

    (a) Issuance of Criteria for Marine Waters.--Section 304(a) (33 
U.S.C. 1314(a)), as amended by section 613(b)(2), is further amended by 
adding at the end the following new paragraphs:
            ``(14) Coastal recreation waters.--
                    ``(A) In general.--Not later than 5 years after the 
                date of enactment of this paragraph, after consultation 
                with appropriate Federal and State agencies and other 
                interested persons, the Administrator shall revise 
                water quality criteria for pathogens. The revised 
                criteria shall--
                            ``(i) be based on the best available 
                        scientific information;
                            ``(ii) provide for comprehensive protection 
                        against fecally borne and nonenteric pathogens 
                        (including protozoan and viral pathogens); and
                            ``(iii) specify numeric criteria calculated 
                        to reflect public health risks from pathogens 
                        in coastal recreation waters, including short-
                        term increases in pathogens resulting from 
                        rainfall, malfunctions of wastewater treatment 
                        works, and other causes.
                    ``(B) Coastal recreation waters defined.--As used 
                in this paragraph, the term `coastal recreation waters' 
                means marine waters that the State determines are 
                regularly used by the general public for swimming, 
                bathing, or other similar primary contact purposes.
            ``(15) Aquatic life criteria for marine waters.--
                    ``(A) New criteria.--Beginning on the date of 
                enactment of this paragraph, the Administrator shall 
                require that any criteria and information published 
                pursuant to this subsection shall address aquatic life 
                in marine waters.
                    ``(B) Existing criteria.--Not later than 3 years 
                after the date of enactment of this paragraph, the 
                Administrator shall revise the aquatic life criteria 
                for each pollutant with respect to which aquatic life 
                criteria for freshwater have been published as of the 
                date of enactment of this paragraph and revise the 
                criteria to address aquatic life in marine waters, 
                unless the Administrator determines that the pollutant 
                is not found in marine waters.''.
    (b) State Adoption of Standards for Coastal Recreation Waters.--
Section 303(a), as amended by section 613(b)(3), is further amended by 
adding at the end the following new paragraph:
            ``(9) State adoption of standards for coastal recreation 
        waters.--
                    ``(A) In general.--Each State that has coastal 
                recreation waters (as defined in section 304(a)(14)(B)) 
                shall adopt water quality standards for coastal 
                recreation waters for pathogens not later than 3 years 
                after the date of enactment of this paragraph and not 
                later than 3 years after the date of publication of any 
                revised criteria for pathogens pursuant to section 
                304(a)(14). The water quality standards shall be 
                developed in accordance with the requirements of this 
                subsection.
                    ``(B) Failure to adopt standards.--If a State fails 
                to adopt standards pursuant to subparagraph (A) that 
                are approved by the Administrator by the date specified 
                in subparagraph (A), the criteria referred to in 
                subparagraph (A) shall be the applicable State water 
                quality standard until such time as the State adopts, 
                and the Administrator approves, a revised standard in 
                accordance with this section. The State shall apply the 
                standards issued by the Administrator in carrying out 
                all of the programs pursuant to this Act, except that, 
                in the case of a permit issued pursuant to subsection 
                402(q), the adoption of a standard pursuant to this 
                paragraph shall not be a basis for revising the permit 
                prior to the termination of the period established in 
                subsection (q)(2).''.
    (c) Marine Water Quality Standards.--Section 303(a) (33 U.S.C. 
1313(a)), as amended by subsection (b), is further amended by adding at 
the end the following new paragraph:
            ``(10) Marine water quality standards.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this paragraph, and periodically 
                thereafter, the Administrator shall, by regulation, 
                establish numeric water quality standards for marine 
                waters that--
                            ``(i) are not located within the 
                        jurisdiction of a State; and
                            ``(ii) are located within 200 miles seaward 
                        of the landward boundary of the territorial 
                        seas.
                    ``(B) Covered pollutants.--The standards 
                established pursuant to subparagraph (A) shall be for 
                pollutants with respect to which criteria have been 
                published under section 304(a) or that could reasonably 
                be expected to interfere with the protection of waters 
                pursuant to subparagraph (C).
                    ``(C) Protection of fish, shellfish, and 
                wildlife.--The standards established pursuant to 
                subparagraph (A) shall ensure the protection and 
                propagation of fish, shellfish, and wildlife.''.

SEC. 803. NATIONAL MARINE WATER QUALITY EDUCATION PROGRAM.

    Section 519, as added by section 607(a)(2), is amended--
            (1) in the first sentence, by inserting before ``The 
        Administrator shall establish'' the following: ``(a) In 
        General.--''; and
            (2) by adding at the end the following new subsections:
    ``(b) Marine Water Quality Outreach.--
            ``(1) In general.--The Administrator shall establish a 
        national program to provide information, education, and 
        technical assistance to owners of land bordering marine water, 
        including practices to prevent water pollution and protect 
        habitat and significant natural resources.
            ``(2) Identification.--Any owner of marine land may submit 
        to the Administrator an application for participation in the 
        education program established under this section. Each 
        application submitted under this subsection shall contain such 
        basic information as the Administrator determines to be 
        appropriate.
            ``(3) State participation.--At the request of a Governor of 
        a State, the Administrator may delegate to a State the 
        operation of an information and education program that meets 
        requirements that the Administrator shall establish. The cost 
        associated with activities carried out by the State pursuant to 
        this section shall be considered an eligible cost with respect 
        to funding provided under section 106.
    ``(c) Ocean Watch Program.--
            ``(1) Establishment.--Not later than 18 months after the 
        date of enactment of this subsection, the Administrator shall, 
        by regulation, establish a program to be known as the `Ocean 
        Watch Program' (referred to in this paragraph as the `Program') 
        to encourage nonprofit citizens groups to engage in activities 
        to assess and protect marine and ocean waters.
            ``(2) Contents of regulations.--The regulations issued 
        pursuant to paragraph (1) shall establish--
                    ``(A) a process for identifying citizens groups 
                interested in participating in the Program;
                    ``(B) a national registry of citizens groups 
                participating in the Program and the marine waters with 
                respect to which the groups engage in assessment and 
                protection activities;
                    ``(C) minimum conditions to be met by a citizens 
                group that participates in the Program, including--
                            ``(i) a minimum requirement for the 
                        monitoring of marine water quality;
                            ``(ii) periodic reports of marine 
                        protection activities;
                            ``(iii) the identification of the watershed 
                        area of each marine water with respect to which 
                        the group engages in assessment and protection 
                        activities; and
                            ``(iv) periodic renewal of participation; 
                        and
                    ``(D) a process for approval of the participation 
                of a group in the Program.
            ``(3) Ocean watch award.--The Administrator shall provide 
        an annual award, to be known as the `Ocean Watch Award', to 1 
        citizens group participating in the Program in each State, that 
        has demonstrated an outstanding commitment to ocean assessment 
        and protection.
            ``(4) Program coordination.--The Administrator shall inform 
        each citizens group participating in the Program of pollution 
        control activities within the watershed area of each marine 
        water with respect to which the group engages in assessment and 
        protection activities, including--
                    ``(A) the award of grant assistance pursuant to 
                this section;
                    ``(B) the initiation of an enforcement action 
                pursuant to section 309;
                    ``(C) the award of an incentive or demonstration 
                grant pursuant to section 319;
                    ``(D) the issuance of a permit pursuant to section 
                402; and
                    ``(E) the award of a loan or other assistance 
                pursuant to title VI.
            ``(5) Delegation of authority.--The Administrator may 
        delegate the authority to carry out paragraph (4) to a 
        State.''.

SEC. 804. MARINE SANITATION DEVICES.

    (a) Prohibition of Discharge to Designated Waters.--
            (1) Action by state.--Section 312(f)(3) (33 U.S.C. 
        1322(f)(3)) is amended by striking ``, except that'' and all 
        that follows through the end of the paragraph and inserting 
        ``if the State determines that adequate facilities for the safe 
        and sanitary removal and treatment of sewage from all vessels 
        are reasonably available (as defined in guidelines issued 
        pursuant to the Clean Vessel Act of 1992 (subtitle F of title V 
        of Public Law 102-587; 33 U.S.C. 1322 note).
            (2) Action by administrator.--Section 312(f)(4)(A) (33 
        U.S.C. 1322(f)(4)(A)) is amended by striking ``upon application 
        by a State''.
            (3) Unlawful acts.--Section 312(h) (33 U.S.C. 1322(h)) is 
        amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(5) for any person to discharge sewage (whether treated 
        or untreated) into a water designated pursuant to paragraph (3) 
        or (4) of subsection (f); and
            ``(6) for any person to discharge to navigable waters 
        sewage that has not been treated by a marine sanitation device 
        required under this section.''.
            (4) Conforming amendments.--
                    (A) Section 301(a) (33 U.S.C. 1311(a)) is amended 
                by inserting ``312,'' after ``307,''.
                    (B) Section 312(f)(1)(A) (33 U.S.C. 1322(f)(1)(A)) 
                is amended by striking ``or use''.
    (b) Civil Penalties.--The first sentence of section 312(j) (33 
U.S.C. 1322(j)) is amended--
            (1) by striking ``clause (1) or (2)'' and inserting 
        ``paragraph (1) or (2)''; and
            (2) by striking ``clause (4)'' and inserting ``paragraph 
        (4), (5), or (6)''.
    (c) Enforcement.--Subsection (k) of section 312 (33 U.S.C. 1322(k)) 
is amended to read as follows:
    ``(k) Enforcement.--
            ``(1) In general.--The Secretary of the department in which 
        the Coast Guard is operating (referred to in this subsection as 
        the `Secretary') shall carry out the enforcement of this 
        section. The head of another Federal agency may enter into an 
        agreement with the Secretary to--
                    ``(A) detail to the Secretary, with or without 
                reimbursement, law enforcement officers or personnel to 
                assist the Secretary in carrying out this section; and
                    ``(B) provide facilities for use by the Secretary 
                in carrying out this section.
            ``(2) Vessel pollution education fund.--All amounts 
        collected by the Secretary under this section shall be 
        deposited into a special fund of the Treasury of the United 
        States to be known as the `Vessel Pollution Education Fund'. 
        The fund shall be available to the Coast Guard to carry out the 
        activities referred to in subsection (n).
            ``(3) State enforcement.--The provisions of this section 
        may also be enforced by a State.''.
    (d) Marine Sanitation Devices.--
            (1) Technology improvements.--Section 312(c)(1)(A) (33 
        U.S.C. 1322(c)(1)(A)) is amended by adding at the end the 
        following new sentence: ``The standards and regulations 
        referred to in this subparagraph shall be reviewed and revised 
        to reflect improvements in technology relating to marine 
        sanitation devices not later than 3 years after the date of 
        enactment of this sentence, and not less frequently than every 
        10 years thereafter.''.
            (2) Review.--Section 312(c)(2) (33 U.S.C. 1322(c)(2)) is 
        amended by adding at the end the following new sentences: 
        ``Except for a waiver for an individual vessel, the Secretary 
        of the department in which the Coast Guard is operating shall 
        review each waiver of a standard or regulation under this 
        section. If the Secretary considers that a revision of the 
        waiver would be appropriate to take into account technology 
        relating to marine sanitation devices, the Secretary shall 
        revise the waiver.''.
            (3) Deadline.--The last sentence of section 312(b)(1) (33 
        U.S.C. 1322(b)(1)) is amended by inserting before the period at 
        the end the following: ``not later than 2 years after the date 
        of establishment or revision of the standards''.
    (e) Marine Sanitation Device Pumpout Stations.--
            (1) In general.--Section 603(c)(1) (33 U.S.C. 1383(c)(1)), 
        as amended by section 101(a)(2), is further amended by adding 
        at the end the following new subparagraph:
                    ``(L) The construction of a marine sanitation 
                pumpout station provided for in a plan approved 
                pursuant to section 5603(c) of the Clean Vessel Act of 
                1992 (subtitle F of title V of Public Law 102-587; 33 
                U.S.C. 1322 note).''.
            (2) Compliance with plan.--Section 312(h) (33 U.S.C. 
        1322(h)), as amended by subsection (a)(3), is further amended--
                    (A) by striking ``and'' at the end of paragraph 
                (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) for the owner or operator of a marina that has a 
        docking or mooring capacity for more than 500 vessels--
                    ``(A) beginning on January 1, 2000, to fail to 
                provide pumpout stations and waste reception facilities 
                for marine sanitation devices unless a plan developed 
                pursuant to the Clean Vessel Act of 1992 (subtitle F of 
                title V of Public Law 102-587; 33 U.S.C. 1322 note) 
                expressly waives this requirement; and
                    ``(B) to fail to comply with a plan for pumpout 
                stations developed pursuant to that Act.''.
    (f) Education.--Section 312 (33 U.S.C. 1322) is amended by adding 
at the end the following new subsection:
    ``(n) Education.--
            ``(1) In general.--The Secretary of the department in which 
        the Coast Guard is operating, in consultation with the 
        Administrator, shall carry out a comprehensive program of 
        information and education to--
                    ``(A) encourage compliance with the requirements of 
                this section; and
                    ``(B) foster an increased understanding of the 
                importance of water quality and methods of preventing 
                water pollution.
            ``(2) Grant assistance.--The Secretary of the department in 
        which the Coast Guard is operating is authorized to award 
        grants to, or enter into cooperative agreement with, the 
        appropriate officials of other Federal agencies, States, and 
        nonprofit organizations to carry out this section.
            ``(3) Authorization.--There are authorized to be 
        appropriated to the department in which the Coast Guard is 
        operating such sums as may be necessary to carry out this 
        subsection.''.
    (g) Definitions.--Section 312(a) (33 U.S.C. 1322(a)) is amended--
            (1) in paragraphs (1) and (2), by inserting ``applicable'' 
        after ``promulgation of'';
            (2) by striking the period at the end of paragraph (11) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(12) `fuel overflow containment device' means a device 
        installed on a vessel to prevent or reduce the release of 
        engine fuel to navigable waters during fueling;
            ``(13) `pumpout station' has the same meaning as is 
        provided the term in section 5608(6) of the Clean Vessel Act of 
        1992 (subtitle F of title V of Public Law 102-587; 33 U.S.C. 
        1322 note); and
            ``(14) `waste reception facility' has the same meaning as 
        is provided the term in section 5608(8) of the Clean Vessel Act 
        of 1992 (subtitle F of title V of Public Law 102-587; 33 U.S.C. 
        1322 note).''.

SEC. 805. OCEAN DISCHARGE CRITERIA.

    (a) Clarification of Scope.--
            (1) In general.--Section 403(a) (33 U.S.C. 1343(a)) is 
        amended--
                    (A) by striking ``(a) No permit'' and all that 
                follows through the end of the first sentence and 
                inserting the following:
    ``(a) In General.--
            ``(1) Criteria.--No permit may be issued under section 402 
        for a discharge into the territorial seas, the waters of the 
        contiguous zone, the oceans, or any waters identified in or 
        pursuant to subsection (e), if, on the basis of an assessment 
        of the guidelines established under subsection (c) and the 
        analysis required under subsection (d), the Administrator 
        determines that--
                    ``(A) the discharge may cause or contribute to the 
                violation of water and sediment quality standards 
                established pursuant to section 303, including 
                designated uses; or
                    ``(B) alternatives to the discharge were not 
                adequately evaluated.'';
                    (B) by striking ``Prior to'' and inserting the 
                following:
            ``(2) Issuance in public interest.--Prior to''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Waivers.--In the case of waters within an estuary or 
        estuarine zone identified pursuant to subsection (e), the 
        Governor of a State may, after providing for public notice, 
        request that the Administrator waive the application of this 
        section to a specific permit or class of permits. The 
        Administrator shall grant a request to waive the application of 
        this section on the basis of a finding that a State has 
        demonstrated that a waiver is necessary and appropriate.''.
            (2) Prohibition.--Section 403(b) (33 U.S.C. 1343(b)) is 
        amended by striking ``into the territorial sea'' and inserting 
        the following: ``pursuant to this section''.
    (b) Biological Testing.--Section 403(c)(1) (33 U.S.C. 1343(c)(1)) 
is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(H) methods, procedures, and requirements for biological 
        testing that shall, at a minimum, require that any reference 
        site be substantially free of contamination consistent with the 
        procedures established pursuant to the Marine Protection, 
        Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
        seq.).''.
    (c) Limitation of Regulations.--Section 403(c)(2) (33 U.S.C. 
1343(c)(2)) is amended by adding at the end the following new sentence: 
``Any exemption to a limitation established under this paragraph that 
is included in a regulation shall be considered null and void.''.
    (d) Pollution Prevention and Priority Marine Waters.--Section 403 
(33 U.S.C. 1343) is amended by adding at the end the following new 
subsections:
    ``(d) Pollution Prevention and Priority Marine Waters.--
            ``(1) In general.--In assessing the effects of a proposed 
        discharge to marine waters, the Administrator shall take into 
        consideration, in addition to the guidelines established 
        pursuant to subsection (c), an analysis of alternatives to the 
        discharge by the permit applicant.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of this paragraph, the Administrator shall publish 
        guidance that describes--
                    ``(A) pollution prevention methods; and
                    ``(B) the expectations of the Administrator with 
                regard to the demonstrations required by paragraph (1).
    ``(e) Priority Marine Waters.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and biennially thereafter, the 
        Administrator shall, in consultation with the Under Secretary 
        and coastal States, identify and list, pursuant to this 
        subsection, marine waters that--
                    ``(A) do not support the protection and propagation 
                of fish, shellfish, and wildlife, and allow for 
                recreational activities in and on the waters; or
                    ``(B) in the judgment of the Administrator, are not 
                likely to have the capability of ensuring the future 
                protection and propagation of fish, shellfish, and 
                wildlife, and allow for recreational activities in and 
                on the water.
            ``(2) Selection.--In selecting marine waters pursuant to 
        paragraph (1), the Administrator shall consider--
                    ``(A) the extent and seriousness of water quality 
                impairment;
                    ``(B) the presence of toxic or other contaminants 
                in sediment and the potential for migration of the 
                contamination to water or aquatic organisms;
                    ``(C) the condition of aquatic life and related 
                habitat, including the presence of threatened or 
                endangered species;
                    ``(D) the likely effect of contaminants on human 
                health, aquatic life, and related habitat, recreational 
                and commercial opportunities, and marine ecological 
                values;
                    ``(E) the presence of floatables in the area that 
                adversely affect commercial and recreational 
                opportunities;
                    ``(F) anticipated total increases in pollution 
                loadings and floatables in the area; and
                    ``(G) the recommendations of appropriate officials 
                of Federal agencies, State and local governments, and 
                citizens.
            ``(3) Public review.--In listing marine waters pursuant to 
        paragraph (1), the Administrator shall provide for public 
        review and comment.
            ``(4) Interim actions.--The Administrator shall, as 
        expeditiously as practicable, and in coordination with the 
        appropriate officials of affected State and local governments, 
        take such actions as are necessary and appropriate to prevent 
        the further degradation of water and sediment quality of a 
        priority marine water.
            ``(5) Duties of the administrator.--Not later than 1 year 
        after the Administrator lists a priority marine water pursuant 
        to this subsection, the Administrator shall--
                    ``(A) prepare and publish an overview and 
                assessment of environmental conditions in the priority 
                marine water;
                    ``(B) review the water and sediment quality 
                standards for the priority marine water and make 
                recommendations to the appropriate official of the 
                State concerning any needed revisions and additions to 
                the standards;
                    ``(C) identify and describe the principal point 
                sources of discharges to the priority marine water 
                (including industrial discharges to the publicly owned 
                treatment works discharging to the water) and make 
                recommendations to the authority that issues permits 
                concerning the issuance or reissuance of permits 
                pursuant to section 402 and concerning individual 
                control mechanisms;
                    ``(D) identify and describe the principal nonpoint 
                sources of pollution that affect the priority marine 
                water and make recommendations to the appropriate 
                official of the State agency that implements an 
                approved plan pursuant to section 319 concerning 
                necessary and appropriate interim actions; and
                    ``(E) consider the implementation of prohibitions 
                pursuant to sections 312(f)(4) and 404(c).
            ``(6) Notification by administrator.--The Administrator 
        shall notify the appropriate official of a department or agency 
        of the Federal Government or of a State or local government of 
        any interim action carried out pursuant to this subsection.
            ``(7) Final agency action.--The identification and listing 
        of a water pursuant to the requirements of this subsection 
        shall constitute a final agency action.''.
    (e) Conforming Amendment.--Section 301(a) (33 U.S.C. 1311(a)) is 
amended by inserting ``403,'' before ``and 404''.

SEC. 806. COMBINED SEWER OVERFLOW CONTROL ASSISTANCE.

    (a) In General.--The Secretary of the Army (referred to in this 
section as the ``Secretary''), acting through the Chief of Engineers of 
the Department of the Army, is authorized to enter into local 
cooperation agreements to provide financial assistance to local 
governments for the construction of facilities for the control of 
overflows from combined storm and sanitary sewers to marine waters.
    (b) Project Identification.--
            (1) Application.--Any municipality with a plan for the 
        control of combined sewer overflows to marine waters that has 
        been approved by the Administrator of the Environmental 
        Protection Agency (referred to in this section as the 
        ``Administrator'') as consistent with the requirements of 
        section 402(q) of the Federal Water Pollution Control Act (33 
        U.S.C. 1342(q)) may submit to the Secretary an application for 
        assistance under this section.
            (2) Review of application.--The Secretary shall, with the 
        cooperation and concurrence of the Administrator, review the 
        applications submitted pursuant to paragraph (1) and rank the 
        applications. In ranking the applications, the Secretary shall 
        give equal weight to--
                    (A) the potential for the project to protect public 
                health and the environment; and
                    (B) the financial burden on a community as a result 
                of the high costs of the project or the lack of 
                alternative Federal, State, or local funding sources.
            (3) Priority.--Notwithstanding paragraph (2), the Secretary 
        shall give priority to any application made pursuant to 
        paragraph (1) that would implement the recommendations of a 
        comprehensive conservation and management plan approved by the 
        Administrator pursuant to section 320 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330).
    (c) Project Assistance.--
            (1) Non-federal share.--Except as provided in paragraph 
        (3), the non-Federal sponsor of a project that receives 
        assistance under this section shall provide a non-Federal share 
        in an amount equal to not less than 25 percent of the cost of 
        the project.
            (2) Credit for certain nonmonetary contributions.--An 
        amount equal to the value of any land, easement, right-of-way, 
        or reallocation provided for the project by a non-Federal 
        sponsor shall be credited to the non-Federal share referred to 
        in paragraph (1), except that any amount credited pursuant to 
        this paragraph may not exceed 25 percent of the cost of the 
        project.
            (3) Operation and maintenance costs.--The non-Federal share 
        of the operation and maintenance costs of a project assisted 
        pursuant to this section shall be 100 percent.
    (d) Planning Requirements.--
            (1) In general.--The Secretary may not enter into a local 
        cooperation agreement under this section unless the Secretary, 
        in consultation with the Administrator, has determined that the 
        project--
                    (A) is consistent with plans developed pursuant to 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    (B) will not result in the violation of any 
                provision of such Act.
            (2) Review.--The Secretary, in cooperation with the 
        Administrator, shall review each application submitted pursuant 
        to subsection (b) to determine whether the project that is the 
        subject of the application will achieve such controls of 
        combined sewer overflows as are required under applicable 
        requirements of law at the lowest possible cost. The Secretary 
        may not enter into a local cooperation agreement under this 
        section unless the Secretary has determined pursuant to this 
        paragraph that the cost of the project that is the subject of 
        the agreement is the lowest possible cost.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 1994 through 2000, to remain available until 
expended.

SEC. 807. COASTAL BEACH WATER QUALITY MONITORING.

    Title IV (33 U.S.C. 1341 et seq.) is amended by adding at the end 
the following new section:

                ``coastal beach water quality monitoring

    ``Sec. 406. (a) Monitoring.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this section, the Administrator shall publish 
        regulations specifying methods to be used by States to monitor 
        coastal recreation waters in a cost-effective manner during 
        periods of use by the public to assess compliance with 
        applicable water quality standards for those waters and 
        protection of the public safety. The Administrator shall use 
        negotiated rulemaking procedures provided for under subchapter 
        III of chapter 5 of title 5, United States Code, to develop the 
        regulations.
            ``(2) Requirements.--The monitoring requirements 
        established pursuant to this subsection shall, at a minimum, 
        specify--
                    ``(A) the frequency of monitoring based on the 
                periods of recreational use of the waters;
                    ``(B) the frequency of monitoring based on the 
                extent and degree of use during the periods;
                    ``(C) the frequency of monitoring based on the 
                proximity of coastal recreation waters to pollution 
                sources;
                    ``(D) methods for detecting short-term increases in 
                pathogens in coastal recreation waters; and
                    ``(E) the conditions and procedures under which 
                discrete areas of coastal recreation waters may be 
                exempted by the Administrator from the monitoring 
                requirements of this subsection, if the Administrator 
                determines that an exemption will not impair--
                            ``(i) compliance with the applicable water 
                        quality standards for those waters; and
                            ``(ii) the protection of the public safety.
    ``(b) Notification Requirements.--The regulations published 
pursuant to subsection (a) shall require States to notify local 
governments and the public of violations of applicable water quality 
standards for State coastal recreation waters. Each notification made 
pursuant to this subsection shall include, at a minimum--
            ``(1) prompt communication of the occurrence, nature, and 
        extent of the violation, to a designated official of a local 
        government having jurisdiction over land adjoining the coastal 
        recreation waters for which a violation is identified; and
            ``(2) the posting of signs, for the period during which the 
        violation continues, that are sufficient to give notice to the 
        public of a violation of an applicable water quality standard 
        for the waters and the potential risks associated with body 
        contact recreation in the waters.
    ``(c) Floatables Monitoring Procedures.--The Administrator shall--
            ``(1) issue guidance on uniform assessment and monitoring 
        procedures for floatables in coastal recreation waters; and
            ``(2) specify the conditions under which the presence of 
        floatables shall constitute a threat to public health and 
        safety.
    ``(d) Delegation of Responsibility.--A State may delegate 
responsibility for the monitoring and posting of coastal recreation 
waters pursuant to this section to local government authorities.
    ``(e) Review and Revision of Regulations.--
            ``(1) In general.--The Administrator shall periodically 
        review and revise the regulations issued pursuant to this 
        section.
            ``(2) Revised water quality criteria.--Not later than 1 
        year after the date of publication of revised water quality 
        criteria for coastal recreation waters by the Administrator 
        pursuant to section 304(a)(14), the Administrator shall review 
        and revise the regulations issued pursuant to this section.
    ``(f) Grants to States.--
            ``(1) Grants.--The Administrator may make grants to States 
        for use in fulfilling requirements established pursuant to this 
        section.
            ``(2) Cost sharing.--The total amount of grants made to a 
        State under this section for a fiscal year shall not exceed 50 
        percent of the cost to the State of carrying out requirements 
        established pursuant to this section.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the Environmental Protection 
        Agency, for use by the Administrator in making grants to States 
        pursuant to this subsection, an amount not to exceed $3,000,000 
        for each of fiscal years 1995 through 2000.
    ``(g) Research Program.--The Administrator, in cooperation with the 
Under Secretary, shall conduct a 4-year research program to provide 
additional information to the then current base of knowledge for use 
for developing better indicators for directly detecting in coastal 
recreation waters the presence of bacteria and viruses that are harmful 
to human health. The research program shall identify--
            ``(1) the need for additional numerical limits or 
        conditions and other actions needed to improve the quality of 
        coastal recreation waters;
            ``(2) the quantities and types of floatables in coastal 
        waters (including coastal recreation waters) and of recent 
        trends in the quantities and types of the floatables; and
            ``(3) efforts by States and other responsible parties to 
        carry out programs to protect public health and the quality of 
        coastal recreation waters.
    ``(h) Coastal Recreation Waters Defined.--As used in this section, 
the term `coastal recreation waters' shall have the same meaning as is 
provided the term in section 304(a)(14)(B).''.

SEC. 808. MARINE WATERS REPORT TO CONGRESS.

    Subsection (c) of section 516 (33 U.S.C. 1375(c)) is amended to 
read as follows:
    ``(c) Marine Waters Report to Congress.--
            ``(1) In general.--The Administrator, in consultation with 
        the Under Secretary, shall, not later than 4 years after the 
        date of enactment of the Water Pollution Prevention and Control 
        Act of 1994 submit to Congress a report on the condition of 
        marine waters and the effectiveness of the existing programs to 
        protect coastal water quality.
            ``(2) Report.--The report submitted pursuant to paragraph 
        (1) shall--
                    ``(A) identify the responsibilities of various 
                Federal agencies with respect to the assessment and 
                protection of marine waters (including funds available 
                to the agencies to carry out the programs of the 
                agencies);
                    ``(B) describe the overall health and environmental 
                condition of marine waters, including impairments of 
                water quality standards, and any trends in the 
                conditions referred to in this subparagraph;
                    ``(C) identify the extent of any threats to human 
                health associated with marine environmental conditions 
                and human consumption of shellfish, or fish caught by 
                recreational or subsistence fishers;
                    ``(D) identify contaminants in marine waters that 
                pose significant threats to public health or the 
                protection of a balanced, indigenous population of 
                fish, shellfish, and wildlife and recreation in and on 
                the waters that are not addressed by a criterion 
                pursuant to section 304(a) or an effluent guideline 
                pursuant to sections 301 and 304;
                    ``(E) assess the status of management conferences 
                convening under section 320 and evaluate the 
                effectiveness of plans developed by management 
                conferences in protecting water quality;
                    ``(F) identify, evaluate, and quantify the economic 
                impacts of degradation in the quality of marine waters 
                (including degradation attributable to floatables); and
                    ``(G) make such recommendations for the improvement 
                of programs for the protection of marine water quality, 
                including recommended changes to appropriate Federal 
                laws, as the Administrator determines to be 
                appropriate.
            ``(3) Public comment.--In developing the report under 
        paragraph (1), the Administrator shall consult with appropriate 
        officials of States and the public concerning methods by which 
        the policies, programs, and activities of Federal agencies may 
        be implemented to reduce degradation in marine waters.''.

SEC. 809. DEFINITIONS.

    (a) New Definitions.--Section 502 (33 U.S.C. 1362), as amended by 
section 702(a)(2), is further amended by adding at the end the 
following new paragraphs:
            ``(23) Estuarine zone and estuary.--The terms `estuarine 
        zone' and `estuary' have the meanings provided the terms in 
        section 104(n)(4), except that the terms shall also include 
        associated aquatic ecosystems and the tributaries that drain 
        into the estuary up to the historic height of tidal influence.
            ``(24) Floatables.--The term `floatables' means marine 
        debris that floats or remains suspended in the water column, 
        including plastic, aluminum cans, wood, bottles, and paper 
        products.
            ``(25) Marine water.--The term `marine water' means any 
        estuary, water of the estuarine zone, any other water seaward 
        of the historic height of tidal influence, the territorial sea, 
        the contiguous zone, and the ocean.
            ``(26) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Oceans and Atmosphere who 
        serves as the Administrator of the National Oceanic and 
        Atmospheric Administration.''.
    (b) Existing Definition.--Section 320 (33 U.S.C. 1330) is amended 
by striking subsection (k).

                    TITLE IX--INNOVATIVE TECHNOLOGY

SEC. 901. TECHNOLOGY DEVELOPMENT.

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

                        ``technology development

    ``Sec. 105. (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 or aquatic habitat 
degradation or loss.
    ``(b) Grant Assistance.--
            ``(1) In general.--The Administrator may provide grants to 
        and enter into cooperative agreements with public agencies and 
        authorities and nonprofit organizations and institutions, and 
        enter into 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--
                            ``(i) a new or significantly improved 
                        practice, method, technology, or process; or
                            ``(ii) 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 (unless the duplication is appropriate to 
                demonstrate the effectiveness of the practice, method, 
                technology, or process under different conditions, 
                including different climates or types of wastewater);
                    ``(C) the demonstration project meets the 
                requirements of this section and serves the purposes of 
                this Act;
                    ``(D) the demonstration of the practice, method, 
                technology, or process will comply with any National 
                Pollutant Discharge Elimination System permit issued to 
                a person under section 402 for the source that is the 
                subject of the demonstration project (except that the 
                Administrator (or the State, in the case of a State 
                with the authority to issue permits under such section) 
                may modify the permit for the purpose of the 
                demonstration pursuant to a waiver granted under 
                section 301(k)); and
                    ``(E)(i) in the case of a contract, 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 or through a cooperative 
                agreement, the practice, method, technology, or process 
                is not likely to receive adequate financial assistance 
                from other sources.
            ``(3) 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 prevent, 
                control, or treat point or nonpoint sources of 
                pollutants, or contaminants in sediment or sludge, that 
                may impair water quality or present a risk to human 
                health, aquatic life, wildlife, or the environment.
                    ``(B) The potential of the proposed practice, 
                method, technology, or process to effect reductions in 
                water pollution that constitute source reduction (as 
                defined in section 6603(5) of the Pollution Prevention 
                Act of 1990 (42 U.S.C. 13102(5))) or resource recovery.
                    ``(C) The capability of the applicant to 
                successfully complete the demonstration project as 
                described in the application.
                    ``(D) 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).
                    ``(E) The extent of financial support from the 
                applicant to accomplish the demonstration as described 
                in the application.
                    ``(F) 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.
            ``(4) 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.
            ``(5) Agreement.--
                    ``(A) In general.--Each applicant selected to 
                conduct a demonstration project under this subsection 
                shall be required, as a condition of receiving funds 
                made available under this subsection, to enter into an 
                agreement with the Administrator to provide for 
                monitoring, testing procedures, quality control, and 
                such other measurements as are necessary to evaluate 
                the results of demonstration projects.
                    ``(B) Data collection and analysis.--If, with 
                respect to a demonstration project, the Administrator 
                determines that data collection and analysis of the 
                practice, method, technology, or process is more 
                appropriately conducted by a person other than the 
                applicant, the Administrator may award a separate 
                contract for the data collection and analysis portion 
                of the project using funds made available under this 
                section.
            ``(6) Program implementation.--In carrying out the program 
        established under subsection (a), the Administrator shall 
        develop--
                    ``(A) appropriate procedures to identify and 
                solicit comment and advice, with respect to the 
                selection and evaluation of demonstration projects, 
                from interested and affected parties, including--
                            ``(i) State, local, and tribal officials 
                        and citizens;
                            ``(ii) experts from the private sector;
                            ``(iii) nongovernmental organizations; and
                            ``(iv) academic institutions; and
                    ``(B) procedures for the protection of intellectual 
                property rights.
            ``(7) Cost-sharing.--
                    ``(A) Federal share.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Federal share for a 
                        demonstration project under this section shall 
                        not exceed 75 percent of the total cost of the 
                        project.
                            ``(ii) 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.
                    ``(B) Non-federal share for public agencies and 
                authorities.--
                            ``(i) In general.--In the case of a grant 
                        made to a public agency or authority for a 
                        demonstration project under this subsection, 
                        all or part of the non-Federal share may be 
                        derived from a loan from a State water 
                        pollution control revolving fund established 
                        under title VI.
                            ``(ii) Reimbursement.--For each 
                        demonstration project under this subsection, 
                        the Administrator shall deposit an amount not 
                        to exceed 25 percent of the total cost of the 
                        project in an account managed by the 
                        Administrator, or an independent authority 
                        contracted with by the Administrator, to 
                        provide funds adequate for reimbursement of the 
                        local share of each failed demonstration 
                        project, taking into consideration historical 
                        rates of failure for innovative technology and 
                        the expected liability of the demonstration 
                        projects.
                            ``(iii) Excess funds.--At the expiration of 
                        the demonstration period of a project, but in 
                        no case later than 5 years after the initiation 
                        of the project, the Administrator shall use the 
                        funds deposited in the account established 
                        under clause (ii) to fund other demonstration 
                        projects if either the Administrator has not 
                        declared the project a failure or the public 
                        agency or authority responsible for the project 
                        has made no claim for reimbursement of the 
                        local share of the project cost.
    ``(c) Federal Facilities Innovative Pollution Prevention and 
Control.--As part of the program established under subsection (a), the 
Administrator may enter into cooperative agreements with State 
permitting authorities, and the managers of Federal facilities, for the 
demonstration of innovative and alternative approaches for the 
prevention and control of point and nonpoint sources of water pollution 
at properties owned by a department, agency, or instrumentality of the 
Federal Government and located in the United States.
    ``(d) Demonstration of Innovative Mine Water Prevention and Control 
Technologies.--
            ``(1) Establishment.--As part of the program established 
        under subsection (a), the Administrator, in cooperation with 
        the heads of other Federal and State agencies, shall request, 
        evaluate, and select proposals for funding agreements for 
        projects to demonstrate comprehensive and innovative 
        technologies for the prevention, control, or remediation of 
        acid, metal-contaminated, or other mine water pollution 
        (including leachate from mine tailings) that results from 
        active, inactive, or abandoned hard rock mining operations. The 
        projects shall demonstrate the engineering and economic 
        feasibility and practicability of the technologies.
            ``(2) List of candidate sites.--The Administrator, in 
        cooperation with the heads of other Federal and State agencies, 
        shall identify, list, and rank active, inactive, and abandoned 
        mine sites, including federally owned sites, that are 
        representative of common mine water pollution problems in hard 
        rock mining, as candidate sites for demonstrating innovative 
        technologies described in paragraph (1).
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Environmental Protection Agency to carry out subsections 
        (a), (b), and (c) $20,000,000 for each of fiscal years 1995 
        through 2000.
            ``(2) Demonstration of innovative mine water prevention and 
        control technologies.--There are authorized to be appropriated 
        to carry out demonstration projects and basic research under 
        subsection (d) $10,000,000 for each of fiscal years 1995 
        through 2000.''.

SEC. 902. INNOVATIVE PRODUCTION PROCESSES, TECHNOLOGIES, AND METHODS.

    Subsection (k) of section 301 (33 U.S.C. 1311(k)) is amended to 
read as follows:
    ``(k) Innovative Production Processes, Technologies, and Methods.--
            ``(1) Point sources.--
                    ``(A) In general.--The Administrator (or the State, 
                in consultation with the Administrator, 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 point source is located and after notice and 
                opportunity for comment, temporarily waive any permit 
                limitation applicable to a point source that is the 
                subject of 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, pollution 
                prevention process, or recycling method that has the 
                potential to--
                            ``(i) result in an effluent reduction 
                        significantly greater than that required by the 
                        limitation otherwise applicable;
                            ``(ii) promote the national goal of 
                        eliminating the discharge of all pollutants; or
                            ``(iii) result in significantly lower costs 
                        than processes, technologies, and methods that 
                        the Administrator has determined to be the best 
                        economically achievable for the source.
                    ``(B) Waiver.--A waiver referred to in subparagraph 
                (A) shall include alternative limitations applicable 
                during the temporary waiver period that--
                            ``(i) ensure that water quality standards 
                        applicable to the waters receiving any 
                        discharge from the point source are not 
                        exceeded; and
                            ``(ii) provide for the protection of human 
                        health and the environment.
                    ``(C) Requirements for waiver.--The Administrator 
                may grant a waiver under this paragraph only if the 
                Administrator finds that--
                            ``(i) the innovative process, technology, 
                        or method that is the subject of the waiver has 
                        not been adequately demonstrated;
                            ``(ii) the innovative process, technology, 
                        or method has not previously failed to operate 
                        effectively or to meet any limitation otherwise 
                        applicable; and
                            ``(iii) the owner of the point 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 subparagraph (B) are not exceeded.
                    ``(D) Period of waiver.--
                            ``(i) In general.--
                                    ``(I) Necessary period.--Subject to 
                                subclause (II), the period of a waiver 
                                granted under this paragraph shall not 
                                exceed the period necessary to 
                                determine whether the innovative 
                                process, technology, or method would, 
                                in commercial operation, meet the 
                                limitations referred to in subparagraph 
                                (A) that would otherwise apply to the 
                                point source that is the subject of the 
                                waiver.
                                    ``(II) Maximum period.--The period 
                                of the waiver shall not exceed 90 days, 
                                unless the Administrator extends the 
                                period for an additional 90-day period.
                            ``(ii) Termination.--The Administrator or 
                        the State in which the point source is located 
                        may at any time terminate a waiver granted 
                        under this paragraph, if the Administrator or 
                        the State determines that the innovative 
                        process, technology, or method that is the 
                        subject of the waiver--
                                    ``(I) has failed to achieve an 
                                effluent reduction at least equivalent 
                                to the reduction required by a 
                                limitation referred to in subparagraph 
                                (A) that would otherwise apply; or
                                    ``(II) has exceeded any limitation 
                                in the waiver established pursuant to 
                                subparagraph (B).
                    ``(E) Number of waivers.--The number of waivers 
                granted under this paragraph may not exceed the number 
                necessary to demonstrate the effectiveness of the 
                process, technology, or method in meeting the 
                objectives specified in subparagraph (A). No waiver 
                granted under this paragraph shall apply to any 
                limitation in a permit that is not directly related to 
                the operation and testing of the innovative process, 
                technology, or method.
            ``(2) Nonpoint sources.--As part of a State management 
        program that is approved by the Administrator under section 
        319(d), a source of nonpoint water pollution, including an 
        agricultural source, that is located in the delineated area of 
        a water listed pursuant to section 319(a)(1) may implement a 
        site-specific water quality plan pursuant to section 319(f), in 
        lieu of implementing the management measures described in 
        section 319(c), in order to encourage the development or 
        testing of an innovative practice or technology that--
                    ``(A) meets the requirements specified for site-
                specific water quality plans under section 319(f); and
                    ``(B) has the potential to result in--
                            ``(i) a significantly greater reduction of 
                        nonpoint pollution than the reduction required 
                        by the otherwise applicable management measures 
                        described in section 319(c); or
                            ``(ii) significantly lower costs than the 
                        otherwise applicable management measures 
                        described in section 319(c).''.

SEC. 903. INNOVATIVE PRETREATMENT.

    Subsection (e) of section 307 (33 U.S.C. 1317(e)) is amended to 
read as follows:
    ``(e) Innovative Pretreatment.--
            ``(1) In general.--In the case of any facility in existence 
        on February 4, 1987, that proposes to comply with the national 
        categorical pretreatment standards developed under subsection 
        (b) by applying an innovative production process, pollution 
        control technology, pollution prevention process, or recycling 
        method that meets the requirements of section 301(k), the 
        control authority (as defined in section 403.12(a) of title 40, 
        Code of Federal Regulations, as in effect on the date of 
        enactment of the Water Pollution Prevention and Control Act of 
        1994) may waive the requirement for compliance with the 
        applicable national categorical pretreatment standard 
        established under this section--
                    ``(A) if the Administrator determines that--
                            ``(i) the innovative process, technology, 
                        or method that is the subject of the waiver has 
                        not been adequately demonstrated commercially 
                        in the category or subcategory of the industry 
                        of the applicant;
                            ``(ii) the innovative process, technology, 
                        or method has not previously failed to--
                                    ``(I) operate effectively; or
                                    ``(II) meet any limitation that 
                                otherwise applies; and
                            ``(iii) the owner of the source will 
                        conduct such tests and monitoring during the 
                        period of the waiver as are necessary to ensure 
                        that--
                                    ``(I) the waiver does not cause or 
                                contribute to a violation by the 
                                publicly owned treatment works of a 
                                permit granted to the treatment works 
                                under section 402 or a violation of 
                                section 405; and
                                    ``(II) the alternative limitations 
                                established pursuant to paragraph (2) 
                                will not be exceeded; and
                    ``(B) if the Administrator (or the State in 
                consultation with the Administrator, in any case in 
                which the State has a pretreatment program approved by 
                the Administrator)--
                            ``(i) determines that the proposed 
                        extension will not cause the publicly owned 
                        treatment works to be in violation of a permit 
                        granted to the treatment works under section 
                        402 or in violation of section 405, or to 
                        contribute to such a violation; and
                            ``(ii) concurs with the proposed extension.
            ``(2) Alternative standards.--A waiver granted pursuant to 
        paragraph (1) shall include alternative standards that shall--
                    ``(A) apply during the temporary period of the 
                waiver; and
                    ``(B) ensure that the facility that is the subject 
                of the waiver meets all applicable pretreatment 
                standards and requirements.
            ``(3) Period; termination.--
                    ``(A) Period.--The period of a waiver granted 
                pursuant to paragraph (1) may not exceed the period 
                necessary to determine whether the innovative process, 
                technology, or method would, in commercial operation, 
                meet the standards referred to in paragraph (1) that 
                would otherwise apply to the facility that is the 
                subject of the waiver, and may not exceed 90 days, 
                unless the Administrator extends the period for an 
                additional 90 days.
                    ``(B) Termination.--A control authority that grants 
                a waiver pursuant to this subsection may, at any time 
                after granting the waiver, terminate the waiver if the 
                innovative process, technology, or method that is the 
                subject of the waiver--
                            ``(i) fails to achieve an effluent 
                        reduction that is at least equivalent to the 
                        reduction required by a standard referred to in 
                        paragraph (1) that would otherwise apply; and
                            ``(ii) exceeds an applicable standard 
                        established pursuant to paragraph (2) included 
                        in the waiver.
            ``(4) Limitations.--
                    ``(A) Number.--The number of waivers granted under 
                this subsection for a specific production process, 
                pollution control technology, pollution prevention 
                process, or recycling method may not exceed the number 
                necessary to demonstrate the effectiveness of the 
                process, technology, or method in meeting the 
                objectives specified in paragraph (1).
                    ``(B) Direct relationship.--No waiver granted under 
                this subsection shall apply to a standard that is not 
                directly related to the operation and testing of an 
                innovative process, technology, or method.''.

SEC. 904. VERIFICATION OF INNOVATIVE TECHNOLOGIES.

    Section 114 (33 U.S.C. 1264) is amended to read as follows:

   ``verification of innovative water pollution control technologies

    ``Sec. 114. (a) Establishment.--The Administrator shall establish a 
program to verify, evaluate, and disseminate--
            ``(1) performance and cost information on technologies, 
        processes, techniques, and management measures, including 
        source reduction methods and technologies, appropriate for 
        controlling water pollution and meeting any of the standards or 
        measures required under sections 121, 301, 303, 304, 306, 307, 
        319, and 402 (collectively referred to in this section as 
        `applicable requirements'); and
            ``(2) information on the properties and toxicity of 
        chemicals that could be used as substitutes for the chemicals 
        covered under subsections (a) and (f) of section 307 
        (collectively referred to in this section as `alternative 
        chemicals').
    ``(b) Functions.--As part of the program established under this 
section, the Administrator shall--
            ``(1) accept applications from the public to verify and 
        evaluate cost and performance characteristics of environmental 
        technologies and alternative chemicals;
            ``(2) develop appropriate protocols to verify the quality 
        and credibility of cost and performance data submitted by 
        applicants;
            ``(3) subject to the guidelines established under 
        subsection (c), evaluate cost and performance data--
                    ``(A) in the case of environmental technologies, 
                relative to applicable requirements; and
                    ``(B) in the case of alternative chemicals, 
                relative to the toxicity and risk as compared to the 
                toxicity and risk of the chemicals covered under 
                subsections (a) and (f) of section 307; and
            ``(4) list and disseminate information regarding 
        environmental technologies and alternative chemicals verified 
        and evaluated under the guidelines established under subsection 
        (c).
    ``(c) Guidelines.--
            ``(1) In general.--The Administrator shall, after notice 
        and opportunity for public comment, issue guidelines for the 
        operation of the program established under this section.
            ``(2) Description.--The guidelines shall include--
                    ``(A) criteria for designating the eligibility of 
                applicants to the program established under this 
                section;
                    ``(B) application requirements and procedures for 
                submitting data for verification;
                    ``(C) general criteria for the evaluation of 
                environmental technologies, including the ability of a 
                technology to--
                            ``(i) meet the performance criteria of any 
                        applicable requirement under tested conditions 
                        with additional source reduction, control, or 
                        remediation benefits as compared to the 
                        technology evaluated to establish the 
                        applicable requirement;
                            ``(ii) meet the performance criteria of any 
                        applicable requirement under tested conditions 
                        at a comparable or lower cost than the 
                        estimated cost of the technology evaluated to 
                        establish the applicable requirement; or
                            ``(iii) constitute a significant advance in 
                        the development of environmental technology 
                        with broad applicability;
                    ``(D) general criteria for the verification and 
                evaluation of information submitted for alternative 
                chemicals, including the ability of a chemical to 
                fulfill the performance characteristics of a chemical 
                covered under subsection (a) or (f) of section 307 with 
                less toxicity and risk to human health or the 
                environment;
                    ``(E) a schedule of fees for applications to cover 
                the costs of the program, including--
                            ``(i) lower fees for each applicant that is 
                        recognized as a small business concern under 
                        section 3(a) of the Small Business Act (15 
                        U.S.C. 632(a)) or that is a nonprofit group, 
                        institution of higher education, or State or 
                        local government entity; and
                            ``(ii) lower fees for each application to 
                        verify an environmental technology that 
                        provides source reduction (as defined in 
                        section 6603(5) of the Pollution Prevention Act 
                        of 1990 (42 U.S.C. 13102(5))); and
                    ``(F) such other provisions as the Administrator 
                may consider appropriate.
    ``(d) Reporting of Technology.--
            ``(1) In general.--In the case of a technology or 
        alternative chemical that the Administrator verifies and 
        evaluates in accordance with the guidelines established under 
        subsection (c), the Administrator shall publish the results of 
        the evaluation and a nonproprietary description of the 
        evaluated technology or alternative chemical and disseminate 
        the information.
            ``(2) List.--The Administrator shall establish and, as 
        appropriate, update a list of technologies and alternative 
        chemicals verified and evaluated under the program established 
        by this section. The list and appropriate accompanying 
        information shall be made available to State permitting 
        authorities and entities covered by applicable requirements.
    ``(e) Evaluation Deadline.--Each evaluation conducted under the 
program established under this section shall be completed, and the 
applicant notified of the results, not later than 180 days after the 
receipt of a complete application.
    ``(f) No Revision of Regulations.--Nothing in this section shall be 
construed, interpreted, or applied in any manner to revise any 
regulation or release a person subject to any regulation from the duty 
to comply with the regulation.
    ``(g) Judicial Review.--
            ``(1) Effect of verification, evaluation, or listing.--The 
        verification, evaluation, or listing of a technology or 
        alternative chemical under the program established under this 
        section shall not--
                    ``(A) constitute a final action by the 
                Administrator; and
                    ``(B) be subject to judicial review.
            ``(2) Failure to comply.--
                    ``(A) Technologies.--If a technology verified, 
                evaluated, and listed under the program established 
                under this section fails to result in compliance with 
                any applicable requirement, the verification, 
                evaluation, and listing shall not constitute a defense 
                in an enforcement action or citizen suit and shall not 
                create a cause of action against the Environmental 
                Protection Agency.
                    ``(B) Alternative chemicals.--If an alternative 
                chemical verified, evaluated, and listed under the 
                program established under this section fails to 
                adequately perform as a substitute for a chemical 
                covered under subsection (a) or (f) of section 307, the 
                verification, evaluation, and listing shall not 
                constitute a defense in an enforcement action or 
                citizen suit and shall not create a cause of action 
                against the Environmental Protection Agency.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 1995 through 1997.''.

SEC. 905. SMALL BUSINESS SOURCE ASSISTANCE PROGRAM.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 609(b), is 
further amended by adding at the end the following new section:

               ``small business source assistance program

    ``Sec. 123. (a) State Program.--
            ``(1) Submission of plan.--Each State may, after reasonable 
        notice and public hearings, prepare and submit to the 
        Administrator a plan for establishing a program to assist small 
        business sources of water pollution.
            ``(2) Approval by the administrator.--The Administrator 
        shall approve a program for which a plan is submitted under 
        paragraph (1) if the program includes--
                    ``(A) adequate mechanisms for developing, 
                collecting, coordinating, and disseminating information 
                concerning compliance methods and technologies for 
                small business sources, and programs to encourage 
                lawful cooperation among the sources and other persons 
                to further compliance with this Act;
                    ``(B) adequate mechanisms for assisting small 
                business sources with pollution prevention, including 
                providing information concerning alternative and new 
                technologies, process changes, recycling, and other 
                methods of operation that help reduce water pollution;
                    ``(C) adequate mechanisms to ensure that each small 
                business source receives notice of the rights and 
                obligations of the source under this Act in such manner 
                and form as to ensure reasonably adequate time for the 
                source to evaluate compliance methods and any relevant 
                or applicable proposed or final regulation or standard 
                under this Act or relevant law, regulation, or policy 
                of a State;
                    ``(D) a compliance assistance program for small 
                business sources to assist small business sources in 
                determining applicable requirements and in obtaining 
                permits under this Act in a timely and efficient 
                manner;
                    ``(E) adequate mechanisms for informing small 
                business sources of the obligations of the sources 
                under this Act, including mechanisms for--
                            ``(i) referring the sources to qualified 
                        auditors and relevant local and national trade 
                        associations; or
                            ``(ii) at the option of the State, 
                        providing audits of the operation of the 
                        sources to determine compliance with this Act; 
                        and
                    ``(F) a designated office within the relevant State 
                agency to serve as an ombudsman for small business 
                sources in connection with the implementation of this 
                Act.
            ``(3) Coordination.--In carrying out a small business 
        source program established under this section, a State--
                    ``(A) shall coordinate the program with the small 
                business technical assistance program for pollution 
                prevention established by the Administrator under 
                section 6604(c) of the Pollution Prevention Act of 1990 
                (42 U.S.C. 13103(c)); and
                    ``(B) may--
                            ``(i) consolidate the implementation of the 
                        program with the small business stationary 
                        source technical and environmental compliance 
                        assistance program of the State established 
                        under section 507 of the Clean Air Act (42 
                        U.S.C. 7661f), or any other program established 
                        by the State to provide technical and 
                        compliance environmental assistance, in order 
                        to realize economic savings and to implement a 
                        multimedia approach to small business technical 
                        and environmental compliance assistance; and
                            ``(ii) work with other small business 
                        extension programs (including the Manufacturing 
                        Technology Centers administered by the National 
                        Institute of Standards and Technology of the 
                        Department of Commerce and the Small Business 
                        Development Centers established under section 
                        21 of the Small Business Act (15 U.S.C. 648)) 
                        to coordinate the program established under 
                        this section with the technical and 
                        environmental compliance assistance provided by 
                        the other programs.
    ``(b) Agency Program.--
            ``(1) In general.--Not later than 9 months after the date 
        of enactment of this section, the Administrator shall establish 
        a small business source assistance program within the Office of 
        Small and Disadvantaged Business Utilization of the 
        Environmental Protection Agency. The Administrator shall 
        coordinate the program with the small business stationary 
        source technical and environmental compliance assistance 
        program established under section 507(b) of the Clean Air Act 
        (42 U.S.C. 7661f(b)).
            ``(2) Elements of program.--In carrying out the program 
        established under this subsection, the Administrator shall--
                    ``(A) assist States in the development of the 
                program described in subsection (a);
                    ``(B) to the maximum extent practicable prior to 
                the issuance of regulations that will affect small 
                business sources, issue guidance for the use of States 
                in the implementation, with respect to small business 
                sources, of the programs established under this Act 
                that concern alternative control technologies and 
                pollution prevention methods; and
                    ``(C) work with the Small Business Administration 
                and the Department of Commerce to expand environmental 
                assistance for small businesses, including assistance 
                concerning the availability of capital for funding 
                environmental investments.
    ``(c) Eligibility.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        small business source shall be eligible for assistance under 
        this section if the source--
                    ``(A) is owned or operated by a person that employs 
                100 or fewer individuals; and
                    ``(B) is recognized as a small business concern 
                under section 3(a) of the Small Business Act (15 U.S.C. 
                632(a)).
            ``(2) Exclusions.--The State, in consultation with the 
        Administrator and after providing notice and opportunity for 
        public hearing, may exclude from eligibility under this section 
        any category or subcategory of small business sources that the 
        State determines has sufficient technical and financial 
        capabilities to meet the requirements of this Act without 
        assistance under this section.''.

               TITLE X--INTERSTATE WATER QUALITY PROGRAMS

SEC. 1001. GULF OF MEXICO.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 905, is 
further amended by adding at the end the following new section:

                            ``gulf of mexico

    ``Sec. 124. (a) Definitions.--As used in this section (unless the 
context implies otherwise):
            ``(1) Commission.--The term `Commission' means the Gulf of 
        Mexico Commission established under subsection (c).
            ``(2) Committee.--The term `Committee' means the Gulf of 
        Mexico Management and Policy Review Committee established under 
        subsection (d).
            ``(3) Federal agency.--The term `Federal Agency' means the 
        Environmental Protection Agency, the Army Corps of Engineers, 
        the Department of Agriculture, the National Oceanic and 
        Atmospheric Administration of the Department of Commerce, the 
        Department of the Interior, the Department of Transportation, 
        the Food and Drug Administration of the Department of Health 
        and Human Services, and any other Federal agency with 
        jurisdiction over coastal and marine resources.
            ``(4) Gulf of mexico.--The term `Gulf of Mexico' means the 
        Gulf of Mexico and the straits of Florida, and all contiguous 
        bays, estuaries, and beaches.
            ``(5) Gulf states.--The term `Gulf States' means Alabama, 
        Florida, Louisiana, Mississippi, and Texas.
            ``(6) Plan.--The term `Plan' means the Gulf of Mexico 
        Management and Restoration Plan.
            ``(7)  Program.--The term `Program' means the Gulf of 
        Mexico Program.
    ``(b) Gulf of Mexico Program.--
            ``(1) Goals.--The goal of the Gulf of Mexico Program is to 
        protect, restore, and enhance the coastal and marine waters of 
        the Gulf of Mexico and the coastal natural habitats of the 
        Gulf, to sustain living resources, to protect human health and 
        the food supply, and to ensure the recreational use of the Gulf 
        shores, beaches, and waters in ways consistent with the 
        economic well being of the region.
            ``(2) Establishment.--There is established an 
        intergovernmental program, to be known as the `Gulf of Mexico 
        Program', to meet the goal under paragraph (1). The Program 
        shall be headed by a Director, who shall be selected by the 
        President. The Program shall include representation from each 
        Federal agency and each Gulf State. The Environmental 
        Protection Agency shall serve as the lead agency for the 
        program.
            ``(3) Reorganization of existing program.--As soon as 
        practicable after the date of enactment of this section, the 
        Administrator shall reorganize the Program established by the 
        Administrator prior to the date of enactment of this section 
        and known as the `Gulf of Mexico Program' to conform to the 
        requirements of this section.
            ``(4) Agreements.--The Administrator shall enter into an 
        agreement or memorandum of understanding with the head of each 
        Federal agency for the participation of the Federal agency in 
        the activities of the Program. The head of each Federal agency 
        that participates in the Program may enter into such agreements 
        with 1 or more heads of other Federal agencies as are necessary 
        to carry out this section.
            ``(5) Activities.--The activities of the program shall 
        include--
                    ``(A) coordinating activities of Federal agencies 
                and the Gulf States;
                    ``(B) providing administrative and technical 
                support for the Commission and the Committee in 
                carrying out the duties of the Commission and the 
                Committee;
                    ``(C) pursuant to paragraph (4), entering into 
                agreements or memoranda of understanding with the heads 
                of other Federal agencies for the participation of the 
                Federal agencies in the activities of the program;
                    ``(D) assisting in the preparation of the Plan or 
                report to be submitted to Congress under this section; 
                and
                    ``(E) conducting such other activities as are 
                necessary to carry out this section.
            ``(6) Office.--The Program shall maintain an office to 
        house the intergovernmental program effort described in this 
        section. The office shall be located in 1 of the Gulf States.
            ``(7) Budget item.--Any appropriations request submitted to 
        the President pursuant to section 1108 of title 31, United 
        States Code, by the head of a Federal agency that participates 
        in the Program shall request funding for participation in the 
        Program as a separate line item.
    ``(c) Gulf of Mexico Commission.--
            ``(1) Establishment.--The President shall establish a Gulf 
        of Mexico Commission that shall advise and make recommendations 
        to the Program regarding appropriate actions that will promote 
        successful implementation of the goal described in subsection 
        (b)(1). The Commission shall consist of the Governor (or 
        designee of the Governor) of each of the Gulf States, and 2 
        representatives of Federal agencies appointed by the President.
            ``(2) Purpose.--The Commission shall review and make 
        specific recommendations regarding the proposed Management and 
        Restoration Plan developed pursuant to subsection (e) and the 
        implementation and budget of the Plan.
            ``(3) Advisory councils.--The Commission shall establish a 
        Citizens Advisory Council and such other advisory councils as 
        the Commission considers necessary to assist the Program and 
        the Commission in the performance of the duties of the Program 
        and the Commission.
    ``(d) Management and Policy Review Committee.--
            ``(1) In general.--The Commission shall establish a 
        Management and Policy Review Committee.
            ``(2) Membership.--The Committee shall consist of a 
        representative of an environmental agency of each Gulf State 
        appointed by the Governor of each Gulf State, a Federal 
        official from the Environmental Protection Agency, the 
        Department of Agriculture, the Department of Commerce, the 
        Department of the Interior, the Department of Transportation, 
        the Army Corps of Engineers, and the Food and Drug 
        Administration of the Department of Health and Human Services, 
        and the chairperson of the Citizens Advisory Council 
        established under subsection (c)(3).
            ``(3) Duties.--The Committee shall--
                    ``(A) coordinate activities to support the Gulf of 
                Mexico Program;
                    ``(B) coordinate the development and implementation 
                of the Management and Restoration Plan under subsection 
                (e);
                    ``(C) coordinate such other restoration and 
                protection activities as may be requested by the 
                Commission;
                    ``(D) develop a list of prospective annual projects 
                and programs as an eligibility requirement for funding 
                by an agency subject to the approval of the Commission; 
                and
                    ``(E) assist the Commission in the performance of 
                the duties of the Commission, including issuing reports 
                and holding hearings.
    ``(e) Gulf of Mexico Management and Restoration Plan.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Committee, in consultation with 
        the Commission, each advisory committee, and officials of the 
        Federal and agencies of the Gulf States concerning portions of 
        the Plan within the jurisdiction of the agencies, shall develop 
        a Management and Restoration Plan for the Gulf of Mexico.
            ``(2) Purpose.--The Gulf of Mexico Management and 
        Restoration Plan shall promote the Program goal as described in 
        subsection (b)(1), and shall--
                    ``(A) assess the environmental quality of the Gulf, 
                including the status of critical habitats;
                    ``(B) identify significant sources of pollution and 
                activities impacting the environmental quality of the 
                Gulf;
                    ``(C) incorporate actions and measures that will 
                protect, enhance, and restore the environmental quality 
                of the Gulf ecosystem;
                    ``(D) set priorities and schedules for action to be 
                undertaken;
                    ``(E) describe the process and institutional 
                arrangements made among the Federal agencies and State 
                agencies of States and political subdivisions of States 
                that will serve to cooperatively implement the actions 
                and measures of the Plan, including the identification 
                of the governmental agency or other entity responsible 
                for carrying out the particular action or measure; and
                    ``(F) describe a strategy for monitoring the 
                effectiveness of the actions or measures carried out 
                under the Plan.
            ``(3) Public participation.--The Program shall make a 
        reasonable effort to ensure that the public is consulted with 
        respect to actions undertaken pursuant to the development and 
        implementation of the Plan.
            ``(4)  Plan approval.--Not later than 1 year after the date 
        of development of the Plan, and after providing for public 
        review, comment, and appropriate revision of the Plan, the 
        Commission, with the concurrence of the officials of Federal 
        agencies concerning the portions of the Plan within the 
        jurisdiction of the Federal agencies, and with the concurrence 
        of the Gulf States concerning the portions of the plan relating 
        to waters within the jurisdiction of the Gulf States, shall 
        approve the Plan if the Plan meets the requirements of this 
        section and other applicable Federal laws.
            ``(5) Plan review.--The Plan approved under paragraph (4) 
        shall be reviewed, updated, and implemented under the 
        conditions specified in this subsection on the date that is 3 
        years after the date of initial approval, and every 5 years 
        thereafter.
    ``(f) Interim Report.--Not later than 1 year after the date of 
enactment of this section, the Commission shall submit to Congress a 
report describing the environmental quality of the Gulf of Mexico and 
the impact of environmental problems of the Gulf on economic conditions 
and activities. The report shall include--
            ``(1) a description of the information and research 
        available to the Commission concerning the environmental 
        quality of the Gulf;
            ``(2) an inventory of relevant environmental research and 
        monitoring programs;
            ``(3) an identification of any deficiency in information 
        and research needed for the development and implementation of 
        the plan developed pursuant to subsection (e); and
            ``(4) an assessment of the economic importance and 
        contributions of the Gulf of Mexico to the Gulf States and to 
        the United States, and an identification of environmental 
        problems relevant to the Gulf of Mexico that pose a threat to 
        the contributions.
    ``(g)  Grant Program.--
            ``(1)  In general.--The Administrator may, upon approval of 
        an application submitted by a Gulf State or a group of Gulf 
        States, make a grant to the Gulf State or group of Gulf States 
        for the purpose of furthering the development and 
        implementation of the Plan.
            ``(2)  Application requirements.--The Program Office shall 
        establish guidelines regarding the application and submission 
        of a grant under this section, in accordance with applicable 
        Federal grant procedures. The guidelines shall, at a minimum, 
        include the following:
                    ``(A)  Federal share.--The amount of a grant made 
                by the Administrator under this section shall not 
                exceed 50 percent of the amount of funds necessary to 
                carry out the activities for which the grant is 
                awarded.
                    ``(B) Administrative expenses.--Not more than 10 
                percent of the amount of any grant awarded under this 
                section may be expended by a Gulf State (or group of 
                Gulf States) for administrative expenses.
                    ``(C) Liability.--A grant made under this section 
                may not be used for the purpose of relieving from 
                liability any person who may otherwise be liable under 
                Federal or State law for damages, response costs, 
                natural resource damages, restitution, equitable 
                relief, or any other relief.
            ``(3)  Approval.--If the Administrator determines that an 
        application for a grant under this subsection has been approved 
        by the Commission and is consistent with applicable Federal 
        laws, including this section, and with the policies of the 
        Environmental Protection Agency, the Administrator may approve 
        the application, and from available funds, award a grant upon 
        approval.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $15,000,000 
for each of fiscal years 1995 through 2000.
    ``(i) Relationship to Existing Federal and State Laws and 
International Treaties.--
            ``(1) In general.--Nothing in this section shall affect the 
        jurisdiction or powers of any department, agency, officer, or 
        program of the Federal Government, or of any State government 
        or tribe.
            ``(2) International.--Nothing in this section shall affect 
        the jurisdiction or powers of any international body created by 
        treaty with authority relating to the Gulf of Mexico. Any 
        action taken pursuant to this section shall be consistent with 
        international law.''.

SEC. 1002. GREAT LAKES.

    (a) Sediment Management, Reduction, and Restoration.--Section 118 
(33 U.S.C. 1268) is amended--
            (1) by redesignating subsection (h) as subsection (k);
            (2) by redesignating subsections (d) through (g) as 
        subsections (f) through (i), respectively; and
            (3) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Sediment Management.--
            ``(1) Guidelines for disposal of sediment.--
                    ``(A) Testing manual.--The Administrator shall, 
                after notice and opportunity for public comment, and in 
                conjunction with the Secretary of the Army (referred to 
                in this section as the `Secretary'), develop a Great 
                Lakes testing manual that implements the national 
                guidance for the disposal of sediment material into 
                waters of the United States.
                    ``(B) Requirements.--The Great Lakes testing manual 
                shall ensure that dredged material, including clean 
                sediment, will be managed, disposed of, and discharged 
                in a manner that will--
                            ``(i) not cause significant adverse effects 
                        to the aquatic and terrestrial environment, 
                        including the chemical, physical, and 
                        biological characteristics of the substrate;
                            ``(ii) not endanger human health or 
                        welfare;
                            ``(iii) be consistent with any approved 
                        coastal zone management plan for the State or 
                        States bordering the lake in which the disposal 
                        occurs;
                            ``(iv) protect municipal and private water 
                        supplies;
                            ``(v) protect recognized commercial or 
                        recreational fishing grounds and the spawning, 
                        nursery, food supply, or migration areas with 
                        respect to which fish are dependent;
                            ``(vi) protect against excessive 
                        resuspension or the spread of material to areas 
                        outside of the disposal area; and
                            ``(vii) meet the requirements in any 
                        certification issued pursuant to section 401 
                        that are specified as necessary to ensure 
                        compliance with water and sediment quality 
                        standards adopted pursuant to this Act.
                    ``(C) Contents of guidelines.--The guidelines 
                developed pursuant to this paragraph shall take into 
                consideration the environmental impacts and benefits of 
                alternative reuse and disposal methods.
                    ``(D) Revisions.--After providing public notice and 
                opportunity for public comment, the Administrator 
                shall, as appropriate, revise the Great Lakes testing 
                manual to incorporate any Federal or State guideline, 
                criterion, or restriction related to sediment disposal 
                in the Great Lakes that takes effect after the date of 
                development of the initial guidelines.
            ``(2) Priority sites for intensive sediment management.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Water Pollution Prevention and 
                Control Act of 1994, the Administrator shall develop 
                and submit a report to Congress that assesses the 
                general condition of Confined Disposal Facilities 
                (referred to in this subsection as `CDFs') located in 
                the Great Lakes basin, and identifies each such 
                facility that, at the time of the report, is causing, 
                or is at risk of causing, an exceedance of water or 
                sediment quality standards, or otherwise interfering 
                with protection of designated uses.
                    ``(B) Ranking.--Not later than 1 year after the 
                date of enactment of the Water Pollution Prevention and 
                Control Act of 1994, the Administrator, in cooperation 
                with the Secretary, and in consultation with the 
                Director of the United States Fish and Wildlife 
                Service, the States, and other parties as appropriate, 
                shall select and publish in the Federal Register for 
                public comment a ranking of no fewer than 15 priority 
                harbors within the Great Lakes system for development 
                of long-term sediment management strategies for harbor 
                maintenance.
                    ``(C) Selection of harbors and sites.--In making 
                the selection of harbors, the Administrator shall 
                include--
                            ``(i) any harbor in which a CDF identified 
                        in the report developed pursuant to 
                        subparagraph (A) is located;
                            ``(ii) all sites that are routinely dredged 
                        for navigation, and that, for reasons of 
                        sediment toxicity, nutrient content, or volume 
                        of dredged material relative to disposal 
                        capacity, should receive intensive sediment 
                        management and planning to ensure the 
                        attainment and maintenance of water and 
                        sediment quality standards; and
                            ``(iii) all other sites that the 
                        Administrator determines would benefit from 
                        intensive sediment management.
                    ``(D) Publication of list.--Not later than 15 
                months after the date of enactment of the Water 
                Pollution Prevention and Control Act of 1994, the 
                Administrator shall publish in the Federal Register the 
                final list of priority harbors and sites.
            ``(3) Sediment management at priority harbors.--With 
        respect to harbors identified pursuant to paragraph (2), it 
        shall be unlawful to dispose of sediment dredged from the 
        harbors at any location in the open waters of the Great Lakes, 
        or any CDF, or to establish, expand, or substantially modify 
        any CDF that receives sediment from the harbors, unless--
                    ``(A) the Administrator has concurred in writing 
                with the Secretary to allow the activity;
                    ``(B) 45 days (or 90 days in cases in which the 
                Administrator has requested an extension) have elapsed 
                since the Secretary formally requested concurrence 
                (including the transmittal of all material necessary to 
                evaluate the proposal) and the Administrator has not 
                issued an opinion regarding the proposal; or
                    ``(C) the Administrator has approved a sediment 
                management strategy developed pursuant to paragraph 
                (4)(B) for the harbor involved in the proposed 
                activity.
            ``(4) Sediment management strategy guidelines.--Not later 
        than 15 months after the date of enactment of the Water 
        Pollution Prevention and Control Act of 1994, the Administrator 
        and the Secretary shall jointly issue general guidelines for 
        the development of the sediment management strategies for 
        harbors identified pursuant to paragraph (2). The guidelines 
        shall include--
                    ``(A) a specification of components of the 
                strategy, including sediment reduction, management and 
                disposal, and postclosure care of disposal facilities;
                    ``(B) a recommended process for strategy 
                development that is consistent with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) requirements; and
                    ``(C) general procedures for monitoring, 
                evaluating, and remediating any CDF at the site.
            ``(5) Sediment management working groups.--
                    ``(A) In general.--For each site subject to routine 
                navigational dredging that is contained on the list 
                published pursuant to paragraph (2), and in order of 
                priority, the Secretary and the Administrator shall 
                jointly convene a sediment management working group. 
                Each sediment management working group shall include 
                representatives of--
                            ``(i) local entities, including any port 
                        authority;
                            ``(ii) host municipalities and remedial 
                        action planning committees relevant to the 
                        site;
                            ``(iii) State resource agencies;
                            ``(iv) the Soil Conservation Service of the 
                        Department of Agriculture;
                            ``(v) the United States Fish and Wildlife 
                        Service of the Department of the Interior;
                            ``(vi) citizen groups;
                            ``(vii) appropriate Indian tribes (as 
                        defined in section 518(h)(2)); and
                            ``(viii) other appropriate entities.
                    ``(B) Dates of convening.--The Secretary and the 
                Administrator shall convene 3 sediment management 
                working groups established pursuant to subparagraph (A) 
                not later than 90 days after the date of publication of 
                the final list pursuant to paragraph (2). The Secretary 
                and the Administrator shall jointly convene additional 
                sediment management working groups in subsequent years 
                in such manner as to ensure that all sites identified 
                in the final list that are subject to routine 
                navigational dredging have an associated sediment 
                management working group not later than 4 years after 
                the date of publication of the final list pursuant to 
                paragraph (2).
            ``(6) Sediment management strategies.--For each harbor or 
        site subject to routine navigational dredging identified 
        pursuant to paragraph (2)(B), the Secretary shall, not later 
        than 18 months after convening a sediment management working 
        group pursuant to paragraph (5), develop in cooperation and 
        coordination with the group, and publish for public review and 
        comment, a sediment management strategy.
            ``(7) Elements of strategies.--Each sediment management 
        strategy developed pursuant to this subsection shall include--
                    ``(A) an assessment of the quantity and nature of 
                sediment at the harbor, including tributary transport 
                dynamics and the presence, nature, and bioavailability 
                of contaminants in the material;
                    ``(B) a short-term and long-term navigational 
                dredging plan that takes into account the quantity of 
                sediment material delivered to the channel that can be 
                prevented, and the quantity that must be dredged and 
                disposed of;
                    ``(C) measures to achieve navigational channel 
                maintenance that also ensure the attainment and 
                maintenance of water and sediment quality standards;
                    ``(D) a long-term management plan for any CDF that 
                may exist within, or serve, the harbor, including a 
                program for monitoring and evaluating the integrity of 
                the CDF;
                    ``(E) a cost-allocation strategy (consistent with 
                any project authorization);
                    ``(F) a schedule for the implementation of the 
                strategy, including any construction, remediation, and 
                sediment prevention measures; and
                    ``(G) a method for integrating the development and 
                implementation of the strategy with ongoing remedial 
                action planning, Lakewide management planning, and 
                coastal zone management planning efforts.
            ``(8) Considerations.--In developing a sediment management 
        strategy, the Secretary shall consider measures to--
                    ``(A) reduce sediment loadings at the source of the 
                loadings;
                    ``(B) reduce resuspension during dredging and 
                disposal processes;
                    ``(C) remove contaminants from sediment material;
                    ``(D) otherwise conserve CDF capacity through 
                recycling or reuse; and
                    ``(E) protect and restore aquatic and upland fish 
                and wildlife habitat, and beneficial uses.
            ``(9) Approval.--The Secretary shall submit all sediment 
        management strategies developed pursuant to this subsection to 
        the Administrator for approval. A strategy submitted to the 
        Administrator shall be considered approved if--
                    ``(A) the Administrator approves the strategy; or
                    ``(B) 45 days (or 90 days in any case in which the 
                Administrator has requested an extension) have elapsed 
                since the Secretary formally requested approval 
                (including the transmittal of all material necessary to 
                evaluate the strategy) and the Administrator has not 
                issued an approval regarding the strategy.
            ``(10) Problem cdfs.--
                    ``(A) In general.--Each sediment management 
                strategy for a site containing a CDF identified in the 
                report published pursuant to paragraph (2)(A) shall be 
                completed not later than 18 months after the date of 
                publication of the report required pursuant to 
                paragraph (2)(A).
                    ``(B) Requirements for sediment management 
                strategies.--Each sediment management strategy 
                developed pursuant to this paragraph shall include, in 
                addition to the provisions identified in paragraphs (6) 
                and (7)--
                            ``(i) a program for remediating the CDF to 
                        protect and restore the chemical, physical, and 
                        biological integrity of the site;
                            ``(ii) special management and postclosure 
                        conditions that may be necessary to protect 
                        human health and wildlife; and
                            ``(iii) appropriate alternative disposal 
                        options, including the estimated costs, 
                        environmental benefits, impacts of the 
                        alternative, and a schedule for initiating the 
                        alternatives and allocating costs, if 
                        applicable.
            ``(11) Coordination.--To the greatest extent practicable, 
        the Secretary and the Administrator shall coordinate and 
        integrate sediment management strategies developed pursuant to 
        this subsection with then existing planning processes, such as 
        remedial action plans, Lakewide Management Plans, tributary 
        transport models, and coastal zone management plans.
            ``(12) Implementation.--On approval of a sediment 
        management strategy developed pursuant to this subsection, all 
        dredging and disposal operations shall be consistent with the 
        strategy. Dredging and disposal operations shall cease at any 
        site identified pursuant to paragraph (2)(B) that does not have 
        an approved sediment management strategy by not later than 3 
        years after the establishment of a sediment management working 
        group for the site pursuant to paragraph (5).
    ``(e) Sediment Reduction.--
            ``(1) Great lakes tributary sediment transport models.--For 
        each major river system or set of major river systems 
        depositing sediment into a Great Lakes federally authorized 
        commercial harbor, channel maintenance project site, or area of 
        concern, the Secretary, in cooperation with the Administrator, 
        shall develop a tributary sediment transport model that shall--
                    ``(A) measure stream discharge rates, total 
                suspended solids loadings, and bedload transport within 
                the tributary and harbor;
                    ``(B) measure additional parameters, such as 
                nitrates, phosphates, persistent toxic substances, and 
                heavy metals, using a protocol approved by the 
                Administrator, on a river-by-river basis in accordance 
                with any agreement between the Secretary, the 
                Administrator, the host State, and any relevant non-
                Federal entity;
                    ``(C) estimate the percentage of total sediment 
                loadings into the harbors, channels, and areas of 
                concern originating from each subwatershed of the river 
                system; and
                    ``(D) characterize the physical nature of the 
                sediment materials.
            ``(2) Other considerations.--In developing the tributary 
        sediment transport models, the Secretary shall--
                    ``(A) coordinate tributary sediment transport 
                modeling efforts with the efforts of the Administrator 
                to produce comprehensive Lakewide Management Plans, 
                Remedial Action Plans, mass balance models, and water 
                quality models;
                    ``(B) build upon data and monitoring infrastructure 
                generated in earlier studies and programs; and
                    ``(C) complete models for 30 major river systems 
                within the 5-year period beginning on the date of 
                enactment of the Water Pollution Prevention and Control 
                Act of 1994.
            ``(3) Analytical method.--Not later than 18 months after 
        the date of enactment of the Water Pollution Prevention and 
        Control Act of 1994, the Secretary, with the written 
        concurrence of the Administrator, shall develop an analytical 
        method to project the effectiveness and efficiency of sediment 
        source reduction approaches and scenarios in reducing upstream 
        sediment loadings into, and transport within, specific Great 
        Lakes federally authorized commercial harbors, channel 
        maintenance project sites, and areas of concern.
            ``(4) Use of method.--For each model developed under 
        paragraph (1), the Secretary shall use the method described in 
        paragraph (3) to conduct sediment load reduction analyses to 
        estimate the potential effectiveness and efficiency of upstream 
        sediment source reduction approaches and scenarios to reduce 
        sedimentation in Great Lakes federally authorized commercial 
        harbors, channel maintenance sites, and areas of concern of the 
        Great Lakes. The Secretary shall, upon request, provide 
        sediment load and transport reduction analysis information to a 
        State or Indian tribe (as defined in section 518(h)(2)), 
        regarding river systems within the jurisdiction of the State or 
        Indian tribe.
            ``(5) Development and application.--In developing and using 
        the analytical methods described in paragraph (3), the 
        Secretary shall consider only sediment reduction approaches and 
        scenarios that are consistent with--
                    ``(A) the guidance issued pursuant to section 
                6217(g) of the Omnibus Budget Reconciliation Act of 
                1990 (16 U.S.C. 1455b(g)), if applicable;
                    ``(B) relevant State coastal zone management 
                programs approved pursuant to section 306 of the 
                Coastal Zone Management Act of 1972 (16 U.S.C. 1455);
                    ``(C) relevant State nonpoint source pollution 
                control programs approved in a manner consistent with 
                section 319; and
                    ``(D) recommendations of any relevant Remedial 
                Action Plans and programs and measures contained in 
                Annex 3 of the Great Lakes Water Quality Agreement and 
                the supplement to the Annex.
            ``(6) Consultation by secretary.--The Secretary shall 
        consult with the Administrator and the heads of other 
        appropriate Federal agencies in carrying out this subsection.
            ``(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the Department of the Army to 
        carry out this subsection, $6,000,000 for each of the fiscal 
        years 1995 through 2000.''.
    (b) Sediment Restoration.--Section 118(c)(7) (33 U.S.C. 1268(c)(7)) 
is amended by adding at the end the following new subparagraphs:
                    ``(D) Sediment restoration demonstration 
                projects.--
                            ``(i) In general.--The Program Office shall 
                        conduct 5 full-scale demonstration projects of 
                        promising technologies to remedy contaminated 
                        sediments at such sites as the Program Office 
                        determines are appropriate.
                            ``(ii) Site selection.--In selecting the 
                        sites for the demonstration projects, the 
                        Program Office shall give priority 
                        consideration to the sites referred to in 
                        subparagraph (A).
                            ``(iii) Deadlines.--The Program Office 
                        shall--
                                    ``(I) not later than December 31, 
                                1995, complete engineering plans for 
                                the full-scale demonstration projects 
                                to be conducted under this 
                                subparagraph; and
                                    ``(II) not later than December 31, 
                                1998, complete the full-scale 
                                demonstration projects to be conducted 
                                under this subparagraph.
                    ``(E) Assessments.--The Program Office shall, not 
                later than December 31, 1999, conduct preliminary 
                chemical, physical, and biological assessments of 
                contaminated sediments at each area of concern and make 
                recommendations on technologies to remedy contaminated 
                sediments at each of the areas. In conducting the 
                assessments, the Program Office shall incorporate 
                previous findings that are relevant to the assessments.
                    ``(F) Additional projects.--If, after conducting 
                assessments under subparagraph (E), the Program Office 
                determines that none of the technologies already 
                demonstrated pursuant to this subsection is appropriate 
                or cost-effective to remedy contaminated sediments at 
                an area of concern, the Program Office may conduct 
                additional pilot scale demonstration projects of 
                promising technologies at the area of concern.
                    ``(G) Interagency team.--The Program Office may 
                convene an interagency team that includes 
                representatives from the Army Corps of Engineers, the 
                United States Fish and Wildlife Service, the Department 
                of Energy, and the Department of Commerce to assist in 
                and promote the dissemination of information on 
                technologies to remedy contaminated sediments at areas 
                of concern, including the dissemination of the 
                information to Federal and State departments and 
                agencies.''.
    (c) Research.--
            (1) Research council.--Subsection (f) of section 118 (33 
        U.S.C. 1268), as redesignated by subsection (a)(2), is amended 
        to read as follows:
    ``(f) Great Lakes Research Council.--
            ``(1) Establishment.--There is established a Great Lakes 
        Research Council (referred to in this subsection as the 
        `Council').
            ``(2) Duties of the council.--The Council shall--
                    ``(A) not later than 1 year after the date of 
                enactment of this subparagraph, prepare and provide to 
                Congress and other interested parties, a report that--
                            ``(i) promotes the coordination of Federal 
                        research activities to avoid duplication and 
                        ensure greater effectiveness in protection of 
                        the ecosystem of the Great Lakes and the goals 
                        of the Great Lakes Water Quality Agreement;
                            ``(ii) assesses the research activities 
                        needed to fulfill the goals of the Great Lakes 
                        Water Quality Agreement;
                            ``(iii) assesses the expertise and 
                        capabilities of the Federal Government existing 
                        on the date of enactment of this clause with 
                        activities needed to fulfill the goals referred 
                        to in clause (ii), including an inventory of 
                        then existing Federal Great Lakes research 
                        programs, projects, facilities, and personnel;
                            ``(iv) recommends long-term and short-term 
                        research priorities for research by the Federal 
                        Government on the Great Lakes, based on a 
                        comparison of the assessment conducted under 
                        clauses (i) and (ii), and research information 
                        available on the date of enactment of this 
                        clause; and
                            ``(v) describes coordination efforts with 
                        Canada;
                    ``(B) identify topics for, and participate in, 
                meetings, workshops, symposia, and conferences on Great 
                Lakes research issues;
                    ``(C) make recommendations for the uniform 
                collection and storage of data for enhancing research 
                and management protocols relating to the protection and 
                restoration of the physical, biological, and chemical 
                integrity of the Great Lakes ecosystem;
                    ``(D) consider and make recommendations with 
                respect to the establishment of a comprehensive, 
                multimedia database for the Great Lakes ecosystem; and
                    ``(E) participate in any ongoing coordination 
                efforts, such as the Council of Great Lakes Research 
                Managers of the International Joint Commission.
            ``(3) Membership of the council.--
                    ``(A) In general.--The Council shall consist of 1 
                research manager with extensive knowledge, scientific 
                expertise, and experience in the Great Lakes ecosystem 
                from each of the following organizations:
                            ``(i) The Environmental Protection Agency.
                            ``(ii) The National Oceanic and Atmospheric 
                        Administration.
                            ``(iii) The Coast Guard.
                            ``(iv) The United States Fish and Wildlife 
                        Service.
                            ``(v) The United States Geological Survey.
                            ``(vi) Any other relevant Federal 
                        department, agency, or instrumentality, as 
                        determined by the Council membership.
                    ``(B) Ex officio members.--Any other person who is 
                not a Federal employee may serve as a nonvoting ex 
                officio member of the Council, at the request of the 
                Council.
                    ``(C) Participation by certain officials.--The 
                Council shall request appropriate officials of each 
                State that borders the Great Lakes, the International 
                Joint Commission, the Government of Canada, and the 
                governments of each province that borders on the Great 
                Lakes to serve as nonvoting ex-officio members of the 
                Council.
            ``(4) Chairperson.--The members of the Council shall elect 
        a Chairperson from among the members of the Council listed 
        under clauses (i), (ii), and (iv) of paragraph (3)(A).
            ``(5) Travel expenses.--Each member of the Council who is 
        not an employee of the Federal Government shall be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for employees under subchapter I of chapter 57 
        of title 5, United States Code, while away from the home or 
        regular place of business of the member in the performance of 
        services for the Council.
            ``(6) Interagency cooperation.--The head of each 
        department, agency, or other instrumentality of the Federal 
        Government that is represented on the Council--
                    ``(A) may, on written request of the Chairperson, 
                make available, on a reimbursable basis or otherwise, 
                personnel, services, or facilities as may be necessary 
                to assist the Council in achieving the purposes of this 
                subsection; and
                    ``(B) shall, on written request from the 
                Chairperson, furnish data or other information 
                necessary to achieve the purposes of this subsection.
            ``(7) Effect on other laws.--Nothing in this subsection is 
        intended to amend, restrict, or otherwise alter the authority 
        of any Federal department, agency, or instrumentality, under 
        any law, to undertake Great Lakes research activities.''.
            (2) Conforming amendments.--The second sentence of section 
        403(a) of the Marine Protection, Research, and Sanctuaries Act 
        of 1972 (33 U.S.C. 1401 et seq.) is amended--
                    (A) by striking ``118(d)'' and inserting 
                ``118(f)''; and
                    (B) by striking ``(33 U.S.C. 1268(d))''.
    (d) Lakewide Management Plans.--Paragraph (4) of section 118(c) (33 
U.S.C. 1268(c)(4)) is amended to read as follows:
            ``(4) Lakewide management plans.--
                    ``(A) In general.--
                            ``(i) Lakes michigan and superior.--Not 
                        later than January 1, 1995, the Administrator 
                        shall publish in the Federal Register the final 
                        Lakewide Management Plan for Lake Michigan and 
                        Lake Superior.
                            ``(ii) Other lakes.--Not later than January 
                        1, 1998, the Administrator shall publish in the 
                        Federal Register proposed Lakewide Management 
                        Plans for Lake Erie, Lake Huron, and Lake 
                        Ontario.
                    ``(B) Contents.--Each Lakewide Management Plan 
                shall be consistent with the requirements of Annex 2 of 
                the Great Lakes Water Quality Agreement, and shall--
                            ``(i) include an assessment of the 
                        environmental condition of the lake, including 
                        water and sediment quality and natural 
                        resources;
                            ``(ii) identify the toxic pollutants that 
                        exceed water or sediment quality standards in 
                        the lake, describing the loadings of the 
                        pollutants to the lake, including conventional, 
                        non-conventional, and toxic pollutants; and
                            ``(iii) identify the point and nonpoint 
                        sources of the pollutants;
                            ``(iv) provide a comprehensive protection 
                        plan recommending specific actions to restore 
                        and maintain the chemical, physical, and 
                        biological integrity of the lake, including the 
                        specific measures to protect and maintain high 
                        quality waters and identification of the 
                        reduction in loadings of pollutants identified 
                        under clause (ii) to ensure the restoration and 
                        attainment of water and sediment quality 
                        standards, and the protection and propagation 
                        of a balanced indigenous population of fish, 
                        shellfish, and wildlife and recreation in and 
                        on the water;
                            ``(v) provide a schedule for implementing 
                        recommended actions, including the 
                        identification of the agencies and sources 
                        responsible for implementing the loading 
                        reductions, and the funding sources to support 
                        the implementation; and
                            ``(vi) provide a schedule for periodic 
                        revision of the plan.
                    ``(C) Cooperation.--Each Lakewide Management Plan 
                shall be developed in cooperation with appropriate 
                representatives of--
                            ``(i) the State or States bordering the 
                        lake that is the subject of the Lakewide 
                        Management Plan, including the public in the 
                        State or States;
                            ``(ii) the Government of Canada;
                            ``(iii) Indian tribes (as defined in 
                        section 518(h)(2)); and
                            ``(iv) the Great Lakes Policy Committee.''.
    (e) Health Effects Study.--Section 118(g)(3) (33 U.S.C. 1268), as 
redesignated by subsection (a)(2), is amended--
            (1) in subparagraph (A), by inserting after ``September 30, 
        1994,'' the following: ``and subsequently, not later than 
        September 30, 1997,''; and
            (2) in subparagraph (B)--
                    (A) by striking ``$3,000,000'' and inserting 
                ``$5,000,000''; and
                    (B) by striking ``and 1994'' and inserting ``and 
                1994 through 1997''.
    (f) Lake Superior Binational Program.--Section 118 (33 U.S.C. 1268) 
is amended by adding after subsection (i), as redesignated by 
subsection (a)(2), the following new subsection:
    ``(j) Lake Superior Binational Program.--
            ``(1) In general.--The Administrator shall seek the 
        cooperation of Canada in developing a binational program to 
        restore and protect water and sediment quality within the 
        watershed area of Lake Superior.
            ``(2) Program goals.--The program shall evaluate water 
        quality conditions, identify various sources of water 
        pollution, and assess a range of approaches to restoring and 
        protecting designated uses of waters identified in the Great 
        Lakes Water Quality Agreement. In assessing various approaches 
        to protecting water and sediment quality, the Administrator 
        shall develop cooperative measures with Canada to prevent 
        pollution by toxic substances, such as mercury.
            ``(3) Coordination.--To the greatest extent possible, 
        elements of the binational program shall be incorporated into 
        the Lake Superior Lakewide Management Plan developed pursuant 
        to this section.''.
    (g) Authorization of Appropriations.--Section 118(k) (33 U.S.C. 
1268), as redesignated by subsection (a)(1), is amended to read as 
follows:
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
section $30,000,000 for each of fiscal years 1995 through 2000.''.

SEC. 1003. CHESAPEAKE BAY.

    Section 117 (33 U.S.C. 1267) is amended to read as follows:

                            ``chesapeake bay

    ``Sec. 117. (a) Definitions.--As used in this section:
            ``(1) Chesapeake bay agreement.--The term `Chesapeake Bay 
        Agreement' means the formal, voluntary agreements executed to 
        achieve the goal of restoring and protecting the Chesapeake Bay 
        ecosystem and the living resources of the ecosystem and signed 
        by the Governor of the State of Maryland, the Governor of the 
        Commonwealth of Pennsylvania, the Governor of the Commonwealth 
        of Virginia, the Mayor of the District of Columbia, the 
        chairman of the tri-State Chesapeake Bay Commission, and the 
        Administrator, on behalf of the executive branch of the Federal 
        Government.
            ``(2) Chesapeake bay program.--The term `Chesapeake Bay 
        Program' means the program directed by the Chesapeake Executive 
        Council in accordance with the Chesapeake Bay Agreement.
            ``(3) Chesapeake bay watershed.--The term `Chesapeake Bay 
        watershed' shall have the meaning determined by the 
        Administrator.
            ``(4) Chesapeake executive council.--The term `Chesapeake 
        Executive Council' means the signatories to the Chesapeake Bay 
        Agreement.
            ``(5) Signatory jurisdiction.--The term `signatory 
        jurisdiction' means a jurisdiction of a signatory to the 
        Chesapeake Bay Agreement.
    ``(b) Continuation of Chesapeake Bay Program.--
            ``(1) In general.--In cooperation with the Chesapeake 
        Executive Council (and as a member of the Council), the 
        Administrator shall continue the Chesapeake Bay Program.
            ``(2) Program office.--The Administrator shall maintain in 
        the Environmental Protection Agency a Chesapeake Bay Program 
        Office. The Chesapeake Bay Program Office shall provide support 
        to the Chesapeake Executive Council by--
                    ``(A) implementing and coordinating science, 
                research, modeling, support services, monitoring, and 
                data collection activities that support the Chesapeake 
                Bay Program;
                    ``(B) making available, through publications, 
                technical assistance, and other appropriate means, 
                information pertaining to the environmental quality and 
                living resources of the Chesapeake Bay Program;
                    ``(C) in cooperation with appropriate Federal, 
                State, and local authorities, assisting the signatories 
                to the Chesapeake Bay Agreement that participate in the 
                Chesapeake Bay Program in developing and implementing 
                specific action plans to carry out the responsibilities 
                of the authorities under the Chesapeake Bay Agreement;
                    ``(D) assisting the Administrator in coordinating 
                the actions of the Environmental Protection Agency with 
                the actions of the appropriate officials of other 
                Federal agencies and State and local authorities in 
                developing strategies to--
                            ``(i) improve the water quality and living 
                        resources of the Chesapeake Bay; and
                            ``(ii) obtain the support of the 
                        appropriate officials of the agencies and 
                        authorities in achieving the objectives of the 
                        Chesapeake Bay Agreement; and
                    ``(E) implementing outreach programs for public 
                information, education, and participation to foster 
                stewardship of the resources of the Chesapeake Bay.
            ``(3) Interagency cooperation and coordination.--
                    ``(A) In general.--There is established a 
                Chesapeake Bay Federal Agencies Committee (referred to 
                in this paragraph as the `Committee'). The purposes of 
                the Committee shall be to--
                            ``(i) facilitate collaboration, 
                        cooperation, and coordination among Federal 
                        agencies and programs of Federal agencies in 
                        support of the restoration of the Chesapeake 
                        Bay;
                            ``(ii) ensure the integration of Federal 
                        activities relating to the restoration of the 
                        Chesapeake Bay with State and local restoration 
                        activities, and the restoration activities of 
                        nongovernmental entities; and
                            ``(iii) provide a framework for activities 
                        that effectively focus the expertise and 
                        resources of Federal agencies on problems 
                        identified by the Committee in such manner as 
                        to produce demonstrable environmental results 
                        and demonstrable improvements in programs of 
                        Federal agencies.
                    ``(B) Duties of the committee.--The Committee shall 
                share information, set priorities, and develop and 
                implement plans, programs, and projects for 
                collaborative activities to carry out the following 
                duties:
                            ``(i) Reviewing all Federal research, 
                        monitoring, regulatory, planning, educational, 
                        financial, and technical assistance, and other 
                        programs that the Committee determines to be 
                        appropriate, that relate to the maintenance, 
                        restoration, preservation, or enhancement of 
                        the environmental quality and natural resources 
                        of the Chesapeake Bay.
                            ``(ii) Reviewing each Federal program 
                        administered by the head of each participating 
                        Federal agency that may influence or contribute 
                        to point and nonpoint source pollution and 
                        establishing a means for the mitigation of any 
                        potential impacts of the pollution.
                            ``(iii) Developing and implementing an 
                        annual and long-range work program that 
                        specifies the responsibilities of each Federal 
                        agency in meeting commitments and goals of the 
                        Chesapeake Bay Agreement.
                            ``(iv) Assessing priority needs and making 
                        recommendations to the Chesapeake Executive 
                        Council for improved environmental and living 
                        resources management of the Chesapeake Bay 
                        ecosystem.
                    ``(C) Appointment of members.--The members of the 
                Committee shall be appointed as follows:
                            ``(i) At least 1 member who is an employee 
                        of the Environmental Protection Agency shall be 
                        appointed by the Administrator.
                            ``(ii) At least 1 member who is an employee 
                        of the National Oceanic and Atmospheric 
                        Administration of the Department of Commerce 
                        shall be appointed by the Secretary of 
                        Commerce.
                            ``(iii) At least 3 members shall be 
                        appointed by the Secretary of the Interior, of 
                        whom--
                                    ``(I) 1 member shall be an employee 
                                of the United States Fish and Wildlife 
                                Service;
                                    ``(II) 1 member shall be an 
                                employee of the National Park Service; 
                                and
                                    ``(III) 1 member shall be an 
                                employee of the United States 
                                Geological Survey.
                            ``(iv) At least 4 members shall be 
                        appointed by the Secretary of Agriculture, of 
                        whom--
                                    ``(I) 1 member shall be an employee 
                                of the Soil Conservation Service;
                                    ``(II) 1 member shall be an 
                                employee of the Forest Service;
                                    ``(III) 1 member shall be an 
                                employee of the Agricultural 
                                Stabilization and Conservation Service; 
                                and
                                    ``(IV) 1 member shall be an 
                                employee of the Extension Service.
                            ``(v) At least 3 members shall be appointed 
                        by the Secretary of Defense, of whom--
                                    ``(I) at least 2 members shall be 
                                employees of the Department of the 
                                Army, of whom 1 member shall be an 
                                employee of the Army Corps of 
                                Engineers; and
                                    ``(II) 1 member shall be an 
                                employee of the Department of the Navy.
                            ``(vi) At least 1 member who is an employee 
                        of the Federal Highway Administration shall be 
                        appointed by the Secretary of Transportation.
                            ``(vii) At least 1 member who is an 
                        employee of the Coast Guard shall be appointed 
                        by the head of the department in which the 
                        Coast Guard is operating.
                            ``(viii) At least 1 member shall be 
                        appointed by the Secretary of Housing and Urban 
                        Development.
                            ``(ix) At least 1 member shall be appointed 
                        by Board of Regents of the Smithsonian 
                        Institution.
                    ``(D) Chairperson.--The Committee shall, at the 
                initial meeting of the Committee, and biennially 
                thereafter, select a Chairperson from among the members 
                of the Committee.
                    ``(E) Procedures.--The Committee may establish such 
                rules and procedures (including rules and procedures 
                relating to the internal structure and function of the 
                Committee) as the Committee determines to be necessary 
                to best fulfill the responsibilities of the Committee.
                    ``(F) Meetings.--The initial meeting of the 
                Committee shall be not later than 60 days after the 
                date of enactment of this subparagraph. Subsequent 
                meetings shall be held on a regular basis at the call 
                of the Chairperson.
    ``(c) Reports.--The Committee shall prepare and submit to the 
President a report to be submitted to Congress that identifies--
            ``(1) the activities that have been carried out or are 
        being undertaken to carry out the responsibilities of the 
        Federal agency under this section or that are otherwise 
        required under the Chesapeake Bay Program;
            ``(2) planned activities to carry out the responsibilities 
        referred to in paragraph (1); and
            ``(3) the resources provided by the Federal agency to meet 
        the responsibilities of the agency under this section and under 
        the Chesapeake Bay Program.
    ``(d) Interstate Development Plan Grants.--
            ``(1) Authority.--The Administrator shall, at the request 
        of the Governor of a State affected by the interstate 
        management plan developed pursuant to the Chesapeake Bay 
        Program (referred to in this section as the `plan'), make a 
        grant for the purpose of implementing the management mechanisms 
        contained in the plan if the State has, within 1 year after the 
        date of the enactment of the Water Pollution Prevention and 
        Control Act of 1994, approved and committed to implement all or 
        substantially all aspects of the plan. The grants shall be made 
        subject to such terms and conditions as the Adminis- 
trator considers appropriate and shall be limited to programs and 
projects that are not eligible to receive assistance under section 314, 
319, or 603(c).
            ``(2) Submission of proposal.--A State or combination of 
        States may apply for the benefits provided under this 
        subsection by submitting to the Administrator a comprehensive 
        proposal to implement management mechanisms contained in the 
        plan, which shall include--
                    ``(A) a description of proposed abatement actions 
                that the State or combination of States commits to take 
                within a specified time period to reduce pollution in 
                the Chesapeake Bay and to meet applicable water quality 
                standards; and
                    ``(B) the estimated cost of the abatement actions 
                proposed to be taken during the next fiscal year.
        If the Administrator finds that the proposal is consistent with 
        the plan and the national policies set forth in section 101(a), 
        the Administrator shall approve the proposal.
            ``(3) Federal share.--For any fiscal year, the amount of 
        grants made under this subsection shall not exceed 50 percent 
        of the costs of implementing the management mechanisms 
        contained in the plan during the fiscal year and shall be made 
        on the condition that non-Federal sources provide the remainder 
        of the cost of implementing the management mechanisms contained 
        in the plan during the fiscal year.
            ``(4) Administrative costs.--Administrative costs in the 
        form of salaries, overhead, or indirect costs for services 
        provided and charged against programs or projects supported by 
        funds made available under this subsection shall not exceed in 
        any 1 fiscal year an amount equal to 10 percent of the annual 
        Federal grant made to a State under this subsection.
    ``(e) Compliance by Federal Facilities.--
            ``(1) Assessment.--Not later than 1 year after the date of 
        enactment of this subsection, and annually thereafter, the head 
        of each Federal agency that owns or operates a facility (as 
        defined by the Administrator) within the Chesapeake Bay 
        watershed shall perform an assessment of the facility for the 
        purpose of ensuring consistency and compliance with the 
        commitments, goals, and objectives of the Chesapeake Bay 
        Program and the enforceable requirements of this Act.
            ``(2) Contents of assessments.--The assessment referred to 
        in paragraph (1) shall identify any then existing or potential 
        impact on the water quality or living resources of the 
        Chesapeake Bay (or both) by the facility, including any 
        potential land-use impacts of activities related to new 
        development, man-made obstructions to fish passage, shoreline 
        erosion, and ground water and storm water runoff.
            ``(3) State plans and programs.--To the maximum extent 
        practicable, the head of each Federal agency that owns or 
        occupies real property in the Chesapeake Bay watershed shall 
        ensure conformance with any applicable State plan or program to 
        protect environmentally sensitive areas in the Chesapeake Bay 
        watershed.
            ``(4) Report requirements.--As part of each report required 
        under subsection (c)(3), the head of each Federal agency shall 
        include a detailed plan, funding mechanism, and schedule for 
        ensuring compliance with this Act and addressing or mitigating 
        the impacts referred to in paragraph (2).
    ``(f) Habitat Restoration and Enhancement Demonstration Program.--
            ``(1) Establishment of program.--The Administrator, in 
        cooperation with the heads of other appropriate Federal 
        agencies, agencies of States, and political subdivisions of 
        States, shall establish a habitat restoration program in the 
        Chesapeake Bay watershed. The purpose of the program shall be 
        to develop and demonstrate cost-effective techniques for 
        restoring or enhancing wetlands, forest riparian zones, and 
        other types of habitat associated with the Chesapeake Bay and 
        the tributaries of the Chesapeake Bay.
            ``(2) Criteria for identification of areas for habitat 
        restoration.--Not later than 1 year after the date of enactment 
        of this subsection, the Administrator, in consultation with the 
        Chesapeake Executive Council, shall develop criteria to 
        identify areas for habitat restoration, including--
                    ``(A) unique, significant, or representative 
                habitat types;
                    ``(B) areas that are subject to, or threatened by, 
                habitat loss or habitat degradation (or both) 
                attributable to human or natural causes; and
                    ``(C) areas inhabited by endangered, threatened, or 
                rare species, neotropical migratory birds, or species 
                that have a unique function within the Chesapeake Bay 
                ecosystem.
            ``(3) Plan.--Not later than 2 years after the date of 
        enactment of this subsection, the Administrator, in 
        consultation with the Chesapeake Executive Council, shall 
        develop a plan for the restoration of wetlands, contiguous 
        riparian forests, and other habitats within the Chesapeake Bay 
        watershed.
            ``(4) Duties of the administrator.--In carrying out the 
        demonstration program under this subsection, the Administrator, 
        in consultation with the Chesapeake Executive Council, shall--
                    ``(A) identify opportunities for the restoration of 
                major habitat resources in the Chesapeake Bay 
                watershed;
                    ``(B) characterize the importance of the habitat 
                resources identified pursuant to subparagraph (A) to 
                the health and functioning of the Chesapeake Bay 
                ecosystem;
                    ``(C) conduct a prerestoration characterization 
                assessment of each habitat resource identified pursuant 
                to subparagraph (A) to evaluate with respect to the 
                habitat resource--
                            ``(i) the potential effectiveness of a 
                        restoration effort;
                            ``(ii) enhancement options; and
                            ``(iii) the cost-effectiveness of each 
                        effort or option referred to in clauses (i) and 
                        (ii);
                    ``(D) consider the degree to which restored and 
                enhanced habitats may--
                            ``(i) mitigate the effects of nutrient 
                        loading caused by nonpoint source pollution 
                        from developed areas and agricultural 
                        activities;
                            ``(ii) reduce erosion and mitigate flood 
                        damage; and
                            ``(iii) assist in the protection or 
                        recovery of living resources;
                    ``(E) ensure coordination with all then existing 
                management, regulatory, and incentive programs;
                    ``(F) implement habitat restoration projects on a 
                demonstration basis, including submerged aquatic 
                vegetation plantings, breakwaters, forest buffer 
                strips, and artificial wetlands;
                    ``(G) monitor and evaluate the effectiveness of the 
                demonstration projects;
                    ``(H) establish and maintain a central 
                clearinghouse to facilitate access to information 
                related to habitat of the Chesapeake Bay watershed, 
                including information relating to habitat location, 
                type, acreage, function, condition and status, and 
                restoration and design techniques and trends related to 
                such information; and
                    ``(I) develop and carry out educational programs 
                (including training programs), research programs, and 
                programs for technical assistance to assist in the 
                efforts of State and local governments and private 
                citizens related to habitat restoration and 
                enhancement.
            ``(5) Assistance.--
                    ``(A) In general.--In carrying out the 
                demonstration program under this subsection, the 
                Administrator is authorized to provide, in cooperation 
                with the Chesapeake Executive Council, technical 
                assistance and financial assistance in the form of a 
                grant to any State government, interstate entity, local 
                government, or any other public or nonprofit private 
                agency that submits an approved application.
                    ``(B) Federal share of grants.--The Federal share 
                of the amount of any grant awarded under this 
                subsection shall be--
                            ``(i) with respect to a project conducted 
                        by the grant recipient on land owned or leased 
                        by the Federal Government, 100 percent of the 
                        cost of the activities that are the subject of 
                        the grant; and
                            ``(ii) with respect to a project conducted 
                        by the grant recipient on land that is not 
                        owned or leased by the Federal Government, 75 
                        percent of the cost of the activities that are 
                        the subject of the grant.
                    ``(C) Federal share of projects.--The Federal share 
                of any project conducted by the Administrator under 
                this subsection shall be--
                            ``(i) with respect to a project conducted 
                        on land owned or leased by the Federal 
                        Government, 100 percent of the cost of the 
                        activities that are the subject of the project; 
                        and
                            ``(ii) with respect to a project conducted 
                        on land that is not owned or leased by the 
                        Federal Government, 75 percent of the cost of 
                        the activities that are the subject of the 
                        project.
            ``(6) Habitat protection and restoration progress 
        assessment.--Not later than 3 years after the date of enactment 
        of this subsection, and biennially thereafter, the 
        Administrator shall submit a report to Congress concerning the 
        results of the demonstration projects conducted under the 
        habitat restoration demonstration program described in 
        paragraph (1). The report shall also include a summary of 
        scientific information concerning habitat restoration and 
        protection in existence at the time of preparation of the 
        report, and a description of methods, procedures, and processes 
        to assist State and local governments and other interested 
        entities in carrying out projects for the protection and 
        restoration of habitat that the Administrator determines to be 
        appropriate.
    ``(g) Basinwide Toxics Reduction.--
            ``(1) In general.--The Administrator, in cooperation with 
        the Chesapeake Executive Council, shall develop a comprehensive 
        basinwide toxics reduction strategy (referred to in this 
        subsection as the `Strategy'). The Strategy shall, with respect 
        to inputs of toxic pollutants to the Chesapeake Bay and the 
        tributaries of the Bay, establish basinwide reduction 
        objectives and describe actions that are necessary to achieve a 
        multijurisdictional approach to the reduction of the inputs.
            ``(2) Research and monitoring.--The Administrator shall 
        undertake such research and monitoring activities as the 
        Administrator determines to be necessary for the improvement of 
        the understanding of intermedia transfers of toxic pollutants 
        and the ultimate fate of the pollutants within the Chesapeake 
        Bay ecosystem.
            ``(3) Elements of strategy.--The Strategy developed 
        pursuant to this subsection shall include a process to assist 
        signatory jurisdictions with--
                    ``(A) improving the identification of the sources 
                and transport mechanisms of toxic pollutant loadings to 
                the Chesapeake Bay and the tributaries of the Bay from 
                point and nonpoint sources; and
                    ``(B) the periodic integration, in a consistent 
                format and manner, of the information obtained pursuant 
                to subparagraph (A) into a toxics loading inventory for 
                the Chesapeake Bay.
            ``(4) Deadline for completion of strategy.--The Strategy 
        developed pursuant to this subsection shall be completed not 
        later than 2 years after the date of enactment of this 
        subsection.
            ``(5) Federal assistance.--The Administrator, in 
        cooperation with the Chesapeake Executive Council, shall 
        provide such financial and technical assistance as the 
        Administrator determines to be necessary to--
                    ``(A) by not later than 1 year after the date of 
                enactment of this Act, develop a process to assist 
                signatory jurisdictions--
                            ``(i) with improving the identification of 
                        the sources and transport mechanisms of toxic 
                        pollutant loadings to the Chesapeake Bay and 
                        the tributaries of the Bay from point and 
                        nonpoint sources; and
                            ``(ii) with the periodic integration, in a 
                        consistent format and manner, of the 
                        information obtained pursuant to clause (i) 
                        into a toxics loading inventory for the 
                        Chesapeake Bay maintained pursuant to the 
                        Chesapeake Bay Program (referred to in this 
                        section as the `Chesapeake Bay Program Toxics 
                        Loading Inventory'); and
                    ``(B) by not later than 2 years after the date of 
                enactment of this Act, commence the implementation of 
                toxics reduction, pollution prevention, and management 
                actions designed to achieve the toxics reduction goals 
                of the Chesapeake Bay Agreement.
            ``(6) Actions.--The toxics reduction, pollution prevention, 
        and management actions referred to in paragraph (5)(B) shall--
                    ``(A) be based upon the findings and 
                recommendations of a reevaluation of the Basinwide 
                Toxics Reduction Strategy; and
                    ``(B) include targeted demonstration projects 
                designed to reduce the level of toxic pollutant 
                loadings from major sources identified in the 
                Chesapeake Bay Program Toxics Loading Inventory.
    ``(h) Chesapeake Bay Watershed, Tributary, and River Basin 
Program.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Administrator, in 
        cooperation with the Chesapeake Executive Council, the 
        Secretary of Commerce (acting through the Administrator of the 
        National Oceanic and Atmospheric Administration), the Secretary 
        of the Interior (acting through the Director of the United 
        States Fish and Wildlife Service), and the heads of such other 
        Federal agencies as the Administrator determines to be 
        appropriate, shall implement a coordinated research, 
        monitoring, and data collection program to--
                    ``(A) assess the status of, and trends in, the 
                environmental quality and living resources of the major 
                tributaries, rivers, and streams within the Chesapeake 
                Bay watershed; and
                    ``(B) assist in the development of management plans 
                for the waters referred to in subparagraph (A).
            ``(2) Contents of program.--The program referred to in 
        paragraph (1) shall include--
                    ``(A) a comprehensive inventory of water quality 
                and living resource data for waters within the 
                Chesapeake Bay watershed;
                    ``(B) an assessment of major issues and problems 
                concerning water quality in the Chesapeake Bay 
                watershed, including the extent to which the waters 
                provide for the protection and propagation of a 
                balanced indigenous population of fish, shellfish, and 
                wildlife;
                    ``(C) a program to identify sources of water 
                pollution within the Chesapeake Bay watershed, 
                including a system of accounting for sources of 
                nutrients, and the movement of nutrients, pollutants, 
                and sediments through the Chesapeake Bay watershed; and
                    ``(D) the development of a coordinated Chesapeake 
                Bay watershed land-use database that incorporates 
                resource inventories and analyses for the evaluation of 
                the effects of different land-use patterns on 
                hydrological cycles, water quality, living resources, 
                and other environmental features as an aid to making 
                sound land-use management decisions.
            ``(3) Management plans.--In a manner consistent with each 
        applicable deadline established by the Chesapeake Executive 
        Council, the Administrator, in consultation with the Chesapeake 
        Executive Council, shall assist each signatory jurisdiction of 
        the Chesapeake Bay Council in the development and 
        implementation of a management strategy for each of the major 
        tributaries of the Chesapeake Bay, designed for the achievement 
        of--
                    ``(A) a reduction, in a manner consistent with the 
                terms of the Chesapeake Bay Agreement, in the quantity 
                of nitrogen and phosphorous entering the main stem 
                Chesapeake Bay; and
                    ``(B) the water quality requirements necessary to 
                restore living resources in both the tributaries and 
                the main stem of the Chesapeake Bay.
            ``(4) Assistance.--
                    ``(A) In general.--The Administrator, in 
                consultation with the Chesapeake Executive Council, is 
                authorized to provide technical and financial 
                assistance to any State government, interstate entity, 
                local government, or any other public or nonprofit 
                private agency, institution, or organization in the 
                Chesapeake Bay watershed to--
                            ``(i) support the research, monitoring, and 
                        data collection program under this subsection;
                            ``(ii) develop and implement cooperative 
                        tributary basin strategies that address the 
                        water quality and living resource needs; and
                            ``(iii) encourage and coordinate locally 
                        based public and private watershed protection 
                        and restoration efforts that aid in the 
                        development and implementation of programs that 
                        complement the tributary basin strategies 
                        developed by the Chesapeake Executive Council.
                    ``(B) Grants.--
                            ``(i) In general.--In providing financial 
                        assistance pursuant to subparagraph (A), the 
                        Administrator may carry out a grant program. 
                        Under the grant program, the Administrator may 
                        award a grant to any person (including the 
                        government of a State) who submits an 
                        application that is approved by the 
                        Administrator.
                            ``(ii) Federal share.--A grant awarded 
                        under this subsection for a fiscal year shall 
                        not exceed an amount equal to 75 percent of the 
                        total annual cost of carrying out the 
                        activities that are the subject of the grant, 
                        and be awarded on the condition that the non-
                        Federal share of the costs of the activities 
                        referred to in clause (i) is paid from non-
                        Federal sources.
                            ``(iii) Watershed protection and 
                        restoration.--As part of the grant program 
                        authorized under this paragraph, the 
                        Administrator may award a grant to a signatory 
                        jurisdiction to implement a program referred to 
                        in subparagraph (A)(iii).
                    ``(C) Prioritization.--In carrying out the 
                technical and financial assistance program under this 
                subsection, the Administrator shall give priority to 
                proposals that facilitate the participation of local 
                governments and entities of the private sector in 
                efforts to improve water quality and the productivity 
                of living resources of rivers and streams in the 
                Chesapeake Bay watershed.
                    ``(D) Coordination with other federal programs.--
                The Administrator shall ensure that assistance made 
                available under this subsection--
                            ``(i) is consistent with the requirements 
                        of other Federal financial assistance programs;
                            ``(ii) is provided in coordination with the 
                        programs referred to in subparagraph (A); and
                            ``(iii) furthers the objectives of the 
                        Chesapeake Bay Program.
    ``(i) Study of Chesapeake Bay Program.--Not later than January 1, 
1996, the Administrator, in cooperation with the Chesapeake Bay 
Executive Council, shall complete a study and submit a comprehensive 
report to Congress on the results of the study. The study and report 
shall, at a minimum--
            ``(1) evaluate the implementation of the Chesapeake Bay 
        Agreement, including activities of the Federal Government and 
        State and local governments;
            ``(2) determine whether Federal environmental programs and 
        other activities adequately address the priority needs 
        identified in the Chesapeake Bay Agreement;
            ``(3) assess the priority needs required by the Chesapeake 
        Bay Program management strategies and how the priorities are 
        being met; and
            ``(4) make recommendations for the improved management of 
        the Chesapeake Bay Program.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
section $30,000,000 for each of fiscal years 1995 through 2000.''.

SEC. 1004. CLARK FORK-PEND OREILLE WATERSHED PROGRAM.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 1001, is 
further amended by adding at the end the following new section:

              ``clark fork-pend oreille watershed program

    ``Sec. 125. (a) Program Support.--The Administrator shall continue 
the Clark Fork-Pend Oreille Watershed Program, developed pursuant to 
section 525 of the Water Quality Act of 1987 (33 U.S.C. 1375 note).
    ``(b) Tri-State Implementation Council.--
            ``(1) Establishment.--The Administrator shall establish a 
        Tri-State Implementation Council (referred to in this 
        subsection as the `Council') to implement the management plan 
        developed pursuant to section 525 of the Water Quality Act of 
        1987 (33 U.S.C. 1375 note).
            ``(2) Membership of council.--Members of the Council shall 
        include representatives from each affected State (as determined 
        by the Administrator) and shall include, at a minimum, 
        representatives of--
                    ``(A) Federal agencies, agencies of States and 
                political subdivisions of States, and Indian tribes;
                    ``(B) local watershed management committees; and
                    ``(C) the general public and interested parties.
            ``(3) Duties of the council.--The Council shall--
                    ``(A) provide interstate and interagency 
                coordination for the protection and enhancement of 
                aquatic resources in--
                            ``(i) the Clark Fork River and the 
                        tributaries of the River in the States of 
                        Idaho, Montana, and Washington;
                            ``(ii) Lake Pend Oreille in the State of 
                        Idaho; and
                            ``(iii) the Pend Oreille River and the 
                        tributaries of the River in the States referred 
                        to in clause (i);
                    ``(B) continue the assessment of principal factors 
                having an adverse impact on the aquatic resources of 
                the watershed;
                    ``(C) oversee the implementation of the 
                comprehensive interstate watershed management plan 
                developed pursuant to section 525 of the Water Quality 
                Act of 1987 (33 U.S.C. 1375 note);
                    ``(D) establish a budget for, and identify sources 
                of funding (including sources of funding from the 
                Federal Government, the governments of States and 
                political subdivisions of States, and private sources) 
                for implementing the plan;
                    ``(E) establish a process for citizen involvement, 
                including public hearings and a communication plan; and
                    ``(F) develop a strategy and timetable for the 
                implementation of identified projects and activities.
    ``(c) Report.--Not later than 1 year after the date of enactment of 
this section and annually thereafter, the Council shall submit a report 
to the Administrator that--
            ``(1) summarizes the progress made by the Council in 
        implementing the plan;
            ``(2) summarizes any modifications to the plan; and
            ``(3) incorporates specific recommendations concerning the 
        implementation of the plan.
    ``(d) Revised Plan.--Not later than 5 years after the date of 
enactment of this section, the Council shall submit a revised watershed 
plan to the Administrator. The Administrator shall approve the revised 
plan if the plan is consistent with the requirements of section 321(c). 
A revised plan approved pursuant to this section shall be considered to 
have been approved pursuant to section 321.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency to carry out this 
section $2,000,000 for each of fiscal years 1995 through 2000.''.

SEC. 1005. GULF OF MAINE.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 1004, is 
further amended by adding at the end the following new section:

                            ``gulf of maine

    ``Sec. 126. (a) Definitions.--As used in this section:
            ``(1) Commission.--The term `Commission' means the St. 
        Croix International Waterway Commission established under 
        sections 991 et seq. of title 38 of the Maine State Statutes 
        Annotated.
            ``(2) Council.--The term `Council' means the Gulf of Maine 
        Council on the Marine Environment established under subsection 
        (b).
            ``(3) Gulf of maine.--The term `Gulf of Maine' means the 
        Bay of Fundy and the Gulf of Maine as well as all the streams, 
        rivers, lakes, and other bodies of water and the associated 
        land mass of the bodies of water within the drainage basin of 
        the Gulf of Maine.
            ``(4) Gulf of maine province.--The term `Gulf of Maine 
        Province' means a Province in Canada that borders on the Gulf 
        of Maine.
            ``(5) Gulf of maine state.--The term `Gulf of Maine State' 
        means a State that borders on the Gulf of Maine.
    ``(b) Gulf of Maine Council.--
            ``(1) Establishment.--There is established a Gulf of Maine 
        Council on the Marine Environment.
            ``(2) Membership.--The Council shall be composed of--
                    ``(A) 3 representatives from each Gulf of Maine 
                State, appointed by the Governor of the State; and
                    ``(B) 3 representatives from each Gulf of Maine 
                Province, appointed by the Premier of the Province.
            ``(3) Functions.--The Council shall--
                    ``(A) advise Governors and Premiers referred to in 
                paragraph (2) on environmental issues, including the 
                protection of the environmental quality of the Gulf of 
                Maine ecosystem (including the protection of water and 
                sediment quality);
                    ``(B) publish reports on the activities of the 
                Council and environmental trends and conditions in the 
                Gulf of Maine pursuant to subsection (c);
                    ``(C) not later than 1 year after the date of 
                enactment of this section, design and begin the 
                implementation of a coordinated monitoring program to 
                provide improved information for decisions concerning 
                environmental quality in the Gulf of Maine;
                    ``(D) prepare a Gulf of Maine Environmental 
                Protection Plan;
                    ``(E) assist in the coordination of activities of 
                Federal agencies, agencies of States and political 
                subdivisions of States, and private organizations with 
                respect to the implementation of the plan for the Gulf 
                of Maine developed under subparagraph (D);
                    ``(F) make grants to, or enter into contracts or 
                cooperation agreements with, agencies of States or 
                political subdivisions of State agencies or other 
                public or nonprofit organizations to carry out projects 
                and programs in a manner consistent with the plan 
                developed pursuant to subparagraph (D);
                    ``(G) assess transboundary impacts of various 
                activities on waters of the Gulf of Maine, in 
                cooperation with appropriate officials of the States 
                and provinces, political subdivisions of States and 
                provinces, regional agencies and organizations, and 
                international agencies and organizations; and
                    ``(H) organize a Gulf of Maine Advisory Board that 
                represents government, economic, and public, and other 
                nongovernmental interests to oversee development of the 
                plan under subparagraph (D).
    ``(c) Reports.--Not later than 18 months after the date of 
enactment of this section, and biennially thereafter, the Council shall 
submit a report to Congress concerning environmental trends and 
conditions in the Gulf of Maine, the development of the plan referred 
to in subsection (b)(3)(D), and the activities of the Council in the 
development of the plan.
    ``(d) Grants.--The Administrator is authorized to make a grant to 
the Council to support the activities of the Council. Any grant 
pursuant this subsection shall be made on the condition that not less 
than 50 percent of the costs of the Council are supported with non-
Federal funds.
    ``(e) St. Croix International Waterway Commission.--
            ``(1) In general.--The Administrator may award grants to 
        the St. Croix International Waterway Commission to support the 
        activities of the Commission.
            ``(2) Federal share.--
                    ``(A) In general.--The Federal share of a grant 
                awarded under this subsection shall be 50 percent of 
                the amount of the grant award.
                    ``(B) Non-federal share.--The non-Federal share of 
                a grant awarded under this subsection shall be 50 
                percent of the amount of the grant award. Any person, 
                including the State of Maine, the Province of New 
                Brunswick, the Government of Canada, or any political 
                subdivision thereof, may pay the non-Federal share.
            ``(3) Reports.--
                    ``(A) Submission by commission.--As a condition of 
                receiving a grant award under this subsection, the 
                Commission shall submit to the Administrator, by a date 
                specified by the Administrator, an annual report on the 
                activities of the Commission and the use by the 
                Commission of the grant award.
                    ``(B) Submission by administrator.--As soon as 
                practicable after receipt of the report under 
                subparagraph (A), the Administrator shall submit a copy 
                of the report and any written recommendations 
                concerning the report to the Committee on Environment 
                and Public Works of the Senate and the Committee on 
                Public Works and Transportation of the House of 
                Representatives.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Environmental Protection 
        Agency to carry out this subsection $100,000 for each of fiscal 
        years 1995 through 2000.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Environmental Protection Agency for each of fiscal 
years 1995 through 2000 such sums as are necessary to establish and 
carry out the functions of the Gulf of Maine Council.''.

SEC. 1006. MISSISSIPPI RIVER.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 1005, is 
further amended by adding at the end the following new section:

                          ``mississippi river

    ``Sec. 127. (a) Definitions.--As used in this section:
            ``(1) Federal agency.--The term `Federal agency' means the 
        Environmental Protection Agency, the Army Corps of Engineers, 
        the Soil Conservation Service of the Department of Agriculture, 
        the United States Geological Survey of the Department of the 
        Interior, the National Park Service, the United States Coast 
        Guard, the United States Fish and Wildlife Service, and any 
        other Federal agency with a significant interest in Mississippi 
        River resources.
            ``(2) Mississippi river state.--The term `Mississippi River 
        State' means Arkansas, Illinois, Iowa, Kentucky, Louisiana, 
        Minnesota, Mississippi, Missouri, Tennessee, or Wisconsin.
            ``(3) Nongovernmental organization.--The term 
        `nongovernmental organization' means a citizen, environmental, 
        or tribal organization or any other nongovernmental 
        organization with a significant interest in Mississippi River 
        resources.
            ``(4) Quasi-governmental organization.--The term `quasi-
        governmental organization' means the Upper Mississippi Basin 
        Association, the Mississippi Interstate Cooperative Resource 
        Agreement, the Upper Mississippi River Conservation Committee, 
        the Lower Mississippi Delta Center, and any other organization 
        with a significant interest in Mississippi River resources.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of the Interior.
    ``(b) Mississippi River Program.--Not later than 180 days after the 
date of enactment of this section, the Administrator shall establish 
within the Agency a Mississippi River Program to--
            ``(1) report on the assessment of trends in environmental 
        quality, including air and water, natural resources, and uses 
        of the Mississippi River;
            ``(2) collaborate with Mississippi River States, quasi-
        governmental organizations, nongovernmental organizations, and 
        Federal agencies to collect, organize, characterize, and assess 
        data on toxic pollutants, nutrients, pathogens, and natural 
        resources within the Mississippi River basin and to identify 
        the causes of environmental problems;
            ``(3) collaborate in the development of a Management, 
        Protection, and Restoration Plan pursuant to subsection (h);
            ``(4) monitor the effectiveness of actions taken pursuant 
        to the Plan;
            ``(5) develop and implement educational and training 
        programs and research programs to assist in the efforts of 
        State and local governments, nongovernmental organizations, and 
        private citizens to enhance the environmental quality of the 
        Mississippi River, including monitoring, mapping, and 
        restoration; and
            ``(6) provide other necessary activities to protect and 
        restore the Mississippi River.
    ``(c) Program Office.--There is established within the Agency a 
Mississippi River Program Office (referred to in this section as the 
`Program Office'). The Program Office shall be located in a Mississippi 
River State. The Program Office shall be headed by a Director, who 
shall be appointed by the Administrator. The Administrator shall 
delegate to the Director such authority as may be necessary to carry 
out the duties of the Director under this section.
    ``(d) Fish and Wildlife Service Program.--Not later than 180 days 
after the date of enactment of this section, the Secretary shall 
establish the administrative structure within the United States Fish 
and Wildlife Service to--
            ``(1) report on the assessment of trends in ecosystem 
        health of the Mississippi River;
            ``(2) collaborate with the Program Office, the Mississippi 
        River States, quasi-governmental organizations, nongovernmental 
        organizations, and Federal agencies to collect, characterize, 
        and assess data on habitat loss and alteration and natural 
        resources within the Mississippi River basin and to identify 
        the causes of ecological problems; and
            ``(3) collaborate in the development of a Management, 
        Protection, and Restoration Plan pursuant to section (h).
    ``(e) Assessment.--Not later than 1 year after the date of 
enactment of this section, the Administrator and the Director of the 
United States Fish and Wildlife Service, in consultation with the heads 
of other Federal agencies and the Mississippi River States, shall 
prepare a report on the assessment of the environmental quality and 
ecosystem health of the Mississippi River and the impact of the 
environmental quality and ecosystem health of the river on the economic 
viability human health of the citizenry in, the Mississippi River 
States, and ecological health of plants and animals that depend on the 
Mississippi River and the banks of the river for habitat. The report 
shall--
            ``(1) describe the then existing state of knowledge 
        concerning the environmental quality and ecosystem health of 
        the Mississippi River;
            ``(2) include an inventory of relevant environmental 
        research and monitoring programs;
            ``(3) identify gaps in knowledge and research needed for 
        the development and implementation of the Plan developed 
        pursuant to subsection (h); and
            ``(4) assess the economic importance and contributions of 
        the Mississippi River to the Mississippi River States and to 
        the United States, and identify environmental problems relevant 
        to the Mississippi River that pose a threat to the 
        contributions described in this paragraph.
    ``(f) Monitoring.--The Administrator, in conjunction with the 
Secretary of the Interior and the Mississippi River States, shall 
design a strategy for developing a coordinated monitoring program to 
assess the environmental quality of the Mississippi River ecosystem. 
The strategy shall include activities for collecting and evaluating 
data concerning concentrations, sources, and pathways of pollutants.
    ``(g) Mississippi River States Council.--The Governors of the 
Mississippi River States and the Secretary and Administrator, or the 
designees of such individuals, shall assemble to form a Mississippi 
River States Council. The purpose of the Council shall be to--
            ``(1) assist in collecting the assessment and monitoring 
        data required pursuant to subsections (e) and (f);
            ``(2) develop and ratify a Management, Protection, and 
        Restoration Plan required by subsection (h);
            ``(3) create an advisory committee, to assist the Council 
        in the development of the Plan, composed of representatives 
        from other Federal agencies, quasi-governmental organizations, 
        and nongovernmental organizations; and
            ``(4) facilitate the collaboration, cooperation, and 
        coordination among programs and activities of Federal, State, 
        and local departments and agencies and quasi-governmental and 
        nongovernmental organizations on issues related to the 
        restoration of environmental quality and aquatic resources of 
        the Mississippi River.
    ``(h) Management, Protection, and Restoration Plan.--
            ``(1) In general.--The Mississippi River States Council, 
        with the concurrence of the advisory committee referred to in 
        subsection (g)(3), and in consultation with appropriate 
        officials of local agencies, institutions of higher education, 
        private industries, and nonprofit research organizations shall 
        develop a Management, Protection, and Restoration plan for the 
        Mississippi River (referred to in this section as the `Plan'). 
        The Plan shall recommend priority actions and milestones to, by 
        the year 2010, restore and protect the environmental quality 
        and ecosystem health of the Mississippi River. To the extent 
        feasible, the Plan shall include numeric or otherwise 
        quantifiable goals, including--
                    ``(A) acres of riparian and wetlands areas to be 
                restored; and
                    ``(B) percentage reductions in loadings of 
                pollutants (including toxic compounds identified as 
                priorities), pesticides, nutrients, and sediments.
            ``(2) Contents of the plan.--The Plan shall--
                    ``(A) outline specific activities to be conducted 
                under the Mississippi River Program by the 
                Administrator and the Director of the United States 
                Fish and Wildlife Service;
                    ``(B) provide cooperative activities under the 
                Program Office and the United States Fish and Wildlife 
                Service with Federal, State, and local departments or 
                agencies and quasi-governmental organizations;
                    ``(C) set forth recommendations for the most cost 
                effective actions by Federal, State, and local agencies 
                to prevent, abate, or remediate pollution or to 
                otherwise improve the environmental quality, ecosystem 
                health, and economic viability of the Mississippi River 
                system;
                    ``(D) set priorities for actions to be undertaken 
                by Federal, State, and local agencies based on the 
                greatest risks to human and biological health and the 
                environment; and
                    ``(E) include activities for monitoring the 
                effectiveness of the actions described in the Plan.
            ``(3) Implementation.--Pursuant to paragraph (1), the Plan 
        shall identify--
                    ``(A) the Federal, State, or local agency 
                responsible for the implementation of each measure or 
                project;
                    ``(B) any required changes in Federal, State, or 
                local laws or regulations;
                    ``(C) the time period necessary for carrying out 
                each measure or project;
                    ``(D) the resources necessary for conducting the 
                Plan; and
                    ``(E) any other actions that are necessary to 
                implement the Plan.
            ``(4) Public participation.--To the maximum extent 
        practicable, the Administrator and the Secretary shall involve 
        the public in the development of the Plan. The public shall 
        also be consulted as the implementation of the Plan proceeds.
            ``(5) Plan approval.--Not later than 1 year after the date 
        of development of the Plan, and after notice and opportunity 
        for public comment, the Administrator and Secretary shall 
        approve the Plan if the plan meets the requirements of this 
        section, and other Federal statutes.
            ``(6) Plan review.--The approved Plan shall be reviewed, 
        updated, and approved pursuant to the procedures and 
        requirements of this section on the date that is 3 years after 
        the date of initial approval, and every 5 years thereafter.
    ``(i) Grants.--The Administrator, in consultation with the 
Secretary, is authorized to make grants to a Mississippi State, group 
of States, quasi-governmental organizations, or nongovernmental 
organizations for the purpose of furthering the development and 
implementation of the Plan developed pursuant to subsection (h). A 
grant made under this subsection may be used to conduct monitoring and 
assessment activities, support development of the Plan, and carry out 
the Plan, including assistance to any program, project, or activity 
identified in the Plan. Not more than 50 percent of the cost of any 
program, project, or activity receiving assistance pursuant to this 
subsection may paid for from Federal funds.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $15,000,000 
for each of fiscal years 1995 through 2000. There are authorized to be 
appropriated to the Secretary to carry out this section $5,000,000 for 
each of fiscal years 1995 through 2000.''.

SEC. 1007. LONG ISLAND SOUND.

    (a) Management Conference; Authorization of Appropriations.--
            (1) In general.--Section 119(e) (33 U.S.C. 1269(e)) is 
        amended by striking ``1996'' each place it appears and 
        inserting ``2000''.
            (2) Authorization for grants.--Section 119(e)(2) (33 U.S.C. 
        1269(e)(2)) is amended by striking ``$3,000,000'' and inserting 
        ``$6,000,000''.
    (b) Connecticut River Watershed Management.--Section 119 (33 U.S.C. 
1269) is amended by adding at the end the following new subsection:
    ``(f) Connecticut River Watershed Management.--
            ``(1) Designation.--The Connecticut River and the watershed 
        of the Connecticut River in the States of Vermont, New 
        Hampshire, Massachusetts, and Connecticut are designated as a 
        multistate watershed.
            ``(2) Coordination.--
                    ``(A) In general.--The New England Interstate Water 
                Pollution Commission (referred to in this subsection as 
                the `Commission') shall coordinate State and interstate 
                efforts with respect to the management of the 
                Connecticut River watershed described in paragraph (1).
                    ``(B) Lead agencies.--Each Governor of a State 
                referred to in paragraph (1) shall appoint a State 
                environmental agency to serve as a lead agency to 
                cooperate with the Commission in the coordination of 
                watershed management, assessment, and planning 
                activities.
                    ``(C) Inclusion of certain entities.--The 
                appropriate Federal and State commissions, studies, and 
                initiatives shall be included in the coordination of 
                activities carried out pursuant to subparagraph (B).
            ``(3) Watershed management planning.--
                    ``(A) In general.--The Commission shall coordinate 
                new, existing, and ongoing planning efforts and 
                activities.
                    ``(B) Watershed management plan.--The Commission 
                shall coordinate the development of a 5-year watershed 
                management plan that meets the requirements of section 
                321.
                    ``(C) Report.--Not later than 3 years after the 
                date of enactment of this subsection, the Commission 
                shall submit a watershed management plan required under 
                this paragraph to the Administrator.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Commission to carry out 
        this subsection $500,000 for each of fiscal years 1995 through 
        1997.''.

SEC. 1008. NARRAGANSETT BAY.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 1006, is 
further amended by adding at the end the following new section:

                       ``narragansett bay project

    ``Sec. 128. (a) In General.--The Administrator shall make grants 
under this section to maintain the Narragansett Bay Project (referred 
to in this section as the `Project') and to implement the comprehensive 
conservation and management plan for Narragansett Bay approved under 
section 320.
    ``(b) Advisory Council.--The Project shall establish an advisory 
council. The Project shall invite participation by the Governors of the 
States of Rhode Island and Massachusetts, 4 members of the legislature 
of the State of Rhode Island, 4 members of the legislature of the State 
of Massachusetts representing legislative districts within the 
Narragansett Bay watershed, 6 elected officials of local government in 
the Narragansett Bay watershed, and 4 individuals representing 
organizations in the nonprofit and private sector with expertise in 
matters relating to water quality and the living resources of 
Narragansett Bay. The Administrator of the Environmental Protection 
Agency and the Administrator of the National Oceanic and Atmospheric 
Administration shall also appoint representatives to serve on the 
Council. The Council may direct staff of the Project to establish 
citizen and technical advisory committees to assist the Council and the 
Project in carrying out the plan.
    ``(c) Duties.--The Project shall facilitate the implementation of 
the comprehensive conservation and management plan for Narragansett Bay 
approved under section 320 with Federal, State, and local agencies to 
conduct research, assessment, monitoring, education, technical 
assistance, and other activities to facilitate the implementation of 
the plan and make grants or enter into contracts to carry out projects 
identified as priorities in the plan or by the Council with funds 
provided by the Administrator under this section.
    ``(d) Project Grants.--The Administrator is authorized to make 
grants or to enter into contracts or cooperative agreements with State 
or local government agencies or other public or nonprofit organizations 
to carry out projects identified as priorities in the plan referred to 
in subsection (c) or by the Council and to carry out the functions as 
identified in subsection (c). Any grant made, or contract or 
cooperative agreement entered into, pursuant to this subsection shall 
be on the condition that not less than 50 percent of the project costs 
are provided from non-Federal funds.
    ``(e) Authorization.--There are authorized to be appropriated to 
the Administrator to carry out this section $6,000,000 per year for 
each of the fiscal years 1995 through 2000.''.

SEC. 1009. SAN FRANCISCO BAY-DELTA ESTUARY.

    Title I (33 U.S.C. 1251 et seq.), as amended by section 1008, is 
further amended by adding at the end the following new section:

                   ``san francisco bay-delta estuary

    ``Sec. 129. (a) Establishment of Executive Council.--The 
Administrator shall establish an Executive Council of the San Francisco 
Bay-Delta Estuary Restoration Program (referred to in this section as 
the `Executive Council').
    ``(b) Executive Council.--
            ``(1) Duties.--The Executive Council shall oversee and 
        coordinate the implementation of the Comprehensive Conservation 
        and Management Plan for the San Francisco Bay-Delta Estuary 
        developed pursuant to section 320 (referred to in this section 
        as the `Comprehensive Plan').
            ``(2) Membership.--The Executive Council shall be appointed 
        by the Administrator as recommended in the Comprehensive Plan.
            ``(3) Implementation committee.--The Executive Council 
        shall establish an Implementation Committee to provide 
        assistance to the Council in carrying out the duties of the 
        Council and implementing the comprehensive plan referred to in 
        paragraph (1). The Implementation Committee shall be composed 
        of no more than 25 members including the following:
                    ``(A) Members appointed by the Executive Council 
                from among individuals who are representatives of 
                local, State, and Federal agencies involved in 
                implementing the Comprehensive Plan.
                    ``(B) 3 members appointed by the Executive Council 
                from among individuals recommended by the environmental 
                representatives on the Management Committee of the San 
                Francisco Estuary Project to represent the San 
                Francisco Bay-Delta Estuary environmental community.
                    ``(C) 3 members appointed by the Executive Council 
                from among individuals recommended by the business, 
                water use, and discharger representatives on the 
                Management Committee of the San Francisco Estuary 
                Project to represent the San Francisco Bay-Delta 
                business, water use, and discharger communities.
                    ``(D) 1 member appointed by the Executive Council 
                from among individuals recommended by the fisheries 
                representatives on the Management Committee of the San 
                Francisco Estuary Project to represent fisheries.
            ``(4) Evaluation and reporting.--Not later than 2 years 
        after the date of approval of the Comprehensive Plan, and 
        biennially thereafter, the Executive Council shall issue a 
        public report to the Administrator, the Governor of California, 
        and Congress, that--
                    ``(A) evaluates the progress made in implementing 
                the Comprehensive Plan;
                    ``(B) identifies anticipated priorities and needs 
                for future implementation of the Comprehensive Plan;
                    ``(C) specifies recommendations and justification 
                for potential modifications to the Comprehensive Plan; 
                and
                    ``(D) summarizes any modifications to the 
                Comprehensive Plan that may have been approved in the 
                2-year period immediately preceding the report.
    ``(c) Grants.--
            ``(1) In general.--The Administrator may make grants for 
        projects and studies that will support the implementation of 
        the Comprehensive Plan, following approval of the Plan by the 
        Administrator.
            ``(2) Priority.--In making grants under this subsection, 
        priority consideration shall be given to--
                    ``(A) establishing the San Francisco Estuarine 
                Institute to coordinate implementation of the research 
                and monitoring program of the Comprehensive Plan;
                    ``(B) activities to conduct the public involvement 
                and education program of the Comprehensive Plan; and
                    ``(C) other activities contained in the 
                Comprehensive Plan that are identified as priority 
                activities by the Implementation Committee and the 
                Executive Council.
            ``(3) Federal share.--Grants made pursuant to this 
        subsection shall be made on the condition that not less than 50 
        percent of the costs of a project or study are provided from 
        non-Federal funds.
    ``(d) Authorization.--There are authorized to be appropriated to 
the Environmental Protection Agency to carry out this section 
$6,000,000 for each of fiscal years 1995 through 2000.''.

SEC. 1010. LAKE CHAMPLAIN.

    Section 120(i) (33 U.S.C. 1270(i)) is amended by striking ``each of 
fiscal years 1991, 1992, 1993, 1994, and 1995'' and inserting ``each of 
fiscal years 1991 through 2000''.
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