Calendar No. 424

103D CONGRESS

2D SESSION S. 2093

[Report No. 103–257]

A BILL

Pollution Control Act, and for other purposes.

To amend and reauthorize the Federal Water

MAY 10 (legislative day, MAY 2), 1994

Read twice and placed on the calendar
II

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.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Water Pollution Prevention and Control Act of 1994’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 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.
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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.

1 (c) REFERENCES TO THE FEDERAL WATER POLLU2 TION CONTROL ACT.—Whenever in this Act an amend-
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1 ment or repeal is expressed in terms of an amendment

2 to, or repeal of, a section or other provision, the reference

3 shall be considered to be made to a section or other provi4 sion of the Federal Water Pollution Control Act (33

5 U.S.C. 1251 et seq.), except to the extent otherwise spe6 cifically provided.

7 SEC. 2. FINDINGS AND PURPOSE.

8 (a) FINDINGS.—Congress finds the following:

9 (1) Over the past 20 years, the Federal Water

10 Pollution Control Act has resulted in great progress

11 towards achieving the goal Congress established

12 when Congress enacted such Act in 1972: ‘‘to re13 store and maintain the chemical, physical, and bio14 logical integrity of the Nation’s waters’’.

15 (2) Despite this progress, significant water pol16 lution problems remain. Thirty percent of the waters

17 of the United States suffer varying degrees of water

18 quality impairments. Toxic pollutants, especially pol19 lutants causing adverse developmental effects, re20 main a significant threat to aquatic species and to

21 human health. Pollution from nonpoint sources

22 causes significant water quality impairments.

23 (3) There is a substantial need for water qual24 ity projects throughout the country. The cost of sew-
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1 age treatment projects is estimated to be

2 $130,000,000,000.

3 (4) In order to achieve further progress, addi4 tional resources must be made available to State and

5 municipal governments, including increased financial

6 assistance for water quality projects and increased

7 program support through permit fees.

8 (5) Substantial opportunities exist to improve

9 water pollution control by using new water pollution

10 control strategies, such as pollution prevention plan11 ning, water conservation, the development of innova12 tive pollution control technology, comprehensive wa13 tershed planning, and programs that protect the

14 physical and biological properties of aquatic systems.

15 (6) Substantial opportunities exist to improve

16 water pollution control by improving the operation of

17 existing programs that apply to toxic pollutants, in18 cluding pollutant criteria and standards, effluent

19 guidelines, pretreatment standards, and the author20 ity to phase out certain toxic pollutants.

21 (7) Substantial opportunities exist to improve

22 water pollution control by addressing pollution from

23 nonpoint sources, such as construction, forestry, and

24 agriculture, particularly through the use of water-
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1 shed planning, targeted control measures, and finan2 cial assistance.

3 (8) Pollution from combined storm and sanitary

4 sewer overflows and from stormwater discharges

5 continues to cause significant water quality impair6 ments. A long-range strategy for control of these

7 discharges, which recognizes financial constraints, is

8 necessary.

9 (9) All dischargers to the waters of the United

10 States, including Federal agencies, have an obliga11 tion to comply with water quality laws. More can be

12 done to ensure that enforcement by Federal and

13 State governments and citizen groups is prompt and

14 effective.

15 (10) Among the most valuable waters of the

16 United States are wetlands. Wetlands purify water

17 by filtering pollutants and sediment, recharge

18 ground water aquifers, help control erosion along

19 coastal and riparian shorelines, protect lives and

20 property from flooding, provide essential habitat for

21 fish and wildlife, and afford abundant opportunities

22 for outdoor recreation.

23 (11) Despite the importance of wetlands, the

24 United States has lost more than half of the esti25 mated 220,000,000 acres of wetlands that existed in
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1 colonial times. While the rate of wetlands loss has

2 slowed in recent years, the United States continues

3 to suffer significant wetlands losses.

4 (12) Substantial opportunities exist to improve

5 wetlands conservation by more effectively controlling

6 the full range of activities that destroy wetlands,

7 providing greater consistency in the implementation

8 of Federal wetlands conservation programs, simplify9 ing landowner compliance with the programs, and

10 encouraging the States to assume a greater role in

11 wetlands conservation.

12 (b) PURPOSE.—The purpose of this Act is to reau13 thorize the Federal Water Pollution Control Act in order

14 to provide expanded assistance to State and local govern15 ments, address remaining water pollution control prob16 lems, employ new pollution control strategies, enhance

17 wetlands conservation, and improve overall water program

18 implementation.

19 TITLE I—WATER PROGRAM

20 FUNDING

21 SEC. 101. STATE REVOLVING LOAN FUNDS.

22 (a) GRANTS TO STATES FOR ESTABLISHMENT OF

23 REVOLVING FUNDS.—
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1 (1) IN GENERAL.—Subsection (a) of section

2 601 (33 U.S.C. 1381(a)) is amended to read as

3 follows:

4 ‘‘(a) GENERAL AUTHORITY.—Subject to this title,

5 the Administrator shall make capitalization grants to each

6 State for the purpose of establishing a water pollution con7 trol revolving fund.’’.

8 (2) PROJECTS ELIGIBLE FOR ASSISTANCE.—

9 Subsection (c) of section 603 (33 U.S.C. 1383(c)) is

10 amended to read as follows:

11 ‘‘(c) PROJECTS ELIGIBLE FOR ASSISTANCE.—

12 ‘‘(1) IN GENERAL.—The funds available to each

13 State water pollution control revolving fund (re14 ferred to in this section as the ‘fund’) may be used

15 only for providing assistance, for projects with re16 spect to which the principal purpose is protecting

17 and improving water quality, to a municipality,

18 intermunicipal agency, interstate agency, State agen19 cy, or other person, to carry out 1 or more of the

20 following activities:

21 ‘‘(A) The construction of a publicly owned

22 treatment works, as defined in section 212, in23 cluding publicly owned facilities necessary to

24 comply with a permit for a discharge of

25 stormwater issued pursuant to section 402.
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1 ‘‘(B) Implementing an approved manage2 ment program under section 319.

3 ‘‘(C) Implementing an approved conserva4 tion and management plan under section 320.

5 ‘‘(D) Implementing a combined stormwater

6 and sanitary sewer overflow elimination pro7 gram.

8 ‘‘(E) Providing assistance to a subsurface

9 sewage disposal management organization ap10 proved by the Administrator pursuant to sec11 tion 319.

12 ‘‘(F) Implementing water use efficiency

13 projects or activities, including the installation

14 of water saving plumbing fixtures that are cost

15 effective alternatives to expanding capacity for

16 treatment works that are publicly owned.

17 ‘‘(G) Carrying out projects identified in a

18 watershed plan prepared and approved pursu19 ant to section 321.

20 ‘‘(H) Implementing a Lakewide Manage21 ment Plan or Remedial Action Plan developed

22 and approved pursuant to section 118.

23 ‘‘(I) Developing and implementing pollu24 tion prevention plans.
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1 ‘‘(J) Constructing an animal waste man2 agement facility approved pursuant to section

3 319.

4 ‘‘(K) Implementing a lake protection

5 project developed pursuant to section 314.

6 ‘‘(2) LIMITATION ON ASSISTANCE.—

7 ‘‘(A) DISCHARGE ACTIVITIES.—Assistance

8 provided under this subsection to a person,

9 other than a municipality, for an activity relat10 ed to a discharge shall be limited to an activity

11 not otherwise required by this Act or other Fed12 eral law.

13 ‘‘(B) OTHER ACTIVITIES.—Assistance pro14 vided under this subsection for projects eligible

15 pursuant to subparagraphs (G) through (J) of

16 paragraph (1) shall be limited to projects that

17 are consistent with a watershed plan prepared

18 under section 321.

19 ‘‘(C) WATERSHED PLAN IMPLEMENTA20 TION.—Funds allotted to a State pursuant to

21 section 604(a)(3) shall be used to assist only

22 those projects and activities eligible for assist23 ance pursuant to paragraph (1)(F), except that

an amount equal to 1 24 ⁄2 of 1 percent of the total

25 amount allotted under section 604(a)(3) may be
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1 used by any State to implement plans developed

2 on a watershed-by-watershed basis under other

3 provisions of this Act, including sections 118,

4 208, 303(e), 319, and 320.

5 ‘‘(3) REVOLVING FUND.—The fund shall be es6 tablished, maintained, and credited with repayments,

7 and the fund shall be available in perpetuity for as8 sisting eligible projects.

9 ‘‘(4) ASSISTANCE FOR CONSTRUCTING PUB10 LICLY OWNED TREATMENT WORKS.—Assistance pro11 vided pursuant to subparagraphs (A) and (D) of

12 paragraph (1) may include the cost of obtaining any

13 necessary land, easement, or right-of-way with re14 spect to which the recipient of assistance is not the

15 owner (at the time of receipt of assistance) that is

16 directly related to the treatment plant or outfall of

17 a publicly owned treatment works, except that the

18 amount provided as assistance may not exceed the

19 acquisition price (as determined in accordance with

20 the Uniform Relocation Assistance and Real Prop21 erty Acquisition Policies Act of 1970 (42 U.S.C.

22 4601 et seq.)).’’.

23 (b) CAPITALIZATION GRANTS.—

24 (1) SPECIFIC REQUIREMENTS FOR CAPITALIZA25 TION GRANT AGREEMENTS.—
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1 (A) CAPITALIZATION GRANT AGREE2 MENTS.—Section 602(b)(6) (33 U.S.C.

3 1382(b)(6)) is amended—

4 (i) by striking ‘‘1995’’ and inserting

5 ‘‘2001’’; and

6 (ii) by striking ‘‘201(g)(3), 201(g)(5),

7 201(g)(6), 201(n)(1), 201(o), 204(a)(1),

8 204(a)(2),’’.

9 (B) GRANTS FOR CONSTRUCTION OF

10 TREATMENT WORKS.—Section 201 (33 U.S.C.

11 1281) is amended—

12 (i) in the second sentence of sub13 section (g)(1), by inserting ‘‘combined

14 sewer overflow correction,’’ after ‘‘and ap15 purtenances,’’;

16 (ii) in subsection (g)(5), by adding at

17 the end the following new sentence: ‘‘Not18 withstanding any other provision of this

19 paragraph, the Administrator may deem

20 that the requirements of this paragraph

21 have been met by a treatment works that

22 serves 10,000 or fewer individuals if the

23 treatment works has considered a group of

24 alternatives described by the Administrator

25 in guidance documents.’’; and
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1 (iii) in subsection (o), in the matter

2 preceding paragraph (1), by inserting after

3 ‘‘assist applicants for grant assistance

4 under this title’’ the following: ‘‘(except for

5 any applicant for grant assistance for a

6 publicly owned treatment works that serves

7 10,000 or fewer individuals)’’.

8 (C) USER CHARGES.—Subparagraph (A)

9 of the first sentence of section 204(b)(1) (33

10 U.S.C. 1284(b)(1)(A)) is amended by striking

11 ‘‘proportionate’’.

12 (2) DEDICATED SOURCE.—Section

13 603(d)(1)(C) (33 U.S.C. 1383(d)(1)(C)) is amended

14 by inserting ‘‘for a project eligible under subpara15 graph (A), (D), or (E) of subsection (c)(1)’’ after ‘‘a

16 loan’’.

17 (3) CONSISTENCY WITH PLANNING REQUIRE18 MENTS.—Section 603(f) (33 U.S.C. 1383(f)) is

19 amended—

20 (A) by striking ‘‘is consistent with’’ and in21 serting ‘‘is not inconsistent with’’; and

22 (B) by striking ‘‘and 320’’ and inserting

23 ‘‘320, and 321’’.

24 (c) TECHNICAL ASSISTANCE FOR SMALL SYSTEMS.—

25 Section 602 (33 U.S.C. 1382) is amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (2), by inserting ‘‘except

3 as provided in subsection (c),’’ before ‘‘the

4 State will deposit’’; and

5 (B) in paragraph (3), by inserting ‘‘except

6 as provided in subsection (c),’’ before ‘‘the

7 State will enter’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(c) TECHNICAL ASSISTANCE FOR SMALL SYS11 TEMS.—

12 ‘‘(1) DEFINITIONS.—As used in this subsection:

13 ‘‘(A) SMALL SYSTEM.—The term ‘small

14 system’ means a publicly owned treatment

15 works or a subsurface sewage disposal system

16 that serves 10,000 or fewer individuals.

17 ‘‘(B) TECHNICAL ASSISTANCE.—The term

18 ‘technical assistance’ includes technical and fi19 nancial management assistance provided by a

20 State to a small system. The term includes as21 sistance provided by a State for the planning

22 and design of a small system (referred to in

23 this subsection as ‘facility planning and de24 sign’).
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1 ‘‘(2) VALUE OF PLANNING AND DESIGN ASSIST2 ANCE.—The value of planning and design assistance

3 provided to a small system shall be repaid as part

4 of any loan provided to the small system pursuant

5 to this title.

6 ‘‘(3) TECHNICAL ASSISTANCE.—

7 ‘‘(A) IN GENERAL.—

8 ‘‘(i) OFFSET.—Subject to subpara9 graphs (B) and (C), each State may re10 duce the amount that would otherwise be

11 required to be deposited by the State as

12 State matching funds under subsection

13 (b)(2) by the amount equal to the value of

14 technical assistance provided by the State,

15 from funds made available by the State.

16 ‘‘(ii) TREATMENT OF OFFSET WITH

17 RESPECT TO BINDING COMMITMENTS.—

18 Subject to subparagraph (B), each State

19 may reduce the amount of assistance pro20 vided in accordance with binding commit21 ments that would otherwise be required

22 under subsection (b)(3) by an amount

23 equal to the value of the offset of State

24 matching funds made pursuant to this

25 paragraph.
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1 ‘‘(B) MAXIMUM OFFSET.—For each State,

2 the total amount of the offset of State matching

3 funds made pursuant to this paragraph for a

4 fiscal year may not exceed the greater of—

5 ‘‘(i) an amount equal to 2 percent of

6 the amount of the capitalization grant re7 ceived by the State pursuant to this sec8 tion; or

9 ‘‘(ii) $100,000.

10 ‘‘(C) ASSISTANCE FOR PLANNING AND DE11 SIGN.—To provide assistance for a small system

12 that does not receive a loan under this title, the

13 State may use a portion of the amount referred

14 to in subparagraph (B) to provide a grant for

15 facility planning and design. The amount of the

16 grant award may not exceed 50 percent of the

17 cost of the facility planning and design.’’.

18 (d) ASSISTANCE FOR DISADVANTAGED COMMU19 NITIES.—

20 (1) IN GENERAL.—Subsection (h) of section

21 603 (33 U.S.C. 1383(h)) is amended to read as

22 follows:

23 ‘‘(h) ASSISTANCE FOR DISADVANTAGED COMMU24 NITIES.—
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1 ‘‘(1) DISADVANTAGED COMMUNITY DEFINED.

2 As used in this subsection, the term ‘disadvantaged

3 community’ means the service area of a publicly

4 owned treatment works with respect to which the av5 erage annual residential sewage treatment charges

6 for a user of the treatment works meet affordability

7 criteria established by the State in which the treat8 ment works is located (after providing for public re9 view and comment) in accordance with guidelines to

10 be established by the Administrator in cooperation

11 with the States.

12 ‘‘(2) LOAN FORGIVENESS.—In any case in

13 which the State makes a loan pursuant to subsection

14 (d)(1) to a disadvantaged community or to a com15 munity that the State expects to become a disadvan16 taged community, the State may, notwithstanding

17 subsections (c) and (d) and section 601(c)(3), pro18 vide such additional subsidization (including the for19 giveness of principal) for projects for the commu20 nities as is necessary to ensure conformity with af21 fordability criteria established by the State.

22 ‘‘(3) GRANT OR LOAN AMOUNT.—The total

23 amount of loan forgiveness made by a State pursu24 ant to paragraph (2) to a disadvantaged community

25 or to a community that the State expects to become
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1 a disadvantaged community may not exceed

2 $20,000,000.

3 ‘‘(4) TOTAL AMOUNT OF LOAN FORGIVENESS.—

4 For each fiscal year, the total amount of loan for5 giveness made by a State pursuant to paragraph (2)

6 may not exceed 20 percent of the amount of the cap7 italization grant received by the State for the year.’’.

8 (2) LOAN REPAYMENT.—Section 603(d)(1) (33

9 U.S.C. 1383(d)(1)) is amended by striking subpara10 graph (B) and inserting the following new subpara11 graph:

12 ‘‘(B) annual principal and interest pay13 ments will commence not later than 1 year after

14 the date of completion of any project and all

15 loans will be fully amortized not later than 20

16 years after the date of project completion, ex17 cept that in the case of a disadvantaged com18 munity (as defined in subsection (h)(1)), a

19 State may provide an extended term for a loan,

20 if the extended term—

21 ‘‘(i) terminates not later than the date

22 that is 30 years after the date of project

23 completion; and

24 ‘‘(ii) does not exceed the expected de25 sign life of the project.’’.
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1 (e) WATER POLLUTION CONTROL REVOLVING LOAN

2 FUNDS.—

3 (1) GRANTS TO CERTAIN STATES.—Section 603

4 (42 U.S.C. 1383) is amended by adding at the end

5 the following new subsection:

6 ‘‘(i) ASSISTANCE TO CERTAIN STATES AND TERRI7 TORIES.—

8 ‘‘(1) IN GENERAL.—The sums authorized to be

9 appropriated for capitalization grants under this

10 title to American Samoa, Guam, the Commonwealth

11 of the Northern Mariana Islands, the Republic of

12 Palau, the United States Virgin Islands, and the

13 District of Columbia may be used for construction

14 grants under title II at the request of the chief exec15 utive of the entity.

16 ‘‘(2) REQUIREMENTS FOR PUBLICLY OWNED

17 TREATMENT WORKS.—

18 ‘‘(A) IN GENERAL.—Except as provided in

19 subparagraph (B), each publicly owned treat20 ment works that receives assistance under this

21 subsection shall be required to meet the re22 quirements of this Act in the same manner as

23 is required for each publicly owned treatment

24 works that receives assistance under title II.
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1 ‘‘(B) EXCEPTION.—In the case of a pub2 licly owned treatment works in the District of

3 Columbia, the matching percentage required

4 under title II shall be 20 percent.

5 ‘‘(3) INNOVATIVE PROJECTS.—Notwithstanding

6 any other provision of this title, if the Administrator

7 finds that an innovative or alternative process or

8 technology funded pursuant to title II has not met

9 design performance specifications and has signifi10 cantly increased capitalization or operation or main11 tenance costs, and such failure of the process or

12 technology to meet design specifications is not at13 tributable to negligence on the part of any person,

14 a State may use funds allotted to the State pursuant

15 to this title to award a grant for up to 100 percent

16 of the cost of a modification or replacement of the

17 process or technology.’’.

18 (2) ADMINISTRATIVE COSTS.—Section

19 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by in20 serting before the period at the end the following: ‘‘,

21 or, at the request of the State and with the approval

of the Administrator, up to 1 22 ⁄2 percent of the sum

23 of the total amount of the capitalization grants

24 made to the State under this title and funds depos-
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1 ited by the State from sums made available by the

2 State’’.

3 (3) MANAGEMENT OF FUNDS.—The first sen4 tence of section 205(g)(1) (33 U.S.C. 1285(g)(1)) is

5 amended by striking ‘‘ending before October 1,

6 1994’’ and inserting ‘‘ending before October 1,

7 1997’’.

8 (f) ALLOTMENT OF FUNDS.—Subsection (a) of

9 section 604 (33 U.S.C. 1384(a)) is amended to read as

10 follows:

11 ‘‘(a) FORMULA.—

12 ‘‘(1) FISCAL YEARS 1995–1998.—The Adminis13 trator shall, not later than 90 days prior to the be14 ginning of each fiscal year, allot the amounts, other

15 than amounts reserved pursuant to paragraph (3),

16 appropriated for each of fiscal years 1995, 1996,

17 1997, and 1998 as authorized by section 607 among

18 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
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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.

1 ‘‘(2) FISCAL YEARS 1999–2000.—

2 ‘‘(A) IN GENERAL.—The Administrator

3 shall, not later than 90 days prior to the begin4 ning of each fiscal year, allot amounts, other

5 than amounts reserved pursuant to paragraph

6 (3), appropriated for each of fiscal years 1999
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1 and 2000 as authorized by section 607 among

2 the States in the ratio that the documented cost

3 of constructing all publicly owned treatment fa4 cilities in categories I, II, III, IV, and V (as de5 fined in the 1992 Needs Survey and as set

6 forth in the most recent needs assessment com7 piled pursuant to section 516(b)) bears to the

8 cost of constructing the publicly owned treat9 ment facilities in all of the States.

10 ‘‘(B) MINIMUM SHARE.—Each of the 50

States shall receive not less than 1 11 ⁄2 of 1 per12 cent of the sums allotted pursuant to this para13 graph.

14 ‘‘(C) MINIMUM ALLOCATION.—Except as

15 provided in subparagraph (B), no State shall

16 receive an allotment under this paragraph that

17 is less than 90 percent of the proportionate

18 share received in fiscal year 1997.

19 ‘‘(D) REDUCTION OF FUNDS.—The Ad20 ministrator is authorized to reduce proportion21 ally the funds allotted to any State under this

22 paragraph that receives an allotment greater

23 than that received in fiscal year 1997, to ensure

24 the availability of funds to carry out subpara25 graph (C).
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1 ‘‘(3) WATERSHED PLANNING.—

2 ‘‘(A) RESERVATION OF FUNDS.—Of the

3 amounts appropriated as authorized by section

4 607 in each fiscal year, the Administrator shall,

5 prior to making any allocation under paragraph

6 (1) or (2), reserve for the purposes of this para7 graph, the following percentages:

8 ‘‘(i) 5 percent in fiscal year 1996.

9 ‘‘(ii) 10 percent in fiscal year 1997.

10 ‘‘(iii) 15 percent in fiscal year 1998.

11 ‘‘(iv) 20 percent in fiscal year 1999.

12 ‘‘(v) 25 percent in fiscal year 2000.

13 ‘‘(B) ALLOCATION TO STATES.—The Ad14 ministrator shall allot the amounts reserved

15 pursuant to this paragraph among States in

16 each fiscal year based on a formula reflecting

17 the cost and water quality benefits of projects

18 included in comprehensive watershed manage19 ment plans approved by the Administrator pur20 suant to section 321. Each State shall receive

21 that portion of the funds that bears the same

22 ratio to the amounts made available for allot23 ment under this subparagraph as the total

24 amount of costs of projects eligible for assist25 ance under section 603(c)(1)(G) for the State
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1 bears to the total amount of costs of projects el2 igible for assistance under section 603(c)(1)(G)

3 for all States, except that the Administrator

4 may adjust the ratio to give greater weight in

5 the formula to low-cost, non-structural projects

6 with commensurately larger water quality bene7 fits. Each of the 50 States shall receive not less

than 1 8 ⁄2 of 1 percent of the sums allotted pursu9 ant to this paragraph.’’.

10 (g) REALLOTMENT OF UNOBLIGATED FUNDS.—Sec11 tion 604(c)(2) (33 U.S.C. 1384(c)(2)) is amended by

12 striking the first sentence and inserting the following new

13 sentence: ‘‘The amount of any allotment not obligated by

14 the State by the last day of the 2-year period of availabil15 ity established by paragraph (1) shall be immediately real16 lotted by the Administrator on the basis of the same ratio

17 as is applicable to sums allotted under paragraph (1) or

18 (2) of subsection (a) for the second fiscal year of the 2-

19 year period.’’.

20 (h) PLANNING FUNDS.—Subsection (b) of section

21 604 (33 U.S.C. 1384(b)) is amended to read as follows:

22 ‘‘(b) RESERVATION OF FUNDS FOR PLANNING.—To

23 carry out planning under sections 205(j)(2), 303(e), and

24 321, each State shall reserve for each fiscal year the

25 greater of—
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1 ‘‘(1) an amount not to exceed 3 percent of the

2 funds allotted to the State under this section for the

3 fiscal year; or

4 ‘‘(2) $250,000.’’.

5 (i) INTEREST SUBSIDY.—Section 603(d) (33 U.S.C.

6 1383(d)) is amended—

7 (1) by redesignating paragraphs (5) through

8 (7) as paragraphs (6) through (8), respectively; and

9 (2) by inserting after paragraph (4) the follow10 ing new paragraph:

11 ‘‘(5) as a source of revenue or security for the

12 payment of interest on a local obligation, except that

13 no funds made available directly by capitalization

14 grants under this title or funds provided by the

15 State as matching funds for the grants may be used

16 for the purpose described in this paragraph;’’.

17 (j) AUTHORIZATION OF APPROPRIATIONS.—Section

18 607 (33 U.S.C. 1387) is amended—

19 (1) by striking ‘‘There is authorized’’ and in20 serting ‘‘(a) IN GENERAL.—Except as provided in

21 subsection (b), there are authorized’’;

22 (2) in subsection (a) (as so designated)—

23 (A) in paragraph (4), by striking ‘‘and’’ at

24 the end;
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1 (B) in paragraph (5), by striking the pe2 riod at the end and inserting ‘‘; and’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(6) $2,500,000,000 for each of fiscal years

6 1995 through 2000.’’; and

7 (3) by adding at the end the following new sub8 section:

9 ‘‘(b) DEFICIT REDUCTION.—

10 ‘‘(1) FISCAL YEARS 1996 THROUGH 1998.—If,

11 with respect to any of fiscal years 1996 through

12 1998, the estimate of the on-budget deficit contained

13 in the most recent mid-session review of the budget

14 prepared pursuant to section 1106 of title 31, Unit15 ed States Code, does not exceed the on-budget defi16 cit specified for the fiscal year in section 2 of the

17 conference report to accompany House Concurrent

18 Resolution 64, setting forth the congressional budget

19 of the United States Government for fiscal years

20 1994 through 1998, as passed by the Senate on

21 April 1, 1993, the amount authorized to be appro22 priated under subsection (a) for the fiscal year shall

23 be increased by—

24 ‘‘(A) for fiscal year 1996, $500,000,000;
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1 ‘‘(B) for fiscal year 1997, $1,000,000,000;

2 and

3 ‘‘(C) for fiscal year 1998, $1,500,000,000.

4 ‘‘(2) FISCAL YEARS 1999 AND 2000.—If, with re5 spect to fiscal year 1999 or 2000, the estimate of

6 the on-budget deficit contained in the most recent

7 mid-session review of the budget prepared pursuant

8 to section 1106 of title 31, United States Code, does

9 not exceed the estimate for the preceding fiscal year,

10 the amount authorized to be appropriated under

11 subsection (a) for the fiscal year shall be increased

12 by—

13 ‘‘(A) for fiscal year 1999, $2,000,000,000;

14 and

15 ‘‘(B) for fiscal year 2000,

16 $2,500,000,000.’’.

17 (k) CONSTRUCTION GRANTS.—

18 (1) AMENDMENTS TO TITLE II.—Title II (33

19 U.S.C. 1281 et seq.) is amended—

20 (A) in section 205(c)(3) (33 U.S.C.

21 1285(c)(3))—

22 (i) in the paragraph heading, by strik23 ing ‘‘1987–1990’’ and inserting ‘‘1987–2000’’;
29

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1 (ii) by striking ‘‘1987, 1988, 1989,

2 and 1990’’ and inserting ‘‘1987 through

3 2000’’; and

4 (iii) by striking the last sentence (in5 cluding the table); and

6 (B) in section 218(c) (33 U.S.C. 1298(c)),

7 by striking ‘‘$10,000,000’’ and inserting

8 ‘‘$25,000,000’’.

9 (2) CONSTRUCTION GRANTS.—The matter

10 under the heading ‘‘CONSTRUCTION GRANTS’’ under

11 the heading ‘‘ENVIRONMENTAL PROTECTION AGEN12 CY’’ in title III of the Departments of Veterans Af13 fairs and Housing and Urban Development, and

14 Independent Agencies Appropriations Act, 1990

15 (Public Law 101–144; 103 Stat. 858) is amended by

16 striking all after ‘‘Ware Shoals, South Carolina’’ and

17 inserting a period.

18 (3) STATE MANAGEMENT FUNDS.—The first

19 sentence of section 205(g)(1) (33 U.S.C.

20 1285(g)(1)) is amended—

21 (A) by striking ‘‘$400,000’’ and inserting

22 ‘‘$500,000’’; and

23 (B) by inserting before the period at the

24 end the following: ‘‘, or a greater amount as de-
30

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1 termined by the Administrator after consulta2 tion with the State’’.

3 (l) RESERVATION OF FUNDS FOR NEW YORK.—The

4 Administrator of the Environmental Protection Agency

5 shall reserve from funds allotted to the State of New York

6 pursuant to section 604(a)(1) of the Federal Water Pollu7 tion Control Act (33 U.S.C. 1384(a)(1)) $20,000,000 for

8 each of fiscal years 1996 through 2000. Funds reserved

9 pursuant to this subsection shall be available to make a

10 grant to implement a plan for the elimination of dis11 charges to Onondaga Lake, New York, and for related ac12 tivities. Funds reserved pursuant to this subsection shall

13 remain available for obligation in the year in which the

14 funds were appropriated and the following fiscal year. For

15 each fiscal year, any funds reserved pursuant to this sub16 section that are not obligated pursuant to this subsection

17 shall be added to the amounts made available to the State

18 of New York pursuant to title VI of such Act (33 U.S.C.

19 1381 et seq.) in the following fiscal year.

20 SEC. 102. STATE PROGRAM GRANTS.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

22 106(a) (33 U.S.C. 1256(a)) is amended—

23 (1) by inserting after ‘‘(a)’’ the following new

24 subsection heading: ‘‘AUTHORIZATION OF APPRO25 PRIATIONS.—’’;
31

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1 (2) in paragraph (1), by striking ‘‘and’’ at the

2 end;

3 (3) in paragraph (2), by striking ‘‘for grants to

4 States’’ and all that follows through the end of the

5 paragraph; and

6 (4) by adding at the end the following new

7 paragraphs:

8 ‘‘(3) such sums as may be necessary for each

9 of fiscal years 1991 through 1994; and

10 ‘‘(4) $150,000,000 for each of fiscal years 1995

11 through 2000.’’.

12 (b) STATE PROGRAM.—Subsection (b) of section 106

13 (33 U.S.C. 1256(b)) is amended to read as follows:

14 ‘‘(b) STATE PROGRAM.—From the sums made avail15 able pursuant to subsection (a), the Administrator shall

16 make grants to the States and to interstate agencies to

17 support the administration of comprehensive State water

18 pollution control programs for the prevention, reduction,

19 and elimination of water pollution, including enforcement

20 directly or through appropriate State law enforcement of21 ficers or agencies. The Administrator shall give preference

22 for grant assistance under this section to States that have

23 established a program under section 123.’’.

24 (c) ALLOTMENTS.—Subsection (c) of section 106 (33

25 U.S.C. 1256(c)) is amended to read as follows:
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1 ‘‘(c) ALLOTMENTS.—Sums made available by appro2 priation pursuant to subsection (a) for any fiscal year

3 shall be allotted to States and interstate agencies on the

4 basis of the extent of water pollution problems in the

5 respective States and the other requirements of this

6 section.’’.

7 (d) STATE SHARE.—Subsection (d) of section 106

8 (33 U.S.C. 1256(d)) is amended to read as follows:

9 ‘‘(d) STATE SHARE.—

10 ‘‘(1) GRANT CONDITION.—A grant made to a

11 State or interstate agency pursuant to this section

12 shall be made on the condition that the State or

13 interstate agency provide from non-Federal funds an

14 amount determined by multiplying the amount allot15 ted to the State or interstate agency pursuant to

16 subsection (c) by the applicable percentage specified

17 in paragraph (2).

18 ‘‘(2) APPLICABLE PERCENTAGE.—The applica19 ble percentage referred to in paragraph (1) shall

20 be—

21 ‘‘(A) 30 percent for fiscal year 1995;

22 ‘‘(B) 40 percent for fiscal year 1996; and

23 ‘‘(C) 50 percent for each fiscal year there24 after.’’.
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1 (e) EMERGENCY POWERS.—Section 106(e) (33

2 U.S.C. 1256(e)) is amended—

3 (1) by inserting after ‘‘(e)’’ the following new

4 subsection heading: ‘‘EMERGENCY POWERS.—’’; and

5 (2) by striking ‘‘program—’’ and all that fol6 lows through ‘‘(2)’’ and inserting ‘‘program’’.

7 (f) OTHER AGENCIES.—Section 106 (33 U.S.C.

8 1256) is amended by adding at the end the following new

9 subsection:

10 ‘‘(h) OTHER AGENCIES.—A State that receives a

11 grant under this section may reserve an amount equal to

12 not more than 20 percent of the amount of the grant to

13 support the participation by substate regional comprehen14 sive planning agencies in water quality planning activities,

15 including participation by the agencies in the development

16 and periodic revision of a continuing water quality plan17 ning process pursuant to section 303(e).’’.

18 (g) PERFORMANCE GOALS AND INDICATORS.—Sec19 tion 106 (33 U.S.C. 1256), as amended by subsection (f),

20 is further amended by adding at the end the following new

21 subsection:

22 ‘‘(i) PERFORMANCE GOALS AND INDICATORS.—

23 ‘‘(1) IN GENERAL.—The Administrator shall,

24 after consultation with the Comptroller General of

25 the United States and the water pollution control of-
34

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1 ficials of the several States, identify national goals

2 for the water quality protection and restoration pro3 grams established under this Act, including the goals

4 established by section 101, and develop performance

5 measures and indicators by which attainment of the

6 goals can be measured.

7 ‘‘(2) GUIDANCE TO THE STATES.—Not later

8 than 2 years after the date of enactment of this sub9 section, the Administrator shall publish guidance for

10 the operation of Federal and State water quality

11 programs providing for performance-based evalua12 tion of the programs. The guidance shall—

13 ‘‘(A) identify water quality goals for the

14 programs, including attainment and mainte15 nance of water quality standards for waters of

16 various types;

17 ‘‘(B) specify performance measures and in18 dicators by which achievement of program goals

19 can be measured;

20 ‘‘(C) reflect regional variations in water

21 quality conditions and problems and new devel22 opments in science and technology; and

23 ‘‘(D) identify data collection practices nec24 essary to support the development of perform25 ance measures and indicators.
35

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1 ‘‘(3) EXISTING DATA.—In developing the guid2 ance required by paragraph (2), the Administrator

3 shall consider the utility of available data and infor4 mation systems and the costs of collecting, storing,

5 and retrieving additional data.

6 ‘‘(4) REPORTING.—The Administrator shall in7 clude program performance indicators developed

8 pursuant to this subsection in reports prepared pur9 suant to section 305(c).’’.

10 (h) CONFORMING AMENDMENT.—The section head11 ing of section 106 (33 U.S.C. 1256) is amended to read

12 as follows:

13 ‘‘GRANTS FOR POLLUTION CONTROL PROGRAM’’.

14 SEC. 103. GENERAL PROGRAM AUTHORIZATIONS.

15 Section 517 (33 U.S.C. 1376) is amended—

16 (1) by striking ‘‘and’’ before ‘‘$135,000,000’’;

17 and

18 (2) by inserting before the period at the end the

19 following: ‘‘, such sums as may be necessary for each

20 of fiscal years 1991 through 1993, $185,000,000 for

21 each of fiscal years 1994 and 1995, $190,000,000

22 for each of fiscal years 1996 and 1997,

23 $195,000,000 for each of fiscal years 1998 and

24 1999, and $200,000,000 for fiscal year 2000.’’.
36

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1 TITLE II—TOXIC POLLUTION

2 PREVENTION AND CONTROL

3 SEC. 201. POINT SOURCE TECHNOLOGY BASED CONTROLS.

4 (a) EFFLUENT GUIDELINES.—Section 304(b) (33

5 U.S.C. 1314(b)) is amended—

6 (1) in paragraph (1)—

7 (A) in subparagraph (A)—

8 (i) by striking ‘‘currently’’; and

9 (ii) by striking ‘‘and’’ at the end of

10 the subparagraph;

11 (B) by inserting ‘‘and’’ at the end of sub12 paragraph (B); and

13 (C) by adding at the end the following new

14 subparagraph:

15 ‘‘(C) in determining the best practicable control

16 technology available, give highest priority, consistent

17 with the factors identified in subparagraph (B), to

18 source reduction measures and practices, including

19 changes in production processes, that reduce, avoid,

20 or eliminate the generation of pollutants, including

21 toxic or hazardous byproducts.’’;

22 (2) in paragraph (2)—

23 (A) by striking ‘‘and’’ at the end of sub24 paragraph (A);
37

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1 (B) by inserting ‘‘and’’ at the end of sub2 paragraph (B); and

3 (C) by adding at the end the following new

4 subparagraph:

5 ‘‘(C) in determining the best practices and

6 measures, give highest priority, consistent with the

7 factors identified in subparagraph (B), to source re8 duction measures and practices, including changes in

9 production processes, that reduce, avoid, or elimi10 nate the generation of pollutants, including toxic or

11 hazardous byproducts.’’;

12 (3) by striking ‘‘and’’ at the end of paragraph

13 (3);

14 (4) by striking the period at the end of para15 graph (4) and inserting ‘‘; and’’; and

16 (5) by adding at the end the following new

17 paragraphs:

18 ‘‘(5) identify control measures available to pro19 hibit or limit the release of pollutants associated

20 with wastewater that are subject to a guideline

21 under this subsection to other environmental media

22 (including ground water), taking into account the

23 cost of achieving the prohibition or limitation on re24 leases; and
38

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1 ‘‘(6) prohibit specific control measures or prac2 tices that the Administrator determines are likely to

3 have a significant adverse effect on any environ4 mental medium.’’.

5 (b) NEW SOURCE PERFORMANCE STANDARDS.—Sec6 tion 306(a)(1) (33 U.S.C. 1316(a)(1)) is amended—

7 (1) by striking ‘‘(1) The’’ and inserting the fol8 lowing:

9 ‘‘(1) STANDARD OF PERFORMANCE.—

10 ‘‘(A) IN GENERAL.—The’’; and

11 (2) by adding at the end the following new sub12 paragraph:

13 ‘‘(B) FACTORS TO BE CONSIDERED.—In

14 determining the best available demonstrated

15 control technology, the Administrator shall—

16 ‘‘(i) give highest priority, consistent

17 with the factors identified in subparagraph

18 (A), to source reduction measures and

19 practices, including changes in production

20 processes, that reduce, avoid, or eliminate

21 the generation of pollutants, including

22 toxic or hazardous byproducts;

23 ‘‘(ii) prohibit or limit the release of

24 pollutants associated with wastewater that

25 are subject to a standard pursuant to this
39

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1 section to other environmental media (in2 cluding ground water) to the greatest de3 gree that the Administrator determines

4 achievable through application of best dem5 onstrated control technology, processes, op6 erating methods, or other alternatives for

7 the category or class of sources to which

8 the standard applies; and

9 ‘‘(iii) prohibit specific control meas10 ures or practices that the Administrator

11 determines are likely to have a significant

12 adverse impact on any environmental

13 medium.’’.

14 (c) PRETREATMENT STANDARDS.—

15 (1) IN GENERAL.—Subsection (b) of section

16 307 (33 U.S.C. 1317(b)) is amended to read as

17 follows:

18 ‘‘(b) PRETREATMENT STANDARDS.—

19 ‘‘(1) IN GENERAL.—The Administrator shall,

20 after notice and opportunity for public comment,

21 promulgate regulations establishing pretreatment

22 standards for the introduction of pollutants into any

23 treatment works (as defined in section 212) that is

24 publicly owned. The regulations promulgated under

25 this section shall—
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1 ‘‘(A) address, at a minimum, each pollut2 ant subject to an effluent guideline under sec3 tion 301 or 304 for sources in the same class

4 or category, unless the Administrator deter5 mines that the pollutant is biodegradable and

6 publicly owned treatment works will achieve a

7 level of treatment for the pollutant equivalent

8 to the level of treatment that would be required

9 if the pollutant was discharged and subject to

10 a guideline published pursuant to section

11 304(b); and

12 ‘‘(B) be established to prevent the dis13 charge of any pollutant through the treatment

14 works that—

15 ‘‘(i) interferes with, passes through,

16 or is otherwise incompatible with the treat17 ment works; or

18 ‘‘(ii) causes or contributes to the con19 tamination of or prevents the beneficial

20 reuse of sewage sludge.

21 ‘‘(2) REQUIREMENTS FOR CATEGORICAL

22 PRETREATMENT STANDARDS.—Each pretreatment

23 standard for a particular industrial category estab24 lished under paragraph (1) shall—
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1 ‘‘(A) reflect the application of the best con2 trol measures and practices achievable for the

3 class or category of sources to which the stand4 ard applies considering the factors set forth in

5 sections 301 and 304(b)(2);

6 ‘‘(B) with respect to the determination of

7 the best control measures and practices under

8 subparagraph (A), give highest priority, consist9 ent with the factors identified in subparagraph

10 (A), to source reduction measures and prac11 tices, including changes in production processes,

12 that reduce, avoid, or eliminate the generation

13 of pollutants, including toxic or hazardous by14 products;

15 ‘‘(C) require the elimination of the intro16 duction of pollutants into any treatment works

17 in any case in which the Administrator deter18 mines that the elimination is technologically

19 and economically achievable for the category or

20 class of sources to which the standard applies,

21 unless the Administrator determines that the

22 pollutant is biodegradable and publicly owned

23 treatment works will achieve a level of treat24 ment for the pollutant equivalent to the level of

25 treatment that would be required if the pollut-
42

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1 ant was discharged and subject to a guideline

2 published pursuant to section 304(b);

3 ‘‘(D) prohibit or limit the release of pollut4 ants associated with wastewater that are sub5 ject to a standard pursuant to this section to

6 other environmental media (including ground

7 water), consistent with the factors identified in

8 sections 301(b) and 304(b)(2)(B) for the cat9 egory or class of sources to which the standard

10 applies;

11 ‘‘(E) prohibit specific control measures or

12 practices that the Administrator determines are

13 likely to have a significant adverse impact on

14 any environmental medium; and

15 ‘‘(F) be no less stringent than any effluent

16 guideline for the pollutants (other than any

17 conventional pollutant) and the category or

18 class of sources promulgated under section

19 304(b).

20 ‘‘(3) DESIGNATION OF CATEGORIES.—When

21 proposing or promulgating any pretreatment stand22 ard under this section, the Administrator shall des23 ignate the category or class of sources to which the

24 standard shall apply.
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1 ‘‘(4) COMPLIANCE DATE.—Each pretreatment

2 standard promulgated under this subsection shall

3 specify a date for compliance as expeditiously as

4 practicable, but not later than 3 years after the date

5 of promulgation of the standard.’’.

6 (2) SIMULTANEOUS PROMULGATION.—Section

7 307(c) (33 U.S.C. 1317(c)) is amended—

8 (A) by inserting ‘‘STANDARDS RE9 QUIRED.—’’ after ‘‘(c)’’;

10 (B) by striking ‘‘In order to ensure’’ and

11 inserting the following:

12 ‘‘(1) NEW SOURCES.—In order to ensure’’; and

13 (C) by striking the last sentence of the

14 subsection and inserting the following new

15 paragraph:

16 ‘‘(2) REQUIREMENTS FOR PRETREATMENT

17 STANDARDS.—A pretreatment standard referred to

18 in paragraph (1) shall—

19 ‘‘(A) comply with the requirements of sub20 section (b), and may be more stringent than a

21 standard promulgated under such subsection

22 for existing sources;

23 ‘‘(B) be no less stringent than any stand24 ard of performance promulgated under section

25 306 for the pollutants (other than conventional
44

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1 pollutants) and the category or class of sources

2 to which the pretreatment standard applies; and

3 ‘‘(C) be effective on the date of promulga4 tion for sources that commenced construction

5 after the date the standard was proposed.’’.

6 (d) CONFORMING AMENDMENTS.—Section 301(b)

7 (33 U.S.C. 1311(b)) is amended—

8 (1) in paragraph (1)—

9 (A) in subparagraph (A)(ii), by striking

10 ‘‘which meets the requirements of subparagraph

11 (B) of this paragraph,’’;

12 (B) in subparagraph (C), by inserting after

13 ‘‘not later than July 1, 1977,’’ the following:

14 ‘‘or, with respect to a limitation issued after

15 July 1, 1977, as expeditiously as practicable,

16 but not later than 3 years after the date the

17 limitation is issued,’’; and

18 (C) by adding after subparagraph (C) the

19 following new sentence:

20 ‘‘A permit issued under section 402 may contain a

21 compliance schedule for a limitation referred to in

22 subparagraph (C) only if the compliance schedule is

23 not precluded by any State law (including any regu24 lation), and either the effluent limitation applicable

25 to the pollutant is more stringent than the limitation
45

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1 in the previous permit or the previous permit did not

2 include a limitation applicable to the pollutant.’’;

3 and

4 (2) in paragraphs (2) and (3)(A), by striking ‘‘,

5 and in no case later than March 31, 1989’’ each

6 place it appears.

7 (e) SCHEDULE FOR GUIDELINES AND STANDARDS.—

8 (1) IN GENERAL.—Subsection (d) of section

9 301 (33 U.S.C. 1311(d)) is amended to read as fol10 lows:

11 ‘‘(d) REVISION OF EFFLUENT GUIDELINES.—

12 ‘‘(1) IN GENERAL.—Each effluent guideline

13 (and each related requirement, including any limita14 tion) required pursuant to subsection (b) or promul15 gated under section 304(b) shall be reviewed and re16 vised in accordance with the schedule established

17 under section 304(m).

18 ‘‘(2) REVISION OF GUIDELINE.—If, in the judg19 ment of the Administrator, there have been signifi20 cant changes in factors pertaining to an effluent

21 guideline, including advances in pollution control

22 technology or source reduction practices, that are

23 likely to achieve a significant reduction in the vol24 ume or toxicity of pollutants discharged to navigable

25 waters by sources in the category or class of sources
46

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1 to which the guideline applies, the Administrator

2 shall revise the guideline.

3 ‘‘(3) SIMULTANEOUS REVIEW AND REVISION.—

4 At the same time as the Administrator reviews or re5 vises an effluent guideline (or related requirement)

6 pursuant to this subsection, the Administrator shall

7 review or revise new source performance standards

8 promulgated pursuant to section 306 and

9 pretreatment standards for existing sources and new

10 sources promulgated pursuant to section 307 for

11 sources in the class or category of sources.’’.

12 (2) PLAN FOR REVIEW.—Section 304(m) (33

13 U.S.C. 1314(m)) is amended—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘(1)’’ and all that fol16 lows through ‘‘biennially’’ and inserting the

17 following:

18 ‘‘(1) PUBLICATION.—Not later than January 1,

19 1998, and every 5 years’’;

20 (ii) in subparagraph (A)—

21 (I) by striking ‘‘annual’’; and

22 (II) by inserting before the semi23 colon the following: ‘‘, new source per24 formance standards promulgated in

25 accordance with section 306, and
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1 pretreatment standards for existing

2 sources and new sources promulgated

3 pursuant to section 307’’;

4 (iii) in subparagraph (B)—

5 (I) by striking ‘‘discharging toxic

6 or nonconventional pollutants’’;

7 (II) by striking ‘‘(b)(2)’’ and in8 serting ‘‘(b)’’; and

9 (III) by striking ‘‘section 306’’

10 and inserting ‘‘sections 306 and 307’’;

11 and

12 (iv) in subparagraph (C), by striking

13 ‘‘3 years after the publication of the plan’’

14 and inserting ‘‘5 years after the publica15 tion of the plan’’; and

16 (B) by adding at the end the following new

17 paragraphs:

18 ‘‘(3) REVIEW OF INDIRECT DISCHARGE STAND19 ARDS.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 subparagraph (B), notwithstanding section

22 301(d) and any other requirement of this sub23 section, the Administrator shall, as part of the

24 plan required to be developed by the Adminis25 trator pursuant to this subsection by January
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1 1, 1998, assess standards for existing sources

2 and new sources developed pursuant to section

3 307 and identify, with respect to each standard

4 applicable to pollutants that do not biodegrade,

5 any requirements of the standard that are less

6 stringent than the requirements under this sec7 tion and sections 301 and 306.

8 ‘‘(B) EXCEPTION.—Subparagraph (A)

9 shall not apply with respect to a category or

10 subcategory of industrial sources with respect

11 to which no facility would be affected by a

12 standard promulgated pursuant to section 307.

13 ‘‘(4) SIMULTANEOUS PUBLICATION.—

14 ‘‘(A) IN GENERAL.—Except as provided in

15 subparagraph (B), notwithstanding any other

16 provision of this Act, at the same time as the

17 Administrator promulgates and publishes efflu18 ent guidelines pursuant to section 301 and this

19 section, the Administrator shall, for each indus20 try that is covered by guidelines promulgated

21 pursuant to such sections, promulgate and pub22 lish—

23 ‘‘(i) standards for new sources pursu24 ant to section 306; and
49

•S 2093 PCS

1 ‘‘(ii) pretreatment standards for exist2 ing sources and new sources pursuant to

3 section 307.

4 ‘‘(B) EXCEPTION.—If, with respect to the

5 pretreatment standards for existing sources re6 ferred to in subparagraph (A)(ii), no facility

7 would be affected by the standards, the require8 ments of such subparagraph shall not apply

9 with respect to the existing sources.

10 ‘‘(5) COORDINATION WITH OTHER ENVIRON11 MENTAL LAWS.—In developing a plan pursuant to

12 this section, the Administrator shall, if appropriate,

13 coordinate the development of effluent guidelines

14 with the development of related standards or re15 quirements under other environmental laws, includ16 ing the Solid Waste Disposal Act (42 U.S.C. 6901

17 et seq.) and the Clean Air Act (42 U.S.C. 7401 et

18 seq.).’’.

19 (3) CONFORMANCE WITH CONSENT DECREE.—

20 Nothing in this Act or the amendments made by this

21 Act is intended to relieve the Administrator of any

22 requirements or obligations of the Administrator

23 under the consent decree in Natural Resources De24 fense Council v. Reilly, Civ. No. 89–2980 (D.D.C.

25 filed January 25, 1991).
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1 (f) PLANT SITE RUNOFF.—The first sentence of sec2 tion 304(e) (33 U.S.C. 1314(e)) is amended by striking

3 ‘‘for any specific pollutant which the Administrator is

4 charged with a duty to regulate as a toxic or hazardous

5 pollutant under section 307(a)(1) or 311 of this Act,’’.

6 SEC. 202. WATER QUALITY CRITERIA AND STANDARDS.

7 (a) CRITERIA DOCUMENTS.—Section 304(a) (33

8 U.S.C. 1314(a)) is amended—

9 (1) by striking ‘‘(a)(1) The Administrator’’ and

10 inserting the following:

11 ‘‘(a) CRITERIA AND INFORMATION.—

12 ‘‘(1) IN GENERAL.—The Administrator’’;

13 (2) in paragraph (1)(A), by striking the semi14 colon at the end and inserting ‘‘, and the sediment

15 associated with the bodies of water;’’;

16 (3) in paragraph (2)—

17 (A) by striking ‘‘(2) The Administrator’’

18 and inserting the following:

19 ‘‘(2) INFORMATION.—The Administrator’’;

20 (B) by striking ‘‘and’’ at the end of sub21 paragraphs (B) and (C); and

22 (C) by striking the period at the end of the

23 paragraph and inserting ‘‘; and (E) with re24 spect to toxic pollutants, on numerical pollutant

25 concentration criteria that are sufficient to en-
51

•S 2093 PCS

1 sure the attainment of designated uses estab2 lished by a State.’’;

3 (4) in paragraph (3), by striking ‘‘(3) Such cri4 teria’’ and inserting the following:

5 ‘‘(3) PUBLICATION OF CRITERIA AND INFORMA6 TION.—The criteria’’;

7 (5) in paragraph (4)—

8 (A) by striking ‘‘(4) The Administrator’’

9 and inserting the following:

10 ‘‘(4) INFORMATION.—

11 ‘‘(A) IN GENERAL.—The Administrator’’;

12 (B) in the first sentence, by striking ‘‘fecal

13 coliform, and pH’’ and inserting ‘‘pathogens or

14 indicators of pathogens (or both), pH, oil, and

15 grease’’; and

16 (C) by adding at the end the following new

17 subparagraph:

18 ‘‘(B) PUBLICATION OF CRITERIA.—Not

19 later than 3 years after the date of enactment

20 of this subparagraph, the Administrator shall

21 publish criteria pursuant to paragraph (1)—

22 ‘‘(i) for those pollutants or factors

23 that the Administrator determines pose the

24 greatest risk to the physical, chemical, or
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1 biological integrity of waters from all

2 nonpoint sources; and

3 ‘‘(ii) that, on the basis of the potential

4 for improving water quality and enhancing

5 the protection of aquatic life and wildlife,

6 programmatic needs, or effectiveness,

7 would provide the greatest benefit in the

8 restoration and protection of the physical,

9 chemical, and biological integrity of waters,

10 including, at a minimum, criteria for nutrients,

11 suspended solids, and dissolved oxygen.’’;

12 (6) by striking paragraph (5) and inserting the

13 following new paragraph:

14 ‘‘(5) PLAN.—

15 ‘‘(A) IN GENERAL.—Not later than 2 years

16 after the date of enactment of the Water Pollu17 tion Prevention and Control Act of 1994, and

18 every 5 years thereafter, the Administrator

19 shall prepare and publish in the Federal Reg20 ister a plan for the development of criteria and

21 information pursuant to this subsection during

22 the 5-year period beginning on the date of pub23 lication of the plan, and, after providing oppor24 tunity for public review and comment, submit

25 the plan to Congress.
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1 ‘‘(B) REQUIREMENTS FOR PLAN.—Each

2 plan prepared pursuant to this paragraph shall

3 identify the relative need for new or revised—

4 ‘‘(i) human health criteria;

5 ‘‘(ii) aquatic life criteria for fresh wa6 ters and waters of the estuarine zone, the

7 territorial sea, the contiguous zone, and

8 the ocean;

9 ‘‘(iii) sediment quality criteria;

10 ‘‘(iv) criteria for pollutants associated

11 with nonpoint sources of pollution;

12 ‘‘(v) criteria for pollutants associated

13 with lakes;

14 ‘‘(vi) ground water criteria;

15 ‘‘(vii) aquatic habitat criteria;

16 ‘‘(viii) wildlife criteria; and

17 ‘‘(ix) ambient biological criteria.

18 ‘‘(C) SCHEDULE FOR PUBLICATION OF

19 FINAL CRITERIA.—Each plan prepared pursu20 ant to this paragraph shall establish a schedule

21 for the publication of final criteria that the Ad22 ministrator determines would result in the

23 greatest benefit to human health and the

24 environment.
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1 ‘‘(D) INITIAL PLAN.—The initial plan pub2 lished pursuant to this paragraph shall provide

3 for the publication, not later than 4 years after

4 the date of enactment of this subparagraph, of

5 not fewer than 8 sediment quality criteria that

6 the Administrator determines would result in

7 the greatest benefit to human health or the

8 environment.’’;

9 (7) in paragraph (6)—

10 (A) by striking ‘‘(6) The Administrator’’

11 and inserting the following:

12 ‘‘(6) PUBLICATION OF INFORMATION.—The Ad13 ministrator’’; and

14 (B) by striking ‘‘and annually thereafter,

15 for purposes of section 301(h) of this Act’’ and

16 inserting ‘‘and every 5 years thereafter,’’; and

17 (8) by adding at the end the following new

18 paragraphs:

19 ‘‘(9) REQUIREMENTS FOR REGISTRANTS OF

20 PESTICIDES.—

21 ‘‘(A) IN GENERAL.—Beginning on the date

22 that is 1 year after the date of enactment of

23 this paragraph, the Administrator shall require

24 the registrant of a pesticide under the Federal

25 Insecticide, Fungicide, and Rodenticide Act (7
55

•S 2093 PCS

1 U.S.C. 136 et seq.) to provide, not later than

2 the date of registration or reregistration of the

3 pesticide, information that is sufficient to pub4 lish criteria for the pesticide pursuant to para5 graph (1), unless the Administrator determines,

6 on the basis of the proposed use of the pes7 ticide, that it is unlikely that the pesticide or

8 any metabolite of the pesticide will enter water

9 in more than de minimis amounts.

10 ‘‘(B) APPLICABILITY.—This paragraph

11 shall not apply with respect to any data submit12 ted for a registration or reregistration that the

13 Administrator determines was complete on or

14 before the date of enactment of this paragraph.

15 ‘‘(C) USE OF EXISTING DATA, INFORMA16 TION, AND STUDIES.—In carrying out this

17 paragraph, to the extent practicable, the Ad18 ministrator shall use existing data, information,

19 and studies submitted for the registration or re20 registration of a pesticide. If the Administrator

21 finds that additional information is required,

22 the Administrator shall require that the infor23 mation be submitted pursuant to the Federal

24 Insecticide, Fungicide, and Rodenticide Act (7

25 U.S.C. 136 et seq.).
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1 ‘‘(10) POLICY CONCERNING PREMANUFACTURE

2 NOTICES.—Not later than 1 year after the date of

3 enactment of this paragraph, the Administrator shall

4 establish a policy to ensure that information nec5 essary to publish criteria pursuant to this subsection

6 for chemical substances that are the subject of a

7 premanufacture notice pursuant to section 5 of the

8 Toxic Substances Control Act (15 U.S.C. 2604)

9 shall be submitted to the Administrator, unless the

10 Administrator finds that the chemical substance—

11 ‘‘(A) will not be discharged to waters or to

12 a publicly owned treatment works; or

13 ‘‘(B) will be discharged from a negligible

14 number of facilities in a negligible quantity.

15 ‘‘(11) FISH CONSUMPTION GUIDANCE.—Not

16 later than 2 years after the date of enactment of

17 this paragraph, and from time-to-time thereafter as

18 necessary, the Administrator, in cooperation with the

19 heads of appropriate Federal and State agencies and

20 other interested persons, shall prepare and publish

21 guidance concerning contaminant levels in finfish

22 and shellfish for use by States in the development

23 and issuance of finfish and shellfish consumption

24 advisories to protect recreational and subsistence

25 fishers.
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1 ‘‘(12) SEDIMENT QUALITY.—Notwithstanding

2 any other provision of this Act, section 121(d) of the

3 Comprehensive Environmental Response, Compensa4 tion, and Liability Act (42 U.S.C. 9621(d)), or sub5 title C or D of the Solid Waste Disposal Act (42

6 U.S.C. 6921 et seq.), no sediment quality criteria

7 published under this section shall be—

8 ‘‘(A) used as a standard for determining

9 appropriate cleanup levels or whether cleanup

10 should be undertaken with respect to any facil11 ity or site; or

12 ‘‘(B) deemed an applicable or relevant and

13 appropriate requirement for any such remedi14 ation,

15 unless the Administrator, by rule and after notice

16 and opportunity for public comment, determines that

17 a criteria is appropriate for such use. This para18 graph shall not be interpreted, construed, or applied

19 to affect any requirement of State law, including the

20 applicability of sediment quality criteria similar to

21 criteria published under this section, as a standard

22 for cleanup actions taken pursuant to this or other

23 laws.’’.

24 (b) WATER QUALITY STANDARDS.—Section 303 (33

25 U.S.C. 1313) is amended—
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•S 2093 PCS

1 (1) by striking subsections (a) and (b);

2 (2) by redesignating subsection (c) as sub3 section (a);

4 (3) by redesignating subsections (d) through (h)

5 as subsections (c) through (g); and

6 (4) in subsection (a) (as redesignated by para7 graph (2))—

8 (A) in second sentence of paragraph (1),

9 by inserting after ‘‘Results of such review’’ the

10 following: ‘‘(including the designated uses for

11 the navigable waters involved, the water quality

12 criteria for the waters based on the uses, and

13 the antidegradation policy of the State)’’;

14 (B) in paragraph (2)—

15 (i) in subparagraph (A)—

16 (I) by striking the second sen17 tence and inserting the following new

18 sentence: ‘‘The revised or new water

19 quality standard shall be in accord20 ance with the antidegradation policy

21 of the State and shall consist of the

22 designated uses of the navigable wa23 ters involved and the criteria nec24 essary to support the uses.’’; and
59

•S 2093 PCS

1 (II) in the fourth sentence, by

2 striking ‘‘their use and value’’ and in3 serting ‘‘the criteria developed under

4 section 304(a), the use of the water

5 and sediment, and the value’’; and

6 (ii) by adding at the end the following

7 new subparagraph:

8 ‘‘(C) METHODOLOGY.—Not later than 3

9 years after the date of enactment of this sub10 paragraph, each State shall adopt, as part of

11 the water quality standards of the State, a

12 methodology that allows the State to translate

13 a narrative water quality standard into a spe14 cific numeric limit for those pollutants for

15 which criteria guidance have not been published

16 or for which the State has not adopted numeric

17 criteria pursuant to section 304(a). The State

18 shall use the methodology for the pollutants

19 that cause water quality impairments.’’; and

20 (C) by adding at the end the following new

21 paragraphs:

22 ‘‘(5) APPLICABILITY.—

23 ‘‘(A) IN GENERAL.—Each use designation

24 made under this paragraph shall apply to the
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1 designated water and to the aquatic sediments

2 of the water.

3 ‘‘(B) REPORTING.—Not later than 3 years

4 after the date of enactment of this paragraph,

5 and as part of any subsequent triennial review

6 of State water quality standards, each State

7 shall report to the Administrator the designated

8 uses of waters within the State.

9 ‘‘(C) DEEMED DESIGNATED USE.—On the

10 date that is 5 years after the date of enactment

11 of this paragraph, all waters of the United

12 States for which a use has not been designated

13 shall be deemed to be designated as fishable

14 and swimmable, unless a State establishes an

15 alternative use for the waters. If the State sub16 sequently adopts a designated use for a water

17 for which a fishable and swimmable use was

18 designated pursuant to the preceding sentence,

19 the State designation shall be considered the

20 initial designation and not a change in des21 ignated uses for the purposes of this Act.

22 ‘‘(6) POLLUTANT-SPECIFIC STANDARDS.—Each

23 State shall adopt pollutant-specific standards to sup24 port designated uses for each water in the State for

25 any pollutant for which criteria are published pursu-
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1 ant to section 304(a) the discharge or loadings of

2 which could reasonably be expected to interfere with

3 designated uses for the affected water. The stand4 ards shall be adopted as expeditiously as practicable,

5 but not later than 3 years after the date of publica6 tion or revision of the criteria or 3 years after the

7 date of enactment of this paragraph, whichever is

8 later.

9 ‘‘(7) APPLICABLE NUMERIC CRITERIA.—For

10 any chemical-specific numeric criteria for water

11 quality for a toxic pollutant published or revised

12 after the date of enactment of this paragraph, in

13 any case in which numeric standards have not been

14 adopted by a State and submitted to the Adminis15 trator within 3 years of the publication of the cri16 teria document pursuant to section 304(a), the cri17 teria published under section 304(a) shall be the

18 State water quality standard for each water regard19 less of use designation unless and until the State

20 adopts and the Administrator approves a revised

21 standard in accordance with this section.’’.

22 (c) ANTIDEGRADATION.—Section 303 (33 U.S.C.

23 1313), as amended by subsection (b), is further amended

24 by inserting after subsection (a) the following new sub25 section:
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1 ‘‘(b) ANTIDEGRADATION POLICY.—

2 ‘‘(1) IN GENERAL.—Each State shall develop

3 and implement a statewide antidegradation policy

4 and implementation procedures for the policy. The

5 Administrator shall review and approve or dis6 approve the policy and any revisions to the policy

7 adopted by each State. Not later than 3 years after

8 the date of enactment of the Water Pollution Pre9 vention and Control Act of 1994, the Administrator

10 shall, after notice and opportunity for public com11 ment, promulgate and implement an antidegradation

12 policy for each State that does not have a policy that

13 has been approved by the Administrator by such

14 date.

15 ‘‘(2) ANTIDEGRADATION POLICY IMPLEMENTA16 TION METHODS.—The methods for the implementa17 tion of an antidegradation policy under paragraph

18 (1) shall, at a minimum, be consistent with the

19 following:

20 ‘‘(A) Existing instream water uses, includ21 ing any uses occurring on or after November

22 28, 1975, and the water and sediment quality

23 necessary to protect the existing uses, shall be

24 maintained and protected.
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1 ‘‘(B)(i) Except as provided in clause (ii), if

2 the quality of waters and sediments exceeds lev3 els necessary to support the protection and

4 propagation of a balanced population of fish,

5 shellfish, and wildlife, and recreation in and on

6 the water, the quality shall be maintained and

7 protected.

8 ‘‘(ii) If the State finds, after public notice,

9 opportunity for public hearing, and full satisfac10 tion of the intergovernmental coordination pro11 visions of the continuing planning process of

12 the State, that allowing a reduction in the de13 gree of water quality or sediment quality is nec14 essary to accommodate important economic or

15 social development in the area in which the wa16 ters are located, clause (i) may not apply. In al17 lowing a reduction in the degree of water qual18 ity or sediment quality, the State shall ensure

19 a degree of water and sediment quality ade20 quate to protect existing uses (as described in

21 subparagraph (A)), and the State shall en22 sure—

23 ‘‘(I) that all point sources discharging

24 to the waters, and each industrial user dis25 charging to a publicly owned treatment
64

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1 works discharging to the waters for which

2 the level of water or sediment quality is to

3 be reduced, are subject to all applicable re4 quirements of this Act, including any

5 source reduction requirements established

6 pursuant to section 301, 304, 306, 307, or

7 401; and

8 ‘‘(II) that all nonpoint sources within

9 the State that affect or may affect the

10 water or sediment quality referred to in

11 subclause (I) are subject to enforceable

12 best management practices pursuant to

13 section 319 that are economically and tech14 nologically achievable for the sources.

15 ‘‘(3) OUTSTANDING NATIONAL RESOURCE WA16 TERS.—

17 ‘‘(A) IN GENERAL.—If a high quality

18 water constitutes an outstanding national re19 source water (as described in subparagraph

20 (B)), the water shall be maintained and pro21 tected by the State.

22 ‘‘(B) STATE DESIGNATION OF OUTSTAND23 ING NATIONAL RESOURCE WATERS.—

24 ‘‘(i) IN GENERAL.—Not later than 2

25 years after the date of enactment of this
65

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1 clause, each State shall, after notice and

2 opportunity for public comment, designate

3 and implement a program to protect all

4 outstanding national resource waters with5 in the State.

6 ‘‘(ii) OUTSTANDING NATIONAL RE7 SOURCE WATERS.—Except as provided in

8 clause (iii), the State shall designate as

9 outstanding national resource waters, all

10 waters within a national park or national

11 wilderness area and waters of exceptional

12 recreational or ecological significance.

13 ‘‘(iii) DECISION TO DECLINE TO MAKE

14 A DESIGNATION.—A State may propose

15 not to designate a specific water as an out16 standing national resource water, and the

17 Administrator may, after notice and oppor18 tunity for comment, approve the proposal,

19 if—

20 ‘‘(I) the State demonstrates to

21 the satisfaction of the Administrator

22 that the designation would result in

23 important social and economic harms;

24 and
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1 ‘‘(II) with respect to waters with2 in Federal lands (if any), the Federal

3 manager of the lands concurs with the

4 State proposal.

5 ‘‘(C) GUIDANCE.—Not later than 1 year

6 after the date of enactment of this subpara7 graph, the Administrator shall publish guidance

8 for States to assist in the designation and pro9 tection of outstanding national resource waters.

10 ‘‘(D) CONSEQUENCES OF FAILURE TO

11 DESIGNATE.—If the State fails to make the

12 designations required under this paragraph by

13 the date that is 4 years after the date of enact14 ment of this subparagraph, the Administrator

15 shall make the designations on such date.

16 ‘‘(E) STATE ANTIDEGRADATION POLICY.—

17 Each State antidegradation policy developed

18 under this subsection shall ensure that each

19 water of ecological significance designated pur20 suant to the guidance published by the Admin21 istrator pursuant to subparagraph (C) (includ22 ing any water of ecological significance that

23 may have been designated as an outstanding

24 national resource water under this paragraph)

25 meets water and sediment quality standards
67

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1 that ensure the protection and propagation of a

2 balanced population of fish, shellfish, and wild3 life, and recreation in and on the water.

4 ‘‘(F) CITIZEN PETITION.—The State shall

5 include in the antidegradation policy of the

6 State provisions allowing any citizen of the

7 State to petition the State for the designation

8 of a particular water as an outstanding national

9 resource water.

10 ‘‘(4) ANTIDEGRADATION REVIEW.—In order to

11 ensure that the antidegradation policy required by

12 this subsection is not violated, a permitting author13 ity shall conduct an antidegradation review for a

14 water prior to issuing any permit to a point source

15 authorizing any new, expanded, or increased dis16 charge of a pollutant to the receiving water.’’.

17 (d) CONFORMING AMENDMENT.—Section 24 of the

18 Municipal Wastewater Treatment Construction Grant

19 Amendments of 1981 (33 U.S.C. 1313a) is amended by

20 striking ‘‘303(c)’’ both places it appears and inserting

21 ‘‘303(a)’’.

22 SEC. 203. TOXIC POLLUTANT PHASEOUT.

23 (a) EFFLUENT PROHIBITION.—Section 307(a) (33

24 U.S.C. 1317(a)) is amended—

25 (1) in paragraph (1)—
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1 (A) by striking the second sentence and in2 serting the following new sentence: ‘‘The Ad3 ministrator may add or remove any pollutant

4 from the list and shall, not later than 4 years

5 after the date of enactment of the Water Pollu6 tion Prevention and Control Act of 1994, and

7 not less often than every 5 years thereafter, re8 view and revise the list.’’; and

9 (B) in the third sentence, by inserting ‘‘po10 tential for bioaccumulation,’’ after ‘‘degrad11 ability,’’;

12 (2) by striking paragraphs (2) and (3) and in13 serting the following new paragraphs:

14 ‘‘(2) EFFLUENT LIMITATIONS.—Each toxic pol15 lutant listed in accordance with paragraph (1) shall

16 be subject to effluent limitations resulting from the

17 application of the best available technology economi18 cally achievable for the applicable category or class

19 of point sources established in accordance with sec20 tions 301(b)(2)(A) and 304(b)(2).

21 ‘‘(3) PUBLISHED EFFLUENT STANDARD.—The

22 Administrator may publish in the Federal Register

23 a proposed effluent standard (which may include a

24 prohibition) establishing requirements for a toxic

25 pollutant which, if an effluent limitation is applicable
69

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1 to a class or category of point sources, shall be ap2 plicable to the category or class only if the standard

3 imposes more stringent requirements. The published

4 effluent standard (or prohibition) shall take into ac5 count the toxicity of the pollutant, its persistence,

6 degradability, potential for bioaccumulation, the

7 usual or potential presence of the affected organisms

8 in any waters, the importance of the affected orga9 nisms, the nature and extent of the effect of the

10 toxic pollutant on the organisms, and the extent to

11 which effective control is being achieved under other

12 regulatory authority.’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(8) PETITIONS TO ESTABLISH STANDARDS.—

16 Any person may petition the Administrator to estab17 lish an effluent standard (or prohibition) pursuant

18 to this subsection. Not later than 1 year after re19 ceipt of the petition, the Administrator shall grant

20 or deny the petition. An action by the Administrator

21 under this paragraph to grant or deny a petition

22 shall constitute final agency action for the purposes

23 of judicial review.’’.

24 (b) NATIONAL ACADEMY OF SCIENCES STUDY.—
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1 (1) REQUEST OF THE ACADEMY.—Not later

2 than 180 days after the date of enactment of this

3 Act, the Administrator shall offer to enter into ap4 propriate arrangements with the head of the Na5 tional Academy of Sciences to conduct a study of the

6 effects of pollution found in navigable waters (and

7 associated sediment) on the development of aquatic

8 life, wildlife, or humans, including impairments to

9 reproductive, endocrine, nervous, or immune systems

10 caused by the pollution.

11 (2) RECOMMENDATIONS OF THE ACADEMY.—

12 The Administrator shall request the views of the

13 Academy with respect to—

14 (A) general criteria that may be used to

15 identify substances that may reasonably be an16 ticipated to cause significant and widespread

17 adverse developmental effects on aquatic life,

18 wildlife, or humans, including impairments to

19 reproductive, endocrine, nervous, or immune

20 systems caused by water and sediment pollu21 tion;

22 (B) a list of substances that meet the cri23 teria referred to in subparagraph (A);

24 (C) a summary of available research with

25 respect to the sources, exposure pathways, and
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1 geographic distribution of the substances listed

2 pursuant to subparagraph (B);

3 (D) a list of aquatic and wildlife species

4 that suffer developmental effects, including im5 pairments to reproductive, endocrine, nervous,

6 or immune systems, as a result of water or

7 sediment pollution;

8 (E) a list of aquatic sites that are the ori9 gin of the developmental effects identified in

10 subparagraph (D); and

11 (F) any site restoration or related meas12 ures needed to protect species identified in sub13 paragraph (D).

14 (3) REPORT.—Not later than 3 years after the

15 date of enactment of this Act, the Administrator

16 shall submit a report on the results of the study con17 ducted by the National Academy of Sciences to the

18 Committee on Environment and Public Works of the

19 Senate and to the Committee on Public Works and

20 Transportation of the House of Representatives.

21 (4) ASSISTANCE.—The Administrator shall

22 offer to assist the head of the National Academy of

23 Sciences in gathering any information that the head

24 of the National Academy of Sciences considers to be

25 necessary to carry out this subsection. The Adminis-
72

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1 trator may use any authority under the Federal

2 Water Pollution Control Act (33 U.S.C. 1251 et

3 seq.) to obtain information from any person nec4 essary to carry out this subsection. In providing as5 sistance to the National Academy of Sciences pursu6 ant to this paragraph, the Administrator shall con7 sult with the Director of the United States Fish and

8 Wildlife Service of the Department of the Interior

9 and the Director of the National Oceanic and At10 mospheric Administration of the Department of

11 Commerce.

12 (5) USE OF FUNDS.—Notwithstanding any

13 other provision of law, of the funds made available

14 to the Environmental Protection Agency pursuant to

15 section 517 of the Federal Water Pollution Control

16 Act (33 U.S.C. 1376), the Administrator may use

17 such amounts as are necessary to carry out this sub18 section.

19 (c) NATIONAL STRATEGY TO PREVENT ADVERSE

20 DEVELOPMENTAL EFFECTS.—Section 307 (33 U.S.C.

21 1317) is amended by adding at the end the following new

22 subsection:

23 ‘‘(f) NATIONAL STRATEGY TO PREVENT ADVERSE

24 DEVELOPMENTAL EFF ECTS.—
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1 ‘‘(1) LIST OF SUBSTANCES.—Not later than 4

2 years after the date of enactment of this subsection,

3 the Administrator shall, after notice and opportunity

4 for public comment, publish a list of substances that

5 may reasonably be anticipated to cause significant

6 and widespread adverse effects on the development

7 of aquatic life, wildlife, or humans, including impair8 ments to reproductive, endocrine, nervous, and im9 mune systems, as a result of water pollution or sedi10 ment contamination. In carrying out this paragraph,

11 the Administrator shall consider the criteria and

12 specific list of substances, if any, recommended by

13 the National Academy of Sciences pursuant to the

14 study conducted under section 203(b) of the Water

15 Pollution Prevention and Control Act of 1994.

16 ‘‘(2) STRATEGY.—

17 ‘‘(A) IN GENERAL.—Not later than 5 years

18 after the date of enactment of this subsection,

19 the Administrator shall, after notice and oppor20 tunity for public comment, publish a com21 prehensive strategy to control, prevent, and re22 mediate water pollution or sediment contamina23 tion associated with the substances listed under

24 paragraph (1). The strategy shall—
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1 ‘‘(i) identify categories of sources that

2 discharge, emit, or otherwise release sub3 stances listed under paragraph (1) into the

4 environment so as to cause or contribute to

5 water pollution or sediment contamination;

6 ‘‘(ii) identify annual loadings to wa7 ters of the United States of each listed

8 substance from each category of source

9 identified in clause (i) based on the most

10 recent data available to the Administrator;

11 and

12 ‘‘(iii) include specific actions that will

13 by implemented by the Administrator

14 pursuant to this Act (including remedi15 ation programs to address inplace contami16 nants under section 115) and other Fed17 eral laws (including the Clean Air Act (42

18 U.S.C. 7401 et seq.), the Toxic Substances

19 Control Act (15 U.S.C. 2601 et seq.), the

20 Federal Insecticide, Fungicide, and

21 Rodenticide Act (7 U.S.C. 136 et seq.), the

22 Solid Waste Disposal Act (42 U.S.C. 6901

23 et seq.), the Marine Protection, Research,

24 and Sanctuaries Act of 1972 (33 U.S.C.

25 1401 et seq.), and the Comprehensive En-
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1 vironmental Response, Compensation, and

2 Liability Act of 1980 (42 U.S.C. 9601 et

3 seq.)) in a manner sufficient to reduce the

4 annual loadings of each listed substance to

5 the navigable waters (and associated sedi6 ments) of the United States by not less

7 than 85 percent by not later than 7 years

8 after the date of publication of the

9 strategy.

10 ‘‘(B) RESEARCH NEEDS; LEGISLATIVE

11 RECOMMENDATIONS.—The strategy developed

12 pursuant to this paragraph may also identify—

13 ‘‘(i) research needs; and

14 ‘‘(ii) recommended legislation that

15 would be appropriate to further reduce

16 water pollution that causes adverse devel17 opmental effects.

18 ‘‘(3) REPORT TO CONGRESS.—Not later than

19 90 days after publishing the strategy required by

20 paragraph (2), the Administrator shall submit a re21 port to the Committee on Environment and Public

22 Works of the Senate and the Committee on Public

23 Works and Transportation of the House of Rep24 resentatives that includes an estimate of the costs

25 and benefits of each action proposed to be imple-
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1 mented under the strategy to reduce water and sedi2 ment pollution by the substances listed under para3 graph (1).

4 ‘‘(4) REVISION OF LIST.—From time to time,

5 and after providing notice and opportunity for public

6 comment, the Administrator may revise the list pub7 lished under paragraph (1) and the strategy pub8 lished under paragraph (2).

9 ‘‘(5) STATUTORY CONSTRUCTION.—Nothing in

10 this subsection is intended to be construed to pre11 vent the Administrator from exercising the authority

12 granted to the Administrator under subsection (a).’’.

13 SEC. 204. PRETREATMENT PROGRAM.

14 (a) PERMIT AUTHORITY.—Section 402(b)(9) (33

15 U.S.C. 1342(b)(9)) is amended by adding at the end the

16 following new sentences: ‘‘The Administrator (or a State

17 with authority to approve a pretreatment program under

18 this Act) may impose requirements on industrial users

19 that introduce pollutants into publicly owned treatment

20 works and that are not subject to the requirements of a

21 pretreatment program that has been approved by the ap22 propriate authority (referred to in this paragraph as an

23 ‘approved pretreatment program’). The requirements shall

24 include requirements that are equivalent to the require25 ments that a publicly owned treatment works with an ap-
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1 proved pretreatment program is required to impose pursu2 ant to the regulations issued under this Act, shall include

3 pretreatment standards, and may reflect best professional

4 judgment.’’.

5 (b) REMOVAL CREDITS.—Section 307(b) (33 U.S.C.

6 1317(b)) is amended by adding at the end the following

7 new paragraph:

8 ‘‘(5) REVISIONS OF REQUIREMENTS TO RE9 FLECT BIODEGRADATION.—If in the case of any

10 toxic pollutant listed pursuant to subsection (a) in11 troduced by a source into a publicly owned treat12 ment works—

13 ‘‘(A) the treatment by the treatment works

14 results in the biodegradation of the toxic pollut15 ant, as determined by the Administrator;

16 ‘‘(B) the discharge from the treatment

17 works does not violate the effluent limitation or

18 standard that would be applicable to the toxic

19 pollutant if the pollutant were discharged by

20 the source other than through a publicly owned

21 treatment works; and

22 ‘‘(C) the toxic pollutant does not prevent

23 sludge use or disposal by the treatment works

24 in accordance with section 405,
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1 the pretreatment requirements for the source actu2 ally discharging the toxic pollutant into the publicly

3 owned treatment works may be revised by the owner

4 or operator of the works to reflect the

5 biodegradation of the toxic pollutant by the works.’’.

6 (c) SOLID WASTE DISPOSAL ACT HAZARDOUS

7 WASTES.—Section 307 (33 U.S.C. 1317), as amended by

8 section 203(c), is further amended by adding at the end

9 the following new subsection:

10 ‘‘(g) SOLID WASTE DISPOSAL ACT HAZARDOUS

11 WASTES.—

12 ‘‘(1) DEFINITIONS.—As used in this subsection:

13 ‘‘(A) HAZARDOUS WASTE.—The term ‘haz14 ardous waste’ means material that would be

15 considered a hazardous waste under the Solid

16 Waste Disposal Act (42 U.S.C. 6901 et seq.)

17 but for the phrase ‘does not include solid or dis18 solved material in domestic sewage’ in section

19 1004(27) of such Act (42 U.S.C. 6903(27)).

20 ‘‘(B) PRETREATMENT APPROVAL AUTHOR21 ITY.—The term ‘pretreatment approval author22 ity’ means the Administrator or a State that

23 has been approved by the Administrator to

24 issue permits to publicly owned treatment
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1 works required to implement a pretreatment

2 program under section 402.

3 ‘‘(2) PROHIBITION.—Beginning on the date

4 that is 3 years after the date of enactment of this

5 subsection, it shall be unlawful to introduce into a

6 publicly owned treatment works any hazardous

7 waste, unless—

8 ‘‘(A) the source of the hazardous waste is

9 subject to a categorical pretreatment standard

10 issued by the Administrator or the hazardous

11 waste is subject to a general pretreatment regu12 lation issued by the Administrator under sec13 tion 403.5 of title 40, Code of Federal Regula14 tions, for the hazardous characteristics that the

15 waste would otherwise exhibit;

16 ‘‘(B) the hazardous waste and source are

17 scheduled, under section 304(m), to be regu18 lated under a new or revised pretreatment

19 standard addressing toxic and nonconventional

20 pollutants pursuant to subsections (b) and (m)

21 of section 304 to be issued by the Adminis22 trator not later than 5 years after the date of

23 enactment of this subsection, and the Adminis24 trator is in compliance with such schedule;
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1 ‘‘(C) the hazardous waste is introduced

2 into the publicly owned treatment works by a

3 household or other facility discharging only do4 mestic wastewater;

5 ‘‘(D) the hazardous waste and source are

6 subject to a local limit, except that a pollutant

7 may be deemed subject to such standard if the

8 specific pollutant is regulated by the local limit

9 or a substance that has been determined to be

10 a reliable indicator for the pollutant is regu11 lated by the limit;

12 ‘‘(E) the source has implemented a toxic

13 reduction action plan for the hazardous waste

14 pursuant to paragraph (3);

15 ‘‘(F) in the case of a source that intro16 duces hazardous wastes into a publicly owned

17 treatment works that is not subject to an ap18 proved pretreatment program, the hazardous

19 waste and source are subject to a technology20 based local limit developed by the pretreatment

21 approval authority; or

22 ‘‘(G) the Administrator has determined

23 that the hazardous waste is biodegradable and

24 the pretreatment approval authority has deter25 mined that the publicly owned treatment works
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1 receiving the hazardous waste operates at a

2 treatment efficiency for the waste equivalent to

3 (or greater than) the treatment efficiency that

4 would be achieved at the source under a tech5 nology-based discharge limitation referred to in

6 subparagraph (F).

7 ‘‘(3) TOXIC REDUCTION ACTION PLAN.—

8 ‘‘(A) PUBLICATION OF GUIDANCE.—

9 ‘‘(i) IN GENERAL.—Not later than 18

10 months after the date of enactment of this

11 subsection, the Administrator shall, after

12 notice and opportunity for public comment,

13 publish guidance for toxic reduction action

14 plans to be implemented by commercial

15 users (such as service stations, photo fin16 ishing operations, and other similar

17 sources) that are not scheduled to be sub18 ject to categorical pretreatment standards

19 under section 304(m) and introduce toxic

20 pollutants or hazardous wastes into pub21 licly owned treatment works.

22 ‘‘(ii) DESIGN OF GUIDANCE.—The

23 guidance shall be designed on a category24 specific basis to minimize the introduction

25 of toxic pollutants and hazardous wastes
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1 into publicly owned treatment works

2 through pollution prevention, best manage3 ment practices, and other means.

4 ‘‘(B) DEVELOPMENT OF PRETREATMENT

5 PROGRAM.—Each publicly owned treatment

6 works that is required to develop a

7 pretreatment program pursuant to section

8 402(b) shall assist commercial users of the

9 treatment works with the implementation of

10 toxic reduction action plans as a component of

11 the pretreatment program of the treatment

12 works.

13 ‘‘(C) GUIDANCE CONCERNING TECHNICAL

14 ASSISTANCE.—Not later than 18 months after

15 the date of enactment of this subsection, the

16 Administrator shall publish guidance providing

17 technical assistance to small communities to as18 sist the communities in minimizing the intro19 duction of toxic pollutants and hazardous

20 wastes from commercial sources into publicly

21 owned treatment works.

22 ‘‘(4) LOCAL LIMITS.—

23 ‘‘(A) IN GENERAL.—Not later than 5 years

24 after the date of enactment of this paragraph,

25 the Administrator, after notice and opportunity
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1 for public comment, shall promulgate regula2 tions revising the definition and applicability of

3 local limits, as set forth in section 403.5 of title

4 40, Code of Federal Regulations, as may be

5 necessary to protect human health and the envi6 ronment with respect to hazardous wastes dis7 charged to a publicly owned treatment works.

8 Except as provided in subparagraph (B), the

9 revised local limits shall address all points from

10 which hazardous waste may be released from a

11 publicly owned treatment works to the environ12 ment, including release through air emissions,

13 contamination of sludge, percolation into

14 ground water, exfiltration during transmission

15 to the treatment works, or sewer overflow

16 events.

17 ‘‘(B) EXCEPTIONS.—Local limits estab18 lished pursuant to subparagraph (A) shall not

19 be required to address release points for par20 ticular categories or subcategories of hazardous

21 wastes, if—

22 ‘‘(i) the category or subcategory of

23 hazardous waste is controlled by a categor24 ical or general pretreatment standard es25 tablished under subsection (b); or
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1 ‘‘(ii) the study conducted pursuant to

2 subparagraph (D) demonstrates that addi3 tional control of the category or sub4 category of hazardous waste is not nec5 essary to protect human health and the

6 environment.

7 ‘‘(C) INTERFERENCE AND PASS

8 THROUGH.—This paragraph shall not be inter9 preted, construed, or applied to authorize the

10 Administrator to repeal or make less stringent

11 requirements established under subsection (b)

12 to address pollutants that interfere with, pass

13 through, or are otherwise incompatible with

14 publicly owned treatment works.

15 ‘‘(D) STUDY.—Not later than 3 years after

16 the date of enactment of this paragraph, the

17 Administrator shall complete a study of actual

18 discharges of hazardous waste to publicly owned

19 treatment works to determine the quantity of

20 the discharges, the sources of the discharges,

21 the release of hazardous wastes to the environ22 ment from the various release points identified

23 in subparagraph (A), and the threat to human

24 health and the environment resulting from the

25 hazardous waste discharges and releases. The
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1 study shall include any new information avail2 able to the Administrator to update the report

3 required by section 3018(a) of the Solid Waste

4 Disposal Act (42 U.S.C. 6939(a)) and submit5 ted to Congress in December 1985. The Admin6 istrator shall submit the results of the study in

7 a report to Congress. There are authorized

8 to be appropriated to the Administrator

9 $8,000,000, without fiscal year limitation, to

10 carry out the study.’’.

11 (d) PUBLICLY OWNED INDUSTRIAL TREATMENT

12 WORKS.—Section 307 (33 U.S.C. 1317), as amended by

13 subsection (c), is further amended by adding at the end

14 the following new subsection:

15 ‘‘(h) PUBLICLY OWNED INDUSTRIAL TREATMENT

16 WORKS.—

17 ‘‘(1) IN GENERAL.—Not later than 1 year after

18 the date of enactment of this subsection, a publicly

19 owned treatment works may submit an application

20 to the Administrator for the designation of the treat21 ment works as a publicly owned industrial treatment

22 works.

23 ‘‘(2) APPROVAL OF APPLICATION.—

24 ‘‘(A) IN GENERAL.—Not later than 180

25 days after a publicly owned treatment works
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1 submits an application to the Administrator

2 pursuant to paragraph (1), the Administrator

3 shall approve or disapprove the application.

4 With respect to a publicly owned industrial

5 treatment works located in a State that has

6 been delegated the authority to approve a

7 pretreatment program under this section, before

8 approving or disapproving the application, the

9 Administrator shall consult with the appro10 priate official of the pretreatment program ap11 proval authority.

12 ‘‘(B) CONDITIONS FOR APPROVAL.—The

13 Administrator shall approve an application for

14 a designation referred to in paragraph (1) if the

15 Administrator, in consultation with an appro16 priate official of a pretreatment program ap17 proval authority (if any), determines that—

18 ‘‘(i) greater than 75 percent of the

19 wastewater received by the publicly owned

20 treatment works is from 1 or more indus21 trial sources;

22 ‘‘(ii) the publicly owned treatment

23 works was specifically designed to treat

24 pollutants associated with the sources re25 ferred to in clause (i);
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1 ‘‘(iii) the publicly owned treatment

2 works consistently complies with and will

3 continue to comply with applicable effluent

4 limitations in the permit of the treatment

5 works that are as stringent as limitations

6 that would apply if the treatment works

7 were an industrial facility subject to sec8 tions 301 and 304;

9 ‘‘(iv) sludge from the treatment works

10 meets requirements for beneficial reuse

11 under section 405; and

12 ‘‘(v) the treatment works has imposed

13 controls on all pollutants received from

14 sources referred to in clause (i) as may be

15 necessary to protect human health and the

16 environment with respect to releases from

17 the treatment works to the environment,

18 including releases through air emissions,

19 contamination of sludge, percolation to

20 ground water, exfiltration during trans21 mission to the treatment works, or sewer

22 overflow events.

23 ‘‘(3) WAIVERS.—

24 ‘‘(A) IN GENERAL.—If, pursuant to this

25 subsection, the Administrator designates a pub-
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1 licly owned treatment works as a publicly owned

2 industrial treatment works, the Administrator

3 may—

4 ‘‘(i) with respect to an industrial

5 source referred to in paragraph (2)(B)(i),

6 waive requirements under subsections (b)

7 and (f) that would otherwise apply; and

8 ‘‘(ii) attach such conditions to the

9 waiver as the Administrator deems appro10 priate, including requiring the source to

11 implement modified pretreatment require12 ments.

13 ‘‘(B) CONSULTATION.—With respect to a

14 publicly owned industrial treatment works lo15 cated in a State that has been delegated the au16 thority to approve a pretreatment program

17 under this section, before issuing a waiver

18 under this paragraph, the Administrator shall

19 consult with the appropriate official of the

20 State concerning the waiver and any conditions

21 to be attached to the waiver.

22 ‘‘(4) REVIEW OF DESIGNATIONS.—The Admin23 istrator shall review each designation of a publicly

24 owned industrial treatment works made pursuant to

25 this subsection at the time that the permit under
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1 section 402 for the works is renewed to ensure that

2 the treatment works continues to meet conditions es3 tablished pursuant to paragraph (2). If the Adminis4 trator determines that a publicly owned industrial

5 treatment works does not meet any condition estab6 lished under paragraph (2) the Administrator shall

7 withdraw the designation and terminate any applica8 ble waiver granted under paragraph (3).’’.

9 SEC. 205. POLLUTION PREVENTION PLANNING.

10 (a) POLLUTION PREVENTION PLANS.—The Pollution

11 Prevention Act of 1990 (42 U.S.C. 13101 et seq.) is

12 amended—

13 (1) by redesignating sections 6609 and 6610 as

14 sections 6611 and 6612, respectively; and

15 (2) by inserting after section 6608 the following

16 new section:

17 ‘‘SEC. 6609. POLLUTION PREVENTION PLANNING.

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) REQUIREMENT OF PLAN.—Except as pro20 vided in subsection (c), the owner or operator of

21 each facility that—

22 ‘‘(A) is subject to the reporting require23 ments of section 313 of the Emergency Plan24 ning and Community Right-To-Know Act of

25 1986 (42 U.S.C. 11023); and
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1 ‘‘(B) reports under such section total re2 leases and transfers of toxic chemicals in excess

3 of 200,000 pounds in 1994 or any year there4 after,

5 shall prepare a pollution prevention plan in accord6 ance with this section not later than 2 years after

7 the date of filing of the 1994 report or the first re8 port required to be filed thereafter.

9 ‘‘(2) REVIEW AND UPDATING OF PLANS.—The

10 owner or operator shall review and update the plan

11 required to be prepared under paragraph (1) as

12 often as appropriate, but not less often than every

13 5 years if, for the fifth year after the initial prepara14 tion or most recent review and update of the plan,

15 the owner or operator reports total releases and

16 transfers of toxic chemicals in excess of 200,000

17 pounds.

18 ‘‘(b) ADDITIONAL FACILITIES.—

19 ‘‘(1) IN GENERAL.—Except as provided in sub20 section (c), the Administrator may require an owner

21 or operator of a facility that—

22 ‘‘(A) is subject to the reporting require23 ments of section 313 of the Emergency Plan24 ning and Community Right-To-Know Act of

25 1986 (42 U.S.C. 11023); and
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1 ‘‘(B) in the toxic chemical release form re2 quired under such section filed in 1994 or any

3 year thereafter, reports total releases and trans4 fers of toxic chemicals of less than 200,000

5 pounds per year,

6 to prepare a pollution prevention plan according to

7 a schedule established by the Administrator.

8 ‘‘(2) BASIS FOR IMPOSITION OF REQUIRE9 MENT.—A decision by the Administrator to impose

10 the requirement described in paragraph (1) shall be

11 based on the extent to which—

12 ‘‘(A) the releases and transfers of the facil13 ity adversely affect human health and the envi14 ronment; and

15 ‘‘(B) a pollution prevention plan for the fa16 cility could result in a reduction in the genera17 tion of byproduct, release, or transfer of toxic

18 chemicals.

19 ‘‘(c) SMALL BUSINESS EXCEPTION.—An owner or

20 operator of a small business subject to the planning re21 quirements under this section shall be deemed to be in

22 compliance with this section if the owner or operator com23 pletes and retains onsite a pollution prevention opportuni24 ties assessment manual and checklist under section

25 6604(c)(2).
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1 ‘‘(d) CONTENTS OF POLLUTION PREVENTION

2 PLAN.—Each pollution prevention plan required under

3 this section shall include—

4 ‘‘(1) an identification of sites, activities, and

5 other sources of byproduct, releases, and transfers,

6 of each chemical covered by the plan for the facility

7 and for each targeted production process;

8 ‘‘(2) an estimate of the annual input, accumula9 tion, and output quantities of each chemical covered

10 by the plan at the facility and for each targeted pro11 duction process, that accounts for the quantities pro12 duced, used, generated as byproduct, consumed, re13 cycled on-site but out-of-process, or transferred as a

14 product or as a constituent in a product;

15 ‘‘(3) an evaluation of the options for pollution

16 prevention selected by the owner or operator for

17 each chemical covered by the plan for the facility,

18 and for each targeted production process, including

19 an evaluation of the costs of each option compared

20 to the costs of current (as of the date of the evalua21 tion) and projected pollution control and waste man22 agement activities;

23 ‘‘(4) pollution prevention goals for each chemi24 cal covered by the plan for the subsequent 5-year pe25 riod for the facility and for each targeted production
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1 process, stated in terms of the expected reduction of

2 the quantity of each chemical generated as byprod3 uct and covered by the plan that is to result from

4 pollution prevention per unit of product or other ap5 propriate unit of measurement;

6 ‘‘(5) pollution prevention measures that will be

7 used to achieve the pollution prevention goals speci8 fied under paragraph (4); and

9 ‘‘(6) a statement, by the highest ranking official

10 at the facility, that supports the pollution prevention

11 goals specified under paragraph (4).

12 ‘‘(e) STATE PLANNING REQUIREMENTS.—

13 ‘‘(1) CERTIFICATION BY THE STATE.—A State

14 may certify, after notice and opportunity for public

15 comment, that the pollution prevention planning re16 quirements of the State are comparable to the re17 quirements of this section. Except as provided in

18 paragraph (2), an owner or operator who complies

19 with the pollution prevention planning requirements

20 of a certified State shall be deemed to be in compli21 ance with subsection (d).

22 ‘‘(2) DETERMINATION BY THE ADMINIS23 TRATOR.—After notice and opportunity for public

24 comment, the Administrator may determine that the

25 pollution prevention planning requirements of a
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1 State certified under paragraph (1) are not com2 parable to the requirements of this section. After the

3 Administrator makes a determination described in

4 the preceding sentence, an owner or operator in the

5 State shall be required to prepare a pollution pre6 vention plan as provided in subsections (a) through

7 (d).’’.

8 (b) POLLUTION PREVENTION REPORTING.—Section

9 6607 of such Act (42 U.S.C. 13106) is amended—

10 (1) in the section heading, by striking

11 ‘‘SOURCE REDUCTION’’ and inserting ‘‘POLLU12 TION PREVENTION’’;

13 (2) in subsection (a)—

14 (A) by striking ‘‘REQUIREMENTS.—Each

15 owner’’ and inserting the following: ‘‘REQUIRE16 MENTS.—

17 ‘‘(1) SOURCE REDUCTION AND RECYCLING RE18 PORTS.—Each owner’’; and

19 (B) by adding at the end the following new

20 paragraph:

21 ‘‘(2) POLLUTION PREVENTION PROGRESS RE22 PORTS.—

23 ‘‘(A) IN GENERAL.—Each owner or opera24 tor of a facility that is subject to section 6609

25 shall include with each annual filing of the toxic
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1 chemical release form under section 313 of the

2 Emergency Planning and Community Right-To3 Know Act of 1986 (42 U.S.C. 11023) a pollu4 tion prevention progress report for the preced5 ing calendar year.

6 ‘‘(B) FIRST REPORT.—The first pollution

7 prevention progress report shall be submitted

8 with the annual form filed under such section

9 in the year following the first full calendar year

10 that begins after a pollution prevention plan is

11 prepared under section 6609.’’;

12 (3) in the subsection heading of subsection (b),

13 by inserting ‘‘SOURCE REDUCTION AND RECY14 CLING’’ before ‘‘REPORT’’;

15 (4) by striking subsection (c) and inserting the

16 following new subsection:

17 ‘‘(c) ITEMS INCLUDED IN POLLUTION PREVENTION

18 PROGRESS REPORT.—

19 ‘‘(1) IN GENERAL.—Each pollution prevention

20 progress report required to be submitted under sub21 section (a)(2) shall include—

22 ‘‘(A) a description of the facility and an

23 identification of each targeted production

24 process;
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1 ‘‘(B) the 5-year pollution prevention goals

2 described in section 6609(d)(4);

3 ‘‘(C) a numerical statement demonstrating

4 the annual progress of the facility towards

5 achieving each of the 5-year goals referred to in

6 subparagraph (B) stated in terms of the meas7 ured or estimated actual reduction of the quan8 tity of each chemical generated as byproduct

9 and covered by the plan that results from pollu10 tion prevention per unit of product or other ap11 propriate unit of measurement; and

12 ‘‘(D) at the option of the owner or opera13 tor, in the case of a chemical not listed under

14 section 313 of the Emergency Planning and

15 Community Right-To-Know Act of 1986 (42

16 U.S.C. 11023), the amount of reduction of the

17 chemical generated as byproduct and that re18 sults from pollution prevention.

19 ‘‘(2) COMBINED PRODUCTION PROCESSES.—For

20 the purpose of reporting under this subsection, the

21 owner or operator may combine production processes

22 that use similar ingredients to produce 1 or more

23 similar products so that the combined production

24 processes are considered to be a single production

25 process.
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1 ‘‘(3) CONGRESSIONAL INTENT.—

2 ‘‘(A) UNLISTED CHEMICALS.—Nothing in

3 this section or section 6609 is intended to be

4 construed to authorize the Administrator to re5 quire information concerning chemicals not list6 ed under section 313 of the Emergency Plan7 ning and Community Right-To-Know Act of

8 1986 (42 U.S.C. 11023) to be included in a

9 pollution prevention plan or progress report.

10 ‘‘(B) POLLUTION MEASURES AND

11 GOALS.—Nothing in this section or section

12 6609 is intended to be interpreted, construed,

13 or applied to authorize the Administrator to re14 quire a particular pollution prevention measure

15 to be implemented, or a pollution prevention

16 goal to be achieved, at a facility or with respect

17 to a production process.

18 ‘‘(4) FORM.—Not later than 1 year after the

19 date of enactment of this paragraph, the Adminis20 trator shall publish a form for reporting the infor21 mation required under this subsection to accompany

22 the annual filing of the toxic chemical release form

23 under section 313 of the Emergency Planning and

24 Community Right-To-Know Act of 1986 (42 U.S.C.

25 11023). The Administrator shall not modify the
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1 form required for purposes of reporting information

2 under such section solely for the purpose of incor3 porating the reporting of information required under

4 this subsection.’’;

5 (5) in subsection (e)—

6 (A) by striking ‘‘DATA.—Subject to’’ and

7 inserting the following: ‘‘DATA.—

8 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

9 and (3) and’’; and

10 (B) by adding at the end the following new

11 paragraphs:

12 ‘‘(2) POLLUTION PREVENTION PLANS.—The

13 pollution prevention plan for each facility subject to

14 section 6609 shall be retained at the facility and

15 made available to the Administrator or the State in

16 which the facility is located. A plan may be made

17 public only with the permission of the owner or oper18 ator. A summary of the pollution prevention plan

19 (that includes information required in subpara20 graphs (A), (B), and (D) of subsection (c)(1) of this

21 section and a summary of the information required

22 in paragraphs (3) and (5) of subsection (d) of sec23 tion 6609) shall be made available to the public at

24 the facility during normal business hours.
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1 ‘‘(3) POLLUTION PREVENTION PROGRESS RE2 PORTS.—Except as provided in subsection (f), the

3 pollution prevention progress reports of a facility re4 quired under this section shall be made available to

5 the public at the facility during normal business

6 hours.’’; and 

7 (6) by adding at the end the following new sub8 sections:

9 ‘‘(f) CONFIDENTIALITY.—Sections 322 and 325(d) of

10 the Emergency Planning and Community Right-To-Know

11 Act of 1986 (42 U.S.C. 11042 and 11045(d)) shall apply

12 to the reporting requirements of this section in the same

13 manner as the sections apply to the reports required under

14 section 313 of such Act (42 U.S.C. 11023). The contents

15 of a pollution prevention plan and any supporting informa16 tion shall not be disclosed by the Administrator or the

17 State, or by any officer, employee, contractor, or agent

18 of the United States or the State. The plans and informa19 tion shall be entitled to protection under section 1905, of

20 title 18, United States Code, and officers, employees, con21 tractors, or agents of the State shall be subject to the

22 same penalties as Federal employees under such section.

23 ‘‘(g) ENFORCEMENT.—Subsections (b) and (c) of

24 section 325, and section 326, of the Emergency Planning

25 and Community Right-To-Know Act of 1986 (42 U.S.C.
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1 11045 and 11046) shall apply to the requirement to pre2 pare a pollution prevention plan under subsection (a) or

3 (b) of section 6609 and to the reporting requirements of

4 this section in the same manner as the sections apply to

5 the reports required under section 313 of such Act (42

6 U.S.C. 11023).

7 ‘‘(h) COORDINATION WITH OTHER PLANNING RE8 QUIREMENTS.—Pollution prevention plans prepared under

9 this Act shall be deemed sufficient to meet requirements

10 for waste minimization plans under sections 3002(b) and

11 3005(h) of the Solid Waste Disposal Act (42 U.S.C.

12 6922(b) and 6925(h)), to the extent that the pollution pre13 vention plans address the facilities, processes, and waste

14 streams that would be addressed by waste minimization

15 plans. To the extent practicable, the Administrator shall

16 coordinate other requirements for plans addressing pollu17 tion prevention or waste minimization with the plans re18 quired under this Act.’’.

19 (c) SMALL BUSINESS TECHNICAL ASSISTANCE PRO20 GRAM.—

21 (1) IN GENERAL.—Section 6604 of such Act

22 (42 U.S.C. 13103) is amended by adding at the end

23 the following new subsection:

24 ‘‘(c) SMALL BUSINESS TECHNICAL ASSISTANCE PRO25 GRAM.—
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1 ‘‘(1) IN GENERAL.—The Administrator shall es2 tablish and support an integrated pollution preven3 tion information network. The purpose of the inte4 grated network shall be to provide an effective mech5 anism for sharing and delivering (especially to small

6 businesses) pollution prevention information and ex7 pertise available from—

8 ‘‘(A) Federal agencies;

9 ‘‘(B) State or local governments;

10 ‘‘(C) university-based centers;

11 ‘‘(D) private nonprofit centers;

12 ‘‘(E) industry trade associations; and

13 ‘‘(F) the Manufacturing Technology Cen14 ters administered by the National Institute of

15 Standards and Technology of the Department

16 of Commerce.

17 ‘‘(2) POLLUTION PREVENTION MANUALS AND

18 CHECKLISTS.—

19 ‘‘(A) IN GENERAL.—

20 ‘‘(i) DEVELOPMENT.—The Adminis21 trator shall develop industry-specific pollu22 tion prevention opportunities assessment

23 manuals and checklists for industrial cat24 egories with respect to which the lack of
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1 information is an impediment to pollution

2 prevention by small businesses.

3 ‘‘(ii) CONTENTS.—The manuals and

4 checklists should provide owners and oper5 ators of small businesses with an approach

6 for—

7 ‘‘(I) identifying the sources of re8 leases and byproducts;

9 ‘‘(II) estimating the cost of man10 aging and controlling the releases and

11 byproducts; and

12 ‘‘(III) identifying and evaluating

13 pollution prevention options and the

14 costs of the options.

15 ‘‘(iii) DISSEMINATION THROUGH NET16 WORK.—The Administrator shall make the

17 manuals and checklists available through

18 the integrated pollution prevention infor19 mation network established under para20 graph (1).

21 ‘‘(B) USE OF EXISTING MANUALS AND

22 CHECKLISTS.—In carrying out this paragraph,

23 the Administrator shall, if appropriate, use, up24 date, or modify industry-specific pollution pre25 vention manuals and checklists developed by
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1 States and other sources in lieu of developing

2 new manuals and checklists.’’.

3 (2) ASSISTANCE TO SMALL BUSINESSES.—Sec4 tion 6605 of such Act (42 U.S.C. 13104) is amend5 ed—

6 (A) in subsection (b)(1), by striking ‘‘busi7 ness’’ and inserting ‘‘businesses’’; and

8 (B) by inserting ‘‘(especially small busi9 nesses)’’ after ‘‘businesses’’ each place it

10 appears.

11 (d) NATIONAL VOLUNTARY POLLUTION PREVENTION

12 PROGRAM.—Such Act (42 U.S.C. 13101 et seq.) is

13 amended by inserting before section 6611, as redesignated

14 by subsection (a)(1), the following new section:

15 ‘‘SEC. 6610. COMMUNITY-BASED VOLUNTARY POLLUTION

16 PREVENTION PROGRAM.

17 ‘‘(a) ESTABLISHMENT.—The Administrator shall es18 tablish a program to support and promote government and

19 private sector efforts for local, results-oriented, voluntary

20 programs to encourage businesses, government agencies,

21 environmental groups, and other organizations to work to22 gether in establishing community-based programs to pre23 vent pollution and promote energy conservation within the

24 respective organizations.

25 ‘‘(b) PROGRAM DEVELOPMENT.—
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1 ‘‘(1) IN GENERAL.—The program established

2 under subsection (a) shall be developed in consulta3 tion with representatives of State and local pollution

4 prevention programs, including—

5 ‘‘(A) representatives from the Anchorage

6 Chamber of Commerce Green Star Committee

7 in Anchorage, Alaska;

8 ‘‘(B) representatives from other commu9 nities that have established programs described

10 in subsection (a); and

11 ‘‘(C) experts in pollution prevention pro12 grams.

13 ‘‘(2) CONTENTS OF PROGRAM.—In carrying out

14 the program established under subsection (a), the

15 Administrator shall—

16 ‘‘(A) identify elements of then existing vol17 untary programs that may be applicable in

18 other communities;

19 ‘‘(B) disseminate information about suc20 cessful voluntary pollution prevention and en21 ergy conservation programs;

22 ‘‘(C) develop guidelines for recognizing

23 participating organizations; and

24 ‘‘(D) design model voluntary, community25 based programs for use by local organizations.
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1 ‘‘(c) USE OF CERTAIN GRANTS.—A State that re2 ceives a grant under section 6605 may use the grant to

3 promote the development of voluntary, community-based

4 programs described in subsection (a).’’.

5 (e) DEFINITIONS.—Section 6603 of such Act (42

6 U.S.C. 13102) is amended by adding at the end the follow7 ing new paragraphs:

8 ‘‘(8) The term ‘byproduct’ means a toxic chemi9 cal other than a product or products resulting from

10 manufacturing, extraction, servicing, processing,

11 handling, or other activity, including fugitive emis12 sions, process residues, or any other nonproduct out13 puts created prior to recycling, treatment, disposal,

14 or release.

15 ‘‘(9) The term ‘chemical covered by the plan’

16 means a toxic chemical listed under section 313 of

17 the Emergency Planning and Community Right-To18 Know Act of 1986 (42 U.S.C. 11023) at the time

19 a plan required under section 6609 is prepared or

20 updated, that the owner or operator targets for pol21 lution prevention planning and reporting under this

22 Act based on—

23 ‘‘(A) a consideration of the potential for

24 adverse effects on human health and the envi25 ronment of each toxic chemical that is used,
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1 generated as a byproduct, or released at the fa2 cility and for a targeted production process; and

3 ‘‘(B) the opportunity for pollution preven4 tion of each such chemical.

5 ‘‘(10) The term ‘pollution prevention’ means a

6 method of source reduction.

7 ‘‘(11) The term ‘production process’ means a

8 production line, method, activity, or technique, or

9 combination or series thereof, that is integral to and

10 necessary for the production of a product, including

11 the storage of raw materials and maintenance and

12 handling of finished goods.

13 ‘‘(12) The term ‘small business’ means a busi14 ness that is recognized as a small business concern

15 under section 3(a) of the Small Business Act (15

16 U.S.C. 632(a)).

17 ‘‘(13) The term ‘targeted production process’

18 means the production processes that account for 90

19 percent or more of the use, generation of byproduct,

20 or release of a chemical covered by the plan at a

21 specified facility.’’.
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1 SEC. 206. INTEGRATED POLLUTION PREVENTION AND CON2 TROL.

3 The Pollution Prevention Act of 1990 (42 U.S.C.

4 13101 et seq.), as amended by section 205, is further

5 amended—

6 (1) by redesignating sections 6611 and 6612 as

7 sections 6612 and 6613, respectively;

8 (2) by inserting after section 6610 the following

9 new section:

10 ‘‘SEC. 6611. INTEGRATED POLLUTION PREVENTION AND

11 CONTROL.

12 ‘‘(a) PURPOSE.—The purpose of this section is to

13 identify and demonstrate more efficient, broadly applicable

14 methods of improving environmental quality by providing

15 several regulated facilities more choices in meeting envi16 ronmental requirements.

17 ‘‘(b) DEFINITIONS.—As used in this section:

18 ‘‘(1) APPLICANT ORGANIZATION.—The term

19 ‘applicant organization’ means a group or organiza20 tion consisting of an owner or operator of a dem21 onstration site or a proposed demonstration site,

22 representatives of the State and local governments

23 with jurisdiction over the demonstration site, and in24 terested nongovernmental organizations that submit

25 an application with respect to a proposed demonstra26 tion site.
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1 ‘‘(2) BASELINE.—The term ‘baseline’, with re2 spect to a demonstration site—

3 ‘‘(A) means the actual total environmental

4 loadings for the 1-year period immediately pre5 ceding the date of submission of an application

6 for an integrated permit for the demonstration

7 site under subsection (d); and

8 ‘‘(B) includes the subtotal of each listed

9 chemical to each environmental medium.

10 ‘‘(3) DEMONSTRATION PROJECT.—The term

11 ‘demonstration project’ means the project authorized

12 by this section consisting of not more than 10 dem13 onstration sites.

14 ‘‘(4) DEMONSTRATION SITE.—The term ‘dem15 onstration site’ means the contiguous area contain16 ing processes, equipment, structures, and emissions

17 sources that are under common control and selected

18 by the Administrator to participate in the dem19 onstration project under subsection (d).

20 ‘‘(5) EMISSION.—The term ‘emission’ means

21 any emission, release, or discharge to any environ22 mental medium.

23 ‘‘(6) ENVIRONMENTAL MEDIUM.—The term ‘en24 vironmental medium’ means air, water (both ground
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1 water and surface water), or soil (including under2 ground injection).

3 ‘‘(7) INTEGRATED PERMIT.—The term ‘inte4 grated permit’ means a permit issued under sub5 section (d).

6 ‘‘(8) LISTED CHEMICAL.—The term ‘listed

7 chemical’ has the meaning provided the term by the

8 Administrator.

9 ‘‘(9) OWNER OR OPERATOR.—The term ‘owner

10 or operator’ means a person who owns, leases, oper11 ates, controls, or supervises a demonstration site or

12 proposed demonstration site.

13 ‘‘(10) PARTICIPANT.—The term ‘participant’

14 means an applicant organization that is rec15 ommended by the management panel, and approved

16 by the Administrator to participate in the dem17 onstration project.

18 ‘‘(11) TOTAL ENVIRONMENTAL LOADINGS.—

19 The term ‘total environmental loadings’ means the

20 total of the actual emissions of all listed chemicals

21 from any demonstration site to each environmental

22 medium.

23 ‘‘(c) AUTHORIZATION FOR INTEGRATED PERMIT.—

24 ‘‘(1) IN GENERAL.—To encourage the develop25 ment of more efficient, broadly applicable innovative
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1 approaches to environmental improvement that em2 phasize source reduction, pursuant to the procedures

3 established under subsection (d) for the approval of

4 an integrated permit, the Administrator may, with

5 the consent of the State in which a demonstration

6 site is located, and after notice and opportunity for

7 comment, temporarily waive, with respect to a dem8 onstration site—

9 ‘‘(A) any federally enforceable statutory or

10 regulatory environmental requirement that is

11 applicable to the demonstration site (except for

12 any specific limitation of emissions and any re13 quirement listed under paragraph (3)); and

14 ‘‘(B) any federally enforceable statutory or

15 regulatory environmental requirement (includ16 ing any specific limitation of emissions) that is

17 applicable to a demonstration site and is issued

18 after the date of approval of an integrated per19 mit for the site pursuant to subsection

20 (d)(except for any requirement listed under

21 paragraph (3)).

22 ‘‘(2) INTEGRATED PERMIT.—On the approval of

23 an application for an integrated permit pursuant to

24 subsection (d)(3), each demonstration site shall com25 ply with the conditions of an integrated permit is-
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1 sued under subsection (d). Each integrated permit

2 shall incorporate each applicable federally enforce3 able permit condition or, in lieu of the permit condi4 tion, an alternative compliance plan approved pursu5 ant to subsection (d)(3).

6 ‘‘(3) EXCEPTIONS.—Under any agreement

7 under the demonstration project authorized by this

8 section, the Administrator may not (except as other9 wise specifically provided in this section)—

10 ‘‘(A) waive any applicable remediation re11 quirement that is part of corrective action

12 under section 3004 of the Solid Waste Disposal

13 Act (42 U.S.C. 6924) or section 104 of the

14 Comprehensive Environmental Response, Com15 pensation, and Liability Act of 1980 (42 U.S.C.

16 9604);

17 ‘‘(B) in the case of an alternative compli18 ance plan, approve any condition that would

19 contribute to, or result in, exceedance of na20 tional ambient air quality standards promul21 gated under section 109 of the Clean Air Act

22 (42 U.S.C. 7409) or any water quality stand23 ards promulgated under section 301 of the Fed24 eral Water Pollution Control Act (33 U.S.C.

25 1311); or
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1 ‘‘(C) waive any requirement for occupa2 tional safety or health.

3 ‘‘(4) PREVENTION OF ENVIRONMENTAL DETE4 RIORATION.—

5 ‘‘(A) IN GENERAL.—Except as provided in

6 subparagraph (B), each integrated permit is7 sued under subsection (d) that is applicable to

8 a demonstration site shall ensure that the emis9 sions of a pollutant from a source will not, at

10 any time, exceed any otherwise applicable feder11 ally enforceable emission limit.

12 ‘‘(B) EXCEPTIONS.—With respect to a

13 demonstration site, a permit referred to in sub14 paragraph (A) may allow for the exceedance of

15 an otherwise applicable federally enforceable

16 emissions limit if—

17 ‘‘(i) the limit is a requirement de18 scribed in paragraph (1)(B);

19 ‘‘(ii) in an alternative compliance plan

20 submitted by a participant pursuant to

21 subsection (d), the Administrator, after

22 providing notice and opportunity for public

23 comment, makes a finding that the overall

24 environmental benefits of the plan out25 weigh the exceedance and would result in
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1 a net improvement in public health and the

2 environment; and

3 ‘‘(iii) with respect to a finding made

4 under clause (ii), no member or entity of

5 the applicant organization objects to the

6 exceedance.

7 ‘‘(5) NEW RULES.—Each integrated permit

8 that is applicable to a demonstration site shall, be9 ginning on the effective date of an applicable feder10 ally enforceable environmental requirement, incor11 porate the requirement or, in lieu of incorporating

12 the requirement, incorporate an alternative compli13 ance plan approved under subsection (d).

14 ‘‘(6) INTERIM COMPLIANCE AGREEMENT.—On

15 the termination of an integrated permit issued under

16 subsection (d), all applicable environmental require17 ments shall be immediately effective except that, at

18 the request of the participant, the Administrator and

19 the appropriate permitting authority of the State in

20 which the participant is located, shall develop an in21 terim compliance agreement that shall be in effect

22 for a period of not to exceed 1 year and that shall

23 apply in lieu of the requirements.

24 ‘‘(7) ENFORCEMENT.—If a participant fails to

25 meet a condition of an integrated permit issued
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1 under subsection (d), the permit shall terminate im2 mediately upon a finding by the Administrator of

3 the failure.

4 ‘‘(8) STATE RULES.—In the case of environ5 mental requirements under an integrated permit is6 sued pursuant to subsection (d) that are applicable

7 to a demonstration site and that are only enforceable

8 by the State in which the demonstration site is lo9 cated, the Administrator may, as part of the ap10 proval of an application for an integrated permit

11 under subsection (d), enter into an agreement with

12 the State to incorporate the requirements into the

13 demonstration project established under subsection

14 (d).

15 ‘‘(d) DEMONSTRATION PROJECT.—

16 ‘‘(1) ESTABLISHMENT.—The Administrator

17 shall establish a pilot program (referred to in this

18 subsection as a ‘demonstration project’) to dem19 onstrate, at not more than 10 demonstration sites,

20 the implementation of an integrated permitting proc21 ess that—

22 ‘‘(A) combines all applicable Federal envi23 ronmental requirements, except the require24 ments listed under subsection (c)(3), into a sin25 gle integrated permit; and
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1 ‘‘(B) provides the demonstration sites with

2 the opportunity to identify and demonstrate, in

3 practice, innovative and alternative methods of

4 compliance with applicable federally enforceable

5 environmental requirements and the oppor6 tunity to make other environmental improve7 ments.

8 ‘‘(2) SELECTION OF PARTICIPANTS.—The Ad9 ministrator shall accept applications for participa10 tion in the demonstration project from each inter11 ested applicant organization. In consultation with

12 the management panel established under paragraph

13 (7), the Administrator shall approve or disapprove

14 the application.

15 ‘‘(3) REVIEW AND APPROVAL OF INTEGRATED

16 PERMITS.—

17 ‘‘(A) IN GENERAL.—After approving an

18 application of an applicant organization re19 ferred to in paragraph (2) to participate in the

20 demonstration project, the Administrator shall

21 accept an application for the issuance of an in22 tegrated permit under this section from the ap23 plicant organization.

24 ‘‘(B) APPROVAL OF APPLICATION.—Not

25 later than 120 days after receipt of a complete
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1 application for an integrated permit, or not

2 later than 90 days after receipt of an applica3 tion to modify an integrated permit, the Admin4 istrator, in consultation with the management

5 panel established under paragraph (7), shall ap6 prove all or part of the application, or dis7 approve the application and include the reasons

8 for the disapproval in a written notice to the

9 applicant of the disapproval.

10 ‘‘(C) EFFECT OF APPROVAL.—On the ap11 proval of all or part of an application for, or

12 modification of, an integrated permit, the Ad13 ministrator shall incorporate the conditions in

14 the approved application into the integrated

15 permit. The integrated permit shall be enforce16 able by the Administrator and shall expire no

17 later than 5 years after the date of approval.

18 ‘‘(4) PERMIT RENEWAL.—Notwithstanding sub19 section (g)—

20 ‘‘(A) not earlier than 180 days prior to the

21 scheduled expiration date of an integrated per22 mit, the participant who holds the permit may

23 apply to the Administrator for renewal of the

24 integrated permit for an additional period of

25 not to exceed 5 years; and
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1 ‘‘(B) not later than 120 days after receipt

2 of a complete application for renewal of the in3 tegrated permit, the Administrator, after notice

4 and opportunity for comment, shall approve the

5 application if—

6 ‘‘(i) the participant has satisfactorily

7 complied with all of the conditions of the

8 integrated permit;

9 ‘‘(ii) the management panel estab10 lished under paragraph (7) determines that

11 the renewal is in the best interest of public

12 health and the environment; and

13 ‘‘(iii) no member or entity of the ap14 plicant organization objects to the renewal.

15 ‘‘(5) INTERIM REPORT.—Not later than 3 years

16 after issuing the first integrated permit under para17 graph (3), the Administrator, in consultation with

18 the management panel, shall develop and submit to

19 Congress a report on the results of the demonstra20 tion project authorized under this section, includ21 ing—

22 ‘‘(A) the number of, and a description of,

23 the demonstration sites approved under this

24 section;
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1 ‘‘(B) statistics indicating, for each dem2 onstration site, and for the aggregate of all

3 demonstration sites, changes in—

4 ‘‘(i) total environmental loadings;

5 ‘‘(ii) risks to human health and the

6 environment; and

7 ‘‘(iii) compliance costs (including

8 labor and energy);

9 ‘‘(C) recommendations for improving, ex10 panding, or curtailing the demonstration project

11 authorized under this section; and

12 ‘‘(D) if appropriate, any interim conclu13 sions and recommendations for the development

14 of more efficient methods of compliance or reg15 ulatory procedures that are broadly applicable.

16 ‘‘(6) FINAL REPORT.—Not later than 3 years

17 after the date of submission of the interim report re18 quired under paragraph (5), the Administrator, in

19 consultation with the management panel established

20 under paragraph (7), shall develop and submit to

21 Congress a final report on the results of the dem22 onstration project authorized under this title, includ23 ing the information specified in paragraph (5).

24 ‘‘(7) MANAGEMENT PANEL.—In carrying out

25 the demonstration project established under para-
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1 graph (1), the Administrator shall establish a panel

2 of experts from the Environmental Protection Agen3 cy to manage the demonstration project. The man4 agement panel shall—

5 ‘‘(A) on a competitive basis, review and

6 recommend to the Administrator the approval

7 or disapproval of the participation of applicants

8 in the demonstration project in a manner that

9 maximizes—

10 ‘‘(i) geographic diversity among the

11 demonstration sites;

12 ‘‘(ii) a sample of demonstration sites

13 representing multiple industrial sectors;

14 ‘‘(iii) the potential for environmental

15 improvement and source reduction from

16 each demonstration site;

17 ‘‘(iv) the potential benefit to the local

18 community surrounding each demonstra19 tion site;

20 ‘‘(v) the compliance of each dem21 onstration site with all applicable environ22 mental requirements;

23 ‘‘(vi) early, direct, and meaningful

24 community involvement; and
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1 ‘‘(vii) the inclusion of environmental

2 requirements that are enforceable by a

3 State in the demonstration project;

4 ‘‘(B) review and recommend to the Admin5 istrator the approval or disapproval of each ap6 plication for, or modification or renewal of, an

7 integrated permit in a manner that maxi8 mizes—

9 ‘‘(i) environmental and health bene10 fits;

11 ‘‘(ii) source reduction;

12 ‘‘(iii) cost efficiency; and

13 ‘‘(iv) participation of the community

14 located in the vicinity of each demonstra15 tion site; and

16 ‘‘(C) consult with, and seek input from,

17 parties interested in the development and oper18 ation of the demonstration project (including

19 each community located in the vicinity of each

20 demonstration site).

21 ‘‘(e) PARTICIPANT RESPONSIBILITIES.—

22 ‘‘(1) INTEGRATED PERMIT APPLICATION.—Not

23 later than 180 days after the date of approval of an

24 application to participate in the demonstration

25 project, the participant shall develop and submit to
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1 the Administrator an application for an integrated

2 permit. The application shall include, with respect to

3 the demonstration site—

4 ‘‘(A) an audit of the baseline of the dem5 onstration site;

6 ‘‘(B) an analysis of total environmental

7 loadings for the 2-year period immediately pre8 ceding the year of the baseline, that indicates

9 that the baseline is not artificially inflated;

10 ‘‘(C) a pollution prevention plan prepared

11 pursuant to section 6609; and

12 ‘‘(D) an alternative compliance plan that

13 indicates any proposed changes from otherwise

14 applicable requirements, including—

15 ‘‘(i) an analysis with respect to the al16 ternative compliance plan, that indicates,

17 for each affected emission point—

18 ‘‘(I) any anticipated change in

19 the emission rate to each environ20 mental medium for each affected pol21 lutant (as compared with the emis22 sions rate under otherwise applicable

23 requirements); and

24 ‘‘(II) any anticipated changes in

25 health or environmental risks and
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1 costs as compared with the otherwise

2 applicable requirements; and

3 ‘‘(ii) an identification of any aspect of

4 the alternative plan that constitutes source

5 reduction.

6 ‘‘(2) PERMIT MODIFICATIONS.—At any time be7 fore the date that is 180 days before the date of ex8 piration of an integrated permit issued pursuant to

9 this subsection, a participant may submit an appli10 cation to the Administrator for a modification of the

11 conditions of the integrated permit. The application

12 shall include the rationale for the modification and

13 the information required under paragraph (1)(D).

14 ‘‘(3) ANNUAL REPORTING REQUIREMENTS.—

15 Not later than 1 year after the date of approval of

16 an application for an integrated permit pursuant to

17 this section, and not less frequently than annually

18 thereafter during the period during which the dem19 onstration project established under this section is in

20 effect, each participant in the demonstration project

21 established under this section shall submit to the

22 Administrator a publicly available report that, with

23 respect to the demonstration site of the partici24 pant—
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1 ‘‘(A) specifies the actual or estimated costs

2 (including labor and energy) required to imple3 ment the conditions of the integrated permit is4 sued to the participant, as compared to costs

5 associated with the baseline established by the

6 participant pursuant to paragraph (1);

7 ‘‘(B) includes an audit of the then current

8 total environmental loadings as compared to the

9 baseline;

10 ‘‘(C) includes an assessment of the then

11 current risks to human health and the environ12 ment associated with the total environmental

13 loadings, as compared to the risks associated

14 with the baseline; and

15 ‘‘(D) includes, if appropriate, recommenda16 tions for improving the operation of the dem17 onstration site and the demonstration project.

18 ‘‘(f) PUBLIC PARTICIPATION.—

19 ‘‘(1) APPLICANT ORGANIZATIONS.—

20 ‘‘(A) IN GENERAL.—Each applicant orga21 nization that participates in the demonstration

22 project under subsection (d) shall consist of

23 representatives of—

24 ‘‘(i) the owner or operator of a dem25 onstration site;
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1 ‘‘(ii) the State governing body for the

2 demonstration site;

3 ‘‘(iii) the local governing body for the

4 demonstration site; and

5 ‘‘(iv) interested citizen, environmental,

6 or public interest groups located in the vi7 cinity of a demonstration site.

8 ‘‘(B) CONSIDERATION OF COMPOSITION.—

9 In making recommendations to the Adminis10 trator concerning the selection of demonstration

11 sites, the management panel established under

12 subsection (d)(7) shall consider the degree to

13 which each of the categories referred to in

14 clauses (i) through (iv) of subparagraph (A) is

15 represented and involved in an applicant organi16 zation that submits an application for participa17 tion in the demonstration project.

18 ‘‘(2) EARLY, DIRECT, AND MEANINGFUL COM19 MUNITY INVOLVEMENT.—

20 ‘‘(A) IN GENERAL.—All members of the

21 applicant organization shall have early, direct,

22 and meaningful involvement in critical decisions

23 with regard to the relevant demonstration site,

24 including the application of the organization to

25 participate in the demonstration project submit-
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1 ted pursuant to subsection (d) and the develop2 ment by the organization of any alternative

3 compliance plans.

4 ‘‘(B) CONSIDERATION OF VIEWS AND REC5 OMMENDATIONS.—The management panel es6 tablished under subsection (d)(7) shall consider

7 the views and recommendations of an entire ap8 plicant organization regarding all aspects of the

9 demonstration project at a particular dem10 onstration site.

11 ‘‘(3) TECHNICAL ASSISTANCE GRANTS.—The

12 Administrator may provide a technical assistance

13 grant to each applicant organization and each local

14 community in the vicinity of each demonstration

15 site.

16 ‘‘(g) TERMINATION.— Except as provided in sub17 section (d)(4), the demonstration project shall terminate

18 not later than 10 years after the date of enactment of this

19 section.’’; and

20 (3) by striking section 6613 and inserting the

21 following new section:

22 ‘‘SEC. 6613. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘(a) IN GENERAL.—There are authorized to be ap24 propriated to the Environmental Protection Agency—
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1 ‘‘(1) to carry out section 6605, $8,000,000 for

2 each of fiscal years 1994 through 1998;

3 ‘‘(2) to carry out section 6611, $10,000,000 for

4 each of fiscal years 1995 through 2002; and

5 ‘‘(3) to carry out the other provisions of this

6 subtitle, $8,000,000 for each of fiscal years 1994

7 through 1998.

8 ‘‘(b) TECHNICAL ASSISTANCE GRANTS.—Of the

9 funds made available to the Administrator by appropria10 tions pursuant to subsection (a)(2), the Administrator

11 may use an amount not to exceed 20 percent of the funds

12 to carry out section 6611(f)(3).’’.

13 TITLE III—NONPOINT POLLU14 TION CONTROL AND WATER15 SHED PLANNING

16 SEC. 301. WATER QUALITY MONITORING.

17 (a) STATE WATER QUALITY MONITORING PRO18 GRAMS.—Section 305 (33 U.S.C. 1315) is amended—

19 (1) in subsection (a), by inserting ‘‘IN GEN20 ERAL.—’’ after ‘‘(a)’’; and

21 (2) by striking subsection (b) and inserting the

22 following new subsection:

23 ‘‘(b) STATE WATER QUALITY MONITORING PRO24 GRAMS.—
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1 ‘‘(1) IN GENERAL.—Each State shall conduct a

2 comprehensive program to monitor the quality of the

3 waters and aquatic sediment in the State.

4 ‘‘(2) STATE PROGRAM.—Each State monitoring

5 program conducted pursuant to this subsection shall,

6 at a minimum—

7 ‘‘(A) assess whether the waters in the

8 State—

9 ‘‘(i) provide for the protection and

10 propagation of a balanced population of

11 shellfish, fish, and wildlife;

12 ‘‘(ii) allow for recreation in and on the

13 waters; and

14 ‘‘(iii) are of sufficient quality to pro15 vide for public water supply needs;

16 ‘‘(B) identify waters and aquatic sediment

17 that do not meet water or sediment quality

18 standards; and

19 ‘‘(C) assess the contribution of point

20 sources, nonpoint sources, and background

21 sources to the water pollution problems of the

22 State referred to in subparagraphs (A) and (B).

23 ‘‘(3) MINIMUM REQUIREMENTS.—Not later

24 than 2 years after the date of enactment of this

25 paragraph, the Administrator shall promulgate regu-
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1 lations that specify minimum requirements for State

2 monitoring programs conducted pursuant to this

3 subsection, including a requirement that all navi4 gable waters in each State be monitored for compli5 ance with water and sediment quality standards not

6 less often than every 5 years. The regulations shall

7 provide an opportunity for citizens to conduct water

8 and sediment quality monitoring using methods and

9 procedures prescribed by the Administrator. Before

10 promulgating the regulations, the Administrator

11 shall consult with the Chief Executive Officer of the

12 Corporation for National and Community Service re13 garding the appropriate involvement, in monitoring

14 activities by citizens, by participants in a program

15 carried out under title I of the National and Com16 munity Service Act of 1990 (42 U.S.C. 12511 et

17 seq.). Monitoring data collected by any person in ac18 cordance with the methods and procedures pre19 scribed by the Administrator may be submitted to a

20 State and shall be used by the State, in the absence

21 of contravening information, to prepare reports on

22 water and sediment quality under this section and to

23 identify and list impaired or threatened waters

24 under section 319(a).
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1 ‘‘(4) PROGRAM COORDINATION.—Each State

2 monitoring program conducted pursuant to this sub3 section shall coordinate the assessment of water and

4 sediment quality in the State, drawing on data

5 from—

6 ‘‘(A) monitoring programs of Federal,

7 State, and local agencies (including drinking

8 water and ground water monitoring programs);

9 ‘‘(B) monitoring of dischargers pursuant

10 to section 308 or 402;

11 ‘‘(C) monitoring and data collection activi12 ties underway at land-grant universities; and

13 ‘‘(D) citizen monitoring programs.

14 ‘‘(5) STATE REPORT.—

15 ‘‘(A) IN GENERAL.—Not later than 2 years

16 after the date of enactment of this paragraph,

17 and every 5 years thereafter, each State shall

18 prepare, and submit to the Administrator, a re19 port containing information, for all waters in

20 the State, on the attainment and maintenance

21 of water and sediment quality standards. To as22 sist in maintaining a national inventory of

23 water and sediment quality on a continuous

24 basis as provided in paragraph (6), each State

25 shall submit to the Administrator water and
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1 sediment quality monitoring data as the data

2 becomes available during each 5-year period.

3 ‘‘(B) CONTENTS OF REPORT.—Each State

4 shall include in each report referred to in sub5 paragraph (A) data collected from hydrologic

6 study units, fixed monitoring stations, and

7 other monitoring programs operated by Federal

8 agencies.

9 ‘‘(6) AVAILABILITY OF DATA.—The Adminis10 trator shall ensure that the data provided in the re11 ports submitted pursuant to paragraph (5) are

12 maintained in a national inventory on a continuous

13 basis by the Environmental Protection Agency, and

14 that the repository is updated in a timely fashion.’’.

15 (b) INTERGOVERNMENTAL TASK FORCE ON MON16 ITORING WATER QUALITY.—Section 305 (33 U.S.C.

17 1315) is amended by adding at the end the following new

18 subsection:

19 ‘‘(c) INTERGOVERNMENTAL TASK FORCE ON MON20 ITORING WATER QUALITY.—

21 ‘‘(1) IN GENERAL.—The President shall main22 tain the Intergovernmental Task Force on Monitor23 ing Water Quality (established to carry out the di24 rective of the Director of the Office of Management

25 and Budget issued in 1991 under the Office of Man-
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1 agement and Budget memorandum numbered M–

2 92–01). The Task Force shall give advice with re3 spect to the coordination of Federal and State water

4 and sediment quality monitoring programs.

5 ‘‘(2) MEMBERSHIP OF TASK FORCE.—The Task

6 Force shall be composed of—

7 ‘‘(A) a representative of the Administrator,

8 who shall be a cochairperson of the Task Force;

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

10 the United States Geological Survey, who shall

11 be a cochairperson of the Task Force;

12 ‘‘(C) representatives of appropriate Fed13 eral agencies; and

14 ‘‘(D) representatives of State, interstate,

15 and tribal environmental protection agencies

16 and natural resources agencies.

17 ‘‘(3) RESPONSIBILITIES.—The Task Force

18 shall, at a minimum—

19 ‘‘(A) review and make recommendations

20 regarding the implementation of Federal water

21 and sediment quality monitoring programs;

22 ‘‘(B) review and make recommendations

23 regarding the implementation of State water

24 quality monitoring programs pursuant to sub25 section (b);
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1 ‘‘(C) recommend consistent quality assur2 ance standards for monitoring programs imple3 mented pursuant to this section;

4 ‘‘(D) recommend procedures and methods

5 for field data collection and the statistical anal6 ysis of monitoring data;

7 ‘‘(E) assist in the effective coordination of

8 data management systems; and

9 ‘‘(F) recommend procedures to ensure the

10 comparability of data collection and laboratory

11 methods, if appropriate.

12 ‘‘(4) STRATEGY.—

13 ‘‘(A) IN GENERAL.—Not later than 2 years

14 after the date of enactment of this subsection,

15 the President, after considering the rec16 ommendations of the Task Force, shall submit

17 to Congress a strategy for the coordinated im18 plementation of water and sediment quality

19 monitoring programs.

20 ‘‘(B) ELEMENTS OF STRATEGY.—The

21 strategy referred to in subparagraph (A)

22 shall—

23 ‘‘(i) review and assess the location

24 and function of fixed monitoring stations

25 and hydrologic study units; and
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1 ‘‘(ii) describe—

2 ‘‘(I) the roles and responsibilities

3 of Federal agencies;

4 ‘‘(II) methods of coordination

5 among agencies, including procedures

6 to ensure the implementation of the

7 strategy;

8 ‘‘(III) the anticipated level of re9 sources to be devoted to monitoring

10 programs by each agency; and

11 ‘‘(IV) measures to ensure that

12 Federal monitoring programs are re13 sponsive to the monitoring needs of

14 States to the fullest extent prac15 ticable.

16 ‘‘(5) REPORT TO CONGRESS.—

17 ‘‘(A) IN GENERAL.—Not later than 3 years

18 after the date of enactment of this subsection,

19 and every 5 years thereafter, the Administrator,

20 in cooperation with the Task Force, shall pre21 pare and submit to Congress a report that—

22 ‘‘(i) describes the findings of monitor23 ing programs conducted pursuant to this

24 section; and
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1 ‘‘(ii) provides a comprehensive assess2 ment of conditions and trends in the qual3 ity of waters throughout the United States,

4 including a description and assessment of

5 those waters not meeting water and sedi6 ment quality standards.

7 ‘‘(B) CONTENTS OF REPORT.—The report

8 referred to in subparagraph (A) shall identify

9 needed changes to Federal and State monitor10 ing programs, including the adequacy of fund11 ing for the accomplishment of the monitoring

12 programs provided for in this Act.’’.

13 SEC. 302. NONPOINT SOURCE POLLUTION CONTROL.

14 (a) IMPAIRED WATERS IDENTIFICATION.—The sec15 tion heading and subsection (a) of section 319 (33 U.S.C.

16 1329) are amended to read as follows:

17 ‘‘NONPOINT SOURCE POLLUTION

18 ‘‘SEC. 319. (a) IMPAIRED WATERS.—

19 ‘‘(1) IN GENERAL.—Not later than 2 years

20 after the date of enactment of the Water Pollution

21 Prevention and Control Act of 1994, and every 5

22 years thereafter, each State shall submit to the Ad23 ministrator a list of the navigable waters in the

24 State that cannot, without additional action to con25 trol nonpoint sources of pollution, reasonably be an26 ticipated to attain or maintain—
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1 ‘‘(A) water and sediment quality stand2 ards; and

3 ‘‘(B) in the case of a parameter with re4 spect to which no water or sediment quality

5 standard is in effect, water and sediment qual6 ity that supports the designated use.

7 ‘‘(2) CONTENTS OF LIST.—A list submitted

8 pursuant to paragraph (1) shall include, at a mini9 mum, waters listed pursuant to section 304(l), un10 less the State demonstrates that the waters do not

11 meet the listing criteria referred to in paragraph (1).

12 ‘‘(3) DELINEATED AREAS.—For each water list13 ed pursuant to paragraph (1) or (4), the State shall

14 delineate the land area in the State of the watershed

15 of the listed water. Each area delineated pursuant to

16 this paragraph shall include all nonpoint sources of

17 water pollution in the watershed that contribute to

18 the impairment of the quality of the listed water.

19 ‘‘(4) OTHER WATERS.—In addition to listing

20 the waters referred to in paragraph (1), a State may

21 include, in the list prepared pursuant to such para22 graph, any waters in the State that the State deter23 mines to be—

24 ‘‘(A) threatened with impairment;
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1 ‘‘(B) an outstanding national resource

2 water (as described in section 303(b)(3)(B)); or

3 ‘‘(C) ground water that is contaminated or

4 threatened with contamination by nonpoint

5 sources of pollution.

6 ‘‘(5) PUBLIC REVIEW AND COMMENT.—

7 ‘‘(A) IN GENERAL.—Each State shall pro8 vide an opportunity for public review and com9 ment on the list prepared pursuant to this sub10 section, including holding at least 1 public hear11 ing concerning the list not later than 60 days

12 before submitting the list to the Administrator

13 and providing an opportunity for persons resid14 ing in the State to request the listing or

15 delisting of a water.

16 ‘‘(B) CHANGES TO LIST.—Before submit17 ting the list prepared pursuant to this sub18 section to the Administrator, the State shall act

19 on each request received under subparagraph

20 (A) by adding to the list any water that the

21 State finds meets the listing criteria referred to

22 in paragraph (1) and removing from the list

23 any water that the State finds does not meet

24 the listing criteria referred to in paragraph (1)

25 or (4).
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1 ‘‘(6) APPROVAL BY ADMINISTRATOR.—

2 ‘‘(A) IN GENERAL.—The Administrator

3 shall review each list required to be prepared

4 pursuant to this subsection not later than 90

5 days after receipt of the list. The Administrator

6 shall approve the list if the list is consistent

7 with the requirements of this subsection. The

8 approval of the list by the Administrator shall

9 constitute a final agency action that shall be

10 reviewable, on the record, in the appropriate

11 district court of the United States.

12 ‘‘(B) ADDITIONS; EXPANSIONS.—In ap13 proving a list submitted by a State pursuant to

14 paragraph (1) and after providing an oppor15 tunity for public review and comment (including

16 holding at least 1 public hearing concerning any

17 proposed addition or expansion of the list), the

18 Administrator may—

19 ‘‘(i) add any water in the State that

20 the Administrator determines meets the

21 criteria under paragraph (1)(A); or

22 ‘‘(ii) expand an area identified pursu23 ant to paragraph (3) in order to make the

24 area consistent with the requirements of

25 this subsection.
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1 ‘‘(7) DELETIONS FROM THE LIST.—A State

2 may, at any time after a list of impaired and threat3 ened waters is first submitted under paragraph (1),

4 propose that a specific water be deleted from the list

5 if the State can demonstrate through monitoring

6 and other information required by the Administrator

7 that the water is attaining and will continue to at8 tain applicable water and sediment quality stand9 ards. The Administrator shall approve or disapprove

10 a proposed deletion within 90 days of receipt of the

11 proposal from the State. The Administrator may re12 quire as a condition of approval of a proposed dele13 tion that management measures for categories or

14 subcategories of particular sources located in the de15 lineated area of the water be maintained.

16 ‘‘(8) ACTION BY THE ADMINISTRATOR.—In any

17 case in which a State fails to submit a list pursuant

18 to this subsection by the date specified in paragraph

19 (1), the Administrator, after providing an oppor20 tunity for public review and comment (including

21 holding at least 1 public hearing), shall list waters

22 and delineate land areas in a manner consistent with

23 paragraphs (1) and (3) not later than 1 year after

24 the date specified in paragraph (1).’’.
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1 (b) STATE MANAGEMENT PROGRAM.—Subsection (b)

2 of section 319 (33 U.S.C. 1329(b)) is amended to read

3 as follows:

4 ‘‘(b) STATE MANAGEMENT PROGRAM.—

5 ‘‘(1) IN GENERAL.—Not later than 30 months

6 after the date of enactment of the Water Pollution

7 Prevention and Control Act of 1994, and every 5

8 years thereafter, the Governor of each State shall,

9 after notice and opportunity for public comment,

10 submit to the Administrator for approval a manage11 ment program for controlling pollution added to wa12 ters from nonpoint sources and improving the qual13 ity of waters.

14 ‘‘(2) PROGRAM REQUIREMENTS.—Each man15 agement program submitted to the Administrator

16 under this subsection shall include the following:

17 ‘‘(A) A list of the categories and

18 subcategories of sources of nonpoint water pol19 lution, including each of the categories and

20 subcategories identified in guidance published

21 under subsection (c)(2)(A), that contribute to

22 the impairment of or threaten waters listed pur23 suant to subsection (a).

24 ‘‘(B) A requirement that—
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1 ‘‘(i) each new source that is located in

2 the land area of an impaired water listed

3 pursuant to subsection (a) or a land area

4 identified by the Administrator by rule

5 under subsection (c)(5) implement man6 agement measures, consistent with the

7 guidance published pursuant to subsection

8 (c), as expeditiously as practicable, but not

9 later than 1 year after the date the re10 quirement is included in an approved pro11 gram submitted pursuant to this sub12 section; and

13 ‘‘(ii) each existing source that is lo14 cated in the land area of an impaired

15 water listed pursuant to subsection (a) im16 plement management measures consistent

17 with the guidance published pursuant to

18 subsection (c), or develop a site-specific

19 plan pursuant to subsection (f), as expedi20 tiously as practicable, but not later than 3

21 years after the date of approval of a pro22 gram submitted pursuant to this sub23 section.

24 ‘‘(C) Goals and milestones for progress in

25 attaining water quality standards, including a
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1 projected date for attaining designated uses as

2 soon as practicable but not later than 10 years

3 after the date on which the program is ap4 proved under this section, for each of the wa5 ters listed pursuant to subsection (a).

6 ‘‘(D) A description of the programs (in7 cluding appropriate nonregulatory or regulatory

8 programs for enforcement, technical assistance,

9 financial assistance, education, training, tech10 nology transfer, and demonstration projects) to

11 be carried out to control pollution added to

12 water from nonpoint sources.

13 ‘‘(E) A certification of the attorney general

14 (or equivalent official) of the State stating that

15 the laws of the State provide sufficient author16 ity to ensure the implementation of the man17 agement program of the State, including, at a

18 minimum, the authority to seek injunctive relief

19 for the failure to implement and carry out a

20 measure pursuant to subparagraph (B).

21 ‘‘(F) A description of sources of Federal

22 assistance and other assistance and funding (in

23 addition to assistance provided under subsection

24 (h) or (i)) that will be available for each fiscal

25 year during which measures will be imple-
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1 mented pursuant to subparagraph (B), and the

2 purposes for which the assistance will be used

3 during each of the fiscal years.

4 ‘‘(G)(i) A description of Federal financial

5 assistance programs and Federal development

6 projects with respect to which the State will re7 view individual applications for assistance or de8 velopment projects to determine—

9 ‘‘(I) the effect of the assistance or de10 velopment project on water quality (pursu11 ant to the procedures set forth in Execu12 tive Order 12372, as in effect on Septem13 ber 17, 1983); and

14 ‘‘(II) whether the assistance or devel15 opment project would be consistent with

16 the management program developed pursu17 ant to this subsection.

18 ‘‘(ii) In addition to including Federal fi19 nancial assistance programs and development

20 projects subject to the Executive Order referred

21 to in clause (i), the Federal financial assistance

22 programs and development projects identified

23 pursuant to this subparagraph may include as24 sistance programs or development projects

25 that—
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1 ‘‘(I) are not subject to the Executive

2 Order;

3 ‘‘(II) are listed in the most recent

4 Catalog of Federal Domestic Assistance re5 quired to be published by the Adminis6 trator of General Services under section

7 6104 of title 31, United States Code; and

8 ‘‘(III) may have a significant effect

9 with respect to meeting the purposes and

10 objectives of the nonpoint source pollution

11 management program of the State.

12 ‘‘(3) STATE ALTERNATIVE MANAGEMENT MEAS13 URES.—

14 ‘‘(A) IN GENERAL.—In developing a man15 agement program under this subsection, a State

16 may select alternative management measures

17 and practices that are not identified in the

18 guidance published pursuant to subsection (c) if

19 the alternative measures and practices are as

20 effective or more effective in controlling

21 nonpoint source pollution as the measures and

22 practices specified in the guidance published

23 pursuant to subsection (c).

24 ‘‘(B) ALTERNATIVE REQUIREMENTS FOR A

25 SOURCE.—With the approval of the Adminis-
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1 trator, a State may adopt an alternative re2 quirement with respect to a specific source of

3 nonpoint source pollution on the basis of a

4 showing by the owner or operator of the source

5 that the alternative requirement will represent

6 the maximum use of management measures and

7 practices within the economic capability of the

8 owner or operator.

9 ‘‘(C) GROUND WATER MANAGEMENT MEAS10 URES.—To the extent that a State has listed

11 ground waters pursuant to subsection (a)(4)(C),

12 the management program submitted by the

13 State under this subsection shall identify the

14 source categories and subcategories or particu15 lar sources of nonpoint pollution to which the

16 program applies and the management measures

17 that sources in the categories and subcategories

18 are required to implement.

19 ‘‘(4) UTILIZATION OF LOCAL AND PRIVATE EX20 PERTS.—In developing and implementing a manage21 ment program under this subsection, a State shall,

22 to the maximum extent practicable, involve public

23 and private agencies and organizations that have ex24 pertise in the control of nonpoint sources of pollu-
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1 tion, including any agency or organization that

2 has—

3 ‘‘(A) been certified by the Administrator in

4 accordance with section 208;

5 ‘‘(B) worked jointly with the State on

6 water quality management planning under sec7 tion 205(j); or

8 ‘‘(C) been designated by the State legisla9 tive body or Governor as a water quality man10 agement planning agency for the geographic

11 area of the agency or organization.

12 ‘‘(5) DEVELOPMENT ON WATERSHED BASIS.—A

13 State shall, to the maximum extent practicable, de14 velop and implement a management program under

15 this subsection on a watershed basis within the

16 State.

17 ‘‘(6) APPLICABILITY OF OTHER PROGRAMS.—A

18 State that has in effect a program approved pursu19 ant to section 6217(b) of the Coastal Zone Act Re20 authorization Amendments of 1990 (16 U.S.C.

21 1455b(b)) shall be considered to meet the require22 ments of this subsection for the area of the State

23 covered by the program.

24 ‘‘(7) FAILURE TO SUBMIT A MANAGEMENT PRO25 GRAM.—
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1 ‘‘(A) IN GENERAL.—If a State fails to sub2 mit a management program to the Adminis3 trator pursuant to paragraph (1), or if the Ad4 ministrator disapproves a program submitted by

5 a State pursuant to paragraph (1), not later

6 than 1 year after the deadline for submittal

7 under paragraph (1) or the date on which the

8 Administrator disapproves a program, the Ad9 ministrator, after providing notice and an op10 portunity for public comment, shall issue regu11 lations that provide for the implementation of a

12 management program for the State in a man13 ner consistent with this subsection.

14 ‘‘(B) REQUIREMENTS FOR REGULA15 TIONS.—A Federal program established by sub16 paragraph (A) shall—

17 ‘‘(i) be deemed to be an approved pro18 gram, in the case of a State that fails to

19 submit a management program, 1 year

20 after the date specified in paragraph (1),

21 and, in the case of the disapproval by the

22 Administrator of a program, on the date of

23 disapproval; and

24 ‘‘(ii) remain in effect until such time

25 as the Governor of the State submits a
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1 management program that meets the re2 quirements of this subsection to the Ad3 ministrator, and the Administrator ap4 proves the program.

5 ‘‘(C) FUNDING OF MANAGEMENT PROGRAM

6 ESTABLISHED BY REGULATION.—The Adminis7 trator may use sums allocated to the State pur8 suant to subsection (h) to carry out a manage9 ment program established by regulation pursu10 ant to this paragraph (including making grants

11 to substate agencies approved by the Adminis12 trator pursuant to subsection (e)).

13 ‘‘(8) DEFINITIONS.—As used in this subsection:

14 ‘‘(A) EXISTING SOURCE.—The term ‘exist15 ing source’ means a nonpoint source of water

16 pollution that is not a new source.

17 ‘‘(B) NEW SOURCE.—The term ‘new

18 source’ means a new or expanded operation or

19 facility that is a source of nonpoint water pollu20 tion that is identified as a new source by the

21 Administrator in the guidance published under

22 subsection (c).’’.

23 (c) NATIONAL PROGRAM GUIDANCE.—Subsection (c)

24 of section 319 (33 U.S.C. 1329(c)) is amended to read

25 as follows:
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1 ‘‘(c) NATIONAL PROGRAM GUIDANCE.—

2 ‘‘(1) IN GENERAL.—The Administrator, in con3 sultation with the heads of other Federal agencies,

4 shall publish guidance that specifies elements of

5 nonpoint source pollution management programs.

6 ‘‘(2) CONTENTS OF GUIDANCE.—The guidance

7 published under this subsection shall include, at a

8 minimum—

9 ‘‘(A) a description of categories and

10 subcategories of sources of nonpoint pollution;

11 ‘‘(B) a description of management meas12 ures appropriate to each category or sub13 category of sources identified in subparagraph

14 (A), including a description of each method or

15 practice, structural or nonstructural control,

16 and operation and maintenance procedure that

17 constitutes each measure, taking into account

18 the impact of the measure on ground water

19 quality;

20 ‘‘(C) program implementation criteria ap21 propriate to ensure the implementation of man22 agement measures;

23 ‘‘(D) a description of methods to estimate

24 reductions in nonpoint pollution loads necessary

25 to attain and maintain water and sediment
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1 quality standards and achieve the goals and re2 quirements of this Act; and

3 ‘‘(E) a description of any necessary mon4 itoring to assess over time the success of man5 agement measures in reducing nonpoint pollu6 tion and improving water quality.

7 ‘‘(3) REGIONAL VARIATION.—In establishing

8 guidance for management measures under this sec9 tion, the Administrator shall take into account vari10 ations in hydrology, geology, climate, and land and

11 water management practices across the regions of

12 the United States and shall ensure that the manage13 ment measures prescribed are appropriate for the re14 gion in which the measures are to be implemented.

15 ‘‘(4) NEW SOURCES ON IMPAIRED WATERS.—

16 The Administrator may list categories and

17 subcategories of new sources (and issue associated

18 management measures) in the guidance published

19 under this subsection, if the Administrator deter20 mines that new sources in the category or sub21 category are likely, in the absence of the manage22 ment measures, to contribute to pollution that pre23 vents the attainment or maintenance of water or

24 sediment quality standards. State programs required

25 to be submitted pursuant to subsection (b) prior to
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1 30 months after the date of enactment of the Water

2 Pollution Prevention and Control Act of 1994 shall

3 include management measures for new sources in

4 categories or subcategories for which the Adminis5 trator has issued guidance prior to 18 months after

6 such date.

7 ‘‘(5) NEW SOURCES ON OTHER WATERS.—The

8 Administrator may by rule, after notice and oppor9 tunity for public comment, require State programs

10 submitted under subsection (b) to include require11 ments for the implementation of management meas12 ures, as specified in guidance under this subsection

13 or by the State under subsection (b)(3), for cat14 egories and classes of new sources located in land

15 areas outside of impaired waters listed pursuant to

16 subsection (a).

17 ‘‘(6) PUBLICATION OF GUIDANCE.—

18 ‘‘(A) PROPOSED GUIDANCE.—Not later

19 than 90 days after the date of enactment of

20 this paragraph, the Administrator shall publish

21 proposed guidance pursuant to this subsection.

22 ‘‘(B) REVIEW.—The Administrator shall

23 provide the heads of interested Federal agen24 cies, States, and other interested persons an op-
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1 portunity to submit written comments on the

2 proposed guidance.

3 ‘‘(C) FINAL GUIDANCE.—Not later than

4 180 days after the date of enactment of this

5 paragraph, the Administrator shall publish final

6 guidance pursuant to this subsection.

7 ‘‘(7) DEFINITIONS.—As used in this subsection:

8 ‘‘(A) MANAGEMENT MEASURES.—The term

9 ‘management measures’ means economically

10 achievable measures for the control of pollution

11 from existing sources and new sources (as de12 fined in subsection (b)(8)) that reflect the

13 greatest degree of pollution reduction achievable

14 through the application of the best available

15 nonpoint pollution control practices, tech16 nologies, processes, siting criteria, operating

17 methods, or other alternatives.

18 ‘‘(B) PROGRAM IMPLEMENTATION CRI19 TERIA.—The term ‘program implementation

20 criteria’—

21 ‘‘(i) means specified characteristics of

22 a program that will result in the effective

23 and reliable implementation of manage24 ment measures and the maintenance of the
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1 management measures over the long term;

2 and

3 ‘‘(ii) includes appropriate State laws,

4 county or municipal ordinances, financial

5 assistance programs, and related enforce6 able authorities.’’.

7 (d) APPROVAL OR DISAPPROVAL OF MANAGEMENT

8 PROGRAMS.—Subsection (d) of section 319 (33 U.S.C.

9 1329(d)) is amended—

10 (1) in paragraph (1)—

11 (A) in the first sentence—

12 (i) by striking ‘‘report or’’ both places

13 it appears; and

14 (ii) by striking ‘‘, as the case may

15 be’’; and

16 (B) by striking the third sentence;

17 (2) in paragraph (2)—

18 (A) in subparagraph (A), by striking

19 ‘‘(b)(2)’’ and inserting ‘‘(b)’’;

20 (B) in subparagraph (C), by striking ‘‘suf21 ficiently expeditious’’ and inserting ‘‘consistent

22 with the schedules established in subsection

23 (b)’’; and

24 (C) in subparagraph (D), by inserting be25 fore ‘‘are not adequate to reduce the level of
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1 pollution in navigable waters’’ the following:

2 ‘‘are not consistent with the requirements of

3 subsection (b) for all new sources and for exist4 ing sources located in delineated areas for wa5 ters listed pursuant to subsection (a), or other6 wise’’; and

7 (3) by striking paragraph (3) and inserting the

8 following new paragraph:

9 ‘‘(3) GRANT ADJUSTMENT.—

10 ‘‘(A) IN GENERAL.—For fiscal year 1998,

11 and for each fiscal year thereafter—

12 ‘‘(i) no grant funds available to a

13 State under this section shall be awarded

14 to a State that does not have in effect a

15 management program that has been ap16 proved by the Administrator pursuant to

17 this subsection; and

18 ‘‘(ii) the Administrator shall reserve a

19 proportionate share of the funds made

20 available to States under this section for

21 any State that does not have in effect a

22 management program that has been ap23 proved by the Administrator pursuant to

24 this subsection.
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1 ‘‘(B) ALLOCATION OF RESERVED

2 FUNDS.—The Administrator shall first allocate

3 any amount reserved pursuant to subparagraph

4 (A)(ii), in such amounts as the Administrator

5 considers appropriate, among local management

6 programs in the State that have been approved

7 pursuant to subsection (e). The Administrator

8 shall make available any amounts that the Ad9 ministrator does not allocate in accordance with

10 the preceding sentence to States that have in

11 effect a program approved by the Administrator

12 pursuant to this subsection.’’.

13 (e) SITE-SPECIFIC WATER QUALITY PLANS.—Sub14 section (f) of section 319 is amended to read as follows:

15 ‘‘(f) SITE-SPECIFIC WATER QUALITY PLANS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) SOURCES.—Each State management

18 program that is approved by the Administrator

19 pursuant to subsection (d) shall provide that

20 sources of nonpoint pollution, including agricul21 tural sources, that are located in the delineated

22 area of a water listed pursuant to subsection

23 (a) may implement a site-specific water quality

24 plan in lieu of implementing the management

25 measures described in subsection (c).
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1 ‘‘(B) AGRICULTURAL SOURCES.—With re2 spect to agricultural sources that implement a

3 plan referred to in subparagraph (A), the Sec4 retary of Agriculture, acting through the Chief

5 of the Soil Conservation Service, in consultation

6 with the State Agricultural Experiment Sta7 tions and Cooperative Extension Services of the

8 land-grant universities, shall assist States in the

9 development and implementation of the plans to

10 the fullest extent practicable.

11 ‘‘(2) REQUIREMENTS FOR PLAN.—Each plan

12 developed pursuant to paragraph (1) shall—

13 ‘‘(A) provide for the implementation of

14 management measures that—

15 ‘‘(i) are appropriate to the site;

16 ‘‘(ii) are economically achievable by

17 the owner or operator of the source; and

18 ‘‘(iii) will result in a significant reduc19 tion in nonpoint pollution from the source;

20 ‘‘(B) recognize and incorporate appropriate

21 management measures in place at the site at

22 the time the plan is developed;

23 ‘‘(C) establish schedules for the implemen24 tation of management measures as expedi-
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1 tiously as practicable, but not later than 3

2 years after the date of initiation of the plan;

3 ‘‘(D) provide for a periodic assessment of

4 the implementation of the plan and the effect of

5 management measures; and

6 ‘‘(E) terminate on the date that is 5 years

7 after the date of initiation of the plan.

8 ‘‘(3) AGRICULTURAL PLANS.—To assist in the

9 development of site-specific water quality plans for

10 agricultural sources pursuant to this subsection,

11 each State with a management program that has

12 been approved by the Administrator pursuant to

13 subsection (d) shall develop, in consultation with the

14 State Agricultural Experiment Stations and Cooper15 ative Extension Services of the land-grant univer16 sities, a local handbook that is based on the local

17 field technical guides of the Soil Conservation Serv18 ice of the Department of Agriculture.

19 ‘‘(4) PLAN APPROVAL.—Each plan developed

20 pursuant to paragraph (1) shall be reviewed by an

21 appropriate official of the Federal or State agency

22 specified in the management program developed pur23 suant to subsection (b). If the plan meets the re24 quirements of paragraph (2), the official shall ap25 prove the plan.
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1 ‘‘(5) EFFECT OF EXISTING PLANS THAT PRO2 TECT WATER QUALITY.—

3 ‘‘(A) IN GENERAL.—An owner or operator

4 of a nonpoint source who, as of the date of en5 actment of this paragraph, is actively applying

6 or maintaining—

7 ‘‘(i) a plan developed pursuant to the

8 conservation compliance program estab9 lished under subtitle B of title XII of the

10 Food Security Act of 1985 (16 U.S.C.

11 3811 et seq.); or

12 ‘‘(ii) a plan developed pursuant to the

13 agricultural water quality protection pro14 gram established under chapter 2 of sub15 title D of title XII of the Food Security

16 Act of 1985 (16 U.S.C. 3838 et seq.),

17 shall be deemed to satisfy the requirements of

18 paragraph (1).

19 ‘‘(B) ADDITIONS TO EXISTING PLANS.—If

20 a predominant portion of the land area of an

21 owner or operator described in subparagraph

22 (A)—

23 ‘‘(i) is not covered by an applicable

24 plan referred to in such subparagraph; and
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1 ‘‘(ii) is contributing to the impairment

2 of a water listed pursuant to subsection

3 (a)(1),

4 the owner or operator shall develop a plan for

5 the land area pursuant to the requirements of

6 paragraph (2), unless the owner or operator is

7 complying with management measures consist8 ent with the guidance published pursuant to

9 subsection (c). After consulting with the Sec10 retary of Agriculture, the Administrator shall

11 issue guidelines for determining when an owner

12 or operator is required to develop a plan for a

13 land area pursuant to this subparagraph.

14 ‘‘(C) REVISED PLANS.—Beginning on the

15 date that is 7 years after the approval of a

16 State program first submitted after the date of

17 enactment of this subparagraph (or a Federal

18 program implemented pursuant to subsection

19 (b)(7)), only plans for sources in the State that

20 have been revised to be fully consistent with the

21 requirements of paragraph (2) shall be deemed

22 to satisfy the requirements of paragraph (1).’’.

23 (f) GRANT PROGRAMS.—Section 319(h) (33 U.S.C.

24 1329(h)) is amended—

25 (1) in the first sentence of paragraph (1)—
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1 (A) by striking ‘‘a report submitted under

2 subsection (a) and’’;

3 (B) by inserting ‘‘(A)’’ before ‘‘a manage4 ment program submitted under subsection (b)’’;

5 (C) by inserting ‘‘, or (B) a management

6 program submitted and approved under section

7 6217(b) of the Coastal Zone Act Reauthoriza8 tion Amendments of 1990 (16 U.S.C.

9 1455b(b))’’ after ‘‘this section’’; and

10 (D) by inserting ‘‘developing and’’ before

11 ‘‘implementing such management program’’;

12 (2) in paragraph (2), by striking ‘‘best manage13 ment practices and measures’’ and inserting ‘‘man14 agement measures’’;

15 (3) by striking paragraph (5) and inserting the

16 following new paragraph:

17 ‘‘(5) ALLOTMENT OF GRANT FUNDS.—

18 ‘‘(A) IN GENERAL.—The Administrator

19 shall establish a formula for the allocation of

20 sums made available by appropriations to carry

21 out this subsection pursuant to subsection (j).

22 ‘‘(B) FORMULA.—The formula developed

23 pursuant to subparagraph (A) shall reflect the

24 following factors that relate to nonpoint source

25 pollution in each State:
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1 ‘‘(i) Cropland acreage.

2 ‘‘(ii) Pasture and rangeland acreage.

3 ‘‘(iii) Acreage managed for timber

4 harvesting.

5 ‘‘(iv) Recreational and commercial

6 boating activity.

7 ‘‘(v) Acreage of wellhead protection

8 areas established pursuant to section 1428

9 of title XIV of the Public Health Service

10 Act (commonly known as the ‘Safe Drink11 ing Water Act’) (42 U.S.C. 300h–7).

12 ‘‘(vi) Stormwater discharges owned by

13 municipalities other than discharges sub14 ject to the requirements of section 402(p).

15 ‘‘(C) RECENT DATA.—In establishing the

16 formula pursuant to subparagraph (A), the Ad17 ministrator shall use the most recent available

18 data for the factors listed under subparagraph

19 (B).

20 ‘‘(D) PROPORTIONATE CONTRIBUTION.—

21 The formula shall assign a weight for each fac22 tor listed in subparagraph (B) in accordance

23 with the proportionate contribution of the fac24 tor to nonpoint source pollution.
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1 ‘‘(E) RESERVED AMOUNT.—Beginning

2 with fiscal year 1998, the Administrator shall

3 reserve 20 percent of the amount of funds made

4 available by appropriation to carry out this sub5 section pursuant to subsection (j). From the re6 served amount, the Administrator shall allocate

7 to each State an amount that bears the same

8 ratio to the total reserved amount as the

9 amount of acreage delineated by the State pur10 suant to subsection (a) bears to the total

11 amount of acreage delineated by all States pur12 suant to subsection (a).

13 ‘‘(F) MINIMUM PERCENTAGE.—The mini14 mum percentage of funds allocated to each of

15 the States pursuant to the formula developed

16 pursuant to subparagraph (A) shall be 0.5 per17 cent.’’;

18 (4) in the first sentence of paragraph (6), by

19 inserting before the period the following: ‘‘, and shall

20 remain available for the following fiscal year’’;

21 (5) by striking paragraph (7) and inserting the

22 following new paragraph:

23 ‘‘(7) LIMITATION ON USE OF FUNDS.—

24 ‘‘(A) IN GENERAL.—Each State may use

25 funds from a grant made pursuant to this sec-
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1 tion to provide financial assistance to a person

2 only for the purpose of complying with sub3 section (b) (including the implementation of a

4 site-specific water quality plan developed pursu5 ant to subsection (f)) and only to the extent

6 that the assistance is related to—

7 ‘‘(i) the cost of a demonstration

8 project;

9 ‘‘(ii) an incentive grant; or

10 ‘‘(iii) land acquisition or a conserva11 tion easement.

12 ‘‘(B) LIMITATION.—An incentive grant

13 may be made only if—

14 ‘‘(i) the amount of funding for a

15 project provided pursuant to this sub16 section does not exceed 50 percent of the

17 cost of the project;

18 ‘‘(ii) the amount of funding for a

19 project from all Federal sources does not

20 exceed 75 percent of the cost of the

21 project;

22 ‘‘(iii) the amount of the assistance to

23 any person does not exceed $10,000 per

24 year;
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1 ‘‘(iv) the State determines before

2 awarding the grant that the measure fund3 ed by the grant has a design life in excess

4 of 5 years; and

5 ‘‘(v) in making the grants available,

6 the State will give highest priority to per7 sons with the greatest financial need.

8 ‘‘(C) LIMITATIONS ON LAND ACQUISITION

9 AND CONSERVATION EASEMENT GRANTS.—

10 ‘‘(i) CONSISTENCY.—Land acquisition

11 or a conservation easement may be funded

12 under this paragraph only if the land ac13 quisition or conservation easement is con14 sistent with a site-specific water quality

15 plan developed pursuant to subsection (f)

16 or with applicable management measures

17 pursuant to subsection (b)(3)(A) or (c).

18 ‘‘(ii) LIMITATION.—The amount of

19 funds used by a State in any year from

20 grants authorized under this subsection for

21 incentive grants, land acquisition, or con22 servation easements shall not exceed an

23 amount equal to 70 percent of the total

24 amount of funds made available to the

25 State in that year under this subsection.
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1 ‘‘(D) INCENTIVE GRANT DEFINED.—As

2 used in this paragraph, the term ‘incentive

3 grant’ means a grant to an individual to imple4 ment either—

5 ‘‘(i) a site-specific water quality plan

6 developed pursuant to subsection (f); or

7 ‘‘(ii) applicable management meas8 ures.’’;

9 (6) in paragraph (12), by inserting ‘‘land acqui10 sition, conservation easement, and incentive grants,’’

11 after ‘‘demonstration projects,’’; and

12 (7) by adding at the end the following new

13 paragraph:

14 ‘‘(13) FAILURE TO IMPLEMENT.—If the Admin15 istrator determines that a State has substantially

16 failed to implement a program pursuant to this sec17 tion, the Administrator shall withhold not less than

18 25 percent, and not more than 50 percent, of the

19 funds that would otherwise have been available to

20 the State pursuant to this subsection. The amount

21 of funds withheld pursuant to this paragraph shall

22 be allocated in the same manner as funds allocated

23 pursuant to subsection (d)(3)(B).’’.

24 (g) GROUND WATER QUALITY GRANTS.—Section

25 319(i) (33 U.S.C. 1329(i)) is amended—
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1 (1) in paragraph (1)—

2 (A) by striking ‘‘for which a report submit3 ted under subsection (a) and a plan submitted

4 under subsection (b) is approved under this sec5 tion’’; and

6 (B) by striking ‘‘Administrator shall’’ and

7 inserting ‘‘Administrator may’’;

8 (2) in paragraph (3), by striking ‘‘, except that

9 the maximum amount of Federal assistance which

10 any State may receive under this subsection in any

11 fiscal year shall not exceed $150,000’’; and

12 (3) by striking paragraph (4).

13 (h) AUTHORIZATION OF APPROPRIATIONS.—Section

14 319(j) (33 U.S.C. 1329(j)) is amended by inserting after

15 the first sentence the following new sentence: ‘‘There are

16 authorized to be appropriated to carry out subsections (h)

17 and (i) an amount not to exceed $300,000,000 for fiscal

18 year 1995, $500,000,000 for each of fiscal years 1996

19 through 1998, and $600,000,000 for each of fiscal years

20 1999 and 2000. For each of fiscal years 1995 through

21 2000, not to exceed $15,000,000 of the amounts author22 ized by the preceding sentence shall be made available to

23 carry out subsection (i).’’.

24 (i) TECHNICAL INFORMATION AND ASSISTANCE.—

25 Section 319(l) (33 U.S.C. 1329(l)) is amended—
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1 (1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’;

2 (2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

3 (3) by striking ‘‘INFORMATION.—The Adminis4 trator’’ and inserting the following: ‘‘INFORMA5 TION.—

6 ‘‘(1) IN GENERAL.—The Administrator’’; and

7 (4) by adding at the end the following new

8 paragraph:

9 ‘‘(2) EDUCATION AND OUTREACH.—

10 ‘‘(A) IN GENERAL.—The Administrator

11 may provide grants to and enter into coopera12 tive agreements with public and nonprofit agen13 cies and organizations, and enter into contracts

14 with other persons, to provide technical assist15 ance, establish and maintain clearinghouses,

16 publish and circulate newsletters, publish and

17 disseminate educational materials, and sponsor

18 conferences and events for the owners or opera19 tors of sources of nonpoint water pollution to

20 further the goals and objectives of this Act.

21 ‘‘(B) MARINA PROGRAM.—The Adminis22 trator is authorized to make grants to the

23 CleanMarina Program to support the reduction

24 of pollution resulting from the operation of ma25 rina facilities and recreational boating activities.
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1 The International Marina Institute shall serve

2 as the executive of the CleanMarina Program

3 and may use grants under this paragraph to—

4 ‘‘(i) produce and publish a marina en5 vironmental compliance handbook;

6 ‘‘(ii) conduct a national marina water

7 quality survey;

8 ‘‘(iii) develop and maintain a water

9 quality information clearinghouse for ma10 rina owners and operators; and

11 ‘‘(iv) conduct a marina outreach pro12 gram sponsoring seminars and conferences

13 in all regions of the United States.

14 ‘‘(C) AUTHORIZATION OF APPROPRIA15 TIONS.—There are authorized to be appro16 priated to the Administrator to carry out this

17 paragraph $5,000,000 for each of fiscal years

18 1995 through 2000, of which not less than

19 $1,000,000 for each of fiscal years 1995

20 through 1997 shall be made available to sup21 port the CleanMarina Program.’’.

22 (j) FEDERAL LANDS AND HIGHWAYS.—Subsection

23 (m) of section 319 (33 U.S.C. 1329(m)) is amended to

24 read as follows:

25 ‘‘(m) FEDERAL LANDS AND HIGHWAYS.—
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1 ‘‘(1) FEDERAL LANDS AND ACTIVITIES.—

2 ‘‘(A) IN GENERAL.—The President shall

3 direct the heads of appropriate Federal agencies

4 that own or manage land, or issue licenses for

5 activities that cause nonpoint source pollution,

6 to promulgate regulations to ensure the imple7 mentation of management measures to control

8 nonpoint sources of water pollution, including,

9 at a minimum—

10 ‘‘(i) management measures identified

11 pursuant to subsection (c) for new sources;

12 and

13 ‘‘(ii) for existing sources located with14 in the delineated area of a water listed

15 under subsection (a), the implementation

16 of management measures identified pursu17 ant to subsection (c) or the implementation

18 of a site-specific water quality plan pursu19 ant to subsection (f).

20 ‘‘(B) SCHEDULES; EFFECTIVE DATE.—

21 ‘‘(i) SCHEDULES.—The schedule for

22 implementing management measures and

23 site-specific water quality plans pursuant

24 to subparagraph (A) shall be consistent

25 with any schedule established by the State
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1 under a State program approved pursuant

2 to subsection (d).

3 ‘‘(ii) EFFECTIVE DATE.—The require4 ments of this paragraph shall take effect

5 on a date specified by the President, but

6 not later than 3 years after the date of en7 actment of this paragraph.

8 ‘‘(C) APPROPRIATE MODIFICATION.—Any

9 license, permit, contract, special use permit,

10 lease, agreement, claim or related operational

11 authority between a Federal agency and a per12 son that authorizes activities on Federal lands

13 and is in effect on the date specified in sub14 paragraph (B)(ii), shall, if appropriate, be

15 modified to ensure the implementation of the

16 measures identified pursuant to subparagraph

17 (A) in conformance with the schedule referred

18 to in subparagraph (B).

19 ‘‘(D) STATUTORY CONSTRUCTION.—Noth20 ing in this paragraph is intended to limit or

21 constrain the authority of a State or the Ad22 ministrator to require the implementation of

23 such additional controls over nonpoint sources

24 of pollution on Federal lands as may be nec25 essary to attain and maintain standards adopt-
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1 ed pursuant to section 303 or other require2 ments of this Act.

3 ‘‘(2) HIGHWAY CONSTRUCTION.—

4 ‘‘(A) IN GENERAL.—The Administrator, in

5 cooperation with the Secretary of Transpor6 tation, shall develop measures and practices to

7 prevent water pollution resulting from highway

8 construction and use and promote the imple9 mentation of the measures and practices.

10 ‘‘(B) CERTAIN PROJECTS.—The guidelines

11 developed by the Secretary of Transportation

12 pursuant to section 1057 of the Intermodal

13 Surface Transportation Efficiency Act of 1991

14 (Public Law 102–240; 105 Stat. 2002) shall, at

15 a minimum, require the implementation of man16 agement measures specified under subsection

17 (c) in the case of any construction project fund18 ed in whole or in part under title I of such Act.

19 The Secretary shall withhold funds for any

20 project referred to in the preceding sentence

21 unless the Secretary determines that the project

22 will comply with the guidelines.’’.

23 (k) ANIMAL WASTE MANAGEMENT FACILITIES.—

24 Section 319 (33 U.S.C. 1329) is amended by adding at

25 the end the following new subsection:
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1 ‘‘(o) ANIMAL WASTE MANAGEMENT FACILITIES.—

2 ‘‘(1) IN GENERAL.—For the purposes of quali3 fying for financial assistance pursuant to section

4 603(c)(1), a person may submit to the Adminis5 trator (or in the case of a State with a program ap6 proved by the Administrator under subsection (d),

7 the State) a plan for the construction of an animal

8 waste management facility. Each plan submitted

9 pursuant to this paragraph shall—

10 ‘‘(A) be consistent with the guidelines de11 scribed in the agriculture waste management

12 field handbook developed by the Soil Conserva13 tion Service of the Department of Agriculture;

14 ‘‘(B) be designed to protect surface water

15 and ground water; and

16 ‘‘(C) include an estimate of the total cost

17 of construction of the facility.

18 ‘‘(2) REVIEW AND APPROVAL.—The Adminis19 trator (or in the case of a State with a program ap20 proved by the Administrator under subsection (d),

21 the State) shall review and approve or disapprove

22 each plan for the construction of an animal waste

23 management facility submitted pursuant to this sub24 section.
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1 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary

2 of Agriculture may provide technical assistance and

3 education to persons concerning the design of animal

4 waste management facilities. The assistance may in5 clude—

6 ‘‘(A) designing facilities to account for

7 site-specific conditions; and

8 ‘‘(B) integrating facilities into related agri9 cultural activities and other plans pursuant to

10 subsection (b).’’.

11 (l) SUBSURFACE SEWAGE DISPOSAL.—Section 319

12 (33 U.S.C. 1329), as amended by subsection (k), is fur13 ther amended by adding at the end the following new sub14 section:

15 ‘‘(p) SUBSURFACE SEWAGE DISPOSAL.—

16 ‘‘(1) IN GENERAL.—Not later than 2 years

17 after the date of enactment of this subsection, the

18 Administrator shall publish guidelines for the design,

19 operation, and management of publicly owned sub20 surface sewage organizations.

21 ‘‘(2) OPERATION AND MANAGEMENT STAND22 ARDS.—The guidelines published pursuant to this

23 subsection shall provide such standards of operation

24 and management as the Administrator determines to

25 be necessary to ensure that subsurface sewage dis-
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1 posal units operated by an organization referred to

2 in paragraph (1) will provide treatment adequate to

3 protect water quality.

4 ‘‘(3) CONTENTS OF GUIDELINES.—The guide5 lines published pursuant to this subsection may set

6 forth—

7 ‘‘(A) standards for the design and location

8 of new subsurface sewage disposal systems;

9 ‘‘(B) maintenance requirements and sched10 ules for existing systems (existing at the time of

11 publication of the guidelines);

12 ‘‘(C) financial management and control

13 practices;

14 ‘‘(D) provisions for the management or

15 disposal of waste material for systems; and

16 ‘‘(E) such other matters as the Adminis17 trator determines to be appropriate.

18 ‘‘(4) PLAN APPROVAL.—The Administrator (or

19 in the case of a State with a program approved by

20 the Administrator under subsection (d), the State)

21 shall review and approve or disapprove each plan for

22 the establishment of a subsurface sewage disposal

23 organization pursuant to this subsection. Upon ap24 proval of the plan, the organization shall be eligible

25 for assistance under title VI.’’.
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1 (m) STATE WATER LAW.—Section 319 (33 U.S.C.

2 1329), as amended by subsection (l), is further amended

3 by adding at the end the following new subsection:

4 ‘‘(q) STATE WATER LAW.—Nothing in this section

5 is intended to supersede, abrogate, or otherwise impair the

6 right of any State to allocate any quantity of water in the

7 State.’’.

8 SEC. 303. COMPREHENSIVE WATERSHED PLANNING AND

9 MANAGEMENT.

10 (a) STATEMENT OF CONGRESSIONAL POLICY.—Sec11 tion 101 (33 U.S.C. 1251) is amended—

12 (1) in subsection (a)(2), by inserting ‘‘a bal13 anced, indigenous population of’’ after ‘‘propagation

14 of’’; and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(h) WATER QUALITY.—It is the policy of Congress

18 to encourage the development and implementation of com19 prehensive watershed management to maintain and en20 hance water quality, and to further the purposes of this

21 Act by—

22 ‘‘(1) applying limited resources to the most im23 portant water quality problems;

24 ‘‘(2) increasing public participation in selecting

25 measures to maintain and enhance water quality;
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1 ‘‘(3) coordinating the water quality programs of

2 this Act with other programs to restore and protect

3 natural resources; and

4 ‘‘(4) identifying for specific watersheds long5 term social, economic, and natural resource objec6 tives and the water quality necessary to support

7 those objectives.’’.

8 (b) COMPREHENSIVE WATERSHED MANAGEMENT.—

9 Title III (33 U.S.C. 1311 et seq.) is amended by adding

10 at the end the following new section:

11 ‘‘COMPREHENSIVE WATERSHED MANAGEMENT

12 ‘‘SEC. 321. (a) DESIGNATION OF WATERSHEDS.—

13 ‘‘(1) IN GENERAL.—The Governor of a State

14 may at any time designate waters (including ground

15 waters) and associated land areas in the State as a

16 watershed management unit, including urban water17 sheds. To the extent practicable, the boundaries of

18 each watershed management unit shall be consistent

19 with accounting units identified by the United States

20 Geological Survey of the Department of the Interior.

21 ‘‘(2) REQUIREMENTS FOR DESIGNATION.—Each

22 designation under paragraph (1) shall—

23 ‘‘(A) identify the waters in the watershed

24 management unit that fail to meet water or

25 sediment quality standards at the time of the

26 designation;
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1 ‘‘(B) identify outstanding national resource

2 waters (as described in section 303(b)(3)(B))

3 and sensitive aquatic habitat areas in the wa4 tershed management unit; and

5 ‘‘(C) include, to the extent practicable, the

6 land area occupied by all sources of pollution

7 that are causing, or contributing to, an impair8 ment identified pursuant to subparagraph (A).

9 ‘‘(3) MULTISTATE UNITS.—A watershed man10 agement unit established under this subsection may

11 include waters and associated land areas in more

12 than 1 State if the Governors of the affected States

13 jointly designate the watershed management unit.

14 ‘‘(b) PLANNING ACTIVITIES.—

15 ‘‘(1) PLANNING ENTITIES.—

16 ‘‘(A) IN GENERAL.—The Governor of a

17 State shall assign the responsibility to develop

18 a plan for each watershed management unit

19 designated under this section to an agency of

20 the State government, a local government agen21 cy, a substate or interstate regional planning

22 organization, a conservation district or other

23 natural resource management district, or any

24 other public or nonprofit entity that has the ca25 pacity to serve as a watershed management
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1 planning entity to carry out the planning func2 tions set forth in the guidance issued under

3 paragraph (2).

4 ‘‘(B) PUBLIC PARTICIPATION.—Each State

5 shall establish procedures, including the estab6 lishment of technical and citizen’s advisory

7 committees, to encourage public participation in

8 developing comprehensive watershed manage9 ment plans pursuant to this section.

10 ‘‘(2) GUIDANCE.—Not later than 1 year after

11 the date of enactment of this section, the Adminis12 trator shall issue guidance for comprehensive water13 shed management and planning under this section.

14 The guidance shall specify minimum requirements

15 for watershed designation, legal authorities, financial

16 resources, public participation, and other elements

17 that are necessary for the approval of a watershed

18 management plan pursuant to subsection (c)(4).

19 ‘‘(3) APPROVAL OF MANAGEMENT UNITS AND

20 PLANNING ENTITIES.—The Governor of a State may

21 submit any designation of a watershed management

22 unit under subsection (a), and the authorities and

23 planning procedures adopted for the planning entity

24 for the unit designated under paragraph (1), to the

25 Administrator for approval. If the Administrator de-
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1 termines that the designation of the watershed man2 agement unit and the authorities and planning pro3 cedures of the planning entity are consistent with

4 the guidance published under paragraph (2), the Ad5 ministrator shall approve the designation, authori6 ties, and planning procedures and the planning en7 tity shall be eligible for assistance under paragraph

8 (4). Not later than 60 days after the date on which

9 the Governor of a State submits the designation, au10 thorities, and procedures referred to in the first sen11 tence of this paragraph to the Administrator, the

12 Administrator shall approve or disapprove the sub13 mission. If the Administrator disapproves the sub14 mission, the Administrator shall notify the State in

15 writing of the reasons for the disapproval. The State

16 may resubmit to the Administrator amended des17 ignation, authorities, and planning procedures that

18 address the objections of the Administrator that

19 were the basis for the disapproval.

20 ‘‘(4) ASSISTANCE.—

21 ‘‘(A) USE OF OTHER FUNDS MADE AVAIL22 ABLE UNDER THIS ACT.—Planning activities

23 carried out by an entity approved pursuant to

24 paragraph (3) may be supported with funds
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1 made available pursuant to section 106(h),

2 205(j), 319(e), 320, or 604(b).

3 ‘‘(B) ASSISTANCE FOR MULTISTATE PLAN4 NING.—The Administrator shall assist States,

5 and other agencies and organizations that have

6 an interest in comprehensive watershed plan7 ning for management units with land area in

8 more than 1 State, to facilitate the activities

9 necessary to designate a unit and convene a

10 planning entity prior to the time that respon11 sibilities are assigned to a planning entity by

12 the Governors of the States. There are author13 ized to be appropriated to the Administrator

14 such sums as are necessary to make grants and

15 provide technical assistance to carry out this

16 subparagraph.

17 ‘‘(5) INTERAGENCY COMMITTEE.—There is es18 tablished an interagency committee to support com19 prehensive watershed management and planning,

20 and coordinate policies and programs related to wa21 tershed management and planning. The President

22 shall appoint the members of the interagency com23 mittee. The members shall include a representative

24 from each Federal agency that carries out programs

25 and activities that have a significant impact on
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1 water quality or any other natural resource value

2 that may be appropriately addressed through com3 prehensive watershed management.

4 ‘‘(c) COMPREHENSIVE WATERSHED MANAGEMENT

5 PLANS.—

6 ‘‘(1) IN GENERAL.—The Governor of a State

7 may submit to the Administrator for approval a

8 comprehensive watershed management plan devel9 oped pursuant to this section.

10 ‘‘(2) ELEMENTS OF WATERSHED MANAGEMENT

11 PLANS.—A watershed management plan developed

12 pursuant to this section should include—

13 ‘‘(A) a characterization of—

14 ‘‘(i) the waters of the watershed man15 agement unit;

16 ‘‘(ii) the existing, designated, and po17 tential uses of the waters;

18 ‘‘(iii) the living resources supported by

19 the waters; and

20 ‘‘(iv) other natural, social, and eco21 nomic values that may be affected by water

22 quality within the watershed;

23 ‘‘(B) an identification of problems relating

24 to water quality within the watershed (including

25 impairments or threats to the existing, des-
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1 ignated, and potential uses of waters in the wa2 tershed, pollutants of concern, and any source

3 of pollutants that causes impairments or

4 threats), taking into account naturally occur5 ring background sources;

6 ‘‘(C) the selection of short-term and long7 term goals for watershed management (includ8 ing the maintenance or restoration of water

9 quality and sediment quality, and the conserva10 tion and protection of aquatic and wildlife habi11 tat and living resources supported by the waters

12 of the watershed);

13 ‘‘(D) the selection of measures and prac14 tices to meet the goals referred to in subpara15 graph (C) (including the design of remedial ac16 tions necessary to restore uses);

17 ‘‘(E) the identification and coordination of

18 projects and activities to restore water quality

19 and aquatic habitat within the watershed (in20 cluding Federal, State, local, and other finan21 cial resources needed to support the projects

22 and activities);

23 ‘‘(F) the identification of appropriate Fed24 eral, State, local, and other institutional ar25 rangements to carry out the plan; and
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1 ‘‘(G) an implementation schedule that

2 identifies priorities for action and annual mile3 stones for a 5-year planning period.

4 ‘‘(3) REQUIREMENTS FOR PLAN APPROVAL.—

5 ‘‘(A) IN GENERAL.—A watershed manage6 ment plan developed under this section shall in7 clude the elements specified in subparagraphs

8 (B) through (D).

9 ‘‘(B) CONTENTS OF PLAN.—Except as pro10 vided in subparagraph (C), if the watershed in11 cludes waters that are not meeting water or

12 sediment quality standards at the time of sub13 mission of the plan, the plan shall—

14 ‘‘(i) identify each pollutant and source

15 causing the impairment;

16 ‘‘(ii) demonstrate that the standards

17 will be attained as expeditiously as prac18 ticable, but not later than 10 years after

19 the date of submission of the plan; and

20 ‘‘(iii) include periodic determinations

21 to ensure that reasonable further progress

22 within the economic capability of the

23 sources within the watershed will be made

24 toward attaining the standards.
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1 ‘‘(C) POINT SOURCE CONTROLS.—If the

2 pollutant load of a water that is subject to a

3 watershed management plan under this sub4 section is attributable entirely or substantially

5 to point sources, the plan shall demonstrate

6 that, with respect to the water—

7 ‘‘(i) water and sediment quality stand8 ards will be attained not later than 5 years

9 after the date of enactment of this section;

10 and

11 ‘‘(ii) periodic determinations will be

12 made to determine that reasonable further

13 progress within the economic capability of

14 the sources within the watershed during

15 the period specified in clause (i) will be

16 made.

17 ‘‘(D) MAINTENANCE OF WATER AND SEDI18 MENT QUALITY STANDARDS.—With respect to

19 any water in the watershed that is the subject

20 of the watershed management plan that has at21 tained water and sediment quality standards at

22 the time of the submission of the plan, the plan

23 shall identify the projects and activities nec24 essary to maintain the water and sediment

25 quality standards.
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1 ‘‘(E) CONSISTENCY.—The Governor shall

2 establish a procedure to ensure that a facility

3 located in more than one watershed in a State

4 is not subject to inconsistent requirements

5 under this section.

6 ‘‘(4) PLAN APPROVAL.—

7 ‘‘(A) IN GENERAL.—The Administrator

8 shall, after notice and opportunity for public

9 comment, approve a comprehensive watershed

10 management plan that meets the requirements

11 of this section. The approval of a comprehensive

12 watershed management plan shall constitute

13 final agency action for the purposes of section

14 509.

15 ‘‘(B) PRIOR APPROVAL NOT REQUIRED.—

16 The Governor of a State may submit a water17 shed management plan to the Administrator for

18 approval under this subsection without seeking

19 prior approval under subsection (b)(3) of the

20 related designation, authorities, and procedures

21 described in subsection (b)(3).

22 ‘‘(C) APPROVAL OF CERTAIN PLANS.—Any

23 watershed management plan that has been ap24 proved by the Administrator pursuant to sec25 tion 320(f), and any plan developed pursuant to
185

•S 2093 PCS

1 section 525 of the Water Quality Act of 1987

2 (33 U.S.C. 1375 note), shall be considered to

3 have been approved by the Administrator for

4 the purposes of this section.

5 ‘‘(D) DISAPPROVAL OF PLAN.—If the Ad6 ministrator disapproves a watershed manage7 ment plan submitted pursuant to this section,

8 the Administrator shall notify the Governor of

9 the State in writing of the reasons for the dis10 approval. The Governor of the State may resub11 mit to the Administrator an amended plan that

12 addresses the objections of the Administrator.

13 ‘‘(E) DELEGATION OF AUTHORITY.—

14 ‘‘(i) IN GENERAL.—The Administrator

15 may delegate to a State the authority to

16 approve watershed plans developed by local

17 governmental agencies, substate and inter18 state agencies, local conservation or natu19 ral resource districts, or other municipal or

20 nonprofit entities under this section, if—

21 ‘‘(I) the State submits a program

22 to the Administrator that is in compli23 ance with the guidance issued under

24 subsection (b)(2) and ensures that

25 each plan approved by the State will
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1 be subject to conditions no less strin2 gent than those applicable to a plan

3 approved under paragraph (1);

4 ‘‘(II) the State program provides

5 adequate financial and information re6 sources for the planning entities, in7 cluding pass-through of planning

8 funds available under this Act, for the

9 development of plans and oversight of

10 plan implementation; and

11 ‘‘(III) the Administrator periodi12 cally reviews State decisions with re13 spect to specific watershed plans to

14 determine whether the plans comply

15 with the requirements of this section

16 and the guidance issued by the Ad17 ministrator.

18 ‘‘(ii) REVOCATION.—If at any time

19 after delegating authority to a State pur20 suant to clause (i), the Administrator de21 termines that a State is not meeting the

22 requirements of this section or the guid23 ance issued by the Administrator, the Ad24 ministrator shall withdraw approval of the

25 State program.
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1 ‘‘(iii) DISAPPROVAL.—If any plan pro2 posed for approval by a State contains pro3 visions that are determined by the Admin4 istrator as not in compliance with this Act,

5 including the requirement that the plan

6 demonstrate progress toward and attain7 ment of water quality standards within the

8 period specified in subsection (c)(3)(B),

9 the Administrator shall object to State ap10 proval of the plan. The State shall respond

11 in writing to the objection of the Adminis12 trator indicating the modifications that will

13 be made in the plan to remove the objec14 tion. The State shall not approve a pro15 posed plan until the objections of the Ad16 ministrator have been resolved.

17 ‘‘(iv) PETITION.—If the Administrator

18 does not object to the approval of a plan,

19 any person may petition the Administrator

20 to take such action, and the Administrator

21 shall respond to the petition within 90

22 days of receipt. The State shall not ap23 prove the plan during the 90-day period.

24 The petition shall be based on comments
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1 made by the petitioner during public re2 view of the plan by the State.

3 ‘‘(v) ELIGIBILITY.—For purposes of

4 section 604(a)(3), a plan ‘approved by the

5 Administrator’ includes a plan approved by

6 a State that has a program approved by

7 the Administrator under this subpara8 graph.

9 ‘‘(vi) EXCEPTION.—Paragraphs (3)

10 and (5) of subsection (d) shall only apply

11 to plans that have been approved by the

12 Administrator pursuant to paragraph (1).

13 ‘‘(5) PLAN TERM.—The approval by the Admin14 istrator of a plan shall be in effect for a period of

15 not to exceed 5 years. A revised and updated plan

16 may be submitted prior to the expiration of the 5-

17 year period if the revised plan meets the same condi18 tions and requirements that apply to the initial plan.

19 ‘‘(d) INCENTIVES FOR WATERSHED PLANNING.—

20 ‘‘(1) ACTIVITIES OF FEDERAL AGENCIES.—

21 ‘‘(A) IN GENERAL.—Each activity carried

22 out by a Federal agency that affects water

23 quality within a watershed management unit for

24 which a watershed management plan has been

25 approved by the Administrator under subsection
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•S 2093 PCS

1 (c)(4) shall be carried out, to the maximum ex2 tent practicable, in a manner that is consistent

3 with the plan.

4 ‘‘(B) EXCEPTION.—Notwithstanding sub5 paragraph (A), the President may exempt an

6 activity of a Federal agency from the require7 ments of a watershed management plan that

8 has been approved by the Administrator under

9 subsection (c)(4) if the President determines

10 that the activity is in the paramount interest of

11 the United States and cannot be conducted in

12 a manner consistent with the plan.

13 ‘‘(2) ELIGIBILITY OF PROJECTS AND ACTIVI14 TIES.—The projects and activities identified in a wa15 tershed management plan that has been approved by

16 the Administrator under subsection (c)(4) as nec17 essary for the attainment and maintenance of water

18 and sediment quality standards applicable to the wa19 ters in the watershed management unit shall—

20 ‘‘(A) be included in any needs assessment

21 conducted pursuant to section 516; and

22 ‘‘(B) be eligible to receive funding pursu23 ant to section 603(c)(1)(G).

24 ‘‘(3) WATER QUALITY LIMITED PERMITS.—
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1 ‘‘(A) IN GENERAL.—Notwithstanding sec2 tion 301(b)(1)(C), and subject to section

3 402(o), the Administrator (or a State) may

4 issue to a source a permit that includes a limi5 tation for a pollutant to be discharged by the

6 source to a specified portion of a navigable

7 water that does not ensure the attainment and

8 maintenance of water quality standards (alone,

9 or in combination with the limitations issued

10 for the point sources discharging to the water)

11 if—

12 ‘‘(i) the water is part of a watershed

13 management unit with respect to which the

14 Administrator has approved a plan under

15 subsection (c)(4); and

16 ‘‘(ii) the plan includes enforceable re17 quirements that have been imposed under

18 the laws of the State or a political subdivi19 sion of the State for nonpoint source pollu20 tion management measures that, in com21 bination with the limitations established

22 for point sources, provide for the attain23 ment and maintenance of water and sedi24 ment quality standards (including des-
191

•S 2093 PCS

1 ignated uses) for the waters prior to the

2 date of expiration of the plan.

3 ‘‘(B) GUIDANCE.—Not later than 1 year

4 after the date of enactment of this section, the

5 Administrator shall issue guidance to carry out

6 this paragraph. The guidance may limit the ex7 emption authorized under subparagraph (A) to

8 specific pollutants or sources.

9 ‘‘(4) EXTENSION OF TERM.—Notwithstanding

10 section 402(b)(1)(B), the Administrator or a State

11 is authorized to grant an extension of the term of

12 any permit in effect on the date of enactment of this

13 section issued pursuant to section 402 for a period

14 that shall terminate not later than 4 years after the

15 date of enactment of this section if—

16 ‘‘(A) the permit is issued for any source

17 that is located in an area—

18 ‘‘(i) that is designated as a watershed

19 management unit under subsection (a);

20 and

21 ‘‘(ii) with respect to which the Gov22 ernor of the State indicates to the Admin23 istrator in writing, prior to the expiration

24 date of the permit (as in effect on the date

25 of enactment of this section), an intention
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•S 2093 PCS

1 to prepare and submit a watershed man2 agement plan for approval under this sec3 tion; and

4 ‘‘(B) the State timely completes interim

5 milestones to develop and submit a comprehen6 sive watershed plan for the area on a schedule

7 established by agreement with the Adminis8 trator.

9 ‘‘(5) NONPOINT POLLUTION MANAGEMENT

10 MEASURES.—Notwithstanding section

11 319(b)(2)(B)(ii), a watershed management plan ap12 proved under subsection (c)(4) may—

13 ‘‘(A) identify particular existing sources of

14 nonpoint pollution that, although located in the

15 delineated area of a water listed pursuant to

16 section 319(a), do not need to implement man17 agement measures or other controls under sec18 tion 319 to reasonably anticipate that the water

19 will attain and maintain water and sediment

20 quality standards; and

21 ‘‘(B) provide that sources described in sub22 paragraph (A) shall not be required to imple23 ment management measures or a site-specific

24 plan as provided in section 319(b)(2)(B)(ii), ex25 cept that all steps necessary to ensure timely
193

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1 compliance by the sources with the requirement

2 shall be taken until the Administrator approves

3 a comprehensive watershed plan under this

4 section.

5 ‘‘(e) STATE WATER LAW.—Nothing in this section

6 is intended to amend, supersede, or abrogate any right to

7 a quantity of water that has been established by any inter8 state water compact, Supreme Court decree, or State

9 water law.’’.

10 TITLE IV—MUNICIPAL

11 POLLUTION CONTROL

12 SEC. 401. COMBINED SEWER OVERFLOWS.

13 Section 402 (33 U.S.C. 1342) is amended by adding

14 at the end the following new subsection:

15 ‘‘(q) COMBINED SEWER OVERFLOWS.—

16 ‘‘(1) REQUIREMENT FOR PERMITS.—Each per17 mit issued pursuant to this section for a discharge

18 from a combined storm and sanitary sewer shall con19 form with the combined sewer overflow control policy

20 published by the Administrator at 58 Fed. Reg.

21 4994 (January 19, 1993).

22 ‘‘(2) TERM OF PERMIT.—Notwithstanding any

23 compliance schedule under section 301(b), or any

24 permit limitation under section 402(b)(1)(B), the

25 Administrator (or a State with a program approved
194

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1 under subsection (b)) may issue a permit pursuant

2 to this section for a discharge from a combined

3 storm and sanitary sewer, that includes a schedule

4 for compliance with a long-term control plan under

5 the control policy referred to in paragraph (1), for

6 a term not to exceed 15 years. Notwithstanding the

7 compliance deadline specified in the preceding sen8 tence, the Administrator (or a State with a program

9 approved under subsection (b)) may, on request of

10 an owner or operator of a combined storm and sani11 tary sewer, extend the period of compliance beyond

12 the date specified if the Administrator (or the State)

13 determines that compliance by the date is not within

14 the economic capability of the owner or operator, or

15 if the Administrator (or the State) determines that

16 an extension is otherwise appropriate.

17 ‘‘(3) BACTERIA CRITERIA.—

18 ‘‘(A) IN GENERAL.—Before a permit is is19 sued for a combined storm and sanitary sewer

20 in a State with overflows from such sewers, but

21 not later than 3 years after the date of enact22 ment of this subsection, the State shall—

23 ‘‘(i) review numeric water quality cri24 teria of the water quality standards of the

25 State for pathogens or indicators of patho-
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•S 2093 PCS

1 gens (or both), and, if necessary to ensure

2 the protection of designated and existing

3 uses of waters of the State, adopt revised

4 water quality standards that include re5 vised water quality criteria; and

6 ‘‘(ii) on completion of the review and

7 any necessary revision, submit the water

8 quality standards of the State referred to

9 in clause (i) to the Administrator for

10 approval.

11 ‘‘(B) FAILURE TO REVIEW.—If a State

12 fails to carry out the requirements of subpara13 graph (A)(i) or the Administrator disapproves

14 the revised water quality standards submitted

15 to the Administrator pursuant to subparagraph

16 (A)(ii), to ensure the protection of the des17 ignated and existing uses of waters of the

18 State, the most recent water quality criteria for

19 bacteria published by the Administrator pursu20 ant to section 304(a) shall be applied and en21 forced as the applicable water quality criteria

22 for the purposes of each permit issued under

23 this subsection until such time as the State

24 adopts, and the Administrator approves, revised
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1 water quality standards containing revised

2 water quality criteria for bacteria.’’.

3 SEC. 402. STORMWATER MANAGEMENT.

4 Section 402(p) (33 U.S.C. 1342(p)) is amended—

5 (1) by striking paragraph (1);

6 (2) by redesignating paragraph (2) as para7 graph (1);

8 (3) in paragraph (1) (as so redesignated)—

9 (A) by striking the matter preceding sub10 paragraph (A) and inserting the following:

11 ‘‘(1) IN GENERAL.—The requirements of para12 graph (4) for applications and the issuance of per13 mits for stormwater discharges shall apply to:’’;

14 (B) in subparagraph (B), by inserting ‘‘or

15 commercial’’ after ‘‘industrial’’;

16 (C) by striking ‘‘separate’’ each place it

17 appears in subparagraph (C) and (D);

18 (D) by redesignating subparagraph (E) as

19 subparagraph (F); and

20 (E) by inserting after subparagraph (D)

21 the following new subparagraph:

22 ‘‘(E) A discharge from a municipal storm

23 sewer system serving a population of fewer than

24 100,000 individuals that is located in an urban25 ized area (as designated by the Bureau of the
197

•S 2093 PCS

1 Census of the Department of Commerce) in

2 which a stormwater discharge covered by a per3 mit issued under subparagraph (C) or (D) is

4 also located.’’;

5 (4) by inserting after paragraph (1) (as so re6 designated) the following new paragraph:

7 ‘‘(2) OTHER MUNICIPAL STORMWATER DIS8 CHARGES.—

9 ‘‘(A) EXEMPTION FROM PERMIT REQUIRE10 MENTS.—Notwithstanding section 301 or any

11 other provision of this section, a source of dis12 charges composed entirely of stormwater from

13 municipal storm sewer systems, other than the

14 discharges described in paragraph (1), is not

15 required to obtain a permit for the discharges

16 under this Act.

17 ‘‘(B) COMBINED STORMWATER DIS18 CHARGES.—A permit for a source of discharges

19 composed of combined stormwater and domestic

20 or industrial wastewater from municipal storm

21 sewer systems shall be issued pursuant to sub22 section (q) and not this subsection. Require23 ments for the control of pollutants in

24 stormwater that would apply to the discharges

25 in a permit issued under this subsection shall
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1 be applicable to the stormwater discharged pur2 suant to a permit issued under subsection (q).’’;

3 (5) in paragraph (3)—

4 (A) in subparagraph (A)—

5 (i) by inserting ‘‘AND COMMERCIAL’’

6 after ‘‘INDUSTRIAL’’; and

7 (ii) by inserting ‘‘and commercial’’

8 after ‘‘industrial’’;

9 (B) in subparagraph (B)—

10 (i) by striking ‘‘and’’ at the end of

11 clause (ii);

12 (ii) by striking the period at the end

13 of clause (iii) and inserting ‘‘; and’’; and

14 (iii) by adding at the end the follow15 ing new clause:

16 ‘‘(iv) shall include monitoring and re17 porting requirements that, at minimum,

18 provide for—

19 ‘‘(I) representative monitoring

20 for the quality of receiving waters;

21 and

22 ‘‘(II) reporting for the implemen23 tation of management measures.’’;

24 and
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1 (C) by adding at the end the following new

2 subparagraphs:

3 ‘‘(C) MAXIMUM EXTENT PRACTICABLE.—

4 ‘‘(i) MAXIMUM EXTENT PRACTICABLE

5 DEFINED.—As used in subparagraph

6 (B)(iii) (and with respect to permits issued

7 after the date that is 2 years after the date

8 of enactment of this subparagraph), the

9 term ‘maximum extent practicable’ means

10 applying management measures, as defined

11 in section 6217(g)(5) of the Coastal Zone

12 Act Reauthorization Amendments of 1990

13 (16 U.S.C. l455b(g)(5)), for municipal

14 stormwater discharges that, in the judg15 ment of the Administrator (or a State au16 thorized to issue a permit under this sec17 tion), will attain and maintain water qual18 ity standards.

19 ‘‘(ii) GUIDANCE.—Not later than 2

20 years after the date of enactment of this

21 subparagraph, the Administrator, after

22 consultation with persons with expertise in

23 the management of stormwater (including

24 officials of local governments and rep-
200

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1 resentatives of public interest groups),

2 shall—

3 ‘‘(I) establish requirements for

4 specific management measures for

5 municipal stormwater discharges

6 based on the guidance issued under

7 section 6217 of the Coastal Zone Act

8 Reauthorization Amendments of 1990

9 (16 U.S.C. 1445b) to define ‘maxi10 mum extent practicable’ for the pur11 poses of this section; and

12 ‘‘(II) if practicable, include in the

13 requirements minimum and objective

14 performance standards for each of the

15 management measures.

16 ‘‘(D) NUMERIC EFFLUENT LIMITATIONS.—

17 Notwithstanding section 301 and this section,

18 during the 10-year period beginning on the date

19 of enactment of this subparagraph, a permit is20 sued pursuant to this subsection for discharges

21 from municipal storm sewers composed entirely

22 of stormwater shall not require compliance with

23 numeric effluent limitations and water quality

24 standards shall not be applied as effluent

25 limitations.
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•S 2093 PCS

1 ‘‘(E) MUNICIPALLY OWNED AND COMMER2 CIAL DISCHARGES.—The Administrator (or a

3 State with a program approved under sub4 section (b)) may issue a consolidated permit for

5 discharges from a storm sewer system owned by

6 a municipality and the stormwater discharges

7 from industrial or commercial sources owned by

8 the same municipality.’’;

9 (6) in paragraph (4)—

10 (A) by striking ‘‘(2)’’ each place it appears

11 and inserting ‘‘(1)’’;

12 (B) in subparagraph (B)—

13 (i) by striking ‘‘(B) OTHER MUNICI14 PAL DISCHARGES.—Not later than’’ and

15 inserting the following:

16 ‘‘(B) OTHER MUNICIPAL DISCHARGES.—

17 ‘‘(i) IN GENERAL.—Not later than’’;

18 and

19 (ii) by adding at the end the following

20 new clauses:

21 ‘‘(ii) DEADLINE FOR SUBMISSION OF

22 APPLICATION.—Applications for permits

23 for discharges from municipal storm sys24 tems that were not required to apply for a

25 permit before the date of enactment of this
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1 clause because the systems are combined

2 storm and sanitary systems shall be filed

3 not later than 4 years after the date of en4 actment of this clause.

5 ‘‘(iii) EFFECTIVE DATE.—The re6 quirement for a permit under section 301

7 and this section shall apply to discharges

8 from municipal storm systems described in

9 paragraph (1)(E) beginning on the date of

10 the first reissuance of a permit for a dis11 charge described in subparagraph (C) or

12 (D) of paragraph (1) that is located in the

13 same urbanized area and that occurs after

14 the date that is 3 years after the date of

15 enactment of this clause.’’; and

16 (C) by adding at the end the following new

17 subparagraphs:

18 ‘‘(C) COMMERCIAL AND LIGHT INDUSTRIAL

19 DISCHARGES.—

20 ‘‘(i) IN GENERAL.—Except as pro21 vided in clause (ii), the Administrator

22 shall, after notice and opportunity for pub23 lic comment, establish permit application

24 and other requirements for stormwater dis25 charges from commercial and light indus-
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1 trial sources and ensure that permits

2 under this section for all sources are issued

3 as expeditiously as practicable, but no later

4 than 8 years after the date of enactment

5 of this subparagraph.

6 ‘‘(ii) EXCEPTIONS.—This subpara7 graph shall not apply to discharges from

8 sources that—

9 ‘‘(I) were required to submit ap10 plications for a permit by the rule

11 published by the Administrator at 55

12 Fed. Reg. 47990 (November 16,

13 1990);

14 ‘‘(II) are in a source or a class

15 for which an exemption to the permit

16 requirements of this section and sec17 tion 301 is granted before the date

18 that is 8 years after the date of enact19 ment of this subparagraph, pursuant

20 to paragraph (5); or

21 ‘‘(III) are owned or operated by

22 a municipality and are subject to a

23 consolidated permit as authorized by

24 paragraph by (3)(E).
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1 ‘‘(D) MUNICIPAL STORMWATER DIS2 CHARGES TO IMPAIRED WATERS.—

3 ‘‘(i) IN GENERAL.—Not later than 3

4 years after the date of enactment of this

5 subparagraph, the Administrator shall,

6 after notice and opportunity for public

7 comment, publish a list that includes each

8 municipal storm sewer system (other than

9 a system described in subparagraph (C),

10 (D), (E), or (F) of paragraph (1)), the dis11 charge from which is the sole or principal

12 cause for the failure of receiving waters

13 affected by the discharge to achieve a

14 designated use or other water quality

15 standard.

16 ‘‘(ii) REQUIREMENTS FOR LISTED MU17 NICIPAL STORM SEWER SYSTEMS.—Each

18 municipal storm sewer system listed by the

19 Administrator pursuant to clause (i) shall

20 be required to obtain a permit pursuant to

21 this section for discharges from the storm

22 system, and shall submit an application for

23 a permit not later than 3 years after the

24 date on which the list referred to in clause
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1 (i) is published, unless, prior to such date,

2 the Administrator determines that—

3 ‘‘(I) management measures have

4 been implemented that will correct the

5 water quality impairments caused by

6 the discharge: or

7 ‘‘(II) the sources of pollutants in

8 the discharge that are causing the

9 water quality impairment are not sub10 ject to control under the legal authori11 ties available to the local government

12 that has jurisdiction over the area

13 served by the municipal storm sewer

14 system.

15 ‘‘(iii) STATUTORY CONSTRUCTION;

16 MONITORING DATA.—Nothing in this sub17 paragraph is intended to be interpreted,

18 construed, or applied to authorize the Ad19 ministrator to impose monitoring require20 ments on municipal storm sewer systems

21 to determine whether the municipal storm

22 systems should be listed pursuant to clause

23 (i). The Administrator may consider mon24 itoring data submitted by citizens’ mon-
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1 itoring groups in preparing the list re2 ferred to in clause (i).

3 ‘‘(iv) REVISION OF LIST.—Not later

4 than 5 years after the date on which the

5 Administrator publishes the list referred to

6 in clause (i), and not less frequently than

7 every 5 years thereafter, the Administrator

8 shall publish a revised list.’’; and

9 (7) by striking paragraphs (5) and (6) and in10 serting the following new paragraph:

11 ‘‘(5) COMMERCIAL AND LIGHT INDUSTRIAL DIS12 CHARGES.—The Administrator may exempt a class

13 or category of commercial and light industrial dis14 charges composed entirely of stormwater (other than

15 discharges subject to permit application require16 ments published at 55 Fed. Reg. 47990 (November

17 16, 1990)) from the requirement to obtain a permit

18 pursuant to section 301 and this section if the Ad19 ministrator determines based on available informa20 tion that, considering controls and management

21 measures installed at sources in the class or cat22 egory, stormwater discharges from sources in the

23 class or category have minimal effect on water or

24 sediment quality.’’.
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1 SEC. 403. WATER CONSERVATION.

2 Title I (33 U.S.C. 1251 et seq.) is amended by adding

3 at the end the following new section:

4 ‘‘WATER CONSERVATION

5 ‘‘SEC. 121. (a) INTERGOVERNMENTAL COORDINA6 TION.—

7 ‘‘(1) IN GENERAL.—The Environmental Protec8 tion Agency shall be the primary coordinator for all

9 policies of the Federal Government related to munic10 ipal, commercial, residential, and industrial water

11 conservation.

12 ‘‘(2) CONSULTATION WITH AGENCY HEADS.—

13 To carry out this section, the Administrator and the

14 Secretary of the Army, acting through the Chief of

15 Engineers of the Army Corps of Engineers, shall, to

16 the greatest extent practicable, consult with the

17 heads of other Federal agencies that participate in

18 water resource planning, development, and manage19 ment.

20 ‘‘(3) CONSULTATION WITH OTHER OFFI21 CIALS.—To carry out this section, the Administrator

22 and the Secretary of the Army, acting through the

23 Chief of Engineers of the Army Corps of Engineers,

24 shall, to the greatest extent practicable, consult with

25 appropriate officials of State and local governments,

26 educational institutions, trade associations, scientific
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1 organizations, businesses, and other organizations

2 with expertise and experience with respect to water

3 conservation.

4 ‘‘(b) TECHNICAL ASSISTANCE TO STATES AND MU5 NICIPALITIES.—

6 ‘‘(1) IN GENERAL.—The Secretary of the Army,

7 acting through the Chief of Engineers of the Army

8 Corps of Engineers, acting alone or through a con9 tracting party, is authorized to provide technical as10 sistance to States, public and private water or

11 wastewater utilities, local governmental entities, In12 dian tribes, and other appropriate public agencies

13 and authorities with respect to—

14 ‘‘(A) conducting a promotional and edu15 cational campaign to encourage consumers to

16 use water more efficiently;

17 ‘‘(B) implementing financial or other in18 centives for users of water to conserve water,

19 including universal metering of water users and

20 the reform of water rates to promote conserva21 tion;

22 ‘‘(C) detecting and correcting leaks in

23 water distribution and collection systems;
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1 ‘‘(D) promoting, distributing, and install2 ing water-saving technologies, fixtures, or

3 equipment for users of water;

4 ‘‘(E) incorporating water-saving tech5 nologies into building codes and standards;

6 ‘‘(F) establishing coordinated regional

7 management of water and sewer systems;

8 ‘‘(G) auditing water use;

9 ‘‘(H) reclaiming, recycling, and reusing

10 wastewater;

11 ‘‘(I) promoting water-efficient vegetative

12 cover and landscaping;

13 ‘‘(J) conducting integrated resource plan14 ning that considers water demand management

15 measures; and

16 ‘‘(K) otherwise achieving beneficial reduc17 tions in water use or water loss.

18 ‘‘(2) DUTIES OF THE SECRETARY OF THE

19 ARMY.—The Secretary of the Army, acting through

20 the Chief of Engineers of the Army Corps of Engi21 neers, shall, on a regular basis, make available infor22 mation to potential recipients of the assistance re23 ferred to in paragraph (1) concerning the programs,

24 offerings, and activities of Federal agencies with re25 spect to water conservation.
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1 ‘‘(3) MODEL WATER CONSERVATION PRO2 GRAMS.—The Secretary of the Army, acting through

3 the Chief of Engineers of the Army Corps of Engi4 neers, shall develop, update, maintain, and dissemi5 nate a series of model water conservation programs

6 for States, water or wastewater utilities, and munici7 palities.

8 ‘‘(4) REQUESTS FOR STUDY.—

9 ‘‘(A) IN GENERAL.—Any water or

10 wastewater utility or municipality may request

11 the Secretary of the Army, acting through the

12 Chief of Engineers of the Army Corps of Engi13 neers, to—

14 ‘‘(i) undertake a study of the feasibil15 ity, impacts, costs, and benefits of then

16 current and potential water conservation

17 activities; and

18 ‘‘(ii) recommend actions for beneficial

19 reductions in water use or loss.

20 ‘‘(B) PRIORITIES.—The Secretary of the

21 Army, acting through the Chief of Engineers of

22 the Army Corps of Engineers, shall give priority

23 to the water conservation studies referred to in

24 subparagraph (A) on the basis of the potential

25 for—
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1 ‘‘(i) protection of the environment;

2 and

3 ‘‘(ii) reducing costs to Federal, State,

4 and local governments for water supply

5 and wastewater treatment facilities.

6 ‘‘(C) AMOUNT OF ASSISTANCE.—The

7 amount of Federal funds provided under this

8 subsection for a water conservation study of

9 any water or wastewater utility or municipality

10 serving more than 5,000 individuals shall be

11 not more than 50 percent of the cost of the

12 study. The Secretary of the Army, acting

13 through the Chief of Engineers of the Army

14 Corps of Engineers, may waive the 50 percent

15 matching requirement for a water utility or mu16 nicipality that serves a population of fewer than

17 5,000 individuals.

18 ‘‘(5) REVIEWS.—The Secretary of the Army,

19 acting through the Chief of Engineers of the Army

20 Corps of Engineers, shall collect information con21 cerning water conservation projects, including

22 projects assisted under paragraph (4), and make the

23 information widely available to the public in a timely

24 manner. The reviews shall evaluate the effectiveness

25 of various water conservation measures and provide
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1 information to assist the Secretary in providing tech2 nical assistance.

3 ‘‘(c) TECHNICAL ASSISTANCE TO BUSINESSES AND

4 INSTITUTIONS.—The Secretary of the Army, acting

5 through the Chief of Engineers of the Army Corps of En6 gineers, may provide assistance that is comparable to the

7 assistance to businesses and other persons provided under

8 subsection (b). The Federal cost of the assistance shall

9 be fully reimbursed by the recipient of the assistance.

10 ‘‘(d) NATIONAL CLEARINGHOUSE ON WATER CON11 SERVATION.—

12 ‘‘(1) IN GENERAL.—The Secretary of the Army,

13 acting through the Chief of Engineers of the Army

14 Corps of Engineers, shall establish a national clear15 inghouse on water conservation (referred to in this

16 subsection as the ‘clearinghouse’) to collect, analyze,

17 and disseminate information on water conservation

18 technologies and practices (including information ob19 tained under subsections (b) and (c)) and promote

20 the widespread adoption of the technologies and

21 practices by public and private water or wastewater

22 utilities, and commercial, industrial, and residential

23 consumers.

24 ‘‘(2) DISSEMINATION OF INFORMATION.—The

25 Secretary of the Army, acting through the Chief of
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1 Engineers of the Army Corps of Engineers, shall

2 provide water conservation information developed

3 pursuant to this section to Federal agencies, States,

4 local governments, other appropriate public agencies

5 and authorities, nonprofit institutions and organiza6 tions, businesses and industries, researchers, private

7 individuals, and other persons and entities in a posi8 tion to derive or increase the public benefits offered

9 by the technologies, methods, and practices related

10 to water conservation described in this subsection.

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Secretary of the

13 Army to carry out this section an amount not to exceed

14 $10,000,000 for each of fiscal years 1995 through 2000.’’.

15 TITLE V—PERMIT PROGRAM

16 AND ENFORCEMENT

17 SEC. 501. PERMIT FEES.

18 (a) IN GENERAL.—Section 402 (33 U.S.C. 1342), as

19 amended by section 401, is further amended by adding

20 at the end the following new subsection:

21 ‘‘(r) PERMIT FEES.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) MODIFICATION.—

24 ‘‘(i) IN GENERAL.—Not later than 2

25 years after the date of enactment of this
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1 subsection, or the applicable date specified

2 in clause (ii), the Governor of each State

3 that administers a permit program under

4 subsection (b) shall submit to the Adminis5 trator, for approval, a modification of the

6 permit program of the State that includes

7 a requirement under State law that—

8 ‘‘(I) the owner or operator of cer9 tain point sources subject to the re10 quirement to obtain a permit under

11 this section or a permit for the use or

12 disposal of sewage sludge under sec13 tion 405; and

14 ‘‘(II) an industrial user of any

15 publicly owned treatment works sub16 ject to a State permit or equivalent

17 individual control mechanism issued

18 pursuant to subsection (b)(9),

19 pay an annual fee (or the equivalent, over

20 another specified period of time). The

21 State may exempt certain categories of

22 permittees and industrial users of publicly

23 owned treatment works on the basis of fac24 tors including the flow of discharge and

25 small business status.
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1 ‘‘(ii) EXTENSION.—If a State has a

2 legislature that is not scheduled to meet in

3 a legislative session in which legislation to

4 carry out this subparagraph may be en5 acted by the date specified in clause (i),

6 the State shall carry out the requirements

7 of clause (i) not later than 1 year after the

8 date of adjournment of the first regular

9 legislative session of a State in which legis10 lation to carry out this subsection may be

11 considered.

12 ‘‘(B) ACCUMULATED AMOUNT OF FEES.—

13 The total amount collected as fees for any year

14 in a State shall be a sufficient amount to cover

15 not less than 60 percent of the costs of ade16 quately developing and administering point

17 source elements of the water quality program,

18 and the costs of adequately developing and ad19 ministering sewage sludge use and disposal and

20 pretreatment programs, of the State, including

21 the costs of—

22 ‘‘(i) reviewing and acting on applica23 tions for permits;

24 ‘‘(ii) implementing and enforcing the

25 terms and conditions of permits or equiva-
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1 lent individual control mechanisms (exclud2 ing any court costs);

3 ‘‘(iii) monitoring effluent and ambient

4 water quality;

5 ‘‘(iv) preparing generally applicable

6 regulations or guidance, including water

7 quality standards;

8 ‘‘(v) modeling, planning, analyses, and

9 demonstrations;

10 ‘‘(vi) preparing and maintaining pub11 lic information systems concerning effluent

12 limitations, discharges, compliance, and

13 water quality; and

14 ‘‘(vii) evaluating the performance of

15 laboratories that analyze monitoring sam16 ples (including laboratory inspections, lab17 oratory audits, and quality assurance).

18 ‘‘(C) FEE AMOUNT.—

19 ‘‘(i) AMOUNT OF FEE.—The Adminis20 trator may not approve a program modi21 fication as meeting the requirements of

22 this subsection unless the State dem23 onstrates that the program will result in

24 the collection, from all point sources sub-
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1 ject to subparagraph (A), of an annual

2 amount that is not less than the sum of—

3 ‘‘(I) $5,750 multiplied by the

4 number of individual permits issued

5 by the State for point sources;

6 ‘‘(II) $5,750 multiplied by the

7 number of industrial users of publicly

8 owned treatment works receiving a

9 permit or equivalent individual control

10 mechanism;

11 ‘‘(III) $70 multiplied by the

12 number of permittees discharging

13 from point sources under a general

14 permit other than a stormwater gen15 eral permit;

16 ‘‘(IV) $50 multiplied by the num17 ber of permittees discharging from

18 point sources regulated under a

19 stormwater general permit; and

20 ‘‘(V) $3,000 multiplied by the

21 number of permittees required to ob22 tain an individual permit for the use

23 or disposal of sewage sludge under

24 section 405;
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1 except that no person shall be required to

2 pay fees under this subsection for the point

3 source discharges located at a single facil4 ity in excess of $125,000 per year.

5 ‘‘(ii) EQUIVALENT FEE SYSTEMS.—

6 The requirement of clause (i) to collect the

7 amount specified under such clause shall

8 not apply if the State demonstrates that

9 collecting an amount that is less than the

10 amount specified under such clause will

11 satisfy the requirements of subparagraph

12 (B).

13 ‘‘(iii) APPROPRIATIONS IN LIEU OF

14 FEES.—The requirements of clause (i) and

15 subparagraph (B) shall be modified by the

16 Administrator with respect to any State to

17 the extent that the State appropriates

18 State funds, in excess of amounts nec19 essary to match any grant made by the

20 Administrator to the State under section

21 106, to operate the point source elements

22 of the water quality program of the State.

23 ‘‘(2) USE OF FEES.—

24 ‘‘(A) IN GENERAL.—Each fee required to

25 be collected by a State under this subsection
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1 shall be used only to support the water quality

2 programs of the State.

3 ‘‘(B) RESTRICTION ON USE.—Except as

4 provided in subparagraph (C), the fees collected

5 pursuant to this subsection may not be used to

6 provide State matching funds for Federal funds

7 made available to the State pursuant to section

8 106.

9 ‘‘(C) USE FOR MATCHING FUNDS.—A

10 State may use any amount collected by the

11 State as fees pursuant to this subsection to pro12 vide matching funds for Federal funds made

13 available to the State pursuant to section 106.

14 ‘‘(3) REVIEW BY ADMINISTRATOR.—The Ad15 ministrator may, at any time after approving the

16 modifications of the permit program of a State

17 under paragraph (1), review the fees assessed by the

18 State pursuant to the modifications. The Adminis19 trator shall review the fees assessed by the State not

20 later than 5 years after the date of approval of the

21 modifications, and not less frequently than every 5

22 years thereafter, and notify the State of the results

23 of the review. The results of the review shall not be

24 subject to judicial review.

25 ‘‘(4) FEDERAL FEE PROGRAM.—
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1 ‘‘(A) FEDERAL PROGRAM OF FEE ASSESS2 MENT.—

3 ‘‘(i) IN GENERAL.—Not later than 3

4 years after the date of enactment of this

5 subsection, the Administrator shall estab6 lish a Federal program applicable to each

7 State with respect to which subparagraph

8 (C) applies for the collection of fees in a

9 sufficient amount to recover 100 percent of

10 the Federal costs of functions related to

11 adequately administering and enforcing the

12 permit, pretreatment, and sewage sludge

13 use and disposal programs carried out

14 under this Act in the State (as described

15 in clause (ii)).

16 ‘‘(ii) FUNCTIONS FOR CARRYING OUT

17 PROGRAM.—The Administrator shall, by

18 regulation, define all functions of the Ad19 ministrator related to adequately admin20 istering and enforcing the permit,

21 pretreatment, and sewage sludge use and

22 disposal programs carried out under this

23 Act, including specific monitoring of per24 mits, site inspections, the process of issu25 ance of permits, and obtaining and apply-
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1 ing technical and scientific data and infor2 mation for the purposes of collecting fees

3 under this section. The functions of the

4 Administrator for purposes of collecting

5 fees under this section may not include the

6 cost of ambient monitoring, writing criteria

7 documents, or other activities (including

8 public relations and outreach) of general

9 applicability beyond the programs referred

10 to in this paragraph.

11 ‘‘(iii) EXEMPTIONS.—The Adminis12 trator may determine by regulation to ex13 empt certain categories of permittees and

14 industrial users of publicly owned treat15 ment works on the basis of factors includ16 ing the flow of discharge and small busi17 ness status. The Administrator may deter18 mine the fee schedule referred to in clause

19 (i) on the basis of factors including efflu20 ent discharge flow or volume, the type of

21 facility, and any other factor that the Ad22 ministrator considers appropriate to reflect

23 the relative complexity of regulating the

24 point source or industrial user of a publicly

25 owned treatment works.
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1 ‘‘(B) FEDERAL FEE SCHEDULE.—The

2 Federal fee regulations established by the Ad3 ministrator pursuant to this paragraph shall re4 sult in the collection, from all sources subject to

5 subparagraph (A), of an annual amount that is

6 not less than the sum of—

7 ‘‘(i) $7,900 multiplied by the number

8 of individual permits issued by the Admin9 istrator for point sources;

10 ‘‘(ii) $7,800 multiplied by the number

11 of industrial users of publicly owned treat12 ment works receiving a permit or equiva13 lent individual control mechanism;

14 ‘‘(iii) $110 multiplied by the number

15 of permittees discharging from point

16 sources under a general permit other than

17 a general stormwater permit;

18 ‘‘(iv) $90 multiplied by the number of

19 permittees regulated under a general

20 stormwater permit; and

21 ‘‘(v) $5,000 multiplied by the number

22 of point sources required to obtain an indi23 vidual permit for the use or disposal of

24 sewage sludge under section 405;
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1 except that no person shall be required to pay

2 fees under this subsection for the point source

3 discharges located at a single facility in excess

4 of $125,000 per year.

5 ‘‘(C) CONDITIONS THAT REQUIRE IMPLE6 MENTATION OF FEDERAL PROGRAM.—If the

7 Administrator—

8 ‘‘(i) determines that a State has failed

9 to submit a modified permit program as

10 required by paragraph (1);

11 ‘‘(ii) on review of the permit modifica12 tions submitted by a State pursuant to

13 paragraph (1), or on conducting a subse14 quent review pursuant to paragraph (3),

15 determines that—

16 ‘‘(I) the fee provisions under the

17 modified permit program submitted

18 by a State to the Administrator for

19 approval pursuant to paragraph (1)

20 do not meet the requirements of this

21 subsection;

22 ‘‘(II) a State is not adequately

23 administering or enforcing a fee sys24 tem referred to in paragraph (1) that
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1 has been approved by the Adminis2 trator;

3 ‘‘(III) a State does not have the

4 authority to administer a permit pro5 gram, including a pretreatment pro6 gram, under subsection (b); or

7 ‘‘(IV) a State has failed to com8 ply with paragraph (2)(A); or

9 ‘‘(iii) issues a permit with respect to

10 the authorized State pursuant to sub11 section (b)(4) or (d)(5),

12 the Administrator shall, not later than 3 years

13 after the date of enactment of this subsection,

14 or with respect to a finding described in clause

15 (ii)(II), not later than 180 days after making

16 the finding, assess and collect fees pursuant to

17 the program referred to in subparagraph (A).

18 ‘‘(D) SUBSEQUENT ESTABLISHMENT OF

19 STATE PROGRAM.—At any time after the Ad20 ministrator implements a program to assess

21 fees pursuant to subparagraph (A), if the Ad22 ministrator determines that a State program to

23 assess fees meets the requirements of this sub24 section and the State has adequate authority to

25 assess the fees, the Administrator may approve
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1 the State program and terminate the applica2 tion of the Federal program to the State.

3 ‘‘(E) MODIFICATION OF FEE AMOUNTS.—

4 The Administrator shall modify the average fee

5 and maximum fee amounts of paragraph (1)(C)

6 and subparagraph (B) not less frequently than

7 every 5 years to reflect changes in the

8 Consumer Price Index that have occurred

9 since the date the fee was established or last

10 modified.

11 ‘‘(F) ADDITIONAL ASSISTANCE.—Notwith12 standing any other provision of law, for each

13 fiscal year during which a State carries out the

14 functions of the Administrator referred to in

15 subparagraph (A)(ii), the Administrator shall

16 increase the amount otherwise made available

17 to that State under section 106(c) by that por18 tion of the total amount of funds collected in

19 that State and added to the Federal Water Pol20 lution Control Permit Fund established under

21 subparagraph (G) that is attributable to the ac22 tions of the State in carrying out the functions

23 of the Administrator under subparagraph

24 (A)(ii).
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1 ‘‘(G) FEDERAL WATER POLLUTION CON2 TROL PERMIT FUND.—

3 ‘‘(i) ESTABLISHMENT.—There is es4 tablished in the United States Treasury a

5 Federal Water Pollution Control Permit

6 Fund (referred to in this subparagraph as

7 the ‘Fund’).

8 ‘‘(ii) SOURCE AND USE.—All fees col9 lected by the Administrator (plus any pay10 ment collected by the Administrator pursu11 ant to section 309(g)(12)) shall be depos12 ited in the Fund, and shall be available,

13 without fiscal limitation, to carry out the

14 activities for which the fees are collected

15 (as described in paragraph (1)(B)).

16 ‘‘(iii) PAYMENTS FROM FUND.—The

17 Secretary of the Treasury is authorized

18 and directed to pay out of any funds avail19 able in the Fund any expenses incurred by

20 the Federal Government in carrying out

21 the activities specified in clause (ii). None

22 of the funds deposited into the Fund shall

23 be available for any purpose other than

24 making payments authorized under the

25 preceding sentence. The funds shall be
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1 available for authorized purposes until

2 expended.

3 ‘‘(iv) ACCOUNTING OF DISBURSE4 MENT.—The Administrator, in consulta5 tion with the Secretary of the Treasury,

6 shall, not later than one quarter after the

7 first full fiscal year after the date on which

8 the Administrator initially collects fees

9 pursuant to this paragraph, and annually

10 thereafter, prepare and submit to each

11 State in which the Administrator admin12 isters the permit program a fiscal report of

13 the disbursements from the Fund. In car14 rying out this requirement, the Adminis15 trator shall ensure that accounting shall be

16 conducted in accordance with the account17 ing procedures of the General Accounting

18 Office, including the procedures under

19 chapter 75 of title 31, United States Code,

20 with respect to financial assistance pro21 vided by the Administrator to the States.

22 Each report prepared by the Administrator

23 and submitted to a State under this clause

24 shall include information concerning the

25 total amount collected in the State as fees
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1 under this paragraph and a categorical

2 breakdown of the amount of fees collected

3 under this paragraph by the type of facil4 ity, or any other factors used to determine

5 the fee schedule.

6 ‘‘(v) ADJUSTMENT OF FEE SCHED7 ULE.—In the event that the Administrator

8 finds from the report required by clause

9 (iv) that the amount of fees collected in a

10 State is significantly different from the

11 disbursements in that State, the Adminis12 trator may through regulation revise the

13 fees collected under subparagraph (B) to

14 reduce the difference.’’.

15 (b) PENALTIES.—Section 309(g) (33 U.S.C.

16 1319(g)) is amended by adding at the end the following

17 new paragraph:

18 ‘‘(13) OTHER PENALTIES.—Any permittee or

19 industrial user discharging into a publicly owned

20 treatment works that fails to pay a fee lawfully im21 posed by the Administrator under section 402(r)

22 shall be liable to the United States for payment of

23 an amount equal to the sum of—

24 ‘‘(A) the amount of the fee;
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1 ‘‘(B) a penalty in an amount equal to 50

2 percent of the amount of the fee; and

3 ‘‘(C) interest on the amount of the fee

4 computed in accordance with section 6621(a)(2)

5 of the Internal Revenue Code of 1986.’’.

6 SEC. 502. PERMIT PROGRAM MODIFICATIONS.

7 (a) PERMIT MANAGEMENT.—

8 (1) IN GENERAL.—Section 402(b) (33 U.S.C.

9 1342(b)) is amended by adding at the end the fol10 lowing new paragraphs:

11 ‘‘(10) To ensure that, beginning on the date that is

12 1 year after the date of enactment of this paragraph, in

13 the case of a new discharge into navigable waters resulting

14 from the construction of a new facility, the applicant ap15 plies for a permit under this section prior to the com16 mencement of construction of the facility.

17 ‘‘(11) To ensure that each person issued a permit

18 under this section who has received assistance under sec19 tion 201(g)(1) or section 603(c)(1) is in compliance with

20 the requirements of section 204(b).’’.

21 (2) SYSTEM OF CHARGES.—The first sentence

22 of section 204(b)(1) (33 U.S.C. 1284(b)(1)) is

23 amended by striking ‘‘the Administrator shall not

24 approve any grant for any treatment works under

25 section 201(g)(1) after March 1, 1973, unless he
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1 shall first have determined that the applicant (A)

2 has adopted or will adopt’’ and inserting ‘‘the Ad3 ministrator may not approve a grant for, or loan to,

4 any recipient of assistance under section 201(g)(1)

5 or 603(c)(1)(A) unless the applicant (A) has adopted

6 or will adopt’’.

7 (b) PERMIT REVISION AND RENEWAL.—Section

8 402(b)(1)(C) (33 U.S.C. 1342(b)(1)(C)) is amended—

9 (1) in clause (iii), by adding ‘‘and’’ at the end;

10 and

11 (2) by adding at the end the following new

12 clause:

13 ‘‘(iv) the promulgation, after the date of is14 suance of the permit, of any new or revised ef15 fluent guideline pursuant to section 304, 306,

16 or 307, or a water or sediment quality standard

17 pursuant to section 303, or any applicable regu18 lation;’’.

19 (c) FEDERAL PROGRAM OVERSIGHT.—Section

20 402(d) (33 U.S.C. 1342(d)) is amended—

21 (1) in paragraph (4)—

22 (A) by striking ‘‘on request of the State,’’

23 and all that follows through ‘‘If’’ and inserting

24 ‘‘and if’’;
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1 (B) by striking ‘‘within 30 days’’ and all

2 that follows through ‘‘of such objection’’ and in3 serting ‘‘within 180 days after such objection’’;

4 and

5 (C) by adding at the end the following new

6 sentence: ‘‘In any case in which the Adminis7 trator exercises waiver authority, the Adminis8 trator shall make reasonable efforts to periodi9 cally review the waiver.’’; and

10 (2) by adding at the end the following new

11 paragraphs:

12 ‘‘(5) PERMIT REISSUANCE.—In any case in

13 which the appropriate official of a State permit pro14 gram approved by the Administrator pursuant to

15 subsection (b) fails, during the 180-day period be16 ginning on the date of expiration of a permit for a

17 discharge, to reissue a permit for the discharge, the

18 Administrator may issue a permit for the discharge.

19 ‘‘(6) REVIEW AND REVISION.—The Adminis20 trator may, by regulation, require that each permit

21 issued be reviewed and revised to include an effluent

22 limitation based on a new or revised effluent guide23 line or standard, or any other applicable regula24 tion.’’.

25 (d) JUDICIAL REVIEW.—
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1 (1) IN GENERAL.—Section 402(b)(3) (33

2 U.S.C. 1342(b)(3)) is amended by striking the semi3 colon at the end and inserting ‘‘and an opportunity

4 for judicial review of a final permit action under this

5 section in a State court by the applicant, any person

6 who participated in the public comment process, and

7 any other person who could obtain judicial review of

8 the action under any applicable State law;’’.

9 (2) SANCTION.—Section 402(d), as amended by

10 subsection (c)(2), is further amended by adding at

11 the end the following new paragraph:

12 ‘‘(7) FAILURE TO MODIFY STATE PROGRAM.—

13 If a State with a program approved under sub14 section (b) fails to modify a State program pursuant

15 to the requirements of subsection (b)(3) by the date

16 that is 3 years after the date of enactment of this

17 paragraph, the Administrator shall withhold an

18 amount equal to 10 percent of the amount that

19 would otherwise be allotted to the State under sec20 tion 106 for the fiscal year that begins after the de21 cision of the Administrator to withhold the

22 amount.’’.

23 (e) PERMIT APPLICATION REQUIREMENTS.—Section

24 402(a) (33 U.S.C. 1342(a)) is amended by adding at the

25 end the following new paragraph:
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1 ‘‘(6) UPDATED REQUIREMENTS FOR MUNICIPAL

2 AND INDUSTRIAL DISCHARGERS.—Not later than 2

3 years after the date of enactment of this paragraph,

4 the Administrator shall promulgate regulations to

5 update the application requirements for a permit

6 under this section for municipal and industrial dis7 chargers to require the applicant to more fully char8 acterize the nature of the effluent and the contribu9 tions of the effluent to receiving waters.’’.

10 (f) WATERBODY AND EFFLUENT ASSESSMENT.—

11 (1) BIOLOGICAL MONITORING METHODS.—Sec12 tion 304(a)(8) (33 U.S.C. 1314(a)(8)) is amended

13 by adding at the end the following new sentence:

14 ‘‘Not later than 3 years after the date of enactment

15 of the Water Pollution Prevention and Control Act

16 of 1994, the Administrator shall publish regulations

17 that establish biological monitoring methods, prac18 tices, and protocols, including measurements suitable

19 for establishing the biological condition of

20 waterbodies.’’.

21 (2) WHOLE EFFLUENT TOXICITY.—Section

22 402(a)(2) (33 U.S.C. 1342(a)(2)) is amended—

23 (A) by striking ‘‘(2) The’’ and inserting

24 the following:

25 ‘‘(2) CONDITIONS FOR PERMITS.—
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1 ‘‘(A) IN GENERAL.—The’’; and

2 (B) by adding at the end the following new

3 subparagraph:

4 ‘‘(B) WHOLE EFFLUENT TOXICITY.—Not

5 later than 2 years after the date of enactment

6 of this subparagraph, the Administrator shall

7 publish regulations that provide for—

8 ‘‘(i) the establishment of a standard

9 quantitative basis for determining acute

10 and chronic whole effluent toxicity; and

11 ‘‘(ii) the inclusion of numerical efflu12 ent limitations for whole effluent toxicity in

13 a permit for any discharge that the permit14 ting authority determines is likely to ex15 hibit toxicity.’’.

16 (g) TECHNICAL AMENDMENTS.—Section 402 (33

17 U.S.C. 1342) is amended—

18 (1) in subsections (a)(5) and (c)(2), by striking

19 ‘‘304(h)(2)’’ each place it appears and inserting

20 ‘‘304(i)(2)’’; and

21 (2) in subsections (b) and (e), by striking

22 ‘‘(h)(2)’’ each place it appears and inserting

23 ‘‘(i)(2)’’.

24 SEC. 503. ENFORCEMENT.

25 (a) CITIZEN ENFORCEMENT.—
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1 (1) PAST VIOLATIONS.—Section 505 (33 U.S.C.

2 1365) is amended—

3 (A) in subsection (a)(1), by inserting ‘‘to

4 have violated or’’ before ‘‘to be in violation’’;

5 (B) in subsection (f)(6), by inserting ‘‘, or

6 has been in effect,’’ after ‘‘in effect’’; and

7 (C) in subsection (g), by striking ‘‘is’’ and

8 inserting ‘‘has been, is,’’.

9 (2) VIOLATIONS NOT INCLUDED IN NOTICE.—

10 Section 505 (33 U.S.C. 1365) is amended by strik11 ing subsection (b) and inserting the following new

12 subsection:

13 ‘‘(b) NOTICE REQUIREMENT.—

14 ‘‘(1) IN GENERAL.—No action may be com15 menced—

16 ‘‘(A) under subsection (a)(1)—

17 ‘‘(i) prior to the date that is 60 days

18 after the plaintiff has given notice of the

19 alleged violation to—

20 ‘‘(I) the Administrator;

21 ‘‘(II) the State in which the al22 leged violation occurs, or has oc23 curred; and

24 ‘‘(III) any alleged violator of the

25 standard, limitation, or order; or
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1 ‘‘(ii) if the Administrator or State has

2 commenced and is diligently prosecuting a

3 civil or criminal action in a court of the

4 United States, or a State, to require com5 pliance with the standard, limitation, or

6 order, except that in any such action in a

7 court of the United States any citizen may

8 intervene as a matter of right; or

9 ‘‘(B) under subsection (a)(2) prior to the

10 date that is 60 days after the plaintiff has given

11 notice of the action to the Administrator,

12 except that an action under paragraph (1) or (2) of

13 subsection (a) may be brought immediately after the

14 notification in the case of an action with respect to

15 a violation of section 306 or 307(a). The notice re16 quired by this subsection shall be given in such man17 ner as the Administrator shall prescribe by regula18 tion.

19 ‘‘(2) ADDITIONAL NOTICE.—If notice of an al20 leged violation has been given pursuant to paragraph

21 (1)(A), an additional notice shall not be required for

22 another violation, at the same facility, that was not

23 specifically identified by the alleged violator in the

24 publicly available discharge monitoring reports of the

25 alleged violator or that is reported after the plaintiff
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1 has given notice of an alleged violation pursuant to

2 paragraph (1)(A).’’.

3 (3) STATUTE OF LIMITATIONS.—Section 505

4 (33 U.S.C. 1365) is amended by adding at the end

5 the following new subsection:

6 ‘‘(i) STATUTE OF LIMITATIONS.—The requirements

7 of section 2462 of title 28, United States Code, shall apply

8 with respect to the commencement of a civil action under

9 this section.’’.

10 (4) TREATMENT AS POINT SOURCE.—Section

11 505 (33 U.S.C. 1365) is amended by adding the fol12 lowing new subsection:

13 ‘‘(j) TREATMENT AS POINT SOURCE.—For the pur14 poses of this section, an agricultural activity shall not be

15 considered a point source unless the Administrator has

16 required a permit under section 301 or 402 for the

17 activity.’’.

18 (b) PENALTIES AND COMPENSATION.—

19 (1) BENEFICIAL USE.—

20 (A) CIVIL PENALTIES.—Section 309(d)

21 (33 U.S.C. 1319(d)) is amended—

22 (i) by striking ‘‘(d) Any person’’ and

23 inserting the following:

24 ‘‘(d) CIVIL PENALTIES.—

25 ‘‘(1) IN GENERAL.—Any person’’; and
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1 (ii) by adding at the end the following

2 new paragraph:

3 ‘‘(2) BENEFICIAL USE.—Notwithstanding any

4 other provision of law (including subchapter III of

5 chapter 7 of title 31, United States Code, and chap6 ter 128 of title 28, United States Code), a district

7 court may order that all or a portion of a civil pen8 alty referred to in paragraph (1) be used for a bene9 ficial project to enhance public health or the environ10 ment by restoring or otherwise improving, in a man11 ner consistent with this Act, the water quality, wild12 life, or habitat of the specific waters of the State in

13 which the violation occurred. The court shall estab14 lish an independent trustee (including a State or

15 local government water pollution control agency) to

16 monitor implementation of a beneficial project who

17 shall report annually to the court on disbursements

18 of the funds awarded until the project is complete

19 and may recommend termination of the project if

20 any condition of the award is violated. The trustee

21 shall consult with the State in which the project is

22 located to ensure that the project is conducted in a

23 manner consistent with all requirements of State law

24 and any plans developed by the State and in force

25 under section 208, 303(e), 319, 320, or 321.’’.
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1 (B) CITIZEN SUITS.—Section 505(a) (33

2 U.S.C. 1365(a)) is amended by adding at the

3 end the following new sentence: ‘‘Notwithstand4 ing any other provision of law (including sub5 chapter III of chapter 7 of title 31, United

6 States Code, and chapter 128 of title 28, Unit7 ed States Code), a district court may order

8 that, in any action under this subsection to

9 apply a civil penalty, all or a portion of the civil

10 penalty be used for a beneficial project to en11 hance public health or the environment by re12 storing or otherwise improving, in a manner

13 consistent with this Act, the water quality, wild14 life, or habitat of the specific waters of the

15 State in which the violation occurred. The court

16 shall establish an independent trustee (includ17 ing a State or local government water pollution

18 control agency but not including any party to

19 the action or any party affiliated with a party

20 to the action) to monitor implementation of a

21 beneficial project who shall report annually to

22 the court on disbursements of the funds award23 ed until the project is complete and may rec24 ommend termination of the project if any condi25 tion of the award is violated. The trustee shall
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1 consult with the State in which the project is

2 located to ensure that the project is conducted

3 in a manner consistent with all requirements of

4 State law and any plans developed by the State

5 and in force under section 208, 303(e), 319,

6 320, or 321, and to ensure that no party who

7 commenced an action under this section or any

8 affiliate of any such party receives money or

9 any direct benefits from the project.’’.

10 (C) CRIMINAL FINES.—Section 309(c) (33

11 U.S.C. 1319(c)) is amended by adding at the

12 end the following new paragraph:

13 ‘‘(8) BENEFICIAL USE.—Notwithstanding any

14 other provision of law (including subchapter III of

15 chapter 7 of title 31, United States Code, and chap16 ter 128 of title 28, United States Code) a court that

17 imposes a fine pursuant to this subsection may order

18 that all or a portion of the fine be used for a bene19 ficial project to enhance public health or the environ20 ment by restoring or otherwise improving, in a man21 ner consistent with this Act, the water quality, wild22 life, or the habitat of the specific waters of the State

23 in which the violation occurred. The court shall es24 tablish an independent trustee (including a State or

25 local government water pollution control agency) to
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1 monitor implementation of a beneficial project who

2 shall report annually to the court on disbursements

3 of the funds awarded until the project is complete

4 and may recommend termination of the project if

5 any condition of the award is violated. The trustee

6 shall consult with the State in which the project is

7 located to ensure that the project is conducted in a

8 manner consistent with all requirements of State law

9 and any plans developed by the State and in force

10 under section 208, 303(e), 319, 320, or 321.’’.

11 (2) CLARIFICATION OF APPROPRIATE INJUNC12 TIVE RELIEF.—

13 (A) ACTIONS BY THE ADMINISTRATOR.—

14 Section 309(b) (33 U.S.C. 1319(b)) is amended

15 by inserting after the first sentence the follow16 ing new sentence: ‘‘For purposes of this sub17 section, appropriate injunctive relief may in18 clude a requirement that a violator remove fill

19 materials, contaminated sediments, and illegally

20 discharged pollutants, added to waterways by

21 the violator, from waterways and banks of wa22 terways, install temporary treatment facilities,

23 conduct environmental audits, refrain from

24 making additional sewer connections, or tempo25 rarily or permanently cease operations.’’.
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1 (B) CITIZEN SUITS.—Section 505(a)(33

2 U.S.C. 1365(a)) is amended by adding at the

3 end the following new sentence: ‘‘Injunctive re4 lief enforcing an effluent limitation or standard

5 under the subsection may include a requirement

6 that a violator remove fill materials, contami7 nated sediments, and illegally discharged pollut8 ants, added to waterways by the violator, from

9 waterways and banks of waterways, install tem10 porary treatment facilities, conduct environ11 mental audits, refrain from making additional

12 sewer connections, or temporarily or perma13 nently cease operations.’’.

14 (3) PRETREATMENT REQUIREMENTS.—

15 (A) IN GENERAL.—Section 505(f)(4) (33

16 U.S.C. 1365(f)(4)) is amended by inserting ‘‘,

17 pretreatment requirement,’’ after ‘‘effluent

18 standard’’.

19 (B) STATE ENFORCEMENT.—Section

20 309(a)(1) (33 U.S.C. 1319(a)(1)) is amended

21 by inserting ‘‘any requirement imposed under a

22 pretreatment program approved under sub23 section (a)(3) or (b)(8) of section 402, or any

24 requirement imposed under section 402(b)(9),’’

25 after ‘‘under section 402 or 404 of this Act,’’.
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1 (C) ENFORCEMENT BY THE ADMINIS2 TRATOR.—Section 309(a)(3) (33 U.S.C.

3 1319(a)(3)) is amended by inserting ‘‘or any re4 quirement imposed under a pretreatment pro5 gram approved under subsection (a)(3) or

6 (b)(8) of section 402 or any requirement im7 posed under section 402(b)(9),’’ after ‘‘section

8 404 of this Act by a State,’’.

9 (D) KNOWING ENDANGERMENT.—Section

10 309(c)(3)(A) (33 U.S.C. 1319(c)(3)(A)) is

11 amended by inserting ‘‘, or any requirement im12 posed under a pretreatment program approved

13 under subsection (a)(3) or (b)(8) of section

14 402, or any requirement imposed under section

15 402(b)(9),’’ after ‘‘by the Administrator or by

16 a State,’’.

17 (E) ADMINISTRATIVE PENALTIES.—Sec18 tion 309(g)(1)(A) (33 U.S.C. 1319(g)(1)(A)) is

19 amended by inserting ‘‘or any requirement im20 posed under a pretreatment program approved

21 under subsection (a)(3) or (b)(8) of section 402

22 or any requirement imposed under section

23 402(b)(9),’’ after ‘‘section 404 by a State,’’.

24 (F) NOTICE TO PUBLICLY OWNED TREAT25 MENT WORKS.—The first sentence of section
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1 309(a)(4) (33 U.S.C. 1319(a)(4)) is amended

2 by striking ‘‘and other affected States’’ and in3 serting ‘‘, other affected States, and any pub4 licly owned treatment works receiving

5 wastewater from the violator’’.

6 (G) ENFORCEABILITY OF LOCAL LIMITS.—

7 Section 307(d) (33 U.S.C. 1317(d)) is amended

8 by adding at the end the following new sen9 tence: ‘‘As used in this subsection, the term

10 ‘pretreatment standard’ includes all prohibitions

11 or limitations on pollutants or pollutant param12 eters or other requirements developed by the

13 Administrator, a State, or a publicly owned

14 treatment works to control the introduction of

15 pollutants into publicly owned treatment

16 works.’’.

17 (4) KNOWING VIOLATIONS.—

18 (A) IN GENERAL.—The first sentence of

19 section 309(c)(2) (33 U.S.C. 1319(c)(2)) is

20 amended by striking ‘‘3 years’’ and inserting ‘‘5

21 years’’.

22 (B) SUBSEQUENT VIOLATIONS.—The sec23 ond sentence of section 309(c)(2) (33 U.S.C.

24 1319(c)(2)) is amended by striking ‘‘punish25 ment shall be by a fine’’ and all that follows
245

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1 through the end of the sentence and inserting

2 ‘‘the maximum punishment shall be doubled

3 with respect to both fine and imprisonment.’’.

4 (5) FIELD CITATION PROGRAM.—Section

5 309(g)(4)(A) (33 U.S.C. 1319(g)(4)(A)) is amended

6 by striking ‘‘this subsection’’ and inserting ‘‘para7 graph (2)(B)’’.

8 (6) PENALTY AMOUNT FACTORS.—

9 (A) CIVIL PENALTIES.—The second sen10 tence of paragraph (1) of section 309(d) (33

11 U.S.C. 1319(d)), as designated by paragraph

12 (1)(A)(i), is amended to read as follows: ‘‘In de13 termining the amount of a penalty assessed

14 under this section, the court shall consider the

15 seriousness of each violation, the economic ben16 efit or savings to the violator (if any) resulting

17 from the violation, any previous violations, any

18 good-faith efforts to avoid noncompliance or to

19 comply with the applicable requirements, the

20 ability of the violator to pay, any penalty pre21 viously imposed by a court or administrative

22 agency for the same violation, and such other

23 matters in mitigation and aggravation as justice

24 may require.’’.
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1 (B) ADDITIONAL FACTORS.—Section

2 309(d)(1) (33 U.S.C. 1319(d)(1)), as amended

3 by subparagraph (A), is further amended by in4 serting after the second sentence the following

5 new sentence: ‘‘In determining the amount of a

6 penalty assessed under this section against a

7 person who was no longer in violation when the

8 action was brought, the court shall consider, in

9 addition to the factors described in the previous

10 sentence, the duration of the violator’s continu11 ous compliance and noncompliance, the viola12 tor’s efforts to comply both before and after the

13 violations at issue, the violator’s diligence in

14 preventing the violations at issue, and the likeli15 hood that the violations will recur.’’.

16 (C) ADMINISTRATIVE PENALTIES.—The

17 first sentence of section 309(g)(3) (33 U.S.C.

18 1319(g)(3)) is amended to read as follows: ‘‘In

19 determining the amount of a penalty assessed

20 under this section, the Administrator or the

21 Secretary of the Army shall consider the seri22 ousness of each violation, the economic benefit

23 or savings to the violator (if any) resulting from

24 the violation, any previous violations, any good25 faith efforts to avoid noncompliance or to com-
247

•S 2093 PCS

1 ply with the applicable requirements, the ability

2 of the violator to pay, any penalty previously

3 imposed by a court or administrative agency for

4 the same violation, and such other matters in

5 mitigation and aggravation as justice may

6 require.’’.

7 (7) ECONOMIC BENEFIT.—

8 (A) FEDERAL CONSIDERATION OF ECO9 NOMIC BENEFIT.—

10 (i) GENERAL CIVIL PENALTIES.—

11 Paragraph (1) of section 309(d) (33

12 U.S.C. 1319(d)), as designated by para13 graph (1)(A)(i), is amended by inserting

14 after the first sentence the following new

15 sentence: ‘‘Except in a case of extreme eco16 nomic hardship, and notwithstanding the

17 maximum amount of a penalty established

18 by the preceding sentence, the minimum

19 amount of a penalty that a court shall as20 sess pursuant to this subsection on a find21 ing of a violation shall be the amount of

22 any economic benefit to the violator result23 ing from the violation.’’.

24 (ii) SECTION 311.—Section 311(b)(8)

25 (33 U.S.C. 1321(b)(8)) is amended by
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•S 2093 PCS

1 adding at the end the following new sen2 tence: ‘‘Except in the case of extreme eco3 nomic hardship, and notwithstanding the

4 maximum amount established by para5 graph (7)(A), the minimum amount of a

6 penalty that a court shall assess pursuant

7 to this subsection on a finding of a viola8 tion shall be the amount of any economic

9 benefit to the violator resulting from the

10 violation.’’.

11 (iii) SECTION 404.—Section 404(s)(4)

12 (33 U.S.C. 1344(s)(4)) is amended—

13 (I) by striking ‘‘(4) Any’’ and in14 serting the following:

15 ‘‘(4) CIVIL PENALTY.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), any’’; and

18 (II) by adding at the end the fol19 lowing new subparagraph:

20 ‘‘(B) MINIMUM PENALTY.—Except in a

21 case of extreme economic hardship, and not22 withstanding the maximum amount of a penalty

23 established under this paragraph, the minimum

24 amount of a penalty that a court shall assess

25 pursuant to this paragraph on a finding of a
249

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1 violation shall be the amount of any economic

2 benefit to the violator resulting from the

3 violation.’’.

4 (iv) ADMINISTRATIVE CIVIL PEN5 ALTIES.—Section 309(g)(3) (33 U.S.C.

6 1319(g)(3)) is amended by inserting after

7 the first sentence the following new sen8 tence: ‘‘Except in a case of extreme eco9 nomic hardship, and subject to the maxi10 mum amount of a penalty determined pur11 suant to paragraph (2), the minimum

12 amount that a hearing officer shall rec13 ommend on a finding of a violation shall be

14 the amount of any economic benefit to the

15 violator resulting from the violation.’’.

16 (B) STATE CONSIDERATION OF ECONOMIC

17 BENEFIT.—Section 309(d) (33 U.S.C.

18 1319(d)), as amended by paragraph (1)(A), is

19 further amended by adding at the end the fol20 lowing new paragraph:

21 ‘‘(3) STATE CONSIDERATION OF ECONOMIC

22 BENEFIT.—Each State that has in effect a State law

23 with civil enforcement authority that is comparable

24 to the civil enforcement authority under this sub25 section for comparable violations, shall, in exercising
250

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1 the authority, develop and apply an economic benefit

2 policy. The policy shall require the consideration, in

3 determining the amount of any civil penalty assessed

4 against a violator, of the amount of any economic

5 benefit to the violator resulting from the violation.’’.

6 (C) REVIEW OF ECONOMIC BENEFIT

7 MODEL.—Not later than 2 years after the date

8 of enactment of this Act, the Administrator of

9 the Environmental Protection Agency shall re10 view the model used by the Administrator to de11 termine the economic benefits of noncompliance

12 with the requirements of the Federal Water

13 Pollution Control Act (33 U.S.C. 1251 et seq.),

14 and make such revisions as the Administrator

15 considers appropriate. Before conducting the re16 view, the Administrator shall publish detailed

17 information concerning the model and the use

18 of the model and solicit public comment on the

19 model and alternative methods to determine the

20 economic benefits of noncompliance with such

21 Act.

22 (8) STATE ADMINISTRATIVE ENFORCEMENT.—

23 (A) IN GENERAL.—Section 402 (33 U.S.C.

24 1342), as amended by section 501(a), is further
251

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1 amended by adding at the end the following

2 new subsection:

3 ‘‘(s) WITHHOLDING WATER POLLUTION CONTROL

4 ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—Beginning on the date that

6 is 3 years after the date of enactment of this sub7 section, the Administrator is authorized to withhold

8 from a State with an approved program under sub9 section (b), an amount not to exceed 25 percent of

10 the amount of funds allocated for any fiscal year to

11 the State under section 106, if the Administrator de12 termines that the State does not have adequate au13 thority to abate violations of—

14 ‘‘(A) permits issued under section 402; and

15 ‘‘(B) pretreatment requirements applicable

16 to industrial users of publicly owned treatment

17 works.

18 ‘‘(2) ADEQUATE AUTHORITY.—For purposes of

19 paragraph (1), in order to demonstrate adequate au20 thority, a State shall, at a minimum, demonstrate

21 the authority to recover an administrative civil pen22 alty in a maximum amount of not less than $10,000

23 per day for each violation referred to in paragraph

24 (1).
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1 ‘‘(3) AMOUNTS WITHHELD.—The Administrator

2 shall make available any amounts withheld under

3 paragraph (1) to States with an approved program

4 under subsection (b).’’.

5 (B) ABATEMENT.—Section 402(b) (33

6 U.S.C. 1342(b)) is amended by striking para7 graph (7) and inserting the following new para8 graph:

9 ‘‘(7) To abate violations of the permit or the permit

10 program by—

11 ‘‘(A) the imposition of administrative penalties

12 (in a manner comparable to section 309(g));

13 ‘‘(B) the imposition of civil penalties;

14 ‘‘(C) the imposition of criminal penalties; or

15 ‘‘(D) other means of enforcement that the State

16 is able to demonstrate to be as effective as the

17 means described in this paragraph.’’.

18 (9) FEDERAL PROCUREMENT.—Subsection (a)

19 of section 508 (33 U.S.C. 1368(a)) is amended to

20 read as follows:

21 ‘‘(a) CONTRACTS WITH CERTAIN VIOLATORS PRO22 HIBITED.—

23 ‘‘(1) MANDATORY PROHIBITION.—No official of

24 a Federal agency may enter into any contract,

25 grant, or loan that is to be performed, in whole or
253

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1 in part, using any facility that is owned, leased, op2 erated, or supervised by any person who has been

3 convicted of an offense under section 309(c), or sec4 tion 13 or 16 of the Act entitled ‘An Act making ap5 propriations for the construction, repair, and preser6 vation of certain public works on rivers and harbors,

7 and for other purposes’ (commonly known as the

8 ‘River and Harbor Act of 1899’), approved March 3,

9 1899 (33 U.S.C. 407 or 411).

10 ‘‘(2) DISCRETIONARY PROHIBITION.—The Ad11 ministrator may issue a determination that provides

12 that no official of a Federal agency may enter into

13 any contract, grant, or loan that is to be performed,

14 in whole or in part, using any facility that is owned,

15 leased, operated, or supervised by any person who

16 has been—

17 ‘‘(A) found liable for a civil violation of the

18 requirements of this Act; or

19 ‘‘(B) convicted by a State court of a crimi20 nal offense as a result of noncompliance with

21 the requirements of this Act,

22 if the Administrator determines that the person has

23 engaged in a pattern of continuing or recurring vio24 lations of the requirements of this Act.
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1 ‘‘(3) APPLICABILITY.—The prohibitions estab2 lished under paragraphs (1) and (2) shall only apply

3 to each facility at which the act or conduct of a per4 son who was an owner, lessee, operator, or super5 visor at the time of the conduct giving rise to a con6 viction described in paragraph (1), or a pattern of

7 recurring violations described in paragraph (2), oc8 curred, unless the Administrator determines, based

9 on extraordinary circumstances, that the prohibition

10 shall apply to additional facilities owned, leased, op11 erated, or supervised by an owner, lessee, operator,

12 or supervisor at the time the conduct giving rise to

13 a conviction described in paragraph (1), or a pattern

14 of continuing or recurring violations described in

15 paragraph (2), occurred.

16 ‘‘(4) DURATION.—A prohibition established

17 under this section shall apply with respect to a per18 son until such time as the Administrator certifies

19 that the conditions that gave rise to the conviction

20 described in paragraph (1) or the pattern of recur21 ring violations described in paragraph (2) (including

22 any relevant policies, practices, and procedures con23 cerning environmental compliance), that resulted in

24 the person being subject to the prohibition have been

25 corrected.
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1 ‘‘(5) TERMINATION.—

2 ‘‘(A) IN GENERAL.—Not later than 60

3 days after the date of enactment of this para4 graph, the Administrator shall establish proce5 dures for a person subject to a prohibition

6 under paragraph (1) or (2) to file a petition re7 questing the Administrator to terminate the

8 prohibition.

9 ‘‘(B) RESPONSE TO PETITION.—Not later

10 than 90 days after receipt of a complete peti11 tion from a person subject to a prohibition

12 under paragraph (1) or (2), the Administrator

13 shall respond to the petition. If the Adminis14 trator fails to respond to a petition by the date

15 that is 90 days after the receipt, the failure

16 shall be considered to be final agency action

17 subject to judicial review.

18 ‘‘(6) DISCLOSURE.—Each applicant who seeks

19 to participate in a Federal contract, grant, or loan

20 shall be required as a condition of participation in

21 the contract, grant, or loan, to disclose—

22 ‘‘(A) any conviction described in paragraph

23 (1); or

24 ‘‘(B) any determination by the Adminis25 trator, pursuant to paragraph (2), that the ap-
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1 plicant engaged in a pattern of continuing or

2 recurring violations of the requirements of this

3 Act,

4 to the appropriate official of each appropriate Fed5 eral agency.’’.

6 (10) ADMINISTRATIVE PENALTIES.—

7 (A) IN GENERAL.—Section 309(g)(2)(B)

8 (33 U.S.C. 1319(g)(2)(B)) is amended by strik9 ing ‘‘$125,000’’ and inserting ‘‘$200,000’’.

10 (B) OIL AND HAZARDOUS SUBSTANCE LI11 ABILITY.—Section 311(b)(6)(B)(ii) (33 U.S.C.

12 1321(b)(6)(B)(ii)) is amended by striking

13 ‘‘$125,000’’ and inserting ‘‘$200,000’’.

14 (11) JOINDER.—The first sentence of section

15 309(e) (33 U.S.C. 1319(e)) is amended by striking

16 ‘‘shall’’ and inserting ‘‘may’’.

17 (12) NARRATIVE PERMIT CONDITIONS.—

18 (A) FEDERAL ENFORCEMENT ACTIONS.—

19 Section 309 (33 U.S.C. 1319) is amended by

20 adding the following new subsection:

21 ‘‘(h) DEFINITION OF PERMIT CONDITION.—For pur22 poses of this section, the term ‘permit condition’ includes

23 a narrative condition or limitation requiring compliance

24 with a standard, limitation, or other requirement under

25 section 301, 302, 303, 306, 307, or 405.’’.
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1 (B) CITIZEN SUITS.—Section 505(f)(6)

2 (33 U.S.C. 1365(f)(6)) is amended by inserting

3 after ‘‘permit or condition thereof’’ the follow4 ing: ‘‘, including a narrative condition or limita5 tion requiring compliance with a standard, limi6 tation, or other requirement under section 301,

7 302, 303, 306, 307, or 405,’’.

8 (c) FEDERAL FACILITIES.—

9 (1) IN GENERAL.—Section 313(a) (33 U.S.C.

10 1323(a)) is amended—

11 (A) in the first sentence—

12 (i) by striking ‘‘(1)’’ and inserting

13 ‘‘(A)’’; and

14 (ii) by striking ‘‘(2)’’ and inserting

15 ‘‘(B)’’;

16 (B) by designating the first and second

17 sentences as paragraphs (1) and (2), respec18 tively;

19 (C) by striking the third sentence;

20 (D) by designating the fourth sentence as

21 paragraph (7);

22 (E) by striking the fifth sentence;

23 (F) by designating the sixth through elev24 enth sentences as paragraph (8);
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1 (G) by inserting after paragraph (2) (as

2 designated by subparagraph (B)) the following

3 new paragraphs:

4 ‘‘(3) ADMINISTRATIVE ORDERS AND CIVIL PEN5 ALTIES.—The Federal, State, interstate, and local

6 substantive and procedural requirements, adminis7 trative authority, and process and sanctions referred

8 to in this section shall include—

9 ‘‘(A) any administrative order; and

10 ‘‘(B) any civil or administrative penalty or

11 fine (without regard to whether the penalty or

12 fine is punitive or coercive in nature or is im13 posed for one or more isolated, intermittent, or

14 continuing violations).

15 ‘‘(4) LIMITED WAIVER OF SOVEREIGN IMMU16 NITY.—The United States hereby expressly waives

17 any immunity otherwise applicable to the United

18 States with respect to the substantive and proce19 dural requirements, administrative authority, and

20 process and sanctions referred to in this section (in21 cluding any injunctive relief, administrative order,

22 civil or administrative penalty referred to in para23 graph (3)(B), or reasonable service charge).

24 ‘‘(5) REASONABLE SERVICE CHARGE.—A rea25 sonable service charge referred to in paragraph (4)
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1 includes any fee or charge assessed in connection

2 with—

3 ‘‘(A) the processing and issuance of a

4 permit;

5 ‘‘(B) the renewal of a permit;

6 ‘‘(C) an amendment to a permit;

7 ‘‘(D) the review of a plan, study, or other

8 document;

9 ‘‘(E) the inspection and monitoring of a

10 facility; and

11 ‘‘(F) any other nondiscriminatory charge,

12 that is assessed in connection with a Federal, State,

13 interstate, or local water pollution program.

14 ‘‘(6) LIABILITY OF AGENTS, EMPLOYEES, AND

15 OFFICERS OF THE UNITED STATES.—

16 ‘‘(A) CIVIL PENALTIES.—No agent, em17 ployee, or officer of the United States shall be

18 personally liable for any civil penalty under any

19 Federal, State, interstate, or local water pollu20 tion law with respect to any act or omission

21 within the official duties of the agent, employee,

22 or officer.

23 ‘‘(B) CRIMINAL SANCTIONS.—An agent,

24 employee, or officer of the United States shall

25 be subject to a criminal sanction (including a
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1 fine or imprisonment) under a Federal or State

2 water pollution law, except that no department,

3 agency, or instrumentality of the executive, leg4 islative, or judicial branch of the Federal Gov5 ernment shall be subject to a criminal sanction

6 referred to in this subparagraph.’’; and

7 (H) in paragraph (7) (as designated by

8 subparagraph (D)), by striking ‘‘28 U.S.C.

9 1441 et seq.’’ and inserting ‘‘chapter 89 of title

10 28, United States Code’’.

11 (2) DEFINITION OF PERSON.—Section 502(5)

12 (33 U.S.C. 1362(5)) is amended by striking ‘‘or any

13 interstate body’’ and inserting ‘‘any interstate body,

14 or any department, agency, or instrumentality of the

15 United States’’.

16 (3) CIVIL PENALTY.—Section 311(a)(7) (33

17 U.S.C. 1321(a)(7)) is amended by striking ‘‘and a

18 partnership’’ and inserting ‘‘partnership, or any de19 partment, agency or instrumentality of the United

20 States’’.

21 (4) COMPLIANCE ORDERS.—Section 309 (33

22 U.S.C. 1319), as amended by subsection (b)(12)(A),

23 is further amended by adding at the end the follow24 ing new subsection:
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1 ‘‘(i) COMPLIANCE ORDERS FOR FEDERAL FACILITY

2 ENFORCEMENT.—

3 ‘‘(1) IN GENERAL.—

4 ‘‘(A) AUTHORIZATION.—If on the basis of

5 any information available—

6 ‘‘(i) to the Administrator, the Admin7 istrator determines that any department,

8 agency, or instrumentality of the United

9 States has violated or is in violation of sec10 tion 301, 302, 306, 307, 308, 311, 318, or

11 405, or has violated or is in violation of

12 any permit condition or limitation imple13 menting any of such sections in a permit

14 issued under section 402 by the Adminis15 trator or by a State, or in a permit issued

16 under section 404 by a State, or any re17 quirement imposed under a pretreatment

18 program approved under subsection (a)(3),

19 (b)(8), or (b)(9) of section 402;

20 ‘‘(ii) to the Secretary of the Army, the

21 Secretary of the Army determines that any

22 department, agency, or instrumentality of

23 the United States has violated or is in vio24 lation of—
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1 ‘‘(I) section 301 with regard to a

2 discharge of dredged or fill material;

3 or

4 ‘‘(II) any condition or limitation

5 in a permit issued by the Secretary

6 under section 404; or

7 ‘‘(iii) to the Secretary of the Depart8 ment in which the Coast Guard is operat9 ing, the Secretary determines that any de10 partment, agency, or instrumentality of the

11 United States has violated section 311 or

12 any regulation implementing such section,

13 the Administrator or Secretary, as applicable,

14 may issue an order to assess a civil or adminis15 trative penalty for any past or current violation,

16 or to require compliance immediately or within

17 a specified time period, or both.

18 ‘‘(B) CONTENTS OF ORDER.—

19 ‘‘(i) IN GENERAL.—Any order issued

20 pursuant to this subsection—

21 ‘‘(I) by the Administrator, may

22 include a suspension or revocation of

23 any permit issued by the Adminis24 trator or a State under section 402 or

25 404;
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1 ‘‘(II) by the Secretary of the

2 Army, may include a suspension or

3 revocation of any permit issued by the

4 Secretary of the Army under section

5 404; and

6 ‘‘(III) shall state with reasonable

7 specificity the nature of the violation.

8 ‘‘(ii) MAXIMUM PENALTY AMOUNT.—

9 Any penalty assessed in an order issued

10 pursuant to this subsection may not exceed

11 $25,000 per day for each violation.

12 ‘‘(2) PUBLIC HEARING.—

13 ‘‘(A) IN GENERAL.—Any order issued pur14 suant to this subsection shall become final un15 less, not later than 30 days after the order is

16 served, the department, agency, or instrumen17 tality of the United States named in the order

18 requests a public hearing. If the request is

19 made, the Administrator or Secretary, as appli20 cable, shall promptly conduct a public hearing

21 in accordance with section 554 of title 5,

22 United States Code.

23 ‘‘(B) SUBPOENAS AND DISCOVERY.—In

24 connection with any proceeding under this sub-
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1 section, the Administrator or Secretary, as ap2 plicable, may—

3 ‘‘(i) issue a subpoena for the attend4 ance and testimony of a witness or the

5 production of a relevant paper, book, or

6 document; and

7 ‘‘(ii) promulgate rules for discovery

8 procedures.

9 ‘‘(3) VIOLATION OF ORDERS.—If a violator fails

10 to take corrective action within the period specified

11 in an order issued under this subsection—

12 ‘‘(A) the Administrator or Secretary, as

13 applicable, may assess a civil penalty of not

14 more than $25,000 for each day of continued

15 noncompliance with the order; and

16 ‘‘(B)(i) the Administrator may suspend or

17 revoke the permit issued pursuant to section

18 402 or 404 that is the subject of the order,

19 without regard to whether the permit is issued

20 by the Administrator or a State; and

21 ‘‘(ii) the Secretary of the Army may sus22 pend or revoke the permit issued pursuant to

23 section 404.

24 ‘‘(4) DETERMINING AMOUNT OF PENALTY.—In

25 determining the amount of a penalty assessed under
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1 this section, the Administrator or Secretary, as ap2 plicable, shall consider the seriousness of each viola3 tion, the economic benefit or savings to the violator

4 (if any) resulting from the violation, any previous

5 violations, any good-faith efforts to avoid noncompli6 ance or to comply with the applicable requirements,

7 any penalty previously imposed by a court or admin8 istrative agency for the same violation, and such

9 other matters in mitigation and aggravation as jus10 tice may require.

11 ‘‘(5) LIMITATION ON ACTIONS AND RIGHTS OF

12 INTERESTED PERSONS.—

13 ‘‘(A) IN GENERAL.—Any violation with re14 spect to which the Administrator or the Sec15 retary, as applicable, has commenced and is

16 diligently prosecuting an action under this sub17 section, or for which the Administrator or the

18 Secretary has issued a final order and the viola19 tor has paid a penalty assessed under this sub20 section within the period allowed for payment of

21 the penalty, shall not be the subject of a civil

22 enforcement action under section 505.

23 ‘‘(B) PUBLIC NOTICE.—Before issuing an

24 order under this subsection, the Administrator

25 or Secretary, as the case may be, shall provide
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1 public notice of, and reasonable opportunity to

2 comment on, the proposed order.

3 ‘‘(C) RIGHTS OF INTERESTED PERSONS TO

4 A HEARING.—If no hearing is held under para5 graph (2), any person who commented on a

6 proposed order may, not later than 30 days

7 after the issuance of the order, petition the Ad8 ministrator or the Secretary, as the case may

9 be, to set aside the order and to provide a hear10 ing on the order. If the evidence presented by

11 the petitioner in support of the petition is mate12 rial and was not considered before the issuance

13 of the order, the Administrator or the Secretary

14 shall immediately set aside the order and pro15 vide a hearing in accordance with paragraph

16 (2). If the Administrator or the Secretary de17 nies a hearing under this subparagraph, the

18 Administrator or the Secretary shall provide to

19 the petitioner, and publish in the Federal Reg20 ister, notice of and reasons for the denial.

21 ‘‘(6) CITIZENS’ CIVIL ACTION.—Any person

22 may commence a civil action on his or her own be23 half against—

24 ‘‘(A) any Federal agency that is alleged to

25 have violated or to be in violation of any order
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1 issued by the Administrator or the Secretary

2 under this title; or

3 ‘‘(B) any Federal agency that fails, within

4 1 year of the effective date of a final order, to

5 pay a penalty assessed by the Administrator or

6 the Secretary pursuant to this subsection, to

7 pay the penalty.

8 ‘‘(7) CONSTRUCTION.—Nothing in this sub9 section is intended to be construed to limit the au10 thority of the Administrator to take enforcement ac11 tion against a Federal agency under any other provi12 sion of this title.’’.

13 (d) EMERGENCY POWERS.—Section 504 (33 U.S.C.

14 1364) is amended—

15 (1) in subsection (a)—

16 (A) by inserting after ‘‘(a)’’ the following

17 new subsection heading: ‘‘IN GENERAL.—’’;

18 (B) by striking ‘‘is presenting’’ and insert19 ing ‘‘may present’’;

20 (C) by inserting ‘‘, whether actual or

21 threatened,’’ after ‘‘substantial endangerment’’;

22 and

23 (D) by striking ‘‘may bring suit’’ and all

24 that follows through the end of the sentence
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1 and inserting the following: ‘‘or to the environ2 ment, the Administrator may—

3 ‘‘(1) issue such orders, or take such action, as

4 may be necessary to protect public health or welfare

5 or the environment; and

6 ‘‘(2) bring suit on behalf of the United States

7 in a district court of the United States of appro8 priate jurisdiction against any person who causes or

9 contributes to the alleged pollution or threat of pol10 lution to—

11 ‘‘(A) immediately restrain the person from

12 discharging or threatening to discharge each

13 pollutant causing or contributing to the pollu14 tion;

15 ‘‘(B) order the person to take such other

16 action as may be necessary; or

17 ‘‘(C) take action under both subparagraphs

18 (A) and (B).’’; and

19 (2) by adding at the end the following new sub20 sections:

21 ‘‘(b) ADDITIONAL ACTION.—The Administrator may

22 take additional action under this section, including issuing

23 such orders as may be necessary to protect public health

24 or welfare or the environment.
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1 ‘‘(c) ENFORCEMENT OF ORDERS.—The Adminis2 trator may bring a civil action to enforce an order issued

3 by the Administrator under this section. Any person who

4 violates or fails or refuses to comply with an order of the

5 Administrator issued under this section may be subject to

6 a civil penalty under section 309(d) for each day during

7 which the violation occurs or the failure or refusal to com8 ply continues.’’.

9 (e) ADMINISTRATIVE AMENDMENTS.—

10 (1) REQUIREMENT FOR CONSULTATION ON AD11 MINISTRATIVE ORDERS.—Section 309(g) (33 U.S.C.

12 1319(g)) is amended by inserting after paragraph

13 (11) the following new paragraph:

14 ‘‘(12) CONSULTATION.—The failure of the Ad15 ministrator to consult with a State concerning a vio16 lation of an order pursuant to paragraph (1) may

17 not constitute a defense in any action to assess a

18 civil penalty under this subsection and may not in19 validate the assessment of any penalty under this

20 subsection.’’.

21 (2) EFFECT OF STATE ENFORCEMENT AC22 TIONS.—Section 309(g)(6)(A) (33 U.S.C.

23 1319(g)(6)(A)) is amended—

24 (A) in clause (i), by adding ‘‘or’’ at the

25 end;
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1 (B) by striking clause (ii);

2 (C) by redesignating clause (iii) as clause

3 (ii); and

4 (D) in clause (ii) (as so redesignated)—

5 (i) by striking ‘‘, the Secretary, or the

6 State’’ and inserting ‘‘or the Secretary’’;

7 and

8 (ii) by striking ‘‘or such comparable

9 State law, as the case may be,’’.

10 (3) SINGLE OPERATIONAL UPSETS.—

11 (A) CRIMINAL PENALTIES.—Section

12 309(c) (33 U.S.C. 1319(c)), as amended by

13 subsection (b)(1)(C), is further amended—

14 (i) by striking paragraph (5); and

15 (ii) by redesignating paragraphs (6),

16 (7), and (8) as paragraphs (5), (6), and

17 (7), respectively.

18 (B) CIVIL PENALTIES.—Paragraph (1) of

19 section 309(d) (33 U.S.C. 1319(d)), as des20 ignated by subsection (b)(1)(A)(i), is amended

21 by striking ‘‘For purposes of this subsection, a

22 single operational upset which leads to simulta23 neous violations of more than one pollutant pa24 rameter shall be treated as a single violation.’’.
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1 (C) ADMINISTRATIVE PENALTIES.—Section

2 309(g)(3) (33 U.S.C. 1319(g)(3)) is amended

3 by striking ‘‘For purposes of this subsection, a

4 single operational upset which leads to simulta5 neous violations of more than one pollutant pa6 rameter shall be treated as a single violation.’’.

7 (4) OBTAINING INFORMATION.—

8 (A) IN GENERAL.—Subsection (a) of sec9 tion 308 (33 U.S.C. 1318(a)) is amended to

10 read as follows:

11 ‘‘(a) IN GENERAL.—

12 ‘‘(1) DUTIES OF THE ADMINISTRATOR.—When13 ever the Administrator is required to carry out the

14 objective of this Act (as described in section 101(a)),

15 including—

16 ‘‘(A) developing or assisting in the develop17 ment of an effluent limitation, or other limita18 tion, prohibition, or effluent standard,

19 pretreatment standard, or standard of perform20 ance under this Act;

21 ‘‘(B) determining whether any person is in

22 violation of an effluent limitation, or other limi23 tation, prohibition, effluent standard,

24 pretreatment standard, or standard of perform25 ance, or is causing or contributing to the
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1 exceedance of a water quality standard, under

2 this Act;

3 ‘‘(C) a requirement established under this

4 section; or

5 ‘‘(D) carrying out sections 305, 311, 402,

6 404 (relating to State permit programs), 405,

7 and 504,

8 the Administrator may require a person subject to a

9 requirement of this Act to meet the requirements of

10 paragraph (2) relating to the provision of informa11 tion to the Administrator if the Administrator deter12 mines that the information is relevant to the imple13 mentation of this Act.

14 ‘‘(2) REQUIREMENTS.—In each case described

15 in paragraph (1), the Administrator may require a

16 person subject to a requirement of this Act to—

17 ‘‘(A) establish and maintain such records;

18 ‘‘(B) make such reports;

19 ‘‘(C) install, use, and maintain such mon20 itoring equipment or methods (including, if ap21 propriate, biological monitoring methods);

22 ‘‘(D) sample such effluents and affected

23 receiving waters (in accordance with such meth24 ods, at such locations, at such intervals, and in
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•S 2093 PCS

1 such manner as the Administrator may pre2 scribe);

3 ‘‘(E) provide such data as is necessary to

4 support the development of water quality cri5 teria for a pollutant present in the discharge of

6 the owner or operator; and

7 ‘‘(F) provide such other information,

8 as the Administrator may reasonably require.

9 ‘‘(3) INSPECTION.—The Administrator or an

10 authorized representative of the Administrator (in11 cluding an authorized contractor acting as a rep12 resentative of the Administrator) on presentation

13 of the credentials of the Administrator or representa14 tive—

15 ‘‘(A) shall have a right of entry to, upon,

16 or through any premises in which an effluent

17 source is located or in which any records re18 quired to be maintained under paragraph (2)

19 are located; and

20 ‘‘(B) may at reasonable times have access

21 to and copy any records, inspect any monitoring

22 equipment or method required under paragraph

23 (2), and sample any effluents that the owner or

24 operator of the source is required to sample

25 under such paragraph.’’.
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1 (B) PUBLIC ACCESS.—The first sentence

2 of section 308(b) (33 U.S.C. 1318(b)) is

3 amended—

4 (i) by inserting after ‘‘obtained under

5 this section’’ the following: ‘‘, including in6 formation contained in the Permit Compli7 ance System,’’; and

8 (ii) by inserting after ‘‘shall be avail9 able to the public’’ the following: ‘‘by com10 puter telecommunications and other

11 means, on a cost reimbursable basis’’.

12 (C) TECHNICAL AMENDMENTS.—Section

13 308 (33 U.S.C. 1318) is amended—

14 (i) in subsection (b), by inserting

15 ‘‘RECORDS; REPORTS; INFORMATION.—’’

16 after ‘‘(b)’’; and

17 (ii) in subsection (c), by inserting

18 ‘‘PROCEDURES.—’’ after ‘‘(c)’’.

19 (5) SUBPOENAS.—The first sentence of section

20 509(a)(1) (33 U.S.C. 1369(a)(1)) is amended—

21 (A) by striking ‘‘305’’ and inserting

22 ‘‘308’’; and

23 (B) by inserting ‘‘or any enforcement ac24 tivity under this Act’’ after ‘‘section 507(e) of

25 this Act’’.
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1 (f) TECHNICAL AMENDMENTS.—

2 (1) Section 309(g)(2) (33 U.S.C. 1319(g)(2)) is

3 amended—

4 (A) in subparagraph (A), by inserting ‘‘day

5 for each’’ after ‘‘exceed $10,000 per’’; and

6 (B) in the first sentence of subparagraph

7 (B), by striking ‘‘for each day during which the

8 violation continues’’ and inserting ‘‘for each

9 violation’’.

10 (2) Section 505(f)(7) (33 U.S.C. 1365(f)(7)) is

11 amended by striking the comma before the period at

12 the end.

13 (3) Section 309(d) (33 U.S.C. 1319(d)) is

14 amended by striking ‘‘under section 404 of this Act

15 by a State,,’’ and inserting ‘‘under section 404 of

16 this Act by a State,’’.

17 TITLE VI—PROGRAM

18 MANAGEMENT

19 SEC. 601. WATER PROGRAM RESEARCH.

20 (a) GENERAL AUTHORITY.—Subsection (a) of section

21 104 (33 U.S.C. 1254(a)) is amended to read as follows:

22 ‘‘(a) WATER PROGRAM RESEARCH.—

23 ‘‘(1) IN GENERAL.—In cooperation with Fed24 eral, State, and local agencies, public or private in25 stitutions, organizations, and individuals, the Ad-
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1 ministrator shall conduct and promote a comprehen2 sive program of research, investigations, experi3 ments, surveys, and studies relating to the causes,

4 sources, effects, extent, prevention, detection, and

5 correction of water pollution.

6 ‘‘(2) CONTENTS OF RESEARCH PROGRAM.—In

7 carrying out this section, the Administrator is

8 authorized to—

9 ‘‘(A) collect and make available, through

10 publications and other appropriate means, the

11 results of research conducted pursuant to this

12 section;

13 ‘‘(B) encourage, cooperate with, and

14 render technical services to pollution control

15 agencies and other appropriate public or private

16 institutions, organizations, and individuals;

17 ‘‘(C) conduct investigations concerning the

18 pollution of any water and report on the results

19 of the investigations;

20 ‘‘(D) conduct research with respect to, and

21 make surveys concerning, the nationwide extent

22 and seriousness of pollution or causes of pollu23 tion in water;

24 ‘‘(E) develop, assess, collect, and dissemi25 nate basic data on—
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1 ‘‘(i) the chemical, physical, and bio2 logical effects of variations in water qual3 ity; and

4 ‘‘(ii) other information relating to

5 water pollution and the prevention, reduc6 tion, and elimination of water pollution;

7 ‘‘(F) develop effective and practical proc8 esses, methods, and prototype devices for the

9 prevention, reduction, and elimination of water

10 pollution;

11 ‘‘(G) make grants to State water pollution

12 control agencies, interstate agencies, other pub13 lic or nonprofit private agencies, institutions,

14 organizations, and individuals to conduct re15 search pursuant to this section;

16 ‘‘(H) contract with public or private agen17 cies, institutions, organizations, and individuals,

18 without regard to section 3709 of the Revised

19 Statutes (41 U.S.C. 5) and subsections (a) and

20 (b) of section 3324 of title 31, United States

21 Code, to conduct research pursuant to this

22 section;

23 ‘‘(I) utilize, on a reimbursable basis, facili24 ties and personnel of Federal scientific labora25 tories and research centers;
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1 ‘‘(J) convene conferences concerning water

2 quality and water pollution control research is3 sues, and provide an opportunity for interested

4 persons to be heard and to present papers at

5 the conferences; and

6 ‘‘(K) acquire secret processes, technical

7 data, inventions, patent applications, patents, li8 censes, interests in lands, plants, equipment,

9 and facilities, and other property rights by pur10 chase, license, lease, or donation.’’.

11 (b) WATER RESEARCH ADVISORY COMMITTEE.—

12 Subsection (b) of section 104 (33 U.S.C. 1254(b)) is

13 amended to read as follows:

14 ‘‘(b) LIVING RESOURCES.—The Administrator, in co15 operation with the Director of the United States Fish and

16 Wildlife Service, the Administrator of the National Oce17 anic and Atmospheric Administration, and officials of

18 other appropriate Federal agencies, shall conduct research

19 with respect to, an investigation of, and survey the results

20 of other scientific studies on, the harmful effects on the

21 health and habitat of fish, shellfish, and wildlife caused

22 by pollutants in water.’’.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—Section

24 104(u) (33 U.S.C. 1254(u)) is amended by adding at the

25 end the following new sentences: ‘‘There are authorized
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1 to be appropriated to the Environmental Protection Agen2 cy to carry out this section such sums as may be necessary

3 for fiscal year 1994 and $50,000,000 for each of fiscal

4 years 1995 through 2000. Of the sums made available

5 pursuant to the preceding sentence for each fiscal year,

6 the Administrator shall reserve not less than $500,000 for

7 the operation of the small flows clearinghouse established

8 pursuant to subsection (q)(4).’’.

9 (d) TECHNICAL AMENDMENTS.—Section 104 (33

10 U.S.C. 1254) is amended—

11 (1) in subsection (c), by striking ‘‘Health, Edu12 cation, and Welfare’’ and inserting ‘‘Health and

13 Human Services’’;

14 (2) by striking subsection (g) and inserting the

15 following new subsection:

16 ‘‘(g) RESEARCH FELLOWSHIPS.—The Administrator

17 shall establish and maintain research fellowships with such

18 stipends and allowances, including travel and subsistence

19 expenses, as the Administrator considers necessary to

20 procure the assistance of the most promising research

21 fellows.’’;

22 (3) in subsection (p), by striking all after ‘‘pol23 lution from’’ and inserting the following: ‘‘nonpoint

24 sources of pollution, including agriculture, urban

25 runoff, construction activities, hydromodification,
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1 forest harvesting activities, mine runoff, and salt2 water intrusion.’’;

3 (4) in subsection (q)(3)(A), by striking ‘‘sub4 section (e)(2) of’’; and

5 (5) in subsection (s)—

6 (A) by striking ‘‘The Administrator is au7 thorized to make grants to one or more institu8 tions of higher education (regionally located and

9 to be designated as ‘River Studies Centers’) for

10 the purpose of conducting and reporting on’’

11 and inserting ‘‘The Administrator, in coopera12 tion with the Director of the United States Ge13 ological Survey, the heads of other Federal

14 agencies, and the States, shall conduct re15 search, investigations, and’’; and

16 (B) by striking the last sentence.

17 SEC. 602. STATE CERTIFICATION.

18 The first sentence of section 401(a) (33 U.S.C.

19 1341(a)(1)) is amended by inserting before the period at

20 the end the following: ‘‘and that any such activity will

21 comply with water quality standards adopted under sec22 tion 303 and allow for the protection, attainment, and

23 maintenance of designated and existing uses included in

24 the standards’’.
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1 SEC. 603. EMPLOYEE PROTECTION.

2 Section 507 (33 U.S.C. 1367) is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘fire’’ and inserting ‘‘dis5 charge, discipline’’; and

6 (B) by striking ‘‘fired’’ and inserting ‘‘dis7 charged, disciplined,’’;

8 (2) by striking subsections (b) and (c);

9 (3) by redesignating subsections (d) and (e) as

10 subsections (e) and (f), respectively; and

11 (4) by inserting after subsection (a) the follow12 ing new subsections:

13 ‘‘(b) EMPLOYEE’S FAILURE TO PERFORM CERTAIN

14 DUTIES.—

15 ‘‘(1) IN GENERAL.—

16 ‘‘(A) IN GENERAL.—No person shall dis17 charge, discipline, or otherwise discriminate

18 against, or cause to be discharged, disciplined,

19 or discriminated against, any employee on the

20 ground that the employee refuses to perform

21 the duties of the employee, if—

22 ‘‘(i) performing the duties would con23 stitute a violation of this Act or a regula24 tion issued under this Act; or

25 ‘‘(ii) the employee reasonably believes

26 (consistent with subparagraph (B)) that
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1 performing the duties would constitute a

2 violation of this Act or a regulation issued

3 under this Act and result in serious injury

4 to the public.

5 ‘‘(B) REASONABLE BELIEF.—For the pur6 pose of subparagraph (A)(ii), an employee shall

7 be considered to reasonably believe that per8 forming the duties would constitute a violation

9 of this Act or a regulation issued under this Act

10 and result in serious injury to the public if the

11 circumstances causing the belief are of such na12 ture as a reasonable person, in the situation of

13 the employee, would conclude that performing

14 the duties would constitute a violation of this

15 Act or a regulation issued under this Act and

16 that there is a bona fide danger that an acci17 dent, injury, or serious impairment to human

18 health or the environment will result from the

19 circumstances.

20 ‘‘(2) ATTEMPT TO OBTAIN CORRECTION.—In

21 order to qualify for protection under this subsection,

22 the employee shall, if practicable, have sought from

23 the employer of the employee, and have been unable

24 to obtain, a correction of the circumstances causing

25 the refusal to perform the duties of the employee.
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1 ‘‘(c) FILING OF COMPLAINT.—

2 ‘‘(1) IN GENERAL.—An employee who believes

3 that the employee, or an authorized representative of

4 employees who believes that an employee, has been

5 discharged, disciplined, or otherwise discriminated

6 against by a person in violation of subsection (a) or

7 (b) may, not later than 180 days after the date on

8 which the alleged discharge, discipline, or discrimi9 nation (referred to in this section as the ‘violation’)

10 occurs, file (or have filed by a person on behalf of

11 the employee) a complaint with the Secretary of

12 Labor (referred to in this section as the ‘Secretary’)

13 alleging the violation. Upon receipt of the complaint,

14 the Secretary shall notify the person alleged in the

15 complaint to have committed the violation of the fil16 ing of the complaint.

17 ‘‘(2) ORDERS BY THE SECRETARY.—

18 ‘‘(A) ACTION BY THE SECRETARY.—

19 ‘‘(i) IN GENERAL.—Not later than 60

20 days after the receipt of a complaint filed

21 under paragraph (1) by an employee or

22 representative (referred to in this section

23 as the ‘complainant’), the Secretary

24 shall—
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1 ‘‘(I) conduct an investigation of

2 the complaint;

3 ‘‘(II) determine whether there is

4 reasonable cause to believe that a vio5 lation has occurred;

6 ‘‘(III) notify the complainant,

7 and the person alleged to have com8 mitted the violation, of the findings of

9 the Secretary under this clause; and

10 ‘‘(IV) if the Secretary determines

11 that there is reasonable cause to be12 lieve that a violation has occurred, in13 clude in the notification a preliminary

14 order requiring corrective action in ac15 cordance with subparagraph (C).

16 ‘‘(ii) FILING OF OBJECTIONS.—Not

17 later than 30 days after the date of the is18 suance of a preliminary order under clause

19 (i)(IV), the person alleged to have commit20 ted the violation or the complainant may

21 file objections to the findings or prelimi22 nary order, or both, and request a hearing

23 on the record. The filing of the objections

24 shall not result in a stay of any reinstate25 ment required under the preliminary order.
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1 ‘‘(iii) HEARINGS.—

2 ‘‘(I) TIMELY REQUEST.—If a

3 hearing is timely requested in accord4 ance with clause (ii), the Secretary

5 shall hold a hearing on the record as

6 soon as practicable after the request.

7 ‘‘(II) NO TIMELY REQUEST.—If a

8 hearing is not timely requested, the

9 preliminary order shall be deemed to

10 be a final order that is not subject to

11 judicial review.

12 ‘‘(iv) ISSUANCE OF FINAL ORDER.—

13 The Secretary shall issue a final order in

14 accordance with subparagraph (B) not

15 later than 120 days after the conclusion of

16 a hearing held under clause (iii)(I).

17 ‘‘(v) SETTLEMENT.—Prior to the date

18 of the issuance of a final order under

19 clause (iv), the proceedings under this sub20 paragraph may be terminated at any time

21 on the basis of a settlement agreement en22 tered into by the Secretary, the complain23 ant, and the person alleged to have com24 mitted the violation.
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1 ‘‘(B) REQUIREMENT OF CORRECTIVE AC2 TION.—A final order issued under subpara3 graph (A)(iv) shall require corrective action, in

4 accordance with subparagraph (C), if the com5 plainant demonstrates that an employee action

6 or refusal described in subsection (a) or (b) was

7 a contributing factor in a personnel action that

8 was taken or is about to be taken against the

9 complainant, unless the person alleged to have

10 committed the violation demonstrates by clear

11 and convincing evidence that the same person12 nel action would have been taken in the absence

13 of the action or refusal of the complainant.

14 ‘‘(C) TYPES OF CORRECTIVE ACTION.—If,

15 in response to a complaint filed under para16 graph (1), the Secretary determines that a vio17 lation has occurred, the Secretary shall order

18 the person who committed the violation to—

19 ‘‘(i) take affirmative action to abate

20 the violation;

21 ‘‘(ii) reinstate the complainant to the

22 former position of the complainant, includ23 ing the compensation (including back pay),

24 terms, conditions, and privileges of the em25 ployment of the complainant; and
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1 ‘‘(iii) pay compensatory damages to

2 the complainant.

3 ‘‘(D) PAYMENT OF COSTS AND EX4 PENSES.—In addition to ordering any of the

5 remedies referred to in subparagraph (C), if the

6 Secretary issues an order pursuant to such sub7 paragraph, the Secretary may, at the request of

8 the complainant, order the person who commit9 ted the violation to pay to the complainant an

10 amount equal to the aggregate amount of all

11 costs and expenses (including attorney’s fees)

12 reasonably incurred (as determined by the Sec13 retary) by the complainant for, or in connection

14 with, the bringing of the complaint with respect

15 to which the order was issued.

16 ‘‘(d) JUDICIAL ACTION.—

17 ‘‘(1) JUDICIAL REVIEW.—

18 ‘‘(A) IN GENERAL.—Not later than 60

19 days after the date of the issuance of an order

20 issued after a hearing held under subsection

21 (c)(2)(A)(iii)(I), a person adversely affected or

22 aggrieved by the order may file a petition for

23 review of the order in the United States Court

24 of Appeals for the circuit in which the violation,

25 with respect to which the order was issued, al-
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1 legedly occurred, or the circuit in which the per2 son resided on the date of the alleged violation.

3 The court shall review the order in accordance

4 with chapter 7 of title 5, United States Code.

5 ‘‘(B) NO OTHER JUDICIAL REVIEW.—If re6 view of an order referred to in subparagraph

7 (A) is not obtained in accordance with this

8 paragraph, the order shall not be subject to ju9 dicial review.

10 ‘‘(2) ACTIONS TO ENFORCE ORDERS.—

11 ‘‘(A) IN GENERAL.—If a person fails to

12 comply with an order issued under subsection

13 (c)(2), the Secretary shall bring a civil action to

14 enforce the order in the district court of the

15 United States for the district in which the Sec16 retary found that the violation occurred. The

17 court shall hear and decide the action.

18 ‘‘(B) AUTHORITY OF COURT.—In an action

19 brought under this paragraph, the district court

20 shall have jurisdiction to grant all appropriate

21 relief, including injunctive relief, reinstatement,

22 and compensatory damages.’’.
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1 SEC. 604. REPORTS TO CONGRESS.

2 (a) CLEAN WATER REPORT.—Subsections (a) and

3 (b) of section 516 (33 U.S.C. 1375) are amended to read

4 as follows:

5 ‘‘(a) CLEAN WATER REPORT.—

6 ‘‘(1) IN GENERAL.—On January 1 of the year

7 following the date of enactment of subparagraph

8 (A), and every 2 years thereafter, the Administrator

9 shall submit to Congress a report on measures taken

10 toward the implementation of the goals and objec11 tives of this Act, including—

12 ‘‘(A) a summary of the results achieved in

13 the field of water pollution control research,

14 demonstrations, experiments, studies, and relat15 ed matters;

16 ‘‘(B) a summary of the status of tech17 nology-based water pollution controls;

18 ‘‘(C) a summary of the development of pol19 lutant criteria documents and the adoption of

20 water quality and sediment quality standards;

21 ‘‘(D) an assessment of progress in the de22 velopment of effluent limitations pursuant to

23 sections 301, 304, 306, and 307;

24 ‘‘(E) a description of State nonpoint

25 source pollution control programs;
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1 ‘‘(F) a description and assessment of the

2 comprehensive watershed plans developed and

3 implemented pursuant to section 321;

4 ‘‘(G) a description of—

5 ‘‘(i) activities that are subject to a

6 permit under section 404; and

7 ‘‘(ii) other activities that may have an

8 impact on wetlands;

9 ‘‘(H) an assessment of progress made to10 ward achieving the goals established in section

11 101(a)(8);

12 ‘‘(I) an assessment of the progress made in

13 the identification of and development of pro14 grams for water quality problem areas, includ15 ing—

16 ‘‘(i) the national estuary program es17 tablished under section 320;

18 ‘‘(ii) the Great Lakes program estab19 lished under section 118;

20 ‘‘(iii) the Chesapeake Bay program es21 tablished under section 117; and

22 ‘‘(iv) other programs that the Admin23 istrator considers appropriate;

24 ‘‘(J) a description of alternative require25 ments for effluent discharges established under
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1 section 301 or 307 (including any alternative

2 requirement established under section 301(b)(2)

3 or 307(b) on the basis of fundamentally dif4 ferent factors (as described in section 301(d));

5 ‘‘(K) a description of activities relating to

6 wastewater treatment operator training and

7 certification;

8 ‘‘(L) an assessment of State water pollu9 tion control programs (including an assessment

10 of the adequacy of State resources and the

11 timeliness of permit decisions and other actions

12 by the State authorized under this Act);

13 ‘‘(M)(i) an identification and assessment of

14 noncompliance with the enforceable require15 ments of this Act (including an assessment of

16 noncompliance by Federal facilities); and

17 ‘‘(ii) a description of all enforcement ac18 tions pending or completed under this Act dur19 ing the 2-year period immediately preceding the

20 date of the report;

21 ‘‘(N) an assessment of the implementation

22 of water quality projects, programs, and activi23 ties on Federal Indian reservations, including

24 the treatment of Indian tribes as States;

25 ‘‘(O) an assessment of—
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1 ‘‘(i) the costs imposed on the States

2 and political subdivisions of the States

3 with respect to implementing and carrying

4 out programs pursuant to this Act; and

5 ‘‘(ii) the extent to which the costs re6 ferred to in clause (i) have been offset by

7 funds made available to the States and po8 litical subdivisions of the States pursuant

9 to funds made available by appropriations

10 authorized under this Act; and

11 ‘‘(P) recommendations concerning improve12 ments to the water quality programs authorized

13 by this Act.

14 ‘‘(2) CONSULTATION BY ADMINISTRATOR.—The

15 Administrator shall consult with appropriate officials

16 of other Federal agencies, State water pollution con17 trol agencies, and Indian tribes in the development

18 of the report required under this subsection.

19 ‘‘(b) WATER QUALITY INFRASTRUCTURE NEEDS

20 ASSESSMENT.—

21 ‘‘(1) IN GENERAL.—The Administrator shall

22 conduct a comprehensive assessment of the cost of

23 construction of facilities that are—

24 ‘‘(A) eligible to receive assistance under

25 title VI; and
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1 ‘‘(B) needed to accomplish the water qual2 ity goals of this Act.

3 ‘‘(2) CONTENTS OF ASSESSMENT.—The assess4 ment under this subsection shall, at a minimum, de5 scribe—

6 ‘‘(A) on a national basis, and for each

7 State, the cost of construction for the rehabili8 tation, replacement, and upgrading of publicly

9 owned treatment works in existence during the

10 calendar year that is 2 years before the date of

11 the report, including an estimate of the portion

12 of the costs associated with meeting the en13 forceable requirements of this Act;

14 ‘‘(B) on a national basis, and for each

15 State, the cost of construction of expanded or

16 new publicly owned treatment works, including

17 an estimate of the portion of the costs associ18 ated with meeting the requirements of this Act;

19 ‘‘(C) the cost of implementing plans for

20 the elimination of combined stormwater and

21 sanitary sewer overflows developed pursuant to

22 section 406, including any additional treatment

23 needed to ensure compliance with water quality

24 standards;
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1 ‘‘(D) the portion of the costs described in

2 subparagraphs (A), (B), and (C) associated

3 with treatment works serving fewer than 2,500

4 individuals;

5 ‘‘(E) the cost to Federal, State, and local

6 governments and other persons of the construc7 tion of measures to control nonpoint sources of

8 pollution implemented in accordance with pro9 grams developed pursuant to section 319;

10 ‘‘(F) the cost of construction of measures

11 and facilities required to comply with permits

12 for the control of municipal discharges of

13 stormwater;

14 ‘‘(G) the cost of implementation of con15 servation and management plans approved pur16 suant to section 320(f);

17 ‘‘(H) the cost of implementation of

18 Lakewide Management Plans and Remedial Ac19 tion Plans developed pursuant to section 118;

20 ‘‘(I) the cost of implementation of clean

21 lakes projects pursuant to section 314; and

22 ‘‘(J) the cost of implementation of water23 shed management plans approved by the Ad24 ministrator pursuant to section 321.
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1 ‘‘(3) SUBMISSION OF ASSESSMENT.—Not later

2 than 2 years after the date of enactment of this

3 paragraph, and every 2 years thereafter, the Admin4 istrator shall submit the assessment required under

5 this subsection to Congress.’’.

6 (b) ELIMINATION OF OTHER REPORTS.—

7 (1) GREAT LAKES.—Section 118(c) (33 U.S.C.

8 1268(c)) is amended—

9 (A) by striking paragraph (10); and

10 (B) by redesignating paragraph (11) as

11 paragraph (10).

12 (2) OPERATION OF PUBLICLY OWNED TREAT13 MENT WORKS.—Title II (33 U.S.C. 1281 et seq.) is

14 amended by striking section 210 and inserting ‘‘Sec15 tion 210. RESERVED.’’.

16 (3) ALTERNATIVE DISCHARGE REQUIRE17 MENTS.—Section 301(n) (33 U.S.C. 1311(n)) is

18 amended by striking paragraph (8).

19 (4) CONDITION OF LAKES.—Section 314 (33

20 U.S.C. 1324) is amended—

21 (A) in subsection (a)—

22 (i) by striking paragraph (3); and

23 (ii) by redesignating paragraph (4) as

24 paragraph (3); and

25 (B) in subsection (d)—
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1 (i) by striking paragraph (3); and

2 (ii) by redesignating paragraph (4) as

3 paragraph (3).

4 (5) FEDERAL PROCUREMENT.—Section 508 (33

5 U.S.C. 1368) is amended by striking subsection (e).

6 SEC. 605. DEFINITIONS.

7 (a) DEFINITION OF POINT SOURCE.—Section

8 502(14) (33 U.S.C. 1362(14)) is amended by adding at

9 the end the following new sentence: ‘‘The term shall in10 clude a landfill leachate collection system.’’.

11 (b) CONFORMING AMENDMENT.—Section 507 of the

12 Water Quality Act of 1987 (33 U.S.C. 1362 note) is

13 repealed.

14 (c) PUBLICLY OWNED TREATMENT WORKS.—Sec15 tion 502 (33 U.S.C. 1362) is amended by adding at the

16 end the following new paragraph:

17 ‘‘(21) PUBLICLY OWNED TREATMENT WORKS.—

18 As used in titles I, III, and IV, and this title, the

19 term ‘publicly owned treatment works’ means a de20 vice or system used in the collection, storage, treat21 ment, recycling, or reclamation of municipal

22 wastewater (or a mixture of municipal wastewater

23 and industrial wastes of a liquid nature) with re24 spect to which all or part of the device or system—
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1 ‘‘(A) was constructed and is owned or op2 erated by a State or municipality;

3 ‘‘(B) was constructed prior to the date of

4 enactment of this paragraph, owned, or oper5 ated by a State or municipality and the owner6 ship has been transferred (in whole or in part)

7 to a private entity; or

8 ‘‘(C) is owned or operated by a private en9 tity, is located at other than an industrial facil10 ity, and is designed and constructed principally

11 to treat domestic wastewater from residential

12 and commercial sources and, with respect to in13 dustrial wastes, is carrying out a pretreatment

14 program meeting all requirements established

15 under section 307 and paragraphs (8) and (9)

16 of section 402(b) for pretreatment programs

17 (whether or not the treatment works would be

18 required to implement a pretreatment program

19 pursuant to those sections).’’.

20 SEC. 606. INDIAN PROGRAMS.

21 (a) SEWAGE TREATMENT.—

22 (1) REPORT OF SEWAGE TREATMENT NEEDS.—

23 Section 518(b) (33 U.S.C. 1377(b)) is amended—

24 (A) by striking ‘‘REPORT.—The’’ and in25 serting ‘‘REPORT.—
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1 ‘‘(1) ASSESSMENT.—The’’;

2 (B) by striking the second sentence; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(2) REPORT.—Not later than 1 year after the

6 date of enactment of this paragraph and biennially

7 thereafter, the Administrator, in cooperation with

8 the Director of the Indian Health Service, shall as9 sess the need for sewage treatment works to serve

10 Indian tribes and report the findings of the assess11 ment to Congress.’’.

12 (2) RESERVATION OF FUNDS.—Subsection (c)

13 of section 518 (33 U.S.C. 1377) is amended to read

14 as follows:

15 ‘‘(c) RESERVATION OF FUNDS.—

16 ‘‘(1) IN GENERAL.—The Administrator shall re17 serve each fiscal year, before making an allotment to

18 the States, 1 percent of the amounts appropriated

19 pursuant to section 607 for grants to Indian tribes

20 for the development of waste treatment management

21 plans and for the construction of sewage treatment

22 works.

23 ‘‘(2) GRANTS.—The Administrator shall provide

24 the funds reserved under this subsection directly to

25 Indian tribes and may make a grant in an amount
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1 not to exceed 100 percent of the cost of a project

2 that is the subject of the grant.

3 ‘‘(3) PRIORITY.—In making a grant under this

4 subsection, the Administrator shall give priority to

5 projects that address the most significant public

6 health and environmental pollution problems, as de7 termined in the needs assessment conducted under

8 subsection (b)(2).

9 ‘‘(4) TECHNICAL ASSISTANCE.—The Adminis10 trator shall reserve not more than 2 percent of the

11 amounts reserved pursuant to paragraph (1) for

12 making a grant to 1 or more qualified not-for-profit

13 organizations to provide technical assistance to In14 dian tribes in the development of sewage treatment

15 plans and the effective operation of sewage treat16 ment works.’’.

17 (b) NONPOINT POLLUTION CONTROL.—Section

18 518(f) (33 U.S.C. 1377(f)) is amended—

19 (1) in the second sentence, by striking ‘‘one20 third’’ and inserting ‘‘one-half’’;

21 (2) in the third sentence, by striking ‘‘(d)’’ and

22 inserting ‘‘(e)’’; and

23 (3) by adding at the end the following new sen24 tence: ‘‘Notwithstanding section 319(h)(3), the Ad25 ministrator may make a grant under this subsection
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1 in an amount not to exceed 100 percent of the cost

2 of the project that is the subject of the grant.’’.

3 (c) REVOLVING LOAN FUNDS.—

4 (1) IN GENERAL.—Section 603(c)(1) (33

5 U.S.C. 1383(c)(1)) is amended by inserting ‘‘Indian

6 tribe,’’ after ‘‘State agency’’.

7 (2) CAPITALIZATION GRANT AGREEMENTS.—

8 Section 602(b)(9) (33 U.S.C. 1382(b)(9)) is amend9 ed by inserting before the semicolon at the end the

10 following: ‘‘, except that, in the case of assistance to

11 an Indian tribe, the State shall follow administrative

12 guidelines established pursuant to section 606(g)’’.

13 (3) ADMINISTRATIVE GUIDELINES.—Section

14 606 (33 U.S.C. 1386) is amended by adding at the

15 end the following new subsection:

16 ‘‘(g) ADMINISTRATIVE GUIDELINES FOR ASSISTANCE

17 TO INDIAN TRIBES.—Not later than 18 months after the

18 date of enactment of this subsection, the Administrator

19 shall, after consultation with Indian tribes and the States,

20 by regulation establish administrative procedures with re21 spect to assistance provided by States to Indian tribes

22 under this title. The administrative procedures shall iden23 tify the financial and related information pertaining to an

24 Indian tribe that is the minimum information necessary

25 to ensure proper management of State loan funds and
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1 shall preclude States from requiring the submission of ad2 ditional information.’’.

3 (d) TREATMENT AS STATES.—Section 518(e) (33

4 U.S.C. 1377(e)) is amended—

5 (1) in the first sentence—

6 (A) by inserting ‘‘321,’’ after ‘‘319,’’; and

7 (B) by striking ‘‘and 404’’ and inserting

8 ‘‘404, 405, and 601’’; and

9 (2) by striking the second and third sentences.

10 (e) DISCHARGE PERMITS ON RESERVATIONS.—Sec11 tion 402(a) (33 U.S.C. 1342(a)), as amended by section

12 502(e), is further amended by adding at the end the fol13 lowing new paragraph:

14 ‘‘(7) DISCHARGE PERMITS ON RESERVA15 TIONS.—

16 ‘‘(A) IN GENERAL.—The Administrator

17 shall issue a permit pursuant to this subsection

18 for discharges to navigable waters on a Federal

19 Indian reservation, unless the Indian tribe is

20 treated as a State pursuant to section 518(e)

21 and has been delegated authority to issue per22 mits pursuant to subsection (b).

23 ‘‘(B) LIMITATIONS.—In issuing permits

24 pursuant to this paragraph, the Administrator

25 shall ensure that, in addition to the other re-
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1 quirements of this subsection, the discharge will

2 not—

3 ‘‘(i) prevent the protection and propa4 gation of a balanced, indigenous population

5 of fish, shellfish, wildlife, and other biota

6 or recreation in and on the waters; or

7 ‘‘(ii) cause a violation of such alter8 native water quality criteria and standards

9 as may be established by the Administrator

10 with the concurrence of the tribe.

11 ‘‘(C) DELEGATION.—The authority of the

12 Administrator to issue permits pursuant to this

13 paragraph may not be delegated to a State pur14 suant to subsection (b) unless the authority is

15 delegated to an Indian tribe that is treated as

16 a State under section 518(e).

17 ‘‘(D) DURATION.—Any permit for a dis18 charge to waters on a Federal Indian reserva19 tion issued by a State pursuant to subsection

20 (b) shall remain in effect until the date of expi21 ration of the permit or the date that is 2 years

22 after the date of enactment of this paragraph,

23 whichever is later.’’.
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1 SEC. 607. CLEAN WATER EDUCATION.

2 (a) IN GENERAL.—Title V (33 U.S.C. 1361 et seq.)

3 is amended—

4 (1) by redesignating section 519 as section 520;

5 and

6 (2) by inserting after section 518 the following

7 new section:

8 ‘‘CLEAN WATER EDUCATION

9 ‘‘SEC. 519. The Administrator, in consultation with

10 the Chief Executive Officer appointed pursuant to section

11 193 of the National and Community Service Act of 1990

12 (42 U.S.C. 12651c), shall establish a national program of

13 education and information to increase public awareness

14 concerning water quality. The Administrator, in coopera15 tion with the States, shall foster and provide guidance for

16 volunteer citizen programs for the assessment, oversight,

17 and protection of individual waters. The Administrator

18 shall implement a program to provide official recognition

19 of the Federal Government to industrial organizations, po20 litical subdivisions of States, and volunteer citizen pro21 grams that have demonstrated an outstanding commit22 ment to the prevention and control of water pollution.’’.

23 (b) TECHNICAL CORRECTIONS.—Section 501 (33

24 U.S.C. 1361) is amended—

25 (1) by striking subsection (e); and
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1 (2) by redesignating subsection (f) as sub2 section (e).

3 SEC. 608. ARID WEST WATER QUALITY.

4 (a) ARID WEST WATER QUALITY RESEARCH.—Sec5 tion 104 (33 U.S.C. 1254) is amended by adding at the

6 end the following new subsection:

7 ‘‘(v) ARID WEST WATER QUALITY RESEARCH.—

8 ‘‘(1) IN GENERAL.—Not later than 1 year after

9 the date of enactment of this subsection, the Admin10 istrator shall establish an Arid West Water Quality

11 Research Project. The project shall—

12 ‘‘(A) be located at the environmental mon13 itoring laboratory of the Environmental Protec14 tion Agency in Las Vegas, Nevada;

15 ‘‘(B) develop data for water quality criteria

16 documents for species and environments appro17 priate for ephemeral and effluent-dependent

18 streams, especially in the arid West; and

19 ‘‘(C) conduct such additional research as

20 the Administrator, in consultation with the

21 Board established pursuant to paragraph (2),

22 determines to be appropriate.

23 ‘‘(2) ARID WEST WATER QUALITY RESEARCH

24 BOARD.—
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1 ‘‘(A) IN GENERAL.—Not later than 1 year

2 after the date of enactment of this subsection,

3 the Administrator shall establish a research

4 board to be known as the ‘Arid West Water

5 Quality Research Board’ (referred to in this

6 subsection as the ‘Board’) to advise the Admin7 istrator in the development of research con8 ducted pursuant to this subsection.

9 ‘‘(B) COMPOSITION OF BOARD.—The

10 Board shall be chaired by a representative of

11 the Administrator and shall include 2 individ12 uals from each of the following categories, ap13 pointed by the Administrator:

14 ‘‘(i) Representatives of State regu15 latory agencies of States in the arid West.

16 ‘‘(ii) Representatives of the university

17 research community located in States re18 ferred to in clause (i).

19 ‘‘(iii) Representatives of wastewater

20 agencies located in States referred to in

21 clause (i).

22 ‘‘(iv) Representatives of water agen23 cies located in States referred to in clause

24 (i).
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1 ‘‘(v) Representatives of industries lo2 cated in States referred to in clause (i).

3 ‘‘(vi) Representatives of environmental

4 organizations located in States referred to

5 in clause (i).

6 ‘‘(C) TERMS.—The Administrator shall de7 termine the term served by each member of the

8 Board.

9 ‘‘(3) PROPOSALS.—Any interested party may

10 submit to the Board a proposal to conduct research

11 at the facility. On the recommendation of the Board,

12 the Administrator may provide funding for the pro13 posal to the extent funding is available.

14 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

15 There are authorized to be appropriated to the Ad16 ministrator such sums as may be necessary to carry

17 out this subsection.

18 ‘‘(5) DEFINITION.—As used in this subsection,

19 the term ‘arid West’ has the same meaning as is

20 provided the term in section 126(e)(1).’’.

21 (b) EPHEMERAL AND EFFLUENT-DEPENDENT

22 STREAMS.—Title I (33 U.S.C. 1251 et seq.), as amended

23 by section 403, is further amended by adding at the end

24 the following new section:
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1 ‘‘EPHEMERAL AND EFFLUENT-DEPENDENT STREAMS

2 ‘‘SEC. 122. (a) DEVELOPMENT OF REVISED WATER

3 QUALITY CRITERIA FOR EPHEMERAL AND EFFLUENT4 DEPENDENT STREAMS.—

5 ‘‘(1) IN GENERAL.—Not later than 180 days

6 after the date of enactment of this section, the Ad7 ministrator shall convene a working group, consist8 ing of representatives of the industrial community,

9 environmental organizations, the governments of

10 States and political subdivisions of States, and water

11 and wastewater agencies. The working group shall

12 include representatives of the arid West and the En13 vironmental Protection Agency.

14 ‘‘(2) RECOMMENDATIONS OF WORKING

15 GROUP.—

16 ‘‘(A) METHODOLOGY.—The working group

17 shall recommend revisions to the methodology

18 used by the Administrator to develop water

19 quality criteria to include criteria appropriate

20 for ephemeral and effluent-dependent streams.

21 The recommendations shall include a prioritized

22 list of water quality criteria that need to be de23 veloped or revised.

24 ‘‘(B) OTHER RECOMMENDATIONS.—The

25 working group shall make recommendations for
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1 additional scientific research and any other in2 formation or guidance that the working group

3 determines to be needed for the development of

4 criteria for water quality that can be appro5 priately adapted by States to reflect special re6 gional and site-specific characteristics, espe7 cially with respect to the arid West.

8 ‘‘(3) REVISION OF METHODOLOGY.—

9 ‘‘(A) IN GENERAL.—Not later than 18

10 months after the date of enactment of this sub11 section, the Administrator shall revise the meth12 odology used to develop water quality standards

13 for ephemeral and effluent-dependent streams

14 in accordance with the recommendations of the

15 working group convened pursuant to paragraph

16 (1) and shall publish the revised methodology in

17 the Federal Register.

18 ‘‘(B) CRITERIA DOCUMENTS.—

19 ‘‘(i) IN GENERAL.—Not later than 3

20 years after the date of enactment of this

21 section, and annually thereafter, the Ad22 ministrator shall develop and publish at

23 least 2 criteria documents addressing

24 ephemeral and effluent-dependent streams

25 in accordance with the revised methodology
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1 established pursuant to subparagraph (A)

2 until such time as each of the criteria on

3 the prioritized list established in paragraph

4 (2)(A) is published.

5 ‘‘(ii) CONTENTS OF DOCUMENTS.—

6 The documents published pursuant to

7 clause (i) shall reflect accurate and rel8 evant scientific data and, at a minimum,

9 include—

10 ‘‘(I) a description of the types of

11 waterbodies to which the criteria may

12 appropriately be applied; and

13 ‘‘(II) guidance concerning meth14 ods, including mathematical formulas,

15 that may be used by a State to modify

16 the criteria to account for unique eco17 logical, hydrological, physical, or bio18 logical conditions that may be associ19 ated with the types of waters covered

20 by the criteria documents, especially

21 in the arid West.

22 ‘‘(4) GUIDANCE.—On receipt of the rec23 ommendations from the working group convened

24 pursuant to paragraph (1), the Administrator shall

25 provide guidance concerning scientific methods for
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1 conducting supporting studies to create

2 subclassifications of attainable uses and to establish

3 site-specific or regional water quality criteria appro4 priate to protect the uses.

5 ‘‘(b) PROMOTION OF USE OF RECLAIMED WATER.—

6 ‘‘(1) IN GENERAL.—The Administrator shall

7 promote the environmentally beneficial use of re8 claimed water and the development of appropriate

9 water quality criteria and water quality standards

10 for ephemeral and effluent-dependent streams, espe11 cially in the arid West—

12 ‘‘(A) that have a limited ability to develop

13 and maintain traditional water resources; and

14 ‘‘(B) with respect to which the discharge of

15 reclaimed water to otherwise arid or semiarid

16 environments, such as ephemeral watercourses,

17 can also support limited aquatic and riparian

18 habitat that would not otherwise exist.

19 ‘‘(2) STATE STANDARD.—If a State adopts or

20 reviews water quality standards pursuant to section

21 303, the State may consider, in addition to other

22 factors referred to in such section, the need for al23 lowing the discharge of reclaimed water to navigable

24 water to promote the beneficial use of reclaimed

25 water in the arid West. In addition, the State may
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1 also take into consideration, and reflect in the stand2 ards—

3 ‘‘(A) the use and value of reclaimed water

4 for public water supplies, including the extent

5 to which the beneficial reuse of reclaimed water

6 resources will augment the traditional water

7 supply of the State and reduce demands on

8 other environmentally sensitive water resources;

9 ‘‘(B) the natural conditions that influence

10 water quality in the area that is the subject of

11 the standards, including extremes of tempera12 ture, water flow, turbidity, mineralization, salin13 ity, and flooding; and

14 ‘‘(C) whether the discharge of reclaimed

15 water will result in a net environmental benefit

16 to the watershed of the water that is the sub17 ject of the standards.

18 ‘‘(c) CONSTRUCTED WATER CONVEYANCES.—

19 ‘‘(1) IN GENERAL.—If a State adopts or re20 views water quality standards for constructed water

21 conveyance systems, the standards may consider—

22 ‘‘(A) the then existing and planned uses of

23 water transported in a conveyance system;

24 ‘‘(B) the ability to return water to natural

25 water systems or navigable waters;
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1 ‘‘(C) human-caused conditions necessary to

2 maintain the functionality of a conveyance sys3 tem; and

4 ‘‘(D) State or regional water resource

5 management and water conservation plans.

6 ‘‘(2) USES.—A State is not required to impose

7 aquatic, wildlife, and fish consumption uses for con8 structed water conveyance systems if the uses are

9 not existing and foreseeable uses.

10 ‘‘(d) INTERIM WATER QUALITY STANDARDS FOR

11 EPHEMERAL AND EFFLUENT-DEPENDENT STREAMS.—

12 ‘‘(1) IN GENERAL.—If an ephemeral or efflu13 ent-dependent stream is not attaining, and cannot

14 reasonably be expected to attain, the current des15 ignated use of the stream because of natural, ephem16 eral, intermittent, or low flow conditions or water

17 levels, a State may establish an alternative use for

18 ephemeral and effluent-dependent streams. Each al19 ternative use established pursuant to this section

20 shall ensure full protection of public health, existing

21 uses, and all existing and designated uses of down22 stream waters.

23 ‘‘(2) REVISED OR NEW WATER QUALITY CRI24 TERIA.—
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1 ‘‘(A) IN GENERAL.—For each ephemeral

2 and effluent-dependent stream with respect to

3 which—

4 ‘‘(i) a State adopts an alternative use

5 designation in accordance with paragraph

6 (1); and

7 ‘‘(ii) ephemeral and effluent-depend8 ent water quality criteria have not been de9 veloped pursuant to subsection (c),

10 a State may adopt revised or new interim water

11 quality criteria.

12 ‘‘(B) CONTENT OF CRITERIA.—The revised

13 or new water quality criteria adopted pursuant

14 to subparagraph (A) shall be based on—

15 ‘‘(i) then existing criteria for ephem16 eral and effluent-dependent streams;

17 ‘‘(ii) applicable acute aquatic life cri18 teria established by the State; or

19 ‘‘(iii) any criteria specifically devel20 oped by the State to protect an alternative

21 use designation.

22 ‘‘(C) MODIFICATIONS.—In adopting or re23 vising water quality criteria for ephemeral and

24 effluent-dependent streams pursuant to this

25 subsection, a State shall make such modifica-
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1 tions to the then existing water quality criteria

2 as are appropriate to ensure that the criteria—

3 ‘‘(i) support any applicable alternative

4 use designation referred to in paragraph

5 (1); and

6 ‘‘(ii) reflect regional or site-specific

7 characteristics.

8 ‘‘(3) APPROVAL BY ADMINISTRATOR.—If a

9 State adopts new or revised water quality standards

10 for ephemeral and effluent-dependent streams pursu11 ant to this subsection, the Administrator shall review

12 and approve the standards if the Administrator finds

13 that the standards meet the requirements of this

14 Act.

15 ‘‘(4) SITE SPECIFIC OR REGIONAL SCIENTIFIC

16 STUDY PLAN.—If a State submits criteria that, on

17 a scientific basis, are consistent with the guidance

18 issued pursuant to subsection (a)(4), the criteria

19 shall be deemed to have satisfied the requirements of

20 section 131.6(f) of title 40, Code of Federal Regula21 tions.

22 ‘‘(e) DEFINITIONS.—As used in this section:

23 ‘‘(1) ARID WEST.—The term ‘arid West’ means

24 an area in the western portion of the United States
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1 that typically receives less than 15 inches of rain on

2 an annual basis.

3 ‘‘(2) CONSTRUCTED WATER CONVEYANCE.—

4 The term ‘constructed water conveyance’ means a

5 man-made lined canal or other man-made water

6 transport system constructed for the purpose of

7 transporting water in a waterway that is not and

8 never was a natural waterway.

9 ‘‘(3) EFFLUENT-DEPENDENT STREAM.—The

10 term ‘effluent-dependent stream’ means a stream—

11 ‘‘(A) with respect to which the flow (based

12 on the annual average expected flow, deter13 mined by calculating the average mode over a

14 10-year period) is primarily attributable to the

15 discharge of treated wastewater;

16 ‘‘(B) that, in the absence of a discharge re17 ferred to in subparagraph (A) and other pri18 mary anthropogenic surface or subsurface

19 flows, would be considered an ephemeral

20 stream; and

21 ‘‘(C) that would be considered an effluent22 dependent stream in accordance with applicable

23 State water quality standards.
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1 ‘‘(4) EPHEMERAL STREAM.—The term ‘ephem2 eral stream’ means a stream that has a channel

3 that—

4 ‘‘(A) is at all times above the permanent

5 water table; and

6 ‘‘(B) flows periodically in response to pre7 cipitation, snowmelt, or runoff.’’.

8 (c) BENEFICIAL REUSE GOAL.—Section 101 (33

9 U.S.C. 1251), as amended by section 303(a)(2), is further

10 amended by adding at the end the following new sub11 section:

12 ‘‘(i) BENEFICIAL REUSE GOAL.—It is the policy of

13 Congress to promote the environmentally beneficial reuse

14 of water, especially for States in the arid and semiarid

15 regions of the United States, to the fullest extent prac16 ticable in a manner consistent with State law and the

17 goals and requirements of this Act.’’.

18 SEC. 609. OCEAN DISCHARGE AND WASTEWATER RECLAMA19 TION.

20 Section 301(j) (33 U.S.C 1311(j)) is amended—

21 (1) in paragraph (1)(A), by inserting before the

22 semicolon at the end the following: ‘‘, and except as

23 provided in paragraph (5)’’; and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(5) EXTENSION OF APPLICATION DEADLINE.—

2 A municipality referred to in section 510(g) of the

3 Water Quality Act of 1987 (Public Law 100–4; 101

4 Stat. 81) may apply for a modification pursuant to

5 subsection (h) not later than 180 days after the date

6 of enactment of the Water Pollution Prevention and

7 Control Act of 1994. An application from a munici8 pality under this paragraph shall include a commit9 ment to implement a wastewater reclamation pro10 gram that, at a minimum, will result in a reduction

11 in the quantity of suspended solids discharged into

12 the marine environment during the 5-year period of

13 the modification. The Administrator shall announce

14 a preliminary decision on an application submitted

15 under the preceding sentence not later than 1 year

16 after the application is submitted.’’.

17 SEC. 610. ENVIRONMENTAL EDUCATION CHALLENGE

18 GRANT PROGRAM.

19 Title V (33 U.S.C. 1361 et seq.), as amended by sec20 tion 607(a), is further amended—

21 (1) by redesignating section 520 as section 521; and

22 (2) by inserting after section 519 the following new

23 section:
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1 ‘‘ENVIRONMENTAL EDUCATION CHALLENGE GRANT

2 PROGRAM

3 ‘‘SEC. 520. (a) IN GENERAL.—The Secretary of the

4 Army, acting through the Chief of Engineers of the Army

5 Corps of Engineers (referred to in this section as the ‘Sec6 retary’), shall establish a grant program to provide assist7 ance to States and political subdivisions of States for the

8 development and construction of environmental education

9 facilities pursuant to this section. Each facility referred

10 to in the preceding sentence shall be used to enhance pub11 lic awareness of the importance of aquatic, marine, and

12 other natural resources and serve as a clearinghouse for

13 the transfer of information concerning aquatic, marine,

14 and other natural resources to policy makers and the gen15 eral public.

16 ‘‘(b) USE OF GRANTS; GRANT AMOUNT.—

17 ‘‘(1) IN GENERAL.—A grant awarded pursuant

18 to this section may be used only for—

19 ‘‘(A) constructing, enlarging, or otherwise

20 improving a building or exhibit (or both) associ21 ated with an environmental education facility

22 that is owned by the grant recipient; and

23 ‘‘(B) if applicable, any additional cost de24 scribed in paragraph (2).

25 ‘‘(2) ADDITIONAL COSTS.—
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1 ‘‘(A) IN GENERAL.—If a recipient of a

2 grant awarded pursuant to this section dem3 onstrates, to the satisfaction of the Secretary,

4 that a cost described in subparagraph (B) is

5 necessary to ensure the development or con6 struction of an environmental education facility,

7 the recipient may use the grant award to cover

8 the additional cost.

9 ‘‘(B) ELIGIBLE ADDITIONAL COSTS.—Sub10 ject to subparagraph (A), a grant recipient may

11 use a grant award to cover reasonable fees and

12 costs associated with—

13 ‘‘(i) conducting an archaeological sur14 vey;

15 ‘‘(ii) conducting a salvage or other

16 mitigation measure;

17 ‘‘(iii) carrying out a planning activity;

18 ‘‘(iv) establishing or acquiring a prop19 erty right (including acquiring an interest

20 in land, a water right, or a right-of-way);

21 or

22 ‘‘(v) obtaining other evidence of legal

23 control over land or water.

24 ‘‘(3) LIMITATIONS.—A grant awarded pursuant

25 to this section may not be used to pay—
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1 ‘‘(A) a finder’s fee; or

2 ‘‘(B) any annual recurring cost (including

3 a cost for a purchase or rental) that the Sec4 retary determines is generally considered to be

5 an operating or maintenance expense.

6 ‘‘(4) FEDERAL SHARE; AMOUNT.—

7 ‘‘(A) FEDERAL SHARE.—The Federal

8 share of a grant awarded pursuant to this sec9 tion may not exceed the lesser of—

10 ‘‘(i) 33 percent of the cost of the

11 project that is the subject of the grant

12 award; or

13 ‘‘(ii) $10,000,000.

14 ‘‘(B) NON-FEDERAL SHARE.—A grant

15 awarded pursuant to this section shall be

16 awarded on the condition that the grant recipi17 ent pay (or ensure the payment of) a non-Fed18 eral share in an amount equal to—

19 ‘‘(i) the cost of the project that is the

20 subject of the grant award; minus

21 ‘‘(ii) the amount of the Federal share

22 paid pursuant to subparagraph (A).

23 ‘‘(c) GRANT APPLICATION; APPROVAL.—

24 ‘‘(1) APPLICATION.—
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1 ‘‘(A) IN GENERAL.—An application for a

2 grant under this section shall be in such form,

3 and submitted in such manner, as the Secretary

4 determines appropriate. The Secretary shall re5 view each completed application as soon as

6 practicable after the date of submission of the

7 application.

8 ‘‘(B) CONTENTS.—Each application sub9 mitted pursuant to this subsection shall include,

10 in sufficient detail for review by the Sec11 retary—

12 ‘‘(i) plans for, specifications for, and

13 estimates of the cost of, the project that is

14 the subject of the application; and

15 ‘‘(ii) assurances that the applicant has

16 secured sufficient financial commitments to

17 carry out the project to pay the non-Fed18 eral share of the project required under

19 subsection (b)(4)(B).

20 ‘‘(2) APPROVAL.—If, after reviewing an applica21 tion submitted pursuant to this subsection, the Sec22 retary determines that a project described in the ap23 plication meets the requirements of this section, and

24 otherwise meets the requirements of this Act, the

25 Secretary may approve the application.
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1 ‘‘(d) PAYMENT OF GRANT AWARD.—

2 ‘‘(1) IN GENERAL.—The Secretary shall make

3 periodic payments of a grant awarded pursuant to

4 this section to the recipient of the grant.

5 ‘‘(2) SCHEDULE.—The payments shall be made

6 in accordance with a schedule that the Secretary

7 shall establish to ensure that the amount of each of

8 the periodic payments does not exceed an amount

9 equal to the Federal share of the costs incurred by

10 the grant recipient during the payment period (in11 cluding the costs of construction and the costs of

12 construction materials).

13 ‘‘(3) FINAL PAYMENT.—On completion of the

14 project that is the subject of the grant, the Sec15 retary shall review the costs associated with the

16 project, and make a final payment to the grant re17 cipient in an amount equal to the remaining amount

18 of the grant (if any).

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated such sums as are nec21 essary to carry out this section for each of fiscal years

22 1995 through 1999.’’.

23 SEC. 611. LAND ACQUISITION.

24 (a) CONSIDERATION OF ACQUISITION.—Each plan

25 prepared by a State, local, or other non-Federal entity
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1 under section 118, 314, 319, 320, or 321 of the Federal

2 Water Pollution Control Act (33 U.S.C. 1251 et seq.) shall

3 evaluate the acquisition of lands or an interest in lands

4 as a means of meeting the goals of the plans in a timely

5 manner. If the acquisition of lands or an interest in lands

6 is found to be an effective and appropriate means for im7 plementing a plan, the plan shall include programs to pro8 vide State, local, private, or other non-Federal funding of

9 the acquisitions.

10 (b) LIMITATIONS ON USE OF FUNDS.—

11 (1) IN GENERAL.—Funding authorized by the

12 Federal Water Pollution Control Act (33 U.S.C.

13 1251 et seq.) for the implementation of the plans re14 ferred to in subsection (a) may be used for the ac15 quisition of lands or interests in lands if—

16 (A) the lands or interests in lands are ac17 quired from willing sellers and held in perpetu18 ity in public ownership; and

19 (B) the relevant plan approved by the Ad20 ministrator includes an evaluation of the effec21 tiveness and appropriateness of the acquisition

22 of lands or an interest in lands and finds the

23 acquisition to be effective and appropriate.

24 (2) PREFERENCE.—In considering requests for

25 funding the acquisition of lands or interests in lands
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1 under this section, the Administrator shall give pref2 erence to requests in which Federal funds will be

3 matched by the State, the entity responsible for im4 plementing a plan, or any other non-Federal entity.

5 (3) OWNERSHIP.—All lands and interests in

6 lands acquired under this section shall be held by a

7 public entity authorized by the Governor of the State

8 in which the lands are located. In no case may the

9 Administrator of the Environmental Protection

10 Agency or the head of any other Federal agency hold

11 any lands or interest in lands acquired under this

12 section.

13 (c) USE OF LANDS.—Lands acquired pursuant to

14 this section shall be made available for public recreational

15 purposes to the extent possible considering the environ16 mental sensitivity and suitability of the lands, unless the

17 recreational activities would be incompatible with the pur18 poses for which the lands were acquired.

19 (d) EFFECT ON OTHER LAW.—Nothing in this sec20 tion revises, suspends, or abrogates any applicable require21 ment of the Federal Water Pollution Control Act (33

22 U.S.C. 1251 et seq.).

23 SEC. 612. ENVIRONMENTAL FINANCE.

24 (a) ENVIRONMENTAL FINANCIAL ADVISORY

25 BOARD.—
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1 (1) IN GENERAL.—The Administrator of the

2 Environmental Protection Agency (referred to in

3 this section as the ‘‘Administrator’’) shall establish

4 an Environmental Financial Advisory Board to pro5 vide expert advice on issues affecting the costs and

6 financing of environmental activities at the Federal,

7 State, and local level. The Board shall report to the

8 Administrator, and shall make its services and ex9 pertise available to the appropriate committees of

10 Congress.

11 (2) MEMBERSHIP.—The Board shall consist of

12 thirty-five members selected by the Administrator.

13 The members of the Board shall each serve for a

14 term of two years, except that twenty of the mem15 bers initially appointed to the Board shall serve for

16 a term of one year. The members of the Board shall

17 be persons with expertise in financial matters and

18 shall be chosen from among elected officials, na19 tional trade and environmental organizations, the fi20 nance, banking, and legal communities, business and

21 industry, and academia. The members of the Board

22 shall elect a Chair and Vice Chair, who shall each

23 serve a term of two years.
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1 (3) DUTIES.—After establishing appropriate

2 rules and procedures for the operations of the

3 Board, the Board shall—

4 (A) work with the Science Advisory Board

5 of the Environmental Protection Agency to

6 identify and develop methods to integrate risk

7 and finance considerations into environmental

8 decisionmaking;

9 (B) identify and examine strategies to en10 hance environmental protection in urban areas,

11 reduce disproportionate risk facing urban com12 munities, and promote economic revitalization

13 and environmentally sustainable development;

14 (C) develop and recommend initiatives to

15 expand opportunities for the export of United

16 States financial services and environmental

17 technologies;

18 (D) develop alternative financing mecha19 nisms to assist State and local governments in

20 paying for environmental programs;

21 (E) develop alternative financing mecha22 nisms and strategies to meet the unique needs

23 of small and economically disadvantaged com24 munities; and
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1 (F) undertake such other activities as the

2 Board determines will further the purposes of

3 this Act.

4 (4) RECOMMENDATIONS.—The Board may rec5 ommend to the Administrator and to the Congress

6 legislative and policy initiatives to make financing

7 for environmental protection more available and less

8 costly.

9 (5) PUBLIC INPUT.—The Board shall hold open

10 meetings and seek input from the public and other

11 interested parties in accordance with the Federal

12 Advisory Committee Act (5 U.S.C. App.), and shall

13 otherwise be subject to such Act.

14 (b) ENVIRONMENTAL FINANCE CENTERS.—The Ad15 ministrator shall establish and support Environmental Fi16 nance Centers in each of the ten Federal regions. These

17 centers shall coordinate their activities with the Board,

18 and are authorized to—

19 (1) provide on- and off-site training of State

20 and local officials;

21 (2) publish newsletters, course materials, pro22 ceedings, and other publications relating to financing

23 of environmental infrastructure;
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1 (3) initiate and conduct conferences, seminars,

2 and advisory panels on specific finance issues relat3 ing to environmental programs and projects;

4 (4) establish electronic database and contact

5 services to disseminate information to public entities

6 on financing alternatives for State and local environ7 mental programs;

8 (5) generate case studies and special reports;

9 (6) develop inventories and surveys of financial

10 issues and needs of State and local governments;

11 (7) identify financial programs, initiatives, and

12 alternative financing mechanisms for training

13 purposes;

14 (8) hold public meetings on finance issues; and

15 (9) collaborate with one another on projects and

16 exchange information.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—

18 (1) ENVIRONMENTAL FINANCIAL ADVISORY

19 BOARD.—There is authorized to be appropriated the

20 sum of $1,000,000 for each of the fiscal years 1995,

21 1996, 1997, 1998, 1999, and 2000 to carry out sub22 section (a).

23 (2) ENVIRONMENTAL FINANCE CENTERS.—

24 There is authorized to be appropriated the sum of

25 $2,500,000 for each of the fiscal years 1995, 1996,
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1 1997, 1998, 1999, and 2000 for the Environmental

2 Finance Center program established pursuant to this

3 section. The Administrator is authorized to grant

4 such funds to institutions of higher learning to carry

5 out the provisions of subsection (b).

6 SEC. 613. CLEAN LAKES.

7 (a) LAKE WATER QUALITY RESEARCH.—Subsection

8 (h) of section 104 (33 U.S.C. 1254(h)) is amended to read

9 as follows:

10 ‘‘(h) LAKE WATER QUALITY RESEARCH.—

11 ‘‘(1) IN GENERAL.—In carrying out subsection

12 (a), the Administrator shall conduct a comprehensive

13 research program concerning the lakes of the United

14 States.

15 ‘‘(2) COMPONENTS.—The research program

16 provided for in this subsection shall, at a mini17 mum—

18 ‘‘(A) develop improved methods for the

19 monitoring and assessment of lake conditions

20 and water quality;

21 ‘‘(B) improve knowledge of lake processes,

22 including watershed assessments and the recy23 cling of pollutants from sediments to water;

24 ‘‘(C) investigate the nature and extent of

25 variation in pollutant effects on lakes as op-
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1 posed to other aquatic systems, and character2 ize the degree to which lakes may be especially

3 vulnerable to pollution;

4 ‘‘(D) identify and assess methods and

5 practices to control sources of pollution to

6 lakes, including watershed management tech7 niques and practices; and

8 ‘‘(E) assess the threat to lake quality

9 posed by aquatic vegetation and develop and

10 demonstrate methods to control excessive vege11 tation in lakes and prevent the distribution of

12 nuisance aquatic vegetation throughout the

13 United States.

14 ‘‘(3) CONTRACTS AND GRANTS.—In carrying

15 out this subsection, the Administrator may enter

16 into contracts with, or make grants to, public or pri17 vate agencies and organizations.

18 ‘‘(4) LAKE RESEARCH ADVISORY COMMITTEE.—

19 ‘‘(A) APPOINTMENT.—The Administrator

20 shall appoint an advisory committee to be

21 known as the ‘Lake Research Advisory Commit22 tee’ (referred to in this paragraph as the ‘Com23 mittee’) to advise the Administrator concerning

24 the design and implementation of the research

25 program required by this subsection.
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1 ‘‘(B) COMPOSITION.—The Committee shall

2 be composed of not more than 12 members with

3 substantial expertise and experience in lake re4 search. Not more than 3 members of the Com5 mittee shall be employees of the Federal Gov6 ernment. Not fewer than 3 members shall be

7 employees of State environmental agencies.

8 ‘‘(C) TERMS.—Each Committee member

9 shall serve for a term of 2 years, except that

10 the Administrator shall initially appoint 4 mem11 bers who shall each serve for a term of 3 years

12 and 4 members who shall each serve for a term

13 of 4 years. Each member may be reappointed to

14 1 additional term.’’.

15 (b) LAKE WATER QUALITY STANDARDS.—

16 (1) LAKE DESIGNATIONS.—Section 314 (33

17 U.S.C. 1324) is amended by adding at the end the

18 following new subsection:

19 ‘‘(e) LAKE USE DESIGNATIONS.—Not later than 5

20 years after the date of enactment of this subsection, each

21 State shall designate, pursuant to section 303, the use of

22 each publicly owned lake in the State in a manner consist23 ent with the following uses:

24 ‘‘(1) Public drinking water supply.
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1 ‘‘(2) Swimming and related body contact recre2 ation.

3 ‘‘(3) Resource protection, to ensure the protec4 tion and propagation of a balanced, indigenous pop5 ulation of fish and wildlife.

6 ‘‘(4) Other uses identified by the State.’’.

7 (2) LAKE WATER QUALITY CRITERIA.—Section

8 304(a) (33 U.S.C. 1314(a)), as amended by section

9 202(a)(8), is further amended by adding at the end

10 the following new paragraph:

11 ‘‘(13) LAKE WATER QUALITY CRITERIA.—

12 ‘‘(A) IN GENERAL.—Not later than 3 years

13 after the date of enactment of this paragraph

14 and periodically thereafter, the Administrator

15 shall publish pursuant to this subsection water

16 quality criteria for freshwater lakes, including,

17 at a minimum—

18 ‘‘(i) total phosphorus;

19 ‘‘(ii) chlorophyll a; and

20 ‘‘(iii) transparency.

21 The criteria documents published pursuant to

22 this paragraph shall address the factors identi23 fied in paragraph (1) and shall identify numeri24 cal concentrations that, in the judgment of the

25 Administrator, are appropriate to ensure the
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1 maintenance and attainment of each use des2 ignated pursuant to section 303 or 314(e).

3 ‘‘(B) LAKE WATER QUALITY GUIDANCE.—

4 Not later than 18 months after the date of en5 actment of this paragraph, the Administrator

6 shall publish guidance to assist States in the

7 adoption of lake water quality standards for

8 contaminants for which criteria documents have

9 been published pursuant to this subsection. The

10 guidance shall supplement criteria in existence

11 on the date of publication of the guidance to

12 the extent necessary to ensure that States have

13 adequate information to support the adoption of

14 numerical lake water quality standards for each

15 parameter referred to in subparagraph (A) that

16 will ensure the attainment and maintenance of

17 each use designated pursuant to section 303 or

18 314(e).

19 ‘‘(C) NEW WATER QUALITY CRITERIA.—

20 Beginning on the date of enactment of this

21 paragraph, any criteria document published

22 pursuant to this subsection shall include such

23 information as the Administrator determines is

24 appropriate to assist States in the adoption of

25 numerical lake water quality standards for the
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1 pollutant that is the subject of the document

2 that will ensure the attainment and mainte3 nance of each use designated pursuant to sec4 tion 303 or 314(e).’’.

5 (3) LAKE WATER QUALITY STANDARDS.—Sec6 tion 303(a) (33 U.S.C. 1313), as amended by sec7 tion 202(b)(4)(C), is further amended by adding at

8 the end the following new paragraph:

9 ‘‘(8) LAKE WATER QUALITY STANDARDS.—

10 ‘‘(A) IN GENERAL.—Not later than 3 years

11 after the date of publication of water quality

12 criteria pursuant to section 304(a), each State

13 shall establish for each publicly owned lake in

14 the State numerical standards for the criteria.

15 ‘‘(B) WAIVER.—

16 ‘‘(i) IN GENERAL.—Except as pro17 vided in clause (ii), the Administrator may

18 waive the requirement to adopt a standard

19 for the criteria published pursuant to sec20 tion 304(a) if the State demonstrates that

21 there is no impairment to lake water qual22 ity associated with the parameter that is

23 the subject of the standard in the State.

24 ‘‘(ii) EXCEPTION.—The Administrator

25 may not waive the requirement to adopt a
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1 standard for a pollutant listed pursuant to

2 section 304(a)(12)(A).

3 ‘‘(C) FAILURE TO ADOPT STANDARDS.—If

4 a State fails to adopt lake water quality stand5 ards pursuant to this paragraph, the criteria

6 published pursuant to section 304(a)(12) shall

7 be the State water quality standard for each

8 lake, regardless of use designation, unless and

9 until the State adopts, and the Administrator

10 approves, a revised standard in accordance with

11 this section.’’.

12 (c) LAKE WATER QUALITY PROGRAM SUPPORT.—

13 (1) CONFORMING AMENDMENTS.—Section

14 314(a)(1) (33 U.S.C. 1324(a)(1)) is amended—

15 (A) in the matter preceding subparagraph

16 (A), by striking ‘‘on a biennial basis’’;

17 (B) by striking subparagraphs (B) through

18 (D); and

19 (C) by redesignating subparagraphs (E)

20 and (F) as subparagraphs (B) and (C), respec21 tively.

22 (2) CLEAN LAKES PROGRAM SUPPORT.—Sub23 section (b) of section 314 (33 U.S.C. 1324(b)) is

24 amended to read as follows:

25 ‘‘(b) STATE CLEAN LAKES PROGRAM.—
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1 ‘‘(1) IN GENERAL.—A State may submit to the

2 Administrator an application for a grant, and the

3 Administrator may make a grant, to—

4 ‘‘(A) conduct a program to protect the

5 quality of lakes throughout the State;

6 ‘‘(B) develop a plan for the control of pol7 lution to a specific lake or group of lakes in the

8 State; or

9 ‘‘(C) implement a plan developed pursuant

10 to subparagraph (B).

11 ‘‘(2) LAKE QUALITY PROTECTION PROGRAMS.—

12 The Administrator may make a grant pursuant to

13 paragraph (1)(A) if the grant is for a statewide pro14 gram—

15 ‘‘(A) to improve public information and

16 education concerning lake protection;

17 ‘‘(B) to develop State or local requirements

18 concerning lake protection, including lake qual19 ity standards;

20 ‘‘(C) to develop lake assessment and mon21 itoring information; or

22 ‘‘(D) to carry out a combination of the ac23 tivities described in subparagraphs (A) through

24 (C).
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1 ‘‘(3) POLLUTION CONTROL PLANS.—The Ad2 ministrator may make a grant pursuant to para3 graph (1)(B) if the grant is for—

4 ‘‘(A) the development of a lake protection

5 plan (including an assessment of lake condi6 tions);

7 ‘‘(B) the identification of pollution sources

8 with respect to a lake;

9 ‘‘(C) the development of a plan or program

10 for pollution control; or

11 ‘‘(D) carrying out a combination of the ac12 tivities described in subparagraphs (A) through

13 (C).

14 ‘‘(4) APPROVAL.—

15 ‘‘(A) IN GENERAL.—The Administrator

16 shall approve any lake protection plan developed

17 pursuant to paragraph (3) on the basis of a

18 finding that the plan meets the goals and re19 quirements of this Act.

20 ‘‘(B) ELIGIBILITY FOR ASSISTANCE.—Any

21 plan approved pursuant to this paragraph shall

22 be considered to be an approved watershed plan

23 pursuant to section 321 and shall, notwith24 standing section 603(c)(2)(B), be eligible for

25 assistance pursuant to title VI.
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1 ‘‘(4) COST SHARE.—Each grant made pursuant

2 to subparagraph (A) or (B) of paragraph (1) shall

3 be made on the condition that 25 percent of the cost

4 of the project that is the subject of the grant is pro5 vided from non-Federal sources. Each grant made

6 pursuant to paragraph (1)(C) shall be made on the

7 condition that 50 percent of the cost of the project

8 that is the subject of the grant is provided from non9 Federal sources and that the non-Federal contribu10 tion may be assessed beginning on the date of sub11 mittal of the application to the Administrator.

12 ‘‘(5) PRIORITIZATION OF PROPOSALS.—

13 ‘‘(A) LAKE QUALITY PROTECTION PRO14 GRAMS.—In awarding grants pursuant to para15 graph (1)(A), the Administrator shall give pri16 ority to proposals with the greatest potential to

17 improve or protect lake water quality and to

18 proposals that will support the development of

19 long-term, sustained lake protection programs

20 in a State.

21 ‘‘(B) POLLUTION CONTROL PLANS.—In

22 awarding grants pursuant to paragraph (1)(B),

23 the Administrator shall give priority to—

24 ‘‘(i) projects concerning lakes that are

25 listed pursuant to subsection (a)(1)(B);
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1 ‘‘(ii) projects concerning lakes that

2 are a source of public water supply; and

3 ‘‘(iii) projects that will develop an in4 novative pollution control method or prac5 tice with potential application to other

6 lakes.

7 ‘‘(C) PLAN IMPLEMENTATION.—Grants

8 made pursuant to paragraph (1)(C) shall be

9 limited to projects concerning lakes for which a

10 control program has been developed pursuant to

11 paragraph (3).

12 ‘‘(6) ELIGIBILITY REQUIREMENT.—A State

13 that has not complied with the requirements of sub14 section (a) for the most recent report period or sec15 tion 303(i) shall not be eligible for grants made pur16 suant to this subsection.’’.

17 (3) AUTHORIZATION OF APPROPRIATIONS.—

18 Section 314(c) (33 U.S.C. 1324(c)) is amended—

19 (A) by striking ‘‘(c)(1)’’ and all that

20 follows through ‘‘(2) There’’ and inserting the

21 following:

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There’’;

23 (B) in the first sentence—

24 (i) by striking ‘‘and’’ after ‘‘1985,’’;
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1 (ii) by inserting after ‘‘1990’’ the fol2 lowing: ‘‘, and $50,000,000 for each of fis3 cal years 1991 through 2000,’’; and

4 (iii) by striking ‘‘subsection (b) of’’;

5 and

6 (C) by striking the last sentence.

7 (d) DEMONSTRATION PROGRAM.—

8 (1) PROGRAM REVISIONS.—Section 314(d)(1)

9 (33 U.S.C. 1324(d)(1)) is amended—

10 (A) in subparagraph (C), by adding ‘‘and’’

11 at the end;

12 (B) in subparagraph (D), by striking the

13 semicolon at the end and inserting a period;

14 and

15 (C) by striking subparagraphs (E) through

16 (G).

17 (2) DEMONSTRATION PROJECTS.—Section

18 314(d)(2) (33 U.S.C. 1324(d)(2)) is amended by in19 serting after ‘‘Sauk Lake, Minnesota;’’ the following:

20 ‘‘China Lake, Maine; Flathead Lake, Montana; Can21 dlewood Lake, Connecticut;’’.

22 (3) AUTHORIZATION OF APPROPRIATIONS.—

23 Section 314(d) (33 U.S.C. 1324(d)), as amended by

24 section 604(b)(4)(B)(ii), is further amended by

25 striking paragraph (3).
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1 (e) ASSESSMENT OF PHOSPHATES IN DETER2 GENTS.—

3 (1) IN GENERAL.—Not later than 4 years after

4 the date of enactment of this Act, the Administrator

5 shall carry out a study of phosphates in detergent

6 products and submit to Congress a report describing

7 the results of the study.

8 (2) CONTENTS OF STUDY.—The study required

9 under paragraph (1) shall include—

10 (A) an assessment of the quantity of phos11 phates in detergent products and the past and

12 future trends in the quantities of phosphates in

13 detergent products;

14 (B) an evaluation of the environmental

15 benefits of reduced levels of phosphates in de16 tergent products;

17 (C) an assessment of possible operational

18 and capital cost savings at publicly owned sew19 age treatment works that would result from

20 reduced levels of phosphates in detergent

21 products;

22 (D) an assessment of the availability of

23 substitutes for phosphates in dishwashing and

24 commercial and industrial detergent products,

25 including the degree to which substitutes are
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1 comparable to phosphate-based products in

2 terms of cost and effectiveness; and

3 (E) recommendations that the Adminis4 trator determines are appropriate regarding

5 phosphates or phosphate substitutes in deter6 gent products.

7 (f) CLEAN LAKES EDUCATION.—Section 314 (33

8 U.S.C. 1324), as amended by subsection (b)(1), is further

9 amended by adding at the end the following new sub10 section:

11 ‘‘(f) CLEAN LAKES EDUCATION.—

12 ‘‘(1) IN GENERAL.—The Administrator shall

13 develop and carry out a national program to educate

14 the public concerning lake quality and lake pollution

15 problems and to foster public involvement in lake as16 sessment and protection programs.

17 ‘‘(2) LAKE WATCH PROGRAM.—

18 ‘‘(A) ESTABLISHMENT.—Not later than 18

19 months after the date of enactment of this sub20 section, the Administrator shall, by regulation,

21 establish a program, to be known as the ‘Lake

22 Watch Program’ (referred to in this paragraph

23 as the ‘Program’), to encourage nonprofit citi24 zens groups to engage in lake assessment and

25 protection activities.
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1 ‘‘(B) CONTENTS OF REGULATIONS.—The

2 regulations issued pursuant to subparagraph

3 (A) shall establish—

4 ‘‘(i) a process for identifying citizens

5 groups interested in participating in the

6 Program;

7 ‘‘(ii) a national registry of—

8 ‘‘(I) citizens groups participating

9 in the Program; and

10 ‘‘(II) lakes with respect to which

11 the groups engage in assessment and

12 protection activities;

13 ‘‘(iii) minimum conditions to be met

14 by a citizens group that participates in the

15 Program, including—

16 ‘‘(I) minimum monitoring of lake

17 quality;

18 ‘‘(II) periodic reports of lake pro19 tection activities;

20 ‘‘(III) the identification of the

21 watershed area of each lake with re22 spect to which the group engages in

23 assessment and protection activities;

24 and
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1 ‘‘(IV) periodic renewal of partici2 pation; and

3 ‘‘(iv) a process for approval of the

4 participation of a group in the Program.

5 ‘‘(C) INFORMATIONAL PUBLICATION.—The

6 Administrator shall publish periodically an in7 formational publication on lake assessment and

8 protection for citizens groups participating in

9 the Program.

10 ‘‘(D) LAKE WATCH AWARD.—The Adminis11 trator shall provide an annual award, to be

12 known as the ‘Lake Watch Award’, to 1 of the

13 citizens groups participating in the Program in

14 each State that has demonstrated an outstand15 ing commitment to lake assessment and protec16 tion.

17 ‘‘(E) PROGRAM COORDINATION.—

18 ‘‘(i) IN GENERAL.—The Administrator

19 shall inform each citizens group participat20 ing in the Program of pollution control ac21 tivities within the watershed area of each

22 lake with respect to which the group en23 gages in assessment and protection activi24 ties, including—
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1 ‘‘(I) the award of grant assist2 ance pursuant to this section;

3 ‘‘(II) the initiation of an enforce4 ment action pursuant to section 309;

5 ‘‘(III) the award of an incentive

6 or demonstration grant pursuant to

7 section 319;

8 ‘‘(IV) the issuance of a permit

9 pursuant to section 402; and

10 ‘‘(V) the award of a loan or other

11 assistance pursuant to title VI.

12 ‘‘(ii) DELEGATION OF AUTHORITY.—

13 The Administrator may delegate the au14 thority to carry out this subparagraph to a

15 State.’’.

16 (g) NUISANCE AQUATIC VEGETATION CONTROL.—

17 (1) CONTROL PROGRAM.—Subtitle C of the

18 Nonindigenous Aquatic Nuisance Prevention and

19 Control Act of 1990 (16 U.S.C. 4721 et seq.) is

20 amended by adding at the end the following new

21 section:

22 ‘‘SEC. 1210. EURASIAN MILFOIL CONTROL.

23 ‘‘(a) IN GENERAL.—In coordination with regional,

24 State, and local entities, the Task Force shall undertake

25 a comprehensive and environmentally sound program to
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1 prevent the dissemination of Eurasian Milfoil

2 (Myriophyllum spicatum), including—

3 ‘‘(1) research and development concerning the

4 species, including environmental tolerances and im5 pacts on water quality, fisheries, and other eco6 system components;

7 ‘‘(2) the identification and assessment of mech8 anisms and means of limiting the dissemination of

9 the species to areas not infested as of the date of

10 enactment of this section;

11 ‘‘(3) the development of plans and the imple12 mentation of programs to prevent the dissemination

13 of the species; and

14 ‘‘(4) the provision of technical assistance to

15 regional, State, and local entities to carry out this

16 section.

17 ‘‘(b) REPORT.—Not later than 2 years after the date

18 of enactment of this section, the Task Force shall submit

19 to Congress a report that describes the implementation of

20 this section and makes recommendations regarding addi21 tional authorities or support necessary for the control of

22 the dissemination of Eurasian Milfoil.’’.

23 (2) INJURIOUS SPECIES.—Section 42(a)(1) of

24 title 18, United States Code, is amended by insert25 ing ‘‘of the Eurasian Milfoil of the species
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1 Myriophyllum spicatum;’’ before ‘‘of the zebra

2 mussel’’.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—

4 Section 1301(b) of the Nonindigenous Aquatic Nui5 sance Prevention and Control Act of 1990 (16

6 U.S.C. 4741(b)) is amended—

7 (A) in paragraph (6), by striking ‘‘and’’ at

8 the end;

9 (B) in paragraph (7), by striking the pe10 riod at the end and inserting ‘‘; and’’; and

11 (C) by adding at the end the following new

12 paragraph:

13 ‘‘(8) $1,000,000 to carry out section 1210.’’.

14 (h) CONFORMING AMENDMENT.—Section 606(c) (33

15 U.S.C. 1386(c)) is amended by striking paragraph (1) and

16 inserting the following new paragraph:

17 ‘‘(1) a list of projects and activities eligible for

18 assistance pursuant to section 603(c)(1);’’.

19 SEC. 614. LABOR STANDARDS.

20 (a) IN GENERAL.—Section 513 (33 U.S.C. 1372) is

21 amended to read as follows:

22 ‘‘LABOR STANDARDS

23 ‘‘The Administrator shall take such action as may be

24 necessary to ensure that each laborer or mechanic em25 ployed by a contractor or subcontractor of a project that

26 is financed in whole or in part by a grant, loan, loan guar-
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1 antee, refinancing, or any other form of financial assist2 ance provided under this Act (including assistance pro3 vided by a State from a water pollution revolving loan fund

4 established by a State pursuant to title VI) shall be paid

5 wages at rates that are not less than the prevailing rates

6 for projects of a similar character in the locality of the

7 project that is financed under this Act, as determined by

8 the Secretary of Labor in accordance with the Act of

9 March 3, 1931 (commonly known as the ‘Davis-Bacon

10 Act’) (40 U.S.C. 276a et seq.). With respect to the labor

11 standards specified in this section, the Secretary of Labor

12 shall have the authority established in the Reorganization

13 Plan Numbered 14 of 1950, published at 15 Federal Reg14 ister 3176, and section 2 of the Act of June 13, 1934

15 (48 Stat. 948, chapter 482, 40 U.S.C. 276c).’’.

16 (b) CONFORMING AMENDMENTS.—Section 602(b)

17 (33 U.S.C. 1382(b)) is amended—

18 (1) in paragraph (6), by striking ‘‘511(c)(1),

19 and 513’’ and inserting ‘‘and 511(c)(1)’’;

20 (2) by striking ‘‘and’’ at the end of paragraph

21 (9);

22 (3) by striking the period at the end of para23 graph (10) and inserting ‘‘; and’’; and

24 (4) by adding at the end the following new

25 paragraph:
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1 ‘‘(11) the State will meet the requirements of

2 section 513.’’.

3 SEC. 615. CONSULTATION WITH OTHER AGENCIES.

4 Section 501 (33 U.S.C. 1361), as amended by section

5 607(b)(2), is further amended by adding at the end the

6 following new subsection:

7 ‘‘(f) CONSULTATION WITH OTHER AGENCIES.—Not8 withstanding any other provision of this Act, the Adminis9 trator shall consult with any Federal agency having juris10 diction over food processing activities prior to the promul11 gation of any requirements for an effluent guideline, new

12 source performance standard, pretreatment standard,

13 process change, or use restriction which will affect food

14 processing activities to ensure that such effluent guideline,

15 pretreatment standard, process change, or use restriction

16 will not adversely affect food safety, or the integrity and

17 wholesomeness of a food product. In the event that the

18 Federal agency with jurisdiction over food processing ac19 tivities determines that such a requirement proposed for

20 adoption by the Administrator may adversely affect food

21 safety or the integrity and wholesomeness of a food prod22 uct, the Administrator shall publish, as a part of any final

23 or interim rule, the rationale of the Administrator for not

24 adopting changes or modifications proposed by the agency

25 with jurisdiction over food processing.’’.
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1 SEC. 616. OPERATOR TRAINING AND CERTIFICATION.

2 (a) OPERATOR TRAINING.—Section 109 (33 U.S.C.

3 1259) is amended to read as follows:

4 ‘‘OPERATOR TRAINING

5 ‘‘SEC. 109. (a) NATIONAL PROGRAM.—

6 ‘‘(1) IN GENERAL.—The Administrator shall

7 develop and implement a national program to train

8 individuals in the operation of municipal and indus9 trial wastewater treatment works and other facilities

10 with a water pollution control purpose.

11 ‘‘(2) REQUIREMENTS FOR TRAINING PRO12 GRAM.—The training program developed by the Ad13 ministrator under this section shall include—

14 ‘‘(A) the preparation of undergraduate stu15 dents enrolled in institutions of higher edu16 cation to enter an occupation that involves the

17 design, operation, and maintenance of

18 wastewater treatment works;

19 ‘‘(B) inservice training to improve and ad20 vance the knowledge and skills of individuals

21 employed in fields related to the design, oper22 ation, and maintenance of wastewater treat23 ment works; and

24 ‘‘(C) preservice training to be provided to

25 high school graduates who are not employed to

26 carry out the operation and maintenance of a
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1 wastewater treatment works at the time the

2 training is provided.

3 ‘‘(b) TRAINING PROGRAM GRANTS.—

4 ‘‘(1) IN GENERAL.—The Administrator shall

5 make grants to, or offer to enter into contracts with,

6 the appropriate officials of institutions of higher

7 education, or combinations of the institutions, and

8 State agencies to support the development and im9 plementation of wastewater treatment training pro10 grams pursuant to this section.

11 ‘‘(2) GUIDANCE.—Not later than 1 year after

12 the date of enactment of paragraph (5), the Admin13 istrator shall publish guidance that specifies the

14 minimum elements of the wastewater training pro15 grams referred to in paragraph (1). The guidance

16 shall indicate the relative emphasis that shall be

17 given to—

18 ‘‘(A) facility design, operation, and mainte19 nance;

20 ‘‘(B) undergraduate, inservice, and

21 preservice training; and

22 ‘‘(C) training for industrial and municipal

23 facilities.

24 ‘‘(3) SOLICITATION OF PROPOSALS.—Not later

25 than 18 months after the date of enactment of para-
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1 graph (5), the Administrator shall solicit proposals

2 from institutions of higher education, or combina3 tions of the institutions, and State agencies to pro4 vide training services.

5 ‘‘(4) TRAINING GRANTS.—The Administrator

6 shall, to the extent adequate funds are available,

7 award training grants to institutions of higher edu8 cation, or combinations of the institutions, and State

9 agencies for each fiscal year.

10 ‘‘(5) CONSIDERATIONS FOR AWARDING

11 GRANTS.—In awarding a training grant under this

12 subsection, the Administrator shall consider—

13 ‘‘(A) the demonstrated capability of the

14 applicant to provide training services;

15 ‘‘(B) the degree to which the proposed pro16 gram is consistent with the guidance published

17 pursuant to paragraph (2);

18 ‘‘(C) the results of any evaluation con19 ducted pursuant to paragraph (6); and

20 ‘‘(D) the degree to which the geographic

21 area to be served by the program that is the

22 subject of the grant proposal will, in combina23 tion with other programs funded pursuant to

24 this section, ensure the reasonable availability
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1 of training programs throughout the United

2 States.

3 ‘‘(6) REVIEW AND EVALUATION.—The Adminis4 trator shall provide for the review and evaluation of

5 each training program that receives funding pursu6 ant to this section not later than 3 years after the

7 program initially receives the funding, and every 3

8 years thereafter.’’.

9 (b) OPERATOR CERTIFICATION.—

10 (1) IN GENERAL.—Section 110 (33 U.S.C.

11 1260) is amended to read as follows:

12 ‘‘OPERATOR CERTIFICATION

13 ‘‘SEC. 110. (a) IN GENERAL.—

14 ‘‘(1) CERTIFICATION.—The chief operator of a

15 publicly owned treatment works that has a permit is16 sued pursuant to section 402, and such additional

17 personnel as may be designated by a State, shall be

18 certified as proficient pursuant to this section by the

19 State in accordance with this section.

20 ‘‘(2) EFFECTIVE DATE.—The requirement re21 ferred to in paragraph (1) shall become effective on

22 the date that is 4 years after the date of enactment

23 of paragraph (4), unless the State extends the effec24 tive date pursuant to paragraph (3).

25 ‘‘(3) EXTENSION.—The State may extend the

26 effective date of the requirement referred to in para-
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1 graph (1) for a period of not to exceed 3 years on

2 a facility-specific basis if the State determines that,

3 with respect to a facility, adequate opportunity to

4 seek certification did not exist during the period de5 scribed in paragraph (2).

6 ‘‘(4) CERTIFICATION GRANTED TO INDIVID7 UAL.—Each certification of proficiency issued by the

8 appropriate official of a State under this section

9 shall be granted to the individual that receives the

10 certification and shall not be granted to the treat11 ment works where the individual is employed.

12 ‘‘(b) GUIDELINES.—

13 ‘‘(1) IN GENERAL.—Not later than 1 year after

14 the date of enactment of subsection (c), the Admin15 istrator shall publish guidelines for the certification

16 of operators by a State pursuant to this section that

17 may be used by the States in establishing certifi18 cation programs under this section.

19 ‘‘(2) REQUIREMENTS FOR GUIDELINES.—

20 ‘‘(A) IN GENERAL.—The guidelines de21 scribed in paragraph (1) shall specify, for a

22 chief operator of a publicly owned treatment

23 works, essential skills and knowledge for the

24 chief operator to carry out the duties of the

25 chief operator in a proficient manner and may
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1 include guidance with respect to the frequency

2 of recertification.

3 ‘‘(B) TREATMENT WORKS OPERATOR’S

4 MANUAL.—Not later than 1 year after the date

5 of enactment of subsection (c), the Adminis6 trator shall publish a treatment works opera7 tor’s manual that describes essential knowledge

8 and skills of—

9 ‘‘(i) a chief operator; and

10 ‘‘(ii) such additional personnel as the

11 Administrator determines to be appro12 priate to receive operator proficiency cer13 tification.

14 ‘‘(c) FEDERAL PROGRAM.—If a State does not have

15 in effect a permit program that has been approved by the

16 Administrator under section 402, the Administrator shall

17 carry out an operator certification program for the State

18 in a manner that meets the requirements for a program

19 carried out by a State under this section.’’.

20 (2) ENFORCEMENT.—Section 309(g)(1)(A) (33

21 U.S.C. 1319(g)(1)(A)) is further amended by insert22 ing ‘‘110(a),’’ after ‘‘violated section’’.

23 (3) REQUIREMENTS FOR STATE PERMIT PRO24 GRAMS.—Section 402(b) (33 U.S.C. 1342(b)), as
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1 amended by section 502(a)(1), is further amended

2 by adding at the end the following new paragraph:

3 ‘‘(12) To carry out an operator certification program

4 pursuant to section 110.’’.

5 (c) SCHOLARSHIPS.—

6 (1) RELATIONSHIP TO TRAINING GRANT PRO7 GRAM.—Section 111(3) (33 U.S.C. 1261(3)) is

8 amended by striking subparagraph (C) and inserting

9 the following new subparagraph:

10 ‘‘(C) that the institution is participating in, or

11 has participated in, the training grant program

12 under section 109(b); and’’.

13 (2) REPRESENTATION OF MINORITIES AND

14 WOMEN.—Section 111(3)(D) (33 U.S.C.

15 1261(3)(D)) is amended—

16 (A) by striking ‘‘and’’ at the end of clause

17 (i); and

18 (B) by inserting before the period the fol19 lowing: ‘‘, and (iii) the institution will make

20 reasonable efforts to ensure representation of

21 minorities and women in the program’’.

22 (d) DEFINITIONS AND AUTHORIZATIONS.—Section

23 112 (33 U.S.C. 1262) is amended—

24 (1) in subsection (a)(1), by inserting after the

25 first sentence the following new sentence: ‘‘The term
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1 shall include any community college, technical col2 lege, or State environmental agency.’’;

3 (2) by striking subsection (b) and inserting the

4 following new subsection:

5 ‘‘(b) REPORT.—The Administrator shall, not later

6 than 2 years after the date of enactment of the Water

7 Pollution Prevention and Control Act of 1994, and not

8 less frequently than every 2 years thereafter, submit a re9 port to Congress concerning the implementation of train10 ing, certification, and scholarship programs under sections

11 109, 110, and 111.’’; and

12 (3) in subsection (c)—

13 (A) by striking ‘‘(c) There’’ and inserting

14 the following:

15 ‘‘(c) AUTHORIZATIONS.—

16 ‘‘(1) IN GENERAL.—There’’; and

17 (B) by adding at the end the following new

18 paragraph:

19 ‘‘(2) TRAINING AND SCHOLARSHIPS.—There

20 are authorized to be appropriated to the Environ21 mental Protection Agency to carry out sections 109

22 and 111, $15,000,000 for each of fiscal years 1995

23 through 2000.’’.
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1 SEC. 617. LIMITATION ON FUNDING.

2 Title V (33 U.S.C. 1361 et seq.), as amended by sec3 tion 610, is further amended—

4 (1) by redesignating section 521 as section 522;

5 and

6 (2) by inserting after section 520 the following

7 new section:

8 ‘‘LIMITATION ON FUNDING

9 ‘‘SEC. 521. Nothing in this Act shall authorize pro10 viding Federal funds to any nongovernmental organization

11 or entity for the purpose of identifying violations of section

12 404 on private lands.’’.

13 SEC. 618. TECHNICAL AMENDMENTS TO SECTION HEAD14 INGS.

15 (a) The section heading and subsection designation

16 of subsection (a) of section 118 (33 U.S.C. 1268) are

17 amended to read as follows:

18 ‘‘GREAT LAKES

19 ‘‘SEC. 118. (a)’’.

20 (b) The section heading and subsection designation

21 of subsection (a) of section 320 (33 U.S.C. 1330) are

22 amended to read as follows:

23 ‘‘NATIONAL ESTUARY PROGRAM

24 ‘‘SEC. 320. (a)’’.
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1 (c) The section heading and subsection designation

2 of subsection (a) of section 518 (33 U.S.C. 1377) are

3 amended to read as follows:

4 ‘‘INDIAN TRIBES

5 ‘‘SEC. 518. (a)’’.

6 (d) The section heading and subsection designation

7 of subsection (a) of section 601 (33 U.S.C. 1381) are

8 amended to read as follows:

9 ‘‘GRANTS TO STATES FOR ESTABLISHMENT OF

10 REVOLVING FUNDS

11 ‘‘SEC. 601. (a)’’.

12 (e) The section heading and subsection designation

13 of subsection (a) of section 602 (33 U.S.C. 1382) are

14 amended to read as follows:

15 ‘‘CAPITALIZATION GRANT AGREEMENTS

16 ‘‘SEC. 602. (a)’’.

17 (f) The section heading and subsection designation

18 of subsection (a) of section 603 (33 U.S.C. 1383) are

19 amended to read as follows:

20 ‘‘WATER POLLUTION CONTROL REVOLVING LOAN FUNDS

21 ‘‘SEC. 603. (a)’’.

22 (g) The section heading and subsection designation

23 of subsection (a) of section 604 (33 U.S.C. 1384) are

24 amended to read as follows:

25 ‘‘ALLOTMENT OF FUNDS

26 ‘‘SEC. 604. (a)’’.
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1 (h) The section heading and subsection designation

2 of subsection (a) of section 605 (33 U.S.C. 1385) are

3 amended to read as follows:

4 ‘‘CORRECTIVE ACTION

5 ‘‘SEC. 605. (a)’’.

6 (i) The section heading and subsection designation of

7 subsection (a) of section 606 (33 U.S.C. 1386) are amend8 ed to read as follows:

9 ‘‘AUDITS, REPORTS, AND FISCAL CONTROLS; INTENDED

10 USE PLAN

11 ‘‘SEC. 606. (a)’’.

12 (j)(1) The section heading of section 607 (33 U.S.C.

13 1387) is amended to read as follows:

14 ‘‘AUTHORIZATION OF APPROPRIATIONS

15 (2) Section 607 is further amended by inserting be16 fore ‘‘(a) IN GENERAL’’ the following: ‘‘SEC. 607.’’.

17 TITLE VII—WETLANDS

18 SEC. 701. DECLARATION OF POLICIES AND GOALS.

19 (a) NO NET LOSS OF WETLANDS.—Section 101(a)

20 (33 U.S.C. 1251(a)) is amended—

21 (1) by striking ‘‘and’’ at the end of paragraph

22 (6);

23 (2) by striking the period at the end of para24 graph (7) and inserting ‘‘; and’’; and

25 (3) by adding at the end the following new

26 paragraph:
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1 ‘‘(8) it is the national policy to achieve, through

2 regulatory and nonregulatory strategies involving all

3 levels of government—

4 ‘‘(A) the conservation and restoration of

5 wetlands to increase the quality and quantity of

6 the wetlands resource base of the United

7 States; and

8 ‘‘(B) no overall net loss of the remaining

9 wetlands resource base of the United States.’’.

10 (b) PROTECTION OF PRIVATE PROPERTY.—Section

11 404 (33 U.S.C. 1344) is amended by adding at the end

12 the following new subsection:

13 ‘‘(u) PROTECTION OF PRIVATE PROPERTY.—In car14 rying out this Act, the Administrator and the Secretary

15 of the Army shall not take private property for public use,

16 without just compensation.’’.

17 SEC. 702. DEFINITION AND DELINEATION OF WETLANDS.

18 (a) DEFINITIONS.—Section 502 (33 U.S.C. 1362), as

19 amended by section 605(c), is further amended—

20 (1) in paragraph (7), by inserting ‘‘, and in21 cluding wetlands’’ before the period; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(22) WETLANDS.—The term ‘wetlands’ means

25 those areas that are inundated or saturated by sur-
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1 face or ground water at a frequency and duration

2 sufficient to support, and that under normal cir3 cumstances do support, a prevalence of vegetation

4 typically adapted for life in saturated soil conditions.

5 The term generally includes swamps, marshes, bogs,

6 fens, potholes, playa lakes, vernal pools, and similar

7 areas.’’.

8 (b) DELINEATION OF WETLANDS.—

9 (1) REVISIONS TO DELINEATION PROCE10 DURES.—

11 (A) IN GENERAL.—After the date of enact12 ment of this Act, no revisions to or clarifica13 tions of the guidelines for identifying and delin14 eating wetlands areas under section 404(a) of

15 the Federal Water Pollution Control Act (33

16 U.S.C. 1344(a)) shall be issued until the Na17 tional Academy of Sciences has completed the

18 study of wetlands authorized by the Depart19 ments of Veterans Affairs and Housing and

20 Urban Development, and Independent Agencies

21 Appropriations Act, 1993 (Public Law 102–

22 389).

23 (B) REVISIONS.—On completion of the

24 study required under subparagraph (A), the

25 Administrator of the Environmental Protection
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1 Agency shall review the results of the study to

2 determine whether any revisions to the guide3 lines referred to in subparagraph (A) are nec4 essary. Any revision to the guidelines shall be

5 made in accordance with section 404(a)(2) of

6 such Act (as added by paragraph (3)(C)).

7 (2) CONTINUED USE OF 1987 MANUAL.—

8 (A) IN GENERAL.—Until the guidelines for

9 identifying and delineating wetlands areas are

10 issued pursuant to section 404(a) of the Fed11 eral Water Pollution Control Act (33 U.S.C.

12 1344(a)), the Secretary of the Army, acting

13 through the Chief of Engineers, and the Admin14 istrator of the Environmental Protection Agen15 cy shall use the Corps of Engineers Wetlands

16 Delineation Manual issued in January 1987

17 (Technical Report Y-87-1) and implementing

18 guidelines to identify and delineate the wetlands

19 areas.

20 (B) AGRICULTURAL LANDS.—

21 (i) IN GENERAL.—Wetlands located

22 on agricultural lands and associated non23 agricultural lands shall be delineated by

24 the Secretary of Agriculture in accordance

25 with the memorandum of agreement dated
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1 January 6, 1994, concerning the delinea2 tion of wetlands for the purposes of section

3 404 of the Federal Water Pollution Con4 trol Act (33 U.S.C. 1344) and subtitle C

5 of title XII of the Food Security Act of

6 1985 (16 U.S.C. 3821 et seq.) entered into

7 by the Secretary of Agriculture, the Ad8 ministrator of the Environmental Protec9 tion Agency, the Secretary of the Interior,

10 and the Secretary of the Army.

11 (ii) RANGELANDS.—The Secretary of

12 Agriculture, in coordination with the Sec13 retary of the Army or the Administrator of

14 the Environmental Protection Agency, as

15 appropriate, and in consultation with the

16 Secretary of the Interior, shall delineate

17 wetlands on rangelands. In delineating

18 wetlands on rangelands, the Secretary of

19 Agriculture shall use the guidelines issued

20 under section 404(a)(2) of the Federal

21 Water Pollution Control Act (33 U.S.C.

22 1344(a)(2)). Until the guidelines are is23 sued, the Secretary of Agriculture shall use

24 the Corps of Engineers Wetlands Delinea25 tion Manual issued in January 1987
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1 (Technical Report Y–87–1) and imple2 menting guidelines to delineate wetlands

3 on rangelands.

4 (3) DELINEATION GUIDELINES; ISSUANCE OF

5 PERMITS.—Section 404(a) (33 U.S.C. 1344(a)) is

6 amended—

7 (A) by striking ‘‘(a) The Secretary’’ and

8 inserting the following:

9 ‘‘(a) IN GENERAL.—

10 ‘‘(1) ISSUANCE OF PERMITS.—The Secretary’’;

11 (B) by adding at the end of paragraph (1)

12 (as so designated) the following new sentence:

13 ‘‘The Secretary shall request from the applicant

14 any additional information to complete the ap15 plication not later than 60 days after the Sec16 retary receives the application.’’; and

17 (C) by adding at the end the following new

18 paragraph:

19 ‘‘(2) WETLANDS DELINEATION GUIDELINES.—

20 The Administrator, in consultation with the Sec21 retary, the Secretary of Agriculture, and the Sec22 retary of the Interior, after field testing and notice

23 and opportunity for public review and comment, may

24 issue guidelines to identify and delineate wetlands

25 areas. The guidelines shall—
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1 ‘‘(A) be developed in consultation with the

2 States;

3 ‘‘(B) be based on the best available sci4 entific information, including the results of the

5 National Academy of Sciences study of wet6 lands authorized by the Departments of Veter7 ans Affairs and Housing and Urban Develop8 ment, and Independent Agencies Appropriations

9 Act, 1993 (Public Law 102–389); and

10 ‘‘(C) take into account regional variations

11 in hydrology, soils, and vegetation.’’.

12 (4) DELINEATION TRAINING AND OUTREACH.—

13 (A) TRAINING OF WETLANDS DELINEA14 TORS.—

15 (i) IN GENERAL.—The Secretary of

16 the Army, in cooperation with the Admin17 istrator of the Environmental Protection

18 Agency, the Secretary of Agriculture, and

19 the Secretary of the Interior, shall offer

20 training to Federal employees engaged in

21 the identification and delineation of wet22 lands pursuant to section 404(a) of the

23 Federal Water Pollution Control Act and

24 subtitle C of title XII of the Food Security

25 Act of 1985 (16 U.S.C. 3821 et seq.). The
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1 training shall also be offered, to the extent

2 practicable, to employees of State and local

3 governments and private consultants en4 gaged in the identification and delineation

5 of wetlands.

6 (ii) REQUIREMENT FOR FEDERAL EM7 PLOYEES.—All Federal employees engaged

8 in the delineation of wetlands shall be

9 trained pursuant to this paragraph not

10 later than December 31, 1996. After De11 cember 31, 1996, any Federal employee

12 shall be trained pursuant to this paragraph

13 before delineating wetlands.

14 (B) FUNDING FOR TRAINING PROGRAM.—

15 Of the amounts made available by appropria16 tions for each fiscal year beginning after the

17 date of enactment of this Act for administration

18 of section 404 of the Federal Water Pollution

19 Control Act (33 U.S.C. 1344) by the Corps of

20 Engineers, the Secretary of the Army, in co21 operation with the Administrator, shall use such

22 amounts as are practicable to carry out the pro23 gram of the Corps of Engineers for—

24 (i) interagency wetlands delineation

25 training; and
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1 (ii) training of Federal employees and

2 other individuals as wetlands delineators

3 authorized by section 307(e) of the Water

4 Resources Development Act of 1990 (33

5 U.S.C. 2317(e)).

6 (5) ASSISTING SMALL LANDOWNERS WITH WET7 LANDS DELINEATION.—

8 (A) IN GENERAL.—Of amounts made

9 available by appropriations for each fiscal year

10 beginning after the date of enactment of this

11 Act for administration of section 404 of the

12 Federal Water Pollution Control Act (33 U.S.C.

13 1344), the Secretary of the Army, acting

14 through the Chief of Engineers, and the Admin15 istrator of the Environmental Protection Agen16 cy shall use such amounts as are necessary, but

17 not to exceed a combined total of $5,000,000,

18 to assist private landowners who lack the finan19 cial capacity to identify or delineate wetlands in

20 order to apply for permits under such section or

21 to avoid impacts to wetlands.

22 (B) FORM OF ASSISTANCE.—The assist23 ance under subparagraph (A) shall be provided

24 in cooperation with the Director of the United

25 States Fish and Wildlife Service and the Chief
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1 of the Soil Conservation Service and shall in2 clude—

3 (i) to the maximum extent practicable,

4 the delineation of wetlands boundaries not

5 later than 90 days after receipt of a re6 quest for the delineation; and

7 (ii) technical assistance to owners of

8 wetlands in the preparation of wetlands

9 management plans for the lands of the

10 owners to protect and restore wetlands and

11 meet other goals of the Federal Water Pol12 lution Control Act (33 U.S.C. 1251 et

13 seq.), including the protection and propa14 gation of fish, shellfish, and wildlife, the

15 control of nonpoint and point sources of

16 pollution, the prevention and reduction of

17 erosion, and the protection of streams, es18 tuaries, and lakes.

19 (C) REGULATIONS.—Not later than 180

20 days after the date of enactment of this Act,

21 the Secretary and the Administrator of the En22 vironmental Protection Agency, in cooperation

23 with the Secretary of the Interior and the Sec24 retary of Agriculture, shall issue regulations de25 fining the scope of technical assistance and
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1 which landowners are eligible for assistance

2 under this paragraph.

3 (6) EDUCATION AND INFORMATION.—The Sec4 retary of the Army, acting through the Chief of En5 gineers, and the Administrator of the Environmental

6 Protection Agency shall, in cooperation with the Co7 ordinating Committee established under section 324

8 of the Federal Water Pollution Control Act (as

9 added by section 710(b)), prepare, update on a bien10 nial basis, and make available to the public for pur11 chase at cost—

12 (A) an indexed publication containing all

13 Federal regulations, general permits, and regu14 latory guidance letters relevant to the permit15 ting of activities pursuant to section 404 of the

16 Federal Water Pollution Control Act (33 U.S.C.

17 1344); and

18 (B) information to enable the general pub19 lic to understand the delineation of wetlands,

20 the permitting requirements referred to in sub21 paragraph (A), wetlands restoration, wetlands

22 functions and values, available nonregulatory

23 programs to conserve wetlands, and other mat24 ters that the Secretary of the Army and the Ad-
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1 ministrator of the Environmental Protection

2 Agency consider relevant.

3 (7) FEDERAL REGISTER PUBLICATION.—The

4 Secretary of the Army and the Administrator of the

5 Environmental Protection Agency shall publish in

6 the Federal Register all memoranda of agreement

7 and regulatory guidance letters relevant to the per8 mitting of activities pursuant to section 404 of the

9 Federal Water Pollution Control Act (33 U.S.C.

10 1344).

11 SEC. 703. REGULATION OF ACTIVITIES.

12 (a) DEFINITIONS.—

13 (1) IN GENERAL.—Subsection (d) of section

14 404 (33 U.S.C. 1344(d)) is amended to read as

15 follows:

16 ‘‘(d) DEFINITIONS.—As used in this section:

17 ‘‘(1) FILL MATERIAL.—The term ‘fill material’

18 means any material that replaces portions of navi19 gable water with dry land or that changes the bot20 tom elevation or configuration of a water body for

21 any purpose.

22 ‘‘(2) SECRETARY.—The term ‘Secretary’ means

23 the Secretary of the Army, acting through the Chief

24 of Engineers.’’.
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1 (2) POLLUTANT.—Section 502(6) (33 U.S.C.

2 1362(6)) is amended by inserting ‘‘fill material,

3 dirt,’’ after ‘‘dredged spoil,’’.

4 (b) DISCHARGE OF DREDGED OR FILL MATERIAL

5 DEFINED.—Section 404(d) (33 U.S.C. 1344(d)), as

6 amended by subsection (a), is further amended by adding

7 at the end the following new paragraph:

8 ‘‘(3) DISCHARGE OF DREDGED OR FILL MATE9 RIAL.—The term ‘discharge of dredged or fill mate10 rial’ means any addition of dredged or fill material

11 into navigable waters and includes, without limita12 tion, any addition or redeposit of dredged materials,

13 including excavated materials, into the navigable wa14 ters that is incidental to any activity, including

15 draining, mechanized land clearing, ditching, chan16 nelization, or other excavation that has or would

17 have the effect of destroying or degrading any area

18 of navigable waters.’’.

19 SEC. 704. PERMIT PROCESSING IMPROVEMENTS.

20 (a) PERMIT DECISION DEADLINES.—Section 404(a)

21 (33 U.S.C. 1344(a)), as amended by section 702(b)(3)(C),

22 is further amended by adding at the end the following new

23 paragraphs:

24 ‘‘(3) DATE OF DECISION BY SECRETARY.—Ex25 cept as provided in paragraph (4), the Secretary
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1 shall make a decision with respect to an application

2 for a permit submitted under paragraph (1) not

3 later than 90 days after the date the notice of the

4 application is published under paragraph (1).

5 ‘‘(4) EXTENSION.—The decision of the Sec6 retary with respect to an application for a permit

7 under paragraph (1) may be made after the date

8 specified in paragraph (3), only if—

9 ‘‘(A) with respect to issuance of the per10 mit, the Secretary is required under the Na11 tional Environmental Policy Act of 1969 (42

12 U.S.C. 4321 et seq.) to issue an environmental

13 impact statement, in which case the decision

14 shall be made not later than 30 days after the

15 date on which the requirements of such Act are

16 met;

17 ‘‘(B) the permit application involves an ac18 tivity that may affect any species that is listed

19 or proposed for listing or any critical habitat

20 that is designated or proposed for designation

21 under the Endangered Species Act of 1973 (16

22 U.S.C. 1531 et seq.), in which case the decision

23 shall be made not later than 30 days after the

24 date on which the requirements of such Act are

25 met, as determined by the Secretary of the In-
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1 terior or the Secretary of Commerce, whomever

2 is appropriate;

3 ‘‘(C) the Administrator, the Secretary of

4 Agriculture, the Secretary of the Interior, the

5 Secretary of Commerce, or the Secretary of

6 Transportation, the head of any other appro7 priate Federal agency, or the Governor of the

8 State in which the activity occurs requests that

9 the decision be made after the date specified in

10 paragraph (3), in which case the decision shall

11 be made not later than 150 days after the ap12 plication is published under paragraph (1);

13 ‘‘(D) the Secretary and the applicant for

14 the permit determine that additional time is

15 needed to evaluate the application; or

16 ‘‘(E) the decision is precluded as a matter

17 of law or procedures required by law.

18 ‘‘(5) CONSEQUENCES OF FAILURE BY THE SEC19 RETARY TO MAKE A DECISION.—If the Secretary

20 fails to make a decision by the date specified in

21 paragraph (3) or, in an area subject to an approved

22 wetlands and watershed management plan, by the

23 date specified in section 323(d)(2), the applicant for

24 the permit may—
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1 ‘‘(A) treat the lack of a decision as a de2 nial of the permit and appeal the denial pursu3 ant to paragraph (6); or

4 ‘‘(B) pursue any other remedy authorized

5 by law.’’.

6 (b) DEADLINES ON PROHIBITION OR RESTRICTION

7 OF ACTIVITIES BY ADMINISTRATOR.—Section 404(c) (33

8 U.S.C. 1344(c)) is amended by adding at the end the fol9 lowing new sentence: ‘‘The Administrator shall make any

10 determination under this subsection to prohibit or restrict

11 any discharge into navigable waters resulting from an ac12 tivity for which a permit may be issued under subsection

13 (a) not later than 180 days after the date of decision with

14 respect to an application for a permit under subsection

15 (a).’’.

16 (c) ADMINISTRATIVE APPEAL OF PERMIT DECI17 SIONS.—Section 404(a) (33 U.S.C. 1344(a)), as amended

18 by subsection (a), is further amended by adding at the

19 end the following new paragraph:

20 ‘‘(6) REGULATIONS.—

21 ‘‘(A) IN GENERAL.—Not later than 180

22 days after the date of enactment of this para23 graph, the Secretary shall, in consultation with

24 the Administrator and the Secretary of the In25 terior and after providing notice and an oppor-
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1 tunity for public comment, issue regulations es2 tablishing procedures pursuant to which—

3 ‘‘(i) a landowner may appeal a deter4 mination of regulatory jurisdiction under

5 this section with respect to a parcel of

6 property;

7 ‘‘(ii) a landowner or any other person

8 against whom an administrative penalty

9 has been imposed pursuant to this section

10 may appeal the imposition or the amount

11 of the penalty; and

12 ‘‘(iii) an applicant for a permit sub13 mitted under paragraph (1) or any other

14 person who participated in a public com15 ment process concerning the application

16 for the permit and commented on the issue

17 that is the subject of the appeal, unless the

18 issue raised is based on new information or

19 a condition unknown at the time of the

20 public comment of the party appealing the

21 decision, may appeal a decision made pur22 suant to this section to grant, deny, or

23 condition the permit.

24 ‘‘(B) FILING AND DECISION DEADLINES.—

25 An appeal brought pursuant to this paragraph
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1 shall be filed not later than 30 days after the

2 date on which the decision or action on which

3 the appeal is based occurs. An appeal shall be

4 decided not later than 90 days after the date on

5 which the appeal was filed.

6 ‘‘(C) OFFICIAL DECIDING APPEAL.—An

7 appeal brought pursuant to this paragraph

8 shall, to the extent allowable by law, be heard

9 and decided by an appropriate and impartial of10 ficial of the Federal Government, other than

11 the official who made the determination or

12 carried out the action that is the subject of the

13 appeal.

14 ‘‘(D) PAYMENT OR MITIGATION AFTER AP15 PEAL.—A landowner who has filed an appeal

16 under subparagraph (B) shall not be required

17 to pay a penalty or perform mitigation or res18 toration assessed under this section or section

19 309 until after the appeal has been decided by

20 the Secretary.’’.

21 SEC. 705. GENERAL PERMIT IMPROVEMENTS.

22 Subsection (e) of section 404 (33 U.S.C. 1344(e)) is

23 amended to read as follows:

24 ‘‘(e) GENERAL PERMITS.—
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1 ‘‘(1) IN GENERAL.—In carrying out the func2 tions of the Secretary under this section relating to

3 the discharge of dredged or fill material, the Sec4 retary may, after notice and opportunity for a public

5 hearing, issue general permits.

6 ‘‘(2) CATEGORIES OF ACTIVITIES.—The general

7 permits may be issued on a State, regional, or na8 tionwide basis for any category of activities involving

9 discharges of dredged or fill material if the Sec10 retary determines that the activities in the cat11 egory—

12 ‘‘(A) are similar in nature and will cause

13 only minimal adverse environmental effects

14 when performed separately; and

15 ‘‘(B) will have only a minimal cumulative

16 adverse effect on the environment.

17 ‘‘(3) STATE PROGRAMS.—A general permit may

18 be issued by the Secretary for a then existing State

19 regulatory program to avoid unnecessary duplication

20 of requirements by Federal and State programs if

21 the general permit—

22 ‘‘(A) requires that the State regulatory

23 program has jurisdiction over the activities and

24 waters within the scope of the general permit;
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1 ‘‘(B) provides adequate safeguards to en2 sure that the State regulatory program will

3 have no more than minimal cumulative impacts

4 on the environment and will provide at least the

5 same degree of protection for the navigable wa6 ters as the protection provided by this section;

7 ‘‘(C) provides at least the same oppor8 tunity for public review, comment, and hearings

9 as the opportunity provided by this section; and

10 ‘‘(D) includes provisions to provide an op11 portunity for the Secretary, in cooperation with

12 the Administrator, the Secretary of the Interior

13 (acting through the Director of the United

14 States Fish and Wildlife Service), and the Sec15 retary of Commerce (acting through the Admin16 istrator of the National Oceanic and Atmos17 pheric Administration) to review proposed per18 mit decisions of the State regulatory agency to

19 ensure that the requirements of this subsection

20 are met, which provisions shall—

21 ‘‘(i) specify appropriate levels of Fed22 eral review for particular types of permit

23 decisions of the State to ensure, to the

24 maximum extent practicable, that the re25 view is directed primarily at permits that
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1 may have more than minimal adverse im2 pacts on the environment; and

3 ‘‘(ii) specify that, in the case of any

4 permit decision of the State that will have

5 more than minimal adverse impacts on the

6 environment, the Secretary may determine

7 whether to issue the permit pursuant to

8 subsection (a).

9 ‘‘(4) CONSISTENCY WITH SWAMPBUSTER.—A

10 general permit may be issued for discharges of

11 dredged or fill material associated with activities

12 found by the Secretary of Agriculture, in consulta13 tion with the Secretary of the Interior acting

14 through the Director of the United States Fish and

15 Wildlife Service, to be exempted from the ineligibility

16 provisions of section 1221 of the Food Security Act

17 of 1985 (16 U.S.C. 3821) pursuant to subsections

18 (f) and (h) of section 1222 of such Act (16 U.S.C.

19 3822) if the general permit—

20 ‘‘(A) provides adequate safeguards to en21 sure that the activities exempted will have no

22 more than minimal individual and cumulative

23 impacts on the environment; and

24 ‘‘(B) includes provisions to provide an op25 portunity for the Secretary and the Adminis-
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1 trator to review determinations by the Secretary

2 of Agriculture to ensure that the terms and

3 conditions of the general permit and the re4 quirements of this subsection are met.

5 ‘‘(5) REQUIREMENTS APPLICABLE TO GENERAL

6 PERMITS.—

7 ‘‘(A) PERIOD; REVOCATION OR MODIFICA8 TION.—No general permit issued under this

9 subsection shall be for a period of more than 5

10 years after the date of issuance of the permit.

11 The general permit shall be revoked or modified

12 by the Secretary if, after providing notice and

13 opportunity to request a public hearing, the

14 Secretary determines that—

15 ‘‘(i) the activities authorized by the

16 general permit—

17 ‘‘(I) have more than a minimal

18 adverse impact on the environment

19 (individually or cumulatively); or

20 ‘‘(II) are more appropriately au21 thorized by individual permits; or

22 ‘‘(ii) a State has failed to adequately

23 monitor and control the individual and cu24 mulative adverse effects of activities au-
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1 thorized by a State program general per2 mit issued under paragraph (3).

3 ‘‘(B) REQUIREMENTS.—Each general per4 mit issued under this subsection shall—

5 ‘‘(i) be based on the guidelines devel6 oped pursuant to subsection (b)(1); and

7 ‘‘(ii) set forth requirements and

8 standards that shall apply to any activity

9 authorized by the permit, including specific

10 enforceable requirements and standards for

11 the mitigation of adverse impacts to wet12 lands and other navigable waters.’’.

13 SEC. 706. COORDINATION AND CLARIFICATION OF PRO14 GRAM CONCERNING AGRICULTURAL ACTIVI15 TIES.

16 (a) COORDINATION WITH AGRICULTURAL PRO17 GRAMS.—Section 404(q) (33 U.S.C. 1344(q)) is amend18 ed—

19 (1) by striking ‘‘(q) Not’’ and inserting the

20 following:

21 ‘‘(q) AGREEMENTS.—

22 ‘‘(1) IN GENERAL.—Not’’; and

23 (2) by adding at the end the following new

24 paragraph:
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1 ‘‘(2) TECHNICAL DETERMINATIONS.—In mak2 ing technical determinations concerning waters of

3 the United States located on agricultural lands, in4 cluding the delineation of prior converted croplands,

5 the Secretary, the Administrator, the Secretary of

6 the Interior, and the Secretary of Agriculture

7 shall—

8 ‘‘(A) use consistent criteria and proce9 dures, in accordance with the memorandum of

10 agreement dated January 6, 1994, concerning

11 the delineation of wetlands for the purposes of

12 this section and subtitle C of title XII of the

13 Food Security Act of 1985 (16 U.S.C. 3821 et

14 seq.) entered into by the Secretary of Agri15 culture, the Administrator of the Environmental

16 Protection Agency, the Secretary of the Inte17 rior, and the Secretary of the Army; and

18 ‘‘(B) provide information and education to

19 the public concerning the criteria and proce20 dures referred to in subparagraph (A).’’.

21 (b) EXEMPTION FOR PRIOR CONVERTED CROP22 LAND.—Section 404(f) (33 U.S.C. 1344(f)) is amended by

23 adding at the end the following new paragraph:

24 ‘‘(3) PRIOR CONVERTED CROPLAND.—
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1 ‘‘(A) IN GENERAL.—An area determined

2 (in accordance with the memorandum described

3 in subparagraph (B)) to be prior converted

4 cropland and that no longer meets the defini5 tion of ‘wetland’ under section 1201(a)(16) of

6 the Food Security Act of 1985 (16 U.S.C.

7 3801(16)) shall not be considered to be navi8 gable waters.

9 ‘‘(B) MEMORANDUM.—The memorandum

10 described in this subparagraph is the memoran11 dum of agreement dated January 6, 1994, con12 cerning the delineation of wetlands for the pur13 poses of this section and subtitle C of title XII

14 of the Food Security Act of 1985 (16 U.S.C.

15 3821 et seq.) entered into by the Secretary of

16 Agriculture, the Administrator of the Environ17 mental Protection Agency, the Secretary of the

18 Interior, and the Secretary of the Army.’’.

19 (c) OTHER EXEMPT WATERS AND AREAS.—Section

20 404(f) (33 U.S.C. 1344(f)), as amended by subsection (b),

21 is further amended by adding at the end the following new

22 paragraph:

23 ‘‘(4) EXCLUSION FROM NAVIGABLE WATERS.—

24 For purposes of this section, the following shall not

25 be considered to be navigable waters:
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1 ‘‘(A) Nontidal drainage and irrigation

2 ditches excavated in uplands.

3 ‘‘(B) Artificially irrigated areas that would

4 revert to uplands if the irrigation ceased.

5 ‘‘(C) Artificial lakes or ponds created by

6 excavating or diking uplands to collect and re7 tain water, and that are used primarily for

8 stock watering, irrigation, settling ponds, fire

9 control, or rice growing.

10 ‘‘(D) Artificial reflecting or swimming

11 pools or other small ornamental bodies of water

12 created by excavating or diking uplands to re13 tain water for primarily aesthetic reasons.

14 ‘‘(E) Water-filled depressions created in

15 uplands incidental to construction activity and

16 pits excavated in uplands for the purpose of ob17 taining fill, sand, or gravel, unless and until the

18 construction or excavation operation is aban19 doned and the resulting body of water meets

20 the definition of navigable waters under section

21 502(7).

22 ‘‘(F) Artificial stormwater detention areas

23 and artificial sewage treatment areas that are

24 not modifications of navigable waters.’’.
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1 (d) EXEMPTED ACTIVITIES.—Section 404(f) (33

2 U.S.C. 1344(f)) is amended—

3 (1) by striking ‘‘(f)(1) Except as provided’’ and

4 inserting the following:

5 ‘‘(f) EXEMPT ACTIVITIES.—

6 ‘‘(1) IN GENERAL.—Except as provided’’; and

7 (2) in paragraph (1), by striking subparagraph

8 (A) and all that follows through the end of the para9 graph and inserting the following:

10 ‘‘(A) from normal farming, silviculture,

11 and ranching activities, such as haying, grazing,

12 plowing, seeding, cultivating, minor drainage,

13 harvesting for the production of food, fiber, and

14 forest products, or upland soil and water con15 servation practices;

16 ‘‘(B) for the purpose of the maintenance,

17 including emergency reconstruction of recently

18 damaged parts, of currently serviceable struc19 tures such as dikes, dams, levees, groins,

20 riprap, breakwaters, causeways, bridge abut21 ments or approaches, and transportation struc22 tures;

23 ‘‘(C) for the purpose of the construction or

24 maintenance of farm or stock ponds or irriga-
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1 tion ditches, or the maintenance of drainage

2 ditches;

3 ‘‘(D) for the purpose of the construction of

4 temporary sedimentation basins on a construc5 tion site that does not involve a discharge of fill

6 material into navigable waters;

7 ‘‘(E) for the purpose of the construction or

8 maintenance of farm roads or forest roads, or

9 temporary roads for moving mining equipment,

10 if the roads are constructed and maintained, in

11 accordance with best management practices, to

12 ensure that—

13 ‘‘(i) flow and circulation patterns and

14 chemical and biological characteristics of

15 the navigable waters are not impaired;

16 ‘‘(ii) the reach of the navigable waters

17 is not reduced; and

18 ‘‘(iii) any adverse effect on the aquat19 ic environment will otherwise be mini20 mized; or

21 ‘‘(F) resulting from any activity with re22 spect to which a State has a program approved

23 by the Administrator under section 208(b)(4)

24 that meets the requirements of subparagraphs

25 (B) and (C) of such section,
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1 shall not be prohibited by, or otherwise subject to,

2 regulation under this section or section 301(a) or

3 402 (except for effluent standards or prohibitions

4 under section 307).’’.

5 (e) COOPERATION WITH SECRETARY OF AGRI6 CULTURE.—Section 404(f) (33 U.S.C. 1344(f)), as

7 amended by subsection (c), is further amended by adding

8 at the end the following new paragraph:

9 ‘‘(5) COORDINATION OF EFFORTS.—In carrying

10 out this subsection with respect to agricultural ex11 emptions, the Secretary and the Administrator shall

12 coordinate efforts with the Secretary of Agri13 culture.’’.

14 SEC. 707. MITIGATION BANKS.

15 Section 404 (33 U.S.C. 1344), as amended by section

16 701(b), is further amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(v) MITIGATION BANKS.—

19 ‘‘(1) ESTABLISHMENT.—

20 ‘‘(A) IN GENERAL.—Not later than 1 year

21 after the date of enactment of this subsection,

22 after providing notice and opportunity for pub23 lic review and comment, the Secretary and the

24 Administrator shall jointly issue regulations for

25 the establishment, use, maintenance, and over-
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1 sight of mitigation banks. The regulations shall

2 be developed in consultation with the Secretary

3 of the Interior, acting through the Director of

4 the United States Fish and Wildlife Service and

5 the Secretary of Commerce, acting through the

6 Administrator of the National Oceanic and

7 Atmospheric Administration.

8 ‘‘(B) PROVISIONS AND REQUIREMENTS.—

9 The regulations issued pursuant to subpara10 graph (A) shall ensure that mitigation banks—

11 ‘‘(i) comply with the guidelines estab12 lished under subsection (b)(1);

13 ‘‘(ii) to the extent practicable and en14 vironmentally desirable, provide in-kind re15 placement of lost wetlands functions and

16 be located in, or in proximity to, the same

17 watershed as impacted wetlands;

18 ‘‘(iii) provide for the long-term secu19 rity of ownership interests of wetlands and

20 uplands on which projects are conducted to

21 protect the wetlands values associated with

22 the mitigation banks;

23 ‘‘(iv) employ consistent and scientif24 ically sound methods to determine debits

25 by evaluating wetlands functions, project
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1 impacts, and duration of the impacts at

2 the sites of proposed permits for dis3 charges of dredged or fill material pursu4 ant to this section, and to determine cred5 its based on wetlands functions, values,

6 and acreages at the sites of mitigation

7 banks;

8 ‘‘(v) base fee charges for participation

9 in each mitigation bank that reflect the full

10 costs of replacing lost wetlands functions

11 and acreage, including the costs of land ac12 quisition, wetlands establishment, manage13 ment measures, long-term maintenance,

14 monitoring, and protection, potential reme15 diation of project failure, and other rel16 evant factors;

17 ‘‘(vi) specify responsibilities for long18 term monitoring, maintenance, and protec19 tion; and

20 ‘‘(vii) provide opportunity for public

21 notice of, and comment on, proposals for

22 mitigation banks.

23 ‘‘(2) MITIGATION BANK DEFINED.—As used in

24 this subsection, the term ‘mitigation bank’ means a

25 wetlands restoration project undertaken by 1 or
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1 more parties, including a private or public entity, ex2 pressly for the purpose of providing, in advance,

3 mitigation compensation credits to fully offset rea4 sonably foreseeable wetlands losses from future dis5 charges of dredged or fill material into the navigable

6 waters, if compensatory mitigation at the project site

7 is not practicable or environmentally desirable.’’.

8 SEC. 708. GRANT AUTHORITY FOR RESEARCH, INVESTIGA9 TION, AND TRAINING.

10 Section 104 (33 U.S.C. 1254), as amended by section

11 608(a), is further amended by adding at the end the fol12 lowing new subsection:

13 ‘‘(w) GRANTS FOR RESEARCH, INVESTIGATION, AND

14 TRAINING.—The Secretary of the Army, acting through

15 the Chief of Engineers, is authorized to make grants to

16 and enter into cooperative agreements with State agencies,

17 interstate agencies, other public or nonprofit agencies, in18 stitutions, organizations, and individuals for the purposes

19 described in subsection (a)(1).’’.

20 SEC. 709. REPORTS AND ANALYSIS.

21 (a) EFFECTS OF PROGRAM ON WETLANDS.—Section

22 404(a) (33 U.S.C. 1344(a)), as amended by section

23 704(c), is further amended by adding at the end the fol24 lowing new paragraph:

25 ‘‘(7) INFORMATION.—
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1 ‘‘(A) IN GENERAL.—Not later than 3 years

2 after the date of enactment of this paragraph,

3 and at least every 5 years thereafter, the Sec4 retary, the Administrator, and each State that

5 has a permit program approved by the Adminis6 trator under subsection (h)(2) shall collect and

7 make available to Congress and the public in8 formation regarding the effects on navigable

9 waters of activities conducted under permits

10 (including general permits) issued pursuant to

11 this section, including—

12 ‘‘(i) the number of permit applications

13 that were granted, withdrawn, or denied;

14 ‘‘(ii) estimates of the total acreage,

15 prior to any mitigation, of navigable waters

16 affected adversely by issuance of individual

17 permits;

18 ‘‘(iii) estimates of the acreage of navi19 gable waters affected by each general per20 mit, in order to determine whether the in21 dividual and cumulative adverse environ22 mental effects of activities authorized by

23 each general permit are minimal; and

24 ‘‘(iv) estimates of the acreage of navi25 gable waters preserved, created, enhanced,
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1 and restored through mitigation of per2 mitted activities and the rate of compliance

3 with such mitigation requirements.

4 ‘‘(B) MONITORING.—For purposes of pre5 paring reports under this paragraph, the Sec6 retary, the Administrator, the Secretary of

7 Commerce, and the Secretary of the Interior

8 shall jointly monitor the achievement of the pol9 icy stated in section 101(a)(8) under permits is10 sued under this section.

11 ‘‘(C) INFORMATION.—To assist the Sec12 retary and the Administrator in the preparation

13 of the reports required under this paragraph

14 and in monitoring the impacts of general per15 mits, the appropriate official of each State en16 tity that has in effect a regulatory program

17 that is authorized by a general permit issued

18 pursuant to subsection (e)(3) shall, not later

19 than 180 days before the issuance of the re20 ports required under this paragraph, submit to

21 the Secretary and the Administrator informa22 tion concerning the effects of the activities con23 ducted under the general permit within the ju24 risdiction of the entity, including estimates of—
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1 ‘‘(i) the number and type of activities

2 authorized under the general permit;

3 ‘‘(ii) the acreage of navigable waters

4 affected by the general permit; and

5 ‘‘(iii) the acreage of navigable waters

6 preserved or restored through the mitiga7 tion of activities conducted under the gen8 eral permit and the rate of compliance

9 with the mitigation requirements.’’.

10 (b) NEEDS ANALYSIS.—

11 (1) IN GENERAL.—Not later than 180 days

12 after the date of enactment of this Act, the Comp13 troller General of the United States shall submit to

14 Congress an analysis of the needs of the Department

15 of the Army, the Environmental Protection Agency,

16 the Soil Conservation Service, the United States

17 Fish and Wildlife Service, and the National Marine

18 Fisheries Service for additional personnel, adminis19 trative resources, and funding to—

20 (A) improve implementation of section 404

21 of the Federal Water Pollution Control Act (33

22 U.S.C. 1344); and

23 (B) carry out this Act and the amend24 ments made by this Act.
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1 (2) CONTENTS.—The needs analysis submitted

2 by the Comptroller General of the United States

3 under this subsection shall—

4 (A) give particular emphasis to the needs

5 of the agencies identified in paragraph (1) with

6 respect to improving and expediting wetlands

7 delineation and the issuance of permits under

8 section 404 of such Act (including advance

9 planning and early consultation);

10 (B) include specific recommendations re11 garding additional appropriations and staffing

12 necessary to carry out subparagraph (A); and

13 (C) include specific recommendations con14 cerning the allocation of additional appropria15 tions and staffing to the regional, district, and

16 field offices of the agencies identified in para17 graph (1).

18 SEC. 710. WETLANDS CONSERVATION, MANAGEMENT, AND

19 RESTORATION.

20 (a) FUNDING FOR STATE WETLANDS CONSERVATION

21 PLANS.—Section 104(a)(2)(G) (33 U.S.C.

22 1254(a)(2)(G)), as amended by section 601(a), is further

23 amended by inserting before the semicolon at the end the

24 following: ‘‘and for the development and implementation

25 of State wetlands conservation plans under section 322’’.
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1 (b) WETLANDS CONSERVATION, MANAGEMENT, AND

2 RESTORATION.—Title III (33 U.S.C. 1311 et seq.), as

3 amended by section 303(b), is further amended by adding

4 at the end the following new sections:

5 ‘‘STATE WETLANDS CONSERVATION PLANS

6 ‘‘SEC. 322. (a) DEVELOPMENT AND IMPLEMENTA7 TION ASSISTANCE.—Subject to the requirements estab8 lished by the Administrator and this section, the Adminis9 trator is authorized to make grants to States to assist in

10 the development and implementation of State wetlands

11 conservation plans.

12 ‘‘(b) CONTENTS OF PLANS.—To qualify for assist13 ance under subsection (a), a State wetlands conservation

14 plan shall generally include—

15 ‘‘(1) management strategies and policies for

16 achieving within the State the goals established

17 under section 101(a)(8);

18 ‘‘(2) an inventory of wetlands resources in the

19 State;

20 ‘‘(3) a description of the major causes of wet21 lands loss and degradation in the State, including an

22 estimate of historical wetlands losses;

23 ‘‘(4) a description of Federal, State, and local

24 government programs applying to wetlands resources

25 in the State;
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1 ‘‘(5) an identification of sites in the State with

2 wetlands restoration potential;

3 ‘‘(6) an identification of riparian areas in the

4 State with restoration potential;

5 ‘‘(7) a schedule for implementing the elements

6 of the plan;

7 ‘‘(8) mechanisms for implementing and for

8 monitoring the achievement of the stated goals of

9 the plan;

10 ‘‘(9) measures to assist in the development of

11 wetlands and watershed management plans under

12 section 323; and

13 ‘‘(10) the involvement of local public and pri14 vate agencies and organizations that have expertise

15 in wetlands conservation or land use planning or

16 development.

17 ‘‘WETLANDS AND WATERSHED MANAGEMENT PLANS

18 ‘‘SEC. 323. (a) DESIGNATION AND APPROVAL OF

19 MANAGEMENT UNITS AND ENTITIES.—

20 ‘‘(1) IN GENERAL.—The Governor of a State

21 may at any time designate wetlands and associated

22 land areas within the State as a wetlands and water23 shed management unit. A wetlands and watershed

24 management unit designated pursuant to this para25 graph shall, to the extent practicable, be consistent
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1 with watershed management units designated pursu2 ant to section 321.

3 ‘‘(2) UNIT BOUNDARIES.—

4 ‘‘(A) IN GENERAL.—The boundaries of

5 each wetlands and watershed management unit

6 shall—

7 ‘‘(i) be identified on a map;

8 ‘‘(ii) be based on the best available

9 scientific information; and

10 ‘‘(iii) to the extent practicable, be con11 sistent with the hydrological units identi12 fied by the United States Geological Sur13 vey of the Department of the Interior as

14 the most appropriate units for planning

15 purposes.

16 ‘‘(B) BOUNDARIES.—The boundaries of

17 each wetlands and watershed management unit

18 shall, to the extent practicable, be consistent

19 with the boundaries of watershed management

20 units designated pursuant to section 321.

21 ‘‘(3) MANAGEMENT ENTITY.—The Governor of

22 a State shall determine the entity responsible for de23 veloping and implementing a plan for each wetlands

24 and watershed management unit designated under

25 this section. The management entity may be an
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1 agency of State government, a local government

2 agency, a substate or interstate regional planning or3 ganization, a conservation district or other natural

4 resource management district, or any other public or

5 nonprofit entity that has adequate powers to carry

6 out the responsibilities authorized by this section.

7 The management entity for each wetlands and wa8 tershed management unit shall, to the extent prac9 ticable, be the entity designated pursuant to section

10 321 to manage the watershed management unit.

11 ‘‘(4) APPROVAL.—Each designation of a wet12 lands and watershed management unit and a cor13 responding management entity under this subsection

14 shall be submitted to the Administrator and the Sec15 retary of the Army, acting through the Chief of En16 gineers (referred to in this section as the ‘Sec17 retary’), for approval. The Administrator and the

18 Secretary shall approve the designation of a manage19 ment unit and entity not later than 180 days after

20 the date of submittal, if the designation meets the

21 requirements of this section. If the Administrator

22 and the Secretary disapprove the designation, the

23 Administrator and the Secretary shall notify the

24 State in writing of the reasons for the disapproval.

25 The State may resubmit a revised designation to
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1 meet the objections of the Administrator and the

2 Secretary.

3 ‘‘(b) DEVELOPMENT AND APPROVAL OF A WET4 LANDS AND WATERSHED MANAGEMENT PLAN.—

5 ‘‘(1) PLAN DEVELOPMENT.—An approved man6 agement entity shall be eligible to receive funding

7 pursuant to section 106(h), 205(j), 319(e), or

8 604(b) (or any combination thereof) for the follow9 ing activities in the development of a wetlands and

10 watershed management plan:

11 ‘‘(A) An inventory and mapping of—

12 ‘‘(i) all navigable waters within the

13 proposed wetlands and watershed manage14 ment unit; and

15 ‘‘(ii) potential wetlands restoration

16 sites.

17 ‘‘(B) An assessment of the functions and

18 relative value of wetlands within the wetlands

19 and watershed management unit.

20 ‘‘(C) The categorization of activities ac21 cording to the degree to which the activities

22 have an adverse effect on navigable waters

23 within the wetlands and watershed management

24 unit.
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1 ‘‘(D) The identification and adoption of

2 programs, policies, and measures to achieve

3 within the wetlands and watershed management

4 unit the goal established under section

5 101(a)(8).

6 ‘‘(E) The identification of potential mitiga7 tion banks.

8 ‘‘(F) The identification and adoption of

9 measures to integrate wetlands planning and

10 management with broader water resource and

11 land use planning and management, including

12 floodplain management, water supply,

13 stormwater management, and the control of

14 point and nonpoint source pollution.

15 ‘‘(G) The identification and adoption of

16 measures to increase the level of consistency be17 tween Federal, State, and local wetlands defini18 tions, delineation methodologies, and permitting

19 approaches.

20 ‘‘(H) The identification and establishment

21 of management strategies for preserving and re22 storing wetlands on a watershed basis.

23 ‘‘(I) The consideration of, and coordination

24 with, water resource and land use planning ef25 forts in adjacent States within the region or
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1 basin in which the wetlands and watershed

2 management unit is located.

3 ‘‘(2) PUBLIC PARTICIPATION.—Each State shall

4 establish procedures, including the establishment of

5 scientific and citizens’ advisory committees, to en6 courage the public to participate in developing wet7 lands and watershed management plans under this

8 section.

9 ‘‘(3) APPROVAL OF PLANS.—

10 ‘‘(A) SUBMISSION OF PLAN.—The Gov11 ernor of a State may submit to the Adminis12 trator for approval by the Administrator and

13 the Secretary a wetlands and watershed man14 agement plan developed pursuant to this

15 section.

16 ‘‘(B) DECISION ON PLAN.—The Adminis17 trator and the Secretary shall, in consultation

18 with the Secretaries of the Interior, Agriculture,

19 and Commerce, and after notice and oppor20 tunity for public comment, approve or dis21 approve a wetlands and watershed management

22 plan not later than 180 days after the date the

23 plan is submitted by a Governor pursuant to

24 this paragraph.
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1 ‘‘(C) PLAN REQUIREMENTS.—The Admin2 istrator and the Secretary shall approve a wet3 lands and watershed management plan submit4 ted pursuant to this paragraph if the Adminis5 trator and the Secretary determine that the

6 plan satisfies the requirements of section 321

7 and each of the following conditions:

8 ‘‘(i) The plan has been developed for

9 a wetlands and watershed management

10 unit designated and approved pursuant to

11 subsection (a).

12 ‘‘(ii) The management entity with re13 sponsibility to carry out the plan has been

14 designated and approved pursuant to sub15 section (a) and has the legal authority and

16 financial resources to carry out the plan.

17 ‘‘(iii) The plan contains an inventory

18 and mapping of—

19 ‘‘(I) all navigable waters within

20 the proposed wetlands and watershed

21 management unit; and

22 ‘‘(II) potential wetlands restora23 tion sites with a description of the in24 tended functions of the sites upon
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1 completion and the time required for

2 completion.

3 ‘‘(iv) The management entity has

4 adopted programs, policies, and measures

5 that will ensure achievement within the

6 watershed of the goal established under

7 section 101(a)(8).

8 ‘‘(v) The plan provides that the man9 agement entity will report to the Adminis10 trator, the Secretary, and the public not

11 later than 2 years after the date of imple12 mentation of the plan, and every 2 years

13 thereafter, on the implementation of the

14 plan and on the losses and gains in func15 tions and acres of wetlands within the wet16 lands and watershed management unit.

17 ‘‘(4) TECHNICAL ASSISTANCE.—At the request

18 of the management entity, the Secretary of the Inte19 rior and the Secretary of Commerce, shall, to the ex20 tent practicable, provide the management entity with

21 technical assistance in carrying out wetlands and

22 watershed management planning activities under

23 this section.

24 ‘‘(c) PLAN IMPLEMENTATION AND REVISION.—
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1 ‘‘(1) PLANNING AND IMPLEMENTATION SCHED2 ULE.—Each wetlands and watershed management

3 plan submitted and approved under subsection (b)

4 shall include a planning and implementation sched5 ule for a period of at least 10 years.

6 ‘‘(2) DURATION OF APPROVAL.—The approval

7 of a plan by the Administrator and the Secretary

8 shall apply for a period not to exceed 10 years.

9 ‘‘(3) PLAN REVISIONS.—Prior to the expiration

10 of the period specified in paragraph (2), the Gov11 ernor of a State may submit a revised plan to the

12 Administrator for approval by the Administrator and

13 the Secretary pursuant to the same conditions and

14 requirements that apply to any initial plan for a wet15 lands and watershed management unit that is ap16 proved pursuant to subsection (b).

17 ‘‘(d) INCENTIVES FOR WETLANDS AND WATERSHED

18 MANAGEMENT PLANNING.—

19 ‘‘(1) FUNDING OF PROJECTS AND ACTIVI20 TIES.—The projects and activities identified in a

21 plan approved by the Administrator and the Sec22 retary as necessary for the achievement, within the

23 wetlands and watershed management unit, of the

24 goal established under section 101(a)(8), and not
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1 otherwise required under this Act or any other Fed2 eral law, shall—

3 ‘‘(A) be eligible for funding under section

4 603(c)(1)(F);

5 ‘‘(B) be included in any needs assessment

6 conducted pursuant to section 516; and

7 ‘‘(C) be eligible for funding under section

8 604(a)(2)(C).

9 ‘‘(2) EXPEDITED PERMIT REVIEW.—Notwith10 standing section 404(a), a decision under such sec11 tion with respect to a completed application for a

12 permit for discharge of dredged or fill material into

13 navigable waters within a designated wetlands and

14 watershed unit and subject to an approved wetlands

15 and watershed management plan shall be made not

16 later than 60 days after the date the notice of the

17 application is published under section 404(a)(1), un18 less—

19 ‘‘(A) with respect to issuance of the per20 mit, the Secretary is required under the Na21 tional Environmental Policy Act of 1969 (42

22 U.S.C. 4321 et seq.) to issue an environmental

23 impact statement, in which case the decision

24 shall be made not later than 30 days after the
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1 date on which the requirements of such Act are

2 met;

3 ‘‘(B) the permit application involves an ac4 tivity that may affect any species that is listed

5 or proposed for listing or an area that is des6 ignated or proposed for designation as a critical

7 habitat under the Endangered Species Act of

8 1973 (16 U.S.C. 1531 et seq.), in which case

9 the decision shall be made not later than 30

10 days after the date on which the requirements

11 of such Act are met, as determined by the Sec12 retary of the Interior or the Secretary of Com13 merce, whomever is appropriate;

14 ‘‘(C) the Administrator, the Secretaries of

15 the Departments of Agriculture, the Interior,

16 Commerce, or Transportation, the head of any

17 other appropriate Federal agency, or the Gov18 ernor of the State in which the activity occurs

19 requests that the decision be made after the

20 date, in which case the decision shall be made

21 not later than 90 days after the date on which

22 the notice of application is published under sec23 tion 404(a)(1);
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1 ‘‘(D) the Secretary and the permit appli2 cant determine that additional time is needed to

3 evaluate the application; or

4 ‘‘(E) the decision is precluded as a matter

5 of law or procedures required by law.

6 ‘‘(3) MITIGATION BANKS.—

7 ‘‘(A) IN GENERAL.—At the request of an

8 approved management entity, the Secretary and

9 the Administrator shall provide assistance in

10 the establishment of mitigation banks under

11 this section and section 404(v) by the approved

12 management entity to achieve the goal estab13 lished under section 101(a)(8) within an ap14 proved wetlands and watershed management

15 unit and in accordance with an approved wet16 lands and watershed management plan.

17 ‘‘(B) FUNDING.—The establishment and

18 oversight of mitigation banks within an ap19 proved wetlands and watershed management

20 unit and in accordance with an approved wet21 lands and watershed management plan shall be

22 eligible for funding under paragraph (1).

23 ‘‘(e) RESEARCH PROGRAM.—The Administrator and

24 the Secretary, in cooperation with the Secretary of the In25 terior and the heads of other appropriate Federal, State,
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1 and local government entities, shall carry out a research

2 program on wetlands and watershed management. The re3 search program shall include—

4 ‘‘(1) study of the functions, values, and man5 agement needs of altered, artificial, and managed

6 wetlands systems;

7 ‘‘(2) study and development of techniques and

8 methods for determining and analyzing the functions

9 and values of different types of wetlands;

10 ‘‘(3) study and development of techniques for

11 managing and restoring wetlands within a watershed

12 context;

13 ‘‘(4) study and development of techniques for

14 better coordinating and integrating wetlands protec15 tion, floodplain management, stormwater manage16 ment, point and nonpoint source pollution controls,

17 and water supply planning on a watershed basis;

18 ‘‘(5) development of criteria for identifying wet19 lands restoration sites on a watershed basis; and

20 ‘‘(6) recommendation of procedures and ecologi21 cal criteria for wetlands restoration.

22 ‘‘(f) STATUTORY CONSTRUCTION.—Nothing in this

23 section is intended to affect the rights or obligations of

24 an agency (as defined in section 551 of title 5, United
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1 States Code) of the Federal Government under any other

2 provision of Federal law.

3 ‘‘INTERGOVERNMENTAL WETLANDS COORDINATING

4 COMMITTEE

5 ‘‘SEC. 324. (a) ESTABLISHMENT.—Not later than 90

6 days after the date of the enactment of this section, the

7 Administrator shall establish a committee to coordinate

8 Federal, State, and local government wetlands policies (re9 ferred to in this section as the ‘Coordinating Committee’).

10 ‘‘(b) FUNCTIONS.—The Coordinating Committee

11 shall—

12 ‘‘(1) assist in coordinating Federal, State, and

13 local wetlands policies;

14 ‘‘(2) make comments available to the Secretary

15 of the Army, acting through the Chief of Engineers,

16 or to the Administrator regarding existing or pro17 posed regulatory programs, policies, or technical

18 guidance affecting wetlands systems;

19 ‘‘(3) in cooperation with the Secretary of the

20 Army, acting through the Chief of Engineers, and

21 the Administrator, assist in the review and field-test22 ing of technical and scientific methods utilized in

23 wetlands regulatory and nonregulatory programs;

24 ‘‘(4) encourage the development and implemen25 tation of State wetlands conservation plans pursuant

26 to section 322;
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1 ‘‘(5) encourage the development and implemen2 tation of wetlands and watershed management plans

3 pursuant to section 323; and

4 ‘‘(6) assist in the development of a national

5 strategy for the restoration of wetlands ecosystems

6 pursuant to section 325.

7 ‘‘(c) MEMBERSHIP.—The Committee shall be com8 posed of 19 members and shall include the following:

9 ‘‘(1) The Administrator.

10 ‘‘(2) The Secretary of the Army, acting through

11 the Chief of Engineers.

12 ‘‘(3) The Secretary of the Interior, acting

13 through the Director of the United States Fish and

14 Wildlife Service.

15 ‘‘(4) The Secretary of Agriculture, acting

16 through the Chief of the Soil Conservation Service.

17 ‘‘(5) The Under Secretary of Commerce for

18 Oceans and Atmosphere.

19 ‘‘(6) 1 individual appointed by the Adminis20 trator, who shall represent the National Governors

21 Association.

22 ‘‘(7) 1 individual appointed by the Adminis23 trator, who shall represent the National Association

24 of Counties.
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1 ‘‘(8) 1 individual appointed by the Adminis2 trator, who shall represent the National League of

3 Cities.

4 ‘‘(9) 10 State wetlands experts selected and ap5 pointed by the Administrator from among nomina6 tions submitted by each Governor of a State.

7 ‘‘(10) 1 individual appointed by the Adminis8 trator, who shall represent tribes that exercise gov9 ernmental authority over wetlands.

10 ‘‘(d) TERMS.—Each member appointed pursuant to

11 paragraph (6), (7), (8), (9), or (10) of subsection (c) shall

12 be appointed for a term of 2 years.

13 ‘‘(e) VACANCIES.—A vacancy in the Coordinating

14 Committee shall be filled, on or before the date that is

15 30 days after the vacancy occurs, in the manner in which

16 the original appointment was made.

17 ‘‘(f) PAY.—A member of the Coordinating Committee

18 who is not a Federal employee shall serve without com19 pensation and a member of the Coordinating Committee

20 who is a Federal employee shall receive no additional com21 pensation for participation on the Coordinating Commit22 tee, except that each member may receive travel expenses

23 (including per diem in lieu of subsistence) in accordance

24 with sections 5702 and 5703 of title 5, United States

25 Code.
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1 ‘‘(g) COCHAIRPERSONS.—The Administrator and 1

2 member appointed pursuant to paragraph (6), (7), or (8)

3 of subsection (c) who shall be selected from among the

4 members of the Coordinating Committee shall serve as co5 chairpersons of the Coordinating Committee.

6 ‘‘NATIONAL COOPERATIVE WETLANDS RESTORATION

7 STRATEGY

8 ‘‘SEC. 325. (a) DEVELOPMENT.—Not later than 1

9 year after the date of enactment of this section, the Ad10 ministrator and the Secretary of the Army, acting through

11 the Chief of Engineers, in cooperation with the Coordinat12 ing Committee established under section 324, and with op13 portunity for public comment and participation, shall

14 develop a National Cooperative Wetlands Restoration

15 Strategy (referred to in this section as the ‘Restoration

16 Strategy’).

17 ‘‘(b) GOALS.—The goal of the Restoration Strategy

18 shall be to restore damaged and degraded wetlands and

19 riparian ecosystems in a manner that is consistent with

20 the goals of this Act and the recommendations of the Na21 tional Academy of Sciences with regard to the restoration

22 of aquatic ecosystems.

23 ‘‘(c) FUNCTIONS.—The Restoration Strategy shall—

24 ‘‘(1) be designed to help coordinate and pro25 mote restoration efforts by Federal, State, regional,

26 and local governments, and the private sector;
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1 ‘‘(2) inventory and evaluate then existing res2 toration efforts and make suggestions for the estab3 lishment of additional efforts and funding mecha4 nisms for such efforts consistent with existing Fed5 eral, State, and local programs and plans;

6 ‘‘(3) evaluate the role played by, and success of,

7 wetlands restoration efforts in both regulatory and

8 nonregulatory contexts;

9 ‘‘(4) evaluate then current efforts to monitor

10 restoration efforts and make recommendations to

11 improve monitoring protocols;

12 ‘‘(5) periodically report on the status of wet13 lands restoration efforts;

14 ‘‘(6) identify regulatory and nonregulatory ob15 stacles to wetlands ecosystem restoration and rec16 ommend methods to remove the obstacles; and

17 ‘‘(7) provide a plan for implementing the

18 strategy.

19 ‘‘(d) WETLANDS RESTORATION PILOT PROGRAM.—

20 ‘‘(1) IN GENERAL.—The Secretary of the Army

21 and the Administrator of the Environmental Protec22 tion Agency, in cooperation with the Coordinating

23 Committee established under section 324, and with

24 opportunity for public comment and participation,
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1 shall establish a wetlands restoration pilot program

2 to—

3 ‘‘(A) identify areas where the restoration

4 of significant wetlands acreage and functions,

5 including fish and wildlife habitat, water quality

6 protection, and protection of natural hydrologic

7 functions, will contribute substantially to the

8 achievement of the goals established under sec9 tion 101(a)(8);

10 ‘‘(B) test methods and techniques for wet11 lands restoration in the areas described in para12 graph (1); and

13 ‘‘(C) develop methods to evaluate the long14 term success of wetlands restoration projects in

15 achieving the goals established under section

16 101(a)(8).

17 ‘‘(2) REPORTS.—Not later than 5 years after

18 the date of enactment of this paragraph, the Sec19 retary and the Administrator shall report to the

20 Committee on Environment and Public Works of the

21 Senate, the Committee on Public Works and Trans22 portation of the House of Representatives, and Com23 mittee on Merchant Marine and Fisheries of the

24 House of Representatives on the results of the wet-
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1 lands restoration pilot program established under

2 this subsection.

3 ‘‘(3) FUNDING.—Wetlands restoration projects

4 carried out pursuant to this subsection shall be eligi5 ble for funding under section 104.’’.

6 SEC. 711. GRANTS TO STATES FOR OPERATION OF STATE

7 WETLANDS PROGRAMS.

8 (a) IN GENERAL.—The Administrator of the Envi9 ronmental Protection Agency is authorized to make grants

10 to States to administer—

11 (1) a program approved pursuant to section

12 404(h)(2) of the Federal Water Pollution Control

13 Act (33 U.S.C. 1344(h)(2)); or

14 (2) a programmatic general permit under sec15 tion 404(e)(3) of such Act.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There

17 are authorized to be appropriated to carry out this section

18 $20,000,000 for each of fiscal years 1995, 1996, 1997,

19 and 1998.

20 TITLE VIII—COASTAL

21 PROTECTION

22 SEC. 801. NATIONAL ESTUARY PROGRAM.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

24 320(i) (33 U.S.C. 1330(i)) is amended—
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1 (1) by striking ‘‘1987, 1988, 1989, 1990, and

2 1991’’ and inserting ‘‘1987 through 1993 and

3 $25,000,000 for each of fiscal years 1994 through

4 2000’’;

5 (2) in paragraph (1)—

6 (A) by striking ‘‘, not to exceed’’ and all

7 that follows through the end of the paragraph;

8 and

9 (B) by adding ‘‘; and’’ at the end;

10 (3) in paragraph (2), by striking ‘‘; and’’ and

11 inserting a period; and

12 (4) by striking all after paragraph (2).

13 (b) MANAGEMENT PLANS.—Subsection (b) of section

14 320 (33 U.S.C. 1330(b)) is amended to read as follows:

15 ‘‘(b) PURPOSES OF CONFERENCE.—

16 ‘‘(1) IN GENERAL.—The purposes of a manage17 ment conference convened with respect to an estuary

18 under this section shall be to—

19 ‘‘(A) ensure, through a comprehensive

20 planning process, the full coordination, and the

21 full implementation, of this Act and any other

22 related Federal or State law; and

23 ‘‘(B) identify, plan, and support the imple24 mentation of projects, programs, and measures

25 that are necessary to attain and maintain com-
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1 pliance with water quality standards and pro2 tect existing and designated uses of waters.

3 ‘‘(2) REQUIREMENTS.—To achieve the purposes

4 referred to in paragraph (1), a management con5 ference shall—

6 ‘‘(A) not later than 1 year after the date

7 on which the conference is convened—

8 ‘‘(i) identify existing information on

9 the environmental health of the estuary;

10 ‘‘(ii) identify the watershed area of

11 the estuary and the waters that signifi12 cantly affect the estuary;

13 ‘‘(iii) submit to the Administrator an

14 overall budget for the conference and re15 vise the budget annually;

16 ‘‘(iv) identify significant violations of

17 permits issued pursuant to section 402 for

18 discharges to waters identified pursuant to

19 clause (ii);

20 ‘‘(v) make recommendations to the

21 appropriate State agency to place multiple

22 discharges to a single segment of an estu23 ary on coordinated schedules for the issu24 ance of permits;
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1 ‘‘(vi) identify and describe long-term

2 trends in water and sediment quality, nat3 ural resources, and uses of the estuary;

4 and

5 ‘‘(vii) collect and characterize existing

6 data on water quality and living and natu7 ral resources within the estuary and water8 shed area to identify the causes of environ9 mental problems;

10 ‘‘(B) not later than 2 years after the date

11 on which the conference is convened—

12 ‘‘(i) identify the major environmental

13 problems and priorities that the com14 prehensive conservation and management

15 plan will address, including objectives for

16 the protection and restoration of living and

17 natural resources;

18 ‘‘(ii) identify and assess inplace pol19 lutant loads and point and nonpoint pollut20 ant loadings to the estuary and watershed

21 area;

22 ‘‘(iii) conduct an analysis of any

23 changes to State law that may be nec24 essary to implement the conservation and
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1 management plan required under subpara2 graph (C);

3 ‘‘(iv) make proposals to the State con4 cerning the adoption for waters that are

5 within the estuary that is the subject of

6 the conference (or waters that significantly

7 affect the estuary) of numerical water

8 quality criteria, including biological cri9 teria, for any pollutant with respect to

10 which the Administrator has published a

11 criteria document pursuant to section 304;

12 and

13 ‘‘(v) identify all pollutants and waters

14 within the estuary that is the subject of

15 the conference (or waters that significantly

16 affect the estuary) for which the develop17 ment of maximum daily loads are consid18 ered necessary pursuant to section 303 and

19 establish a schedule under which total

20 maximum daily loads and wasteload and

21 load allocations will be completed;

22 ‘‘(C) not later than 3 years after the date

23 on which the conference is convened, and in ac24 cordance with the guidance document published
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1 under subsection (d), develop a comprehensive

2 conservation and management plan that—

3 ‘‘(i) identifies priority corrective ac4 tions (including policies enforceable under

5 State law);

6 ‘‘(ii) specifies schedules for imple7 menting corrective actions; and

8 ‘‘(iii) provides a detailed financial plan

9 indicating the level of Federal, State, and

10 local funding needed to implement the plan

11 and the means of attaining the funding;

12 ‘‘(D) monitor the effectiveness of actions

13 taken pursuant to the plan required under sub14 paragraph (C);

15 ‘‘(E) review each Federal financial assist16 ance program and Federal development project

17 in accordance with the requirements of Execu18 tive Order 12372, as in effect on September 17,

19 1983, to determine whether the assistance pro20 gram or project would be consistent with and

21 further the purposes and objectives of the plan

22 required under subparagraph (C);

23 ‘‘(F) identify all Federal activities (includ24 ing development projects, financial assistance

25 programs, and licensing and permitting activi-
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1 ties) that may affect the requirements and ob2 jectives of the conservation and management

3 plan required under subparagraph (C), and en4 sure the consistent and coordinated implemen5 tation of the activities with respect to the plan;

6 ‘‘(G) ensure that all permits issued under

7 section 402 for dischargers that discharge with8 in an estuary subject to a conservation and

9 management plan or into waters that signifi10 cantly affect the estuary are reviewed by appro11 priate authorities and, if necessary, revised not

12 later than 1 year after the date of approval of

13 the plan; and

14 ‘‘(H) identify portions of the conservation

15 and management plan required under subpara16 graph (C) that should be included in a State

17 coastal zone management program approved

18 under section 306(c) of the Coastal Zone Man19 agement Act of 1972 (16 U.S.C. 1455(c)) and

20 make appropriate recommendations to the Gov21 ernor of the State and the Under Secretary for

22 the inclusion of the portions of the plan in the

23 program.

24 ‘‘(3) FEDERAL FINANCIAL ASSISTANCE PRO25 GRAMS.—The programs and projects referred to in
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1 paragraph (2)(E) shall not be limited to the assist2 ance programs and development projects subject to

3 Executive Order 12372, but may include any pro4 grams listed in the most recent Catalog of Federal

5 Domestic Assistance that may have an effect on the

6 purposes and objectives of the plan required under

7 paragraph (2)(C).’’.

8 (c) MEMBERS OF CONFERENCE.—Section 320(c) (33

9 U.S.C. 1330(c)) is amended—

10 (1) in paragraph (3), by inserting after ‘‘Fed11 eral agency,’’ the following: ‘‘including any Federal

12 agency that has responsibility for conserving and

13 protecting living resources (including fish, shellfish,

14 and wildlife),’’; and

15 (2) in paragraph (5), by inserting ‘‘(including

16 environmental organizations)’’ after ‘‘the general

17 public’’.

18 (d) GUIDANCE DOCUMENT.—Subsection (d) of

19 section 320 (33 U.S.C. 1330(d)) is amended to read as

20 follows:

21 ‘‘(d) GUIDANCE DOCUMENT.—

22 ‘‘(1) IN GENERAL.—Not later than 270 days

23 after the date of enactment of this paragraph, the

24 Administrator shall issue a guidance document that

25 establishes guidelines for—
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1 ‘‘(A) management conferences to follow in

2 developing, implementing, and overseeing com3 prehensive conservation and management plans

4 developed under subsection (b); and

5 ‘‘(B) implementing interim actions (includ6 ing enforcement actions) to protect the water

7 quality of the estuary for which a conservation

8 and management plan is developed.

9 ‘‘(2) PUBLICATION OF PROPOSED DOCU10 MENT.—Not later than 180 days after the date of

11 enactment of this paragraph, the Administrator shall

12 publish a proposed guidance document under this

13 subsection.’’.

14 (e) APPROVAL AND IMPLEMENTATION OF CONSERVA15 TION AND MANAGEMENT PLANS.—Subsection (f) of

16 section 320 (33 U.S.C. 1330(f)) is amended to read as

17 follows:

18 ‘‘(f) APPROVAL AND IMPLEMENTATION OF PLANS

19 AND INTERIM ACTIONS.—

20 ‘‘(1) APPROVAL OF PLANS.—Not later than 120

21 days after the date of the completion of a conserva22 tion and management plan developed under sub23 section (b) and after providing for public review and

24 comment, the Administrator shall approve the plan

25 if—
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1 ‘‘(A) the plan complies with any applicable

2 guidance document published under subsection

3 (d);

4 ‘‘(B) the plan meets the requirements of

5 this section and is consistent with current law

6 or is more protective of the environment than

7 current law;

8 ‘‘(C) the plan specifies the implementation

9 responsibilities, including funding responsibil10 ities and implementation schedules, of the Fed11 eral Government and the State and local gov12 ernments that participated in the development

13 of the plan; and

14 ‘‘(D) each Governor of an affected State

15 concurs.

16 ‘‘(2) PUBLIC REVIEW AND COMMENT.—The Ad17 ministrator shall, before approving a conservation

18 and management plan, provide an opportunity for

19 public review and comment on the plan and, at a

20 minimum, hold a public hearing on the plan at a lo21 cation near the estuary.

22 ‘‘(3) IMPLEMENTATION.—On approval of a con23 servation and management action under this sub24 section, any responsibility that is assigned to the Ad25 ministrator by the plan that the Administrator is re-
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1 quired to achieve by a date specified in the plan

2 shall, for the purposes of section 505 and any other

3 provision of this Act, be considered a nondiscretion4 ary duty. In approving a plan pursuant to paragraph

5 (1), the Administrator may specify conditions or

6 qualifications with regard to actions that shall be

7 taken by the Administration to implement the plan.

8 ‘‘(4) ASSISTANCE OF ADMINISTRATOR.—The

9 Administrator shall provide assistance to the man10 agement conference, including administrative and

11 technical assistance, for the implementation of the

12 plan and shall—

13 ‘‘(A) coordinate Federal programs nec14 essary for implementing the plan or interim

15 action;

16 ‘‘(B) make recommendations to the man17 agement conference concerning enforcement

18 and technical assistance activities necessary to

19 ensure compliance with, and implementation of,

20 the plan or interim action;

21 ‘‘(C) collect, and make available to the

22 public, publications and other forms of informa23 tion relating to the implementation of the plan

24 or interim action; and
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1 ‘‘(D) to the extent funds are available,

2 make grants under the authority provided to

3 the Administrator under this title.

4 ‘‘(5) FUNDING.—Funds authorized to be appro5 priated under titles II and VI, section 319, and this

6 section may be used in accordance with the applica7 ble requirements of this Act to assist States with the

8 implementation of conservation and management

9 plans under this section.

10 ‘‘(6) CONSISTENCY.—On approval of a con11 servation and management plan under this section,

12 each activity of a Federal agency identified pursuant

13 to subsection (b)(2)(E) with respect to the plan

14 shall, to the maximum extent practicable, be con15 ducted in a manner that is consistent with the plan.

16 ‘‘(7) WATERSHED PLAN.—On approval of a

17 conservation and management plan under this sub18 section, the plan shall, for the purposes of this Act,

19 be considered to be an approved watershed manage20 ment plan for the purposes of section 321.’’.

21 (f) RESEARCH.—Subsection (j) of section 320 (33

22 U.S.C. 1330(j)) is amended to read as follows:

23 ‘‘(j) RESEARCH.—

24 ‘‘(1) RESEARCH PROGRAM.—The Administrator

25 is authorized to carry out a coordinated program of
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1 research and monitoring to support the assessment

2 of each estuary for which a management conference

3 is convened pursuant to this section.

4 ‘‘(2) CONTENT OF PROGRAM.—The research

5 program carried out pursuant to this subsection

6 shall include—

7 ‘‘(A) a comprehensive program of water

8 and sediment quality monitoring to determine

9 with respect to an estuary—

10 ‘‘(i) variations in pollutant concentra11 tions, marine ecology, and other physical

12 or biological environmental parameters

13 that may affect the estuary; and

14 ‘‘(ii) the potential and actual effects

15 of alternative management strategies and

16 measures;

17 ‘‘(B) a program of ecosystem assessment

18 to assist in the development of—

19 ‘‘(i) baseline studies to determine the

20 biological conditions of each estuary and

21 the effects of natural and anthropogenic

22 changes in the estuary; and

23 ‘‘(ii) predictive models that are capa24 ble of translating information concerning

25 specific discharges or general pollutant
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1 loadings within each estuary into a set of

2 probable effects on biological conditions in

3 the waters of the estuary;

4 ‘‘(C) a program of research to identify the

5 movements of nutrients, sediments, and pollut6 ants through the estuary and the impact of nu7 trients, sediments, and pollutants on water

8 quality and designated or potential uses of the

9 waters of the estuary; and

10 ‘‘(D) a program of research to determine

11 the water quality and habitat requirements nec12 essary for the attainment and maintenance of

13 designated uses and the continued viability and

14 enhancement of living resources.

15 ‘‘(3) COOPERATIVE ACTIVITY.—In carrying out

16 the research program under this subsection, the Ad17 ministrator shall cooperate with each affected man18 agement conference and State, and the heads of ap19 propriate Federal agencies, including the Under Sec20 retary and the Director of the United States Fish

21 and Wildlife Service.’’.

22 (g) GRANTS.—Section 320(g) (33 U.S.C. 1330(g)) is

23 amended by striking paragraphs (2) and (3) and inserting

24 the following new paragraphs:
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1 ‘‘(2) PURPOSES.—A grant awarded under this

2 section may be used to—

3 ‘‘(A) support an initial management con4 ference and the development of a conservation

5 and management plan under this section; and

6 ‘‘(B) support the operation of the manage7 ment conference after approval of a conserva8 tion and management plan, including oversight

9 of the implementation of the plan and the im10 plementation of programs, projects, or activi11 ties, giving priority to programs, projects, or ac12 tivities that are not eligible to receive Federal

13 assistance under section 319 or 603(c)(1)

14 (other than section 603(c)(1)(C)).

15 ‘‘(3) DEVELOPMENT OF CONSERVATION AND

16 MANAGEMENT PLANS.—

17 ‘‘(A) IN GENERAL.—The Federal share of

18 a grant awarded under paragraph (2)(A) for a

19 fiscal year shall be—

20 ‘‘(i) an amount not to exceed 75 per21 cent of the annual cost of the management

22 conference referred to in paragraph (2)(A);

23 and

24 ‘‘(ii) awarded on the condition that

25 the non-Federal share of the cost of the
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1 management conference shall be paid from

2 non-Federal sources.

3 ‘‘(B) DURATION.—A person referred to in

4 paragraph (1) (including a State, interstate, or

5 regional agency or entity) may be awarded a

6 grant under paragraph (2)(A) for a period of

7 not to exceed 3 fiscal years.

8 ‘‘(4) GRANTS TO MAINTAIN MANAGEMENT CON9 FERENCES AND IMPLEMENT PLANS.—

10 ‘‘(A) PROHIBITION.—If, in the judgment

11 of the Administrator, a person referred to in

12 paragraph (1) (including a State, interstate, or

13 regional agency or entity) has—

14 ‘‘(i) not received approval by the Ad15 ministrator for a conservation and man16 agement plan; or

17 ‘‘(ii) failed substantially to ensure the

18 implementation of a conservation and man19 agement plan,

20 the Administrator may not award a grant to

21 the person under paragraph (2)(B).

22 ‘‘(B) FEDERAL SHARE.—The Federal

23 share of a grant awarded under paragraph

24 (2)(B) for a fiscal year shall be—
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1 ‘‘(i) an amount not to exceed 50 per2 cent of the annual costs of the eligible ac3 tivity that is the subject of the grant; and

4 ‘‘(ii) awarded on the condition that

5 the non-Federal share of the grant shall be

6 paid from non-Federal sources.

7 ‘‘(5) REPORT TO THE ADMINISTRATOR.—Each

8 person who receives a grant under this subsection

9 shall be required, as a condition of receiving the

10 grant, to submit a report to the Administrator, not

11 later than 18 months after receipt of the grant

12 award, describing the progress of the grant recipient

13 in carrying out the purposes of the grant.’’.

14 (h) PRIORITY ESTUARY.—Section 320(a)(2)(B) (33

15 U.S.C. 1330(a)(2)(B)) is amended by inserting ‘‘Charlotte

16 Harbor, Florida;’’ after ‘‘Sarasota Bay, Florida;’’.

17 (i) STATUTORY CONSTRUCTION.—No amendment

18 made pursuant to this Act to section 320 of the Federal

19 Water Pollution Control Act (33 U.S.C. 1330) is intended

20 to affect the status of approval of any conservation and

21 management plan approved by the Administrator pursu22 ant to such section before the date of enactment of this

23 Act.
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1 SEC. 802. MARINE WATER QUALITY CRITERIA AND STAND2 ARDS.

3 (a) ISSUANCE OF CRITERIA FOR MARINE WATERS.—

4 Section 304(a) (33 U.S.C. 1314(a)), as amended by sec5 tion 613(b)(2), is further amended by adding at the end

6 the following new paragraphs:

7 ‘‘(14) COASTAL RECREATION WATERS.—

8 ‘‘(A) IN GENERAL.—Not later than 5 years

9 after the date of enactment of this paragraph,

10 after consultation with appropriate Federal and

11 State agencies and other interested persons, the

12 Administrator shall revise water quality criteria

13 for pathogens. The revised criteria shall—

14 ‘‘(i) be based on the best available sci15 entific information;

16 ‘‘(ii) provide for comprehensive protec17 tion against fecally borne and nonenteric

18 pathogens (including protozoan and viral

19 pathogens); and

20 ‘‘(iii) specify numeric criteria cal21 culated to reflect public health risks from

22 pathogens in coastal recreation waters, in23 cluding short-term increases in pathogens

24 resulting from rainfall, malfunctions of

25 wastewater treatment works, and other

26 causes.
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1 ‘‘(B) COASTAL RECREATION WATERS DE2 FINED.—As used in this paragraph, the term

3 ‘coastal recreation waters’ means marine waters

4 that the State determines are regularly used by

5 the general public for swimming, bathing, or

6 other similar primary contact purposes.

7 ‘‘(15) AQUATIC LIFE CRITERIA FOR MARINE

8 WATERS.—

9 ‘‘(A) NEW CRITERIA.—Beginning on the

10 date of enactment of this paragraph, the Ad11 ministrator shall require that any criteria and

12 information published pursuant to this sub13 section shall address aquatic life in marine wa14 ters.

15 ‘‘(B) EXISTING CRITERIA.—Not later than

16 3 years after the date of enactment of this

17 paragraph, the Administrator shall revise the

18 aquatic life criteria for each pollutant with re19 spect to which aquatic life criteria for fresh20 water have been published as of the date of en21 actment of this paragraph and revise the cri22 teria to address aquatic life in marine waters,

23 unless the Administrator determines that the

24 pollutant is not found in marine waters.’’.
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1 (b) STATE ADOPTION OF STANDARDS FOR COASTAL

2 RECREATION WATERS.—Section 303(a), as amended by

3 section 613(b)(3), is further amended by adding at the

4 end the following new paragraph:

5 ‘‘(9) STATE ADOPTION OF STANDARDS FOR

6 COASTAL RECREATION WATERS.—

7 ‘‘(A) IN GENERAL.—Each State that has

8 coastal recreation waters (as defined in section

9 304(a)(14)(B)) shall adopt water quality stand10 ards for coastal recreation waters for pathogens

11 not later than 3 years after the date of enact12 ment of this paragraph and not later than 3

13 years after the date of publication of any re14 vised criteria for pathogens pursuant to section

15 304(a)(14). The water quality standards shall

16 be developed in accordance with the require17 ments of this subsection.

18 ‘‘(B) FAILURE TO ADOPT STANDARDS.—If

19 a State fails to adopt standards pursuant to

20 subparagraph (A) that are approved by the Ad21 ministrator by the date specified in subpara22 graph (A), the criteria referred to in subpara23 graph (A) shall be the applicable State water

24 quality standard until such time as the State

25 adopts, and the Administrator approves, a re-
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1 vised standard in accordance with this section.

2 The State shall apply the standards issued by

3 the Administrator in carrying out all of the pro4 grams pursuant to this Act, except that, in the

5 case of a permit issued pursuant to subsection

6 402(q), the adoption of a standard pursuant to

7 this paragraph shall not be a basis for revising

8 the permit prior to the termination of the pe9 riod established in subsection (q)(2).’’.

10 (c) MARINE WATER QUALITY STANDARDS.—Section

11 303(a) (33 U.S.C. 1313(a)), as amended by subsection

12 (b), is further amended by adding at the end the following

13 new paragraph:

14 ‘‘(10) MARINE WATER QUALITY STANDARDS.—

15 ‘‘(A) IN GENERAL.—Not later than 2 years

16 after the date of enactment of this paragraph,

17 and periodically thereafter, the Administrator

18 shall, by regulation, establish numeric water

19 quality standards for marine waters that—

20 ‘‘(i) are not located within the juris21 diction of a State; and

22 ‘‘(ii) are located within 200 miles sea23 ward of the landward boundary of the ter24 ritorial seas.
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1 ‘‘(B) COVERED POLLUTANTS.—The stand2 ards established pursuant to subparagraph (A)

3 shall be for pollutants with respect to which cri4 teria have been published under section 304(a)

5 or that could reasonably be expected to inter6 fere with the protection of waters pursuant to

7 subparagraph (C).

8 ‘‘(C) PROTECTION OF FISH, SHELLFISH,

9 AND WILDLIFE.—The standards established

10 pursuant to subparagraph (A) shall ensure the

11 protection and propagation of fish, shellfish,

12 and wildlife.’’.

13 SEC. 803. NATIONAL MARINE WATER QUALITY EDUCATION

14 PROGRAM.

15 Section 519, as added by section 607(a)(2), is amend16 ed—

17 (1) in the first sentence, by inserting before

18 ‘‘The Administrator shall establish’’ the following:

19 ‘‘(a) IN GENERAL.—’’; and

20 (2) by adding at the end the following new sub21 sections:

22 ‘‘(b) MARINE WATER QUALITY OUTREACH.—

23 ‘‘(1) IN GENERAL.—The Administrator shall es24 tablish a national program to provide information,

25 education, and technical assistance to owners of land
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1 bordering marine water, including practices to pre2 vent water pollution and protect habitat and signifi3 cant natural resources.

4 ‘‘(2) IDENTIFICATION.—Any owner of marine

5 land may submit to the Administrator an application

6 for participation in the education program estab7 lished under this section. Each application submitted

8 under this subsection shall contain such basic infor9 mation as the Administrator determines to be appro10 priate.

11 ‘‘(3) STATE PARTICIPATION.—At the request of

12 a Governor of a State, the Administrator may dele13 gate to a State the operation of an information and

14 education program that meets requirements that the

15 Administrator shall establish. The cost associated

16 with activities carried out by the State pursuant to

17 this section shall be considered an eligible cost with

18 respect to funding provided under section 106.

19 ‘‘(c) OCEAN WATCH PROGRAM.—

20 ‘‘(1) ESTABLISHMENT.—Not later than 18

21 months after the date of enactment of this sub22 section, the Administrator shall, by regulation, es23 tablish a program to be known as the ‘Ocean Watch

24 Program’ (referred to in this paragraph as the ‘Pro25 gram’) to encourage nonprofit citizens groups to en-
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1 gage in activities to assess and protect marine and

2 ocean waters.

3 ‘‘(2) CONTENTS OF REGULATIONS.—The regu4 lations issued pursuant to paragraph (1) shall estab5 lish—

6 ‘‘(A) a process for identifying citizens

7 groups interested in participating in the Pro8 gram;

9 ‘‘(B) a national registry of citizens groups

10 participating in the Program and the marine

11 waters with respect to which the groups engage

12 in assessment and protection activities;

13 ‘‘(C) minimum conditions to be met by a

14 citizens group that participates in the Program,

15 including—

16 ‘‘(i) a minimum requirement for the

17 monitoring of marine water quality;

18 ‘‘(ii) periodic reports of marine protec19 tion activities;

20 ‘‘(iii) the identification of the water21 shed area of each marine water with re22 spect to which the group engages in assess23 ment and protection activities; and

24 ‘‘(iv) periodic renewal of participation;

25 and
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1 ‘‘(D) a process for approval of the partici2 pation of a group in the Program.

3 ‘‘(3) OCEAN WATCH AWARD.—The Adminis4 trator shall provide an annual award, to be known

5 as the ‘Ocean Watch Award’, to 1 citizens group

6 participating in the Program in each State, that has

7 demonstrated an outstanding commitment to ocean

8 assessment and protection.

9 ‘‘(4) PROGRAM COORDINATION.—The Adminis10 trator shall inform each citizens group participating

11 in the Program of pollution control activities within

12 the watershed area of each marine water with re13 spect to which the group engages in assessment and

14 protection activities, including—

15 ‘‘(A) the award of grant assistance pursu16 ant to this section;

17 ‘‘(B) the initiation of an enforcement ac18 tion pursuant to section 309;

19 ‘‘(C) the award of an incentive or dem20 onstration grant pursuant to section 319;

21 ‘‘(D) the issuance of a permit pursuant to

22 section 402; and

23 ‘‘(E) the award of a loan or other assist24 ance pursuant to title VI.
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1 ‘‘(5) DELEGATION OF AUTHORITY.—The Ad2 ministrator may delegate the authority to carry out

3 paragraph (4) to a State.’’.

4 SEC. 804. MARINE SANITATION DEVICES.

5 (a) PROHIBITION OF DISCHARGE TO DESIGNATED

6 WATERS.—

7 (1) ACTION BY STATE.—Section 312(f)(3) (33

8 U.S.C. 1322(f)(3)) is amended by striking ‘‘, except

9 that’’ and all that follows through the end of the

10 paragraph and inserting ‘‘if the State determines

11 that adequate facilities for the safe and sanitary re12 moval and treatment of sewage from all vessels are

13 reasonably available (as defined in guidelines issued

14 pursuant to the Clean Vessel Act of 1992 (subtitle

15 F of title V of Public Law 102–587; 33 U.S.C. 1322

16 note).

17 (2) ACTION BY ADMINISTRATOR.—Section

18 312(f)(4)(A) (33 U.S.C. 1322(f)(4)(A)) is amended

19 by striking ‘‘upon application by a State’’.

20 (3) UNLAWFUL ACTS.—Section 312(h) (33

21 U.S.C. 1322(h)) is amended—

22 (A) by striking ‘‘and’’ at the end of para23 graph (3);

24 (B) by striking the period at the end of

25 paragraph (4) and inserting a semicolon; and
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1 (C) by adding at the end the following new

2 paragraphs:

3 ‘‘(5) for any person to discharge sewage

4 (whether treated or untreated) into a water des5 ignated pursuant to paragraph (3) or (4) of sub6 section (f); and

7 ‘‘(6) for any person to discharge to navigable

8 waters sewage that has not been treated by a marine

9 sanitation device required under this section.’’.

10 (4) CONFORMING AMENDMENTS.—

11 (A) Section 301(a) (33 U.S.C. 1311(a)) is

12 amended by inserting ‘‘312,’’ after ‘‘307,’’.

13 (B) Section 312(f)(1)(A) (33 U.S.C.

14 1322(f)(1)(A)) is amended by striking ‘‘or use’’.

15 (b) CIVIL PENALTIES.—The first sentence of section

16 312(j) (33 U.S.C. 1322(j)) is amended—

17 (1) by striking ‘‘clause (1) or (2)’’ and inserting

18 ‘‘paragraph (1) or (2)’’; and

19 (2) by striking ‘‘clause (4)’’ and inserting

20 ‘‘paragraph (4), (5), or (6)’’.

21 (c) ENFORCEMENT.—Subsection (k) of section 312

22 (33 U.S.C. 1322(k)) is amended to read as follows:

23 ‘‘(k) ENFORCEMENT.—

24 ‘‘(1) IN GENERAL.—The Secretary of the de25 partment in which the Coast Guard is operating (re-
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1 ferred to in this subsection as the ‘Secretary’) shall

2 carry out the enforcement of this section. The head

3 of another Federal agency may enter into an agree4 ment with the Secretary to—

5 ‘‘(A) detail to the Secretary, with or with6 out reimbursement, law enforcement officers or

7 personnel to assist the Secretary in carrying out

8 this section; and

9 ‘‘(B) provide facilities for use by the Sec10 retary in carrying out this section.

11 ‘‘(2) VESSEL POLLUTION EDUCATION FUND.—

12 All amounts collected by the Secretary under this

13 section shall be deposited into a special fund of the

14 Treasury of the United States to be known as the

15 ‘Vessel Pollution Education Fund’. The fund shall

16 be available to the Coast Guard to carry out the ac17 tivities referred to in subsection (n).

18 ‘‘(3) STATE ENFORCEMENT.—The provisions of

19 this section may also be enforced by a State.’’.

20 (d) MARINE SANITATION DEVICES.—

21 (1) TECHNOLOGY IMPROVEMENTS.—Section

22 312(c)(1)(A) (33 U.S.C. 1322(c)(1)(A)) is amended

23 by adding at the end the following new sentence:

24 ‘‘The standards and regulations referred to in this

25 subparagraph shall be reviewed and revised to reflect
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1 improvements in technology relating to marine sani2 tation devices not later than 3 years after the date

3 of enactment of this sentence, and not less fre4 quently than every 10 years thereafter.’’.

5 (2) REVIEW.—Section 312(c)(2) (33 U.S.C.

6 1322(c)(2)) is amended by adding at the end the fol7 lowing new sentences: ‘‘Except for a waiver for an

8 individual vessel, the Secretary of the department in

9 which the Coast Guard is operating shall review each

10 waiver of a standard or regulation under this sec11 tion. If the Secretary considers that a revision of the

12 waiver would be appropriate to take into account

13 technology relating to marine sanitation devices, the

14 Secretary shall revise the waiver.’’.

15 (3) DEADLINE.—The last sentence of section

16 312(b)(1) (33 U.S.C. 1322(b)(1)) is amended by in17 serting before the period at the end the following:

18 ‘‘not later than 2 years after the date of establish19 ment or revision of the standards’’.

20 (e) MARINE SANITATION DEVICE PUMPOUT STA21 TIONS.—

22 (1) IN GENERAL.—Section 603(c)(1) (33

23 U.S.C. 1383(c)(1)), as amended by section

24 101(a)(2), is further amended by adding at the end

25 the following new subparagraph:
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1 ‘‘(L) The construction of a marine sanita2 tion pumpout station provided for in a plan ap3 proved pursuant to section 5603(c) of the Clean

4 Vessel Act of 1992 (subtitle F of title V of Pub5 lic Law 102–587; 33 U.S.C. 1322 note).’’.

6 (2) COMPLIANCE WITH PLAN.—Section 312(h)

7 (33 U.S.C. 1322(h)), as amended by subsection

8 (a)(3), is further amended—

9 (A) by striking ‘‘and’’ at the end of para10 graph (5);

11 (B) by striking the period at the end of

12 paragraph (6) and inserting ‘‘; and’’; and

13 (C) by adding at the end the following new

14 paragraph:

15 ‘‘(7) for the owner or operator of a marina that

16 has a docking or mooring capacity for more than

17 500 vessels—

18 ‘‘(A) beginning on January 1, 2000, to fail

19 to provide pumpout stations and waste recep20 tion facilities for marine sanitation devices un21 less a plan developed pursuant to the Clean

22 Vessel Act of 1992 (subtitle F of title V of Pub23 lic Law 102–587; 33 U.S.C. 1322 note) ex24 pressly waives this requirement; and
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1 ‘‘(B) to fail to comply with a plan for

2 pumpout stations developed pursuant to that

3 Act.’’.

4 (f) EDUCATION.—Section 312 (33 U.S.C. 1322) is

5 amended by adding at the end the following new sub6 section:

7 ‘‘(n) EDUCATION.—

8 ‘‘(1) IN GENERAL.—The Secretary of the de9 partment in which the Coast Guard is operating, in

10 consultation with the Administrator, shall carry out

11 a comprehensive program of information and edu12 cation to—

13 ‘‘(A) encourage compliance with the re14 quirements of this section; and

15 ‘‘(B) foster an increased understanding of

16 the importance of water quality and methods of

17 preventing water pollution.

18 ‘‘(2) GRANT ASSISTANCE.—The Secretary of

19 the department in which the Coast Guard is operat20 ing is authorized to award grants to, or enter into

21 cooperative agreement with, the appropriate officials

22 of other Federal agencies, States, and nonprofit or23 ganizations to carry out this section.

24 ‘‘(3) AUTHORIZATION.—There are authorized to

25 be appropriated to the department in which the
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1 Coast Guard is operating such sums as may be nec2 essary to carry out this subsection.’’.

3 (g) DEFINITIONS.—Section 312(a) (33 U.S.C.

4 1322(a)) is amended—

5 (1) in paragraphs (1) and (2), by inserting ‘‘ap6 plicable’’ after ‘‘promulgation of’’;

7 (2) by striking the period at the end of para8 graph (11) and inserting a semicolon; and

9 (3) by adding at the end the following new

10 paragraphs:

11 ‘‘(12) ‘fuel overflow containment device’ means

12 a device installed on a vessel to prevent or reduce

13 the release of engine fuel to navigable waters during

14 fueling;

15 ‘‘(13) ‘pumpout station’ has the same meaning

16 as is provided the term in section 5608(6) of the

17 Clean Vessel Act of 1992 (subtitle F of title V of

18 Public Law 102–587; 33 U.S.C. 1322 note); and

19 ‘‘(14) ‘waste reception facility’ has the same

20 meaning as is provided the term in section 5608(8)

21 of the Clean Vessel Act of 1992 (subtitle F of title

22 V of Public Law 102–587; 33 U.S.C. 1322 note).’’.

23 SEC. 805. OCEAN DISCHARGE CRITERIA.

24 (a) CLARIFICATION OF SCOPE.—
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1 (1) IN GENERAL.—Section 403(a) (33 U.S.C.

2 1343(a)) is amended—

3 (A) by striking ‘‘(a) No permit’’ and all

4 that follows through the end of the first sen5 tence and inserting the following:

6 ‘‘(a) IN GENERAL.—

7 ‘‘(1) CRITERIA.—No permit may be issued

8 under section 402 for a discharge into the territorial

9 seas, the waters of the contiguous zone, the oceans,

10 or any waters identified in or pursuant to subsection

11 (e), if, on the basis of an assessment of the guide12 lines established under subsection (c) and the analy13 sis required under subsection (d), the Administrator

14 determines that—

15 ‘‘(A) the discharge may cause or contribute

16 to the violation of water and sediment quality

17 standards established pursuant to section 303,

18 including designated uses; or

19 ‘‘(B) alternatives to the discharge were not

20 adequately evaluated.’’;

21 (B) by striking ‘‘Prior to’’ and inserting

22 the following:

23 ‘‘(2) ISSUANCE IN PUBLIC INTEREST.—Prior

24 to’’; and
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1 (C) by adding at the end the following new

2 paragraph:

3 ‘‘(3) WAIVERS.—In the case of waters within

4 an estuary or estuarine zone identified pursuant to

5 subsection (e), the Governor of a State may, after

6 providing for public notice, request that the Admin7 istrator waive the application of this section to a

8 specific permit or class of permits. The Adminis9 trator shall grant a request to waive the application

10 of this section on the basis of a finding that a State

11 has demonstrated that a waiver is necessary and

12 appropriate.’’.

13 (2) PROHIBITION.—Section 403(b) (33 U.S.C.

14 1343(b)) is amended by striking ‘‘into the territorial

15 sea’’ and inserting the following: ‘‘pursuant to this

16 section’’.

17 (b) BIOLOGICAL TESTING.—Section 403(c)(1) (33

18 U.S.C. 1343(c)(1)) is amended—

19 (1) in subparagraph (F), by striking ‘‘and’’ at

20 the end;

21 (2) in subparagraph (G), by striking the period

22 at the end and inserting ‘‘; and’’; and

23 (3) by adding at the end the following new sub24 paragraph:
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1 ‘‘(H) methods, procedures, and requirements

2 for biological testing that shall, at a minimum, re3 quire that any reference site be substantially free of

4 contamination consistent with the procedures estab5 lished pursuant to the Marine Protection, Research,

6 and Sanctuaries Act of 1972 (33 U.S.C. 1401 et

7 seq.).’’.

8 (c) LIMITATION OF REGULATIONS.—Section

9 403(c)(2) (33 U.S.C. 1343(c)(2)) is amended by adding

10 at the end the following new sentence: ‘‘Any exemption

11 to a limitation established under this paragraph that is

12 included in a regulation shall be considered null and

13 void.’’.

14 (d) POLLUTION PREVENTION AND PRIORITY MARINE

15 WATERS.—Section 403 (33 U.S.C. 1343) is amended by

16 adding at the end the following new subsections:

17 ‘‘(d) POLLUTION PREVENTION AND PRIORITY MA18 RINE WATERS.—

19 ‘‘(1) IN GENERAL.—In assessing the effects of

20 a proposed discharge to marine waters, the Adminis21 trator shall take into consideration, in addition to

22 the guidelines established pursuant to subsection (c),

23 an analysis of alternatives to the discharge by the

24 permit applicant.
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1 ‘‘(2) GUIDANCE.—Not later than 1 year after

2 the date of enactment of this paragraph, the Admin3 istrator shall publish guidance that describes—

4 ‘‘(A) pollution prevention methods; and

5 ‘‘(B) the expectations of the Administrator

6 with regard to the demonstrations required by

7 paragraph (1).

8 ‘‘(e) PRIORITY MARINE WATERS.—

9 ‘‘(1) IN GENERAL.—Not later than 1 year after

10 the date of enactment of this subsection, and bienni11 ally thereafter, the Administrator shall, in consulta12 tion with the Under Secretary and coastal States,

13 identify and list, pursuant to this subsection, marine

14 waters that—

15 ‘‘(A) do not support the protection and

16 propagation of fish, shellfish, and wildlife, and

17 allow for recreational activities in and on the

18 waters; or

19 ‘‘(B) in the judgment of the Administrator,

20 are not likely to have the capability of ensuring

21 the future protection and propagation of fish,

22 shellfish, and wildlife, and allow for recreational

23 activities in and on the water.
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1 ‘‘(2) SELECTION.—In selecting marine waters

2 pursuant to paragraph (1), the Administrator shall

3 consider—

4 ‘‘(A) the extent and seriousness of water

5 quality impairment;

6 ‘‘(B) the presence of toxic or other con7 taminants in sediment and the potential for mi8 gration of the contamination to water or aquat9 ic organisms;

10 ‘‘(C) the condition of aquatic life and relat11 ed habitat, including the presence of threatened

12 or endangered species;

13 ‘‘(D) the likely effect of contaminants on

14 human health, aquatic life, and related habitat,

15 recreational and commercial opportunities, and

16 marine ecological values;

17 ‘‘(E) the presence of floatables in the area

18 that adversely affect commercial and rec19 reational opportunities;

20 ‘‘(F) anticipated total increases in pollu21 tion loadings and floatables in the area; and

22 ‘‘(G) the recommendations of appropriate

23 officials of Federal agencies, State and local

24 governments, and citizens.
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1 ‘‘(3) PUBLIC REVIEW.—In listing marine waters

2 pursuant to paragraph (1), the Administrator shall

3 provide for public review and comment.

4 ‘‘(4) INTERIM ACTIONS.—The Administrator

5 shall, as expeditiously as practicable, and in coordi6 nation with the appropriate officials of affected

7 State and local governments, take such actions as

8 are necessary and appropriate to prevent the further

9 degradation of water and sediment quality of a pri10 ority marine water.

11 ‘‘(5) DUTIES OF THE ADMINISTRATOR.—Not

12 later than 1 year after the Administrator lists a pri13 ority marine water pursuant to this subsection, the

14 Administrator shall—

15 ‘‘(A) prepare and publish an overview and

16 assessment of environmental conditions in the

17 priority marine water;

18 ‘‘(B) review the water and sediment qual19 ity standards for the priority marine water and

20 make recommendations to the appropriate offi21 cial of the State concerning any needed revi22 sions and additions to the standards;

23 ‘‘(C) identify and describe the principal

24 point sources of discharges to the priority ma25 rine water (including industrial discharges to
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1 the publicly owned treatment works discharging

2 to the water) and make recommendations to the

3 authority that issues permits concerning the is4 suance or reissuance of permits pursuant to

5 section 402 and concerning individual control

6 mechanisms;

7 ‘‘(D) identify and describe the principal

8 nonpoint sources of pollution that affect the

9 priority marine water and make recommenda10 tions to the appropriate official of the State

11 agency that implements an approved plan pur12 suant to section 319 concerning necessary and

13 appropriate interim actions; and

14 ‘‘(E) consider the implementation of prohi15 bitions pursuant to sections 312(f)(4) and

16 404(c).

17 ‘‘(6) NOTIFICATION BY ADMINISTRATOR.—The

18 Administrator shall notify the appropriate official of

19 a department or agency of the Federal Government

20 or of a State or local government of any interim ac21 tion carried out pursuant to this subsection.

22 ‘‘(7) FINAL AGENCY ACTION.—The identifica23 tion and listing of a water pursuant to the require24 ments of this subsection shall constitute a final

25 agency action.’’.
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1 (e) CONFORMING AMENDMENT.—Section 301(a) (33

2 U.S.C. 1311(a)) is amended by inserting ‘‘403,’’ before

3 ‘‘and 404’’.

4 SEC. 806. COMBINED SEWER OVERFLOW CONTROL ASSIST5 ANCE.

6 (a) IN GENERAL.—The Secretary of the Army (re7 ferred to in this section as the ‘‘Secretary’’), acting

8 through the Chief of Engineers of the Department of the

9 Army, is authorized to enter into local cooperation agree10 ments to provide financial assistance to local governments

11 for the construction of facilities for the control of over12 flows from combined storm and sanitary sewers to marine

13 waters.

14 (b) PROJECT IDENTIFICATION.—

15 (1) APPLICATION.—Any municipality with a

16 plan for the control of combined sewer overflows to

17 marine waters that has been approved by the Ad18 ministrator of the Environmental Protection Agency

19 (referred to in this section as the ‘‘Administrator’’)

20 as consistent with the requirements of section

21 402(q) of the Federal Water Pollution Control Act

22 (33 U.S.C. 1342(q)) may submit to the Secretary an

23 application for assistance under this section.

24 (2) REVIEW OF APPLICATION.—The Secretary

25 shall, with the cooperation and concurrence of the
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1 Administrator, review the applications submitted

2 pursuant to paragraph (1) and rank the applica3 tions. In ranking the applications, the Secretary

4 shall give equal weight to—

5 (A) the potential for the project to protect

6 public health and the environment; and

7 (B) the financial burden on a community

8 as a result of the high costs of the project or

9 the lack of alternative Federal, State, or local

10 funding sources.

11 (3) PRIORITY.—Notwithstanding paragraph

12 (2), the Secretary shall give priority to any applica13 tion made pursuant to paragraph (1) that would im14 plement the recommendations of a comprehensive

15 conservation and management plan approved by the

16 Administrator pursuant to section 320 of the Fed17 eral Water Pollution Control Act (33 U.S.C. 1330).

18 (c) PROJECT ASSISTANCE.—

19 (1) NON-FEDERAL SHARE.—Except as provided

20 in paragraph (3), the non-Federal sponsor of a

21 project that receives assistance under this section

22 shall provide a non-Federal share in an amount

23 equal to not less than 25 percent of the cost of the

24 project.
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1 (2) CREDIT FOR CERTAIN NONMONETARY CON2 TRIBUTIONS.—An amount equal to the value of any

3 land, easement, right-of-way, or reallocation pro4 vided for the project by a non-Federal sponsor shall

5 be credited to the non-Federal share referred to in

6 paragraph (1), except that any amount credited pur7 suant to this paragraph may not exceed 25 percent

8 of the cost of the project.

9 (3) OPERATION AND MAINTENANCE COSTS.—

10 The non-Federal share of the operation and mainte11 nance costs of a project assisted pursuant to this

12 section shall be 100 percent.

13 (d) PLANNING REQUIREMENTS.—

14 (1) IN GENERAL.—The Secretary may not enter

15 into a local cooperation agreement under this section

16 unless the Secretary, in consultation with the Ad17 ministrator, has determined that the project—

18 (A) is consistent with plans developed pur19 suant to the Federal Water Pollution Control

20 Act (33 U.S.C. 1251 et seq.); and

21 (B) will not result in the violation of any

22 provision of such Act.

23 (2) REVIEW.—The Secretary, in cooperation

24 with the Administrator, shall review each application

25 submitted pursuant to subsection (b) to determine
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1 whether the project that is the subject of the appli2 cation will achieve such controls of combined sewer

3 overflows as are required under applicable require4 ments of law at the lowest possible cost. The Sec5 retary may not enter into a local cooperation agree6 ment under this section unless the Secretary has de7 termined pursuant to this paragraph that the cost of

8 the project that is the subject of the agreement is

9 the lowest possible cost.

10 (e) AUTHORIZATION OF APPROPRIATIONS.—There

11 are authorized to be appropriated to carry out this section

12 such sums as may be necessary for each of fiscal years

13 1994 through 2000, to remain available until expended.

14 SEC. 807. COASTAL BEACH WATER QUALITY MONITORING.

15 Title IV (33 U.S.C. 1341 et seq.) is amended by add16 ing at the end the following new section:

17 ‘‘COASTAL BEACH WATER QUALITY MONITORING

18 ‘‘SEC. 406. (a) MONITORING.—

19 ‘‘(1) IN GENERAL.—Not later than 18 months

20 after the date of enactment of this section, the Ad21 ministrator shall publish regulations specifying

22 methods to be used by States to monitor coastal

23 recreation waters in a cost-effective manner during

24 periods of use by the public to assess compliance

25 with applicable water quality standards for those wa26 ters and protection of the public safety. The Admin-
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1 istrator shall use negotiated rulemaking procedures

2 provided for under subchapter III of chapter 5 of

3 title 5, United States Code, to develop the regula4 tions.

5 ‘‘(2) REQUIREMENTS.—The monitoring require6 ments established pursuant to this subsection shall,

7 at a minimum, specify—

8 ‘‘(A) the frequency of monitoring based on

9 the periods of recreational use of the waters;

10 ‘‘(B) the frequency of monitoring based on

11 the extent and degree of use during the periods;

12 ‘‘(C) the frequency of monitoring based on

13 the proximity of coastal recreation waters to

14 pollution sources;

15 ‘‘(D) methods for detecting short-term in16 creases in pathogens in coastal recreation wa17 ters; and

18 ‘‘(E) the conditions and procedures under

19 which discrete areas of coastal recreation wa20 ters may be exempted by the Administrator

21 from the monitoring requirements of this sub22 section, if the Administrator determines that an

23 exemption will not impair—
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1 ‘‘(i) compliance with the applicable

2 water quality standards for those waters;

3 and

4 ‘‘(ii) the protection of the public

5 safety.

6 ‘‘(b) NOTIFICATION REQUIREMENTS.—The regula7 tions published pursuant to subsection (a) shall require

8 States to notify local governments and the public of viola9 tions of applicable water quality standards for State coast10 al recreation waters. Each notification made pursuant to

11 this subsection shall include, at a minimum—

12 ‘‘(1) prompt communication of the occurrence,

13 nature, and extent of the violation, to a designated

14 official of a local government having jurisdiction over

15 land adjoining the coastal recreation waters for

16 which a violation is identified; and

17 ‘‘(2) the posting of signs, for the period during

18 which the violation continues, that are sufficient to

19 give notice to the public of a violation of an applica20 ble water quality standard for the waters and the

21 potential risks associated with body contact recre22 ation in the waters.

23 ‘‘(c) FLOATABLES MONITORING PROCEDURES.—The

24 Administrator shall—
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1 ‘‘(1) issue guidance on uniform assessment and

2 monitoring procedures for floatables in coastal recre3 ation waters; and

4 ‘‘(2) specify the conditions under which the

5 presence of floatables shall constitute a threat to

6 public health and safety.

7 ‘‘(d) DELEGATION OF RESPONSIBILITY.—A State

8 may delegate responsibility for the monitoring and posting

9 of coastal recreation waters pursuant to this section to

10 local government authorities.

11 ‘‘(e) REVIEW AND REVISION OF REGULATIONS.—

12 ‘‘(1) IN GENERAL.—The Administrator shall

13 periodically review and revise the regulations issued

14 pursuant to this section.

15 ‘‘(2) REVISED WATER QUALITY CRITERIA.—Not

16 later than 1 year after the date of publication of re17 vised water quality criteria for coastal recreation wa18 ters by the Administrator pursuant to section

19 304(a)(14), the Administrator shall review and re20 vise the regulations issued pursuant to this section.

21 ‘‘(f) GRANTS TO STATES.—

22 ‘‘(1) GRANTS.—The Administrator may make

23 grants to States for use in fulfilling requirements es24 tablished pursuant to this section.
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1 ‘‘(2) COST SHARING.—The total amount of

2 grants made to a State under this section for a fis3 cal year shall not exceed 50 percent of the cost to

4 the State of carrying out requirements established

5 pursuant to this section.

6 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated to the Envi8 ronmental Protection Agency, for use by the Admin9 istrator in making grants to States pursuant to this

10 subsection, an amount not to exceed $3,000,000 for

11 each of fiscal years 1995 through 2000.

12 ‘‘(g) RESEARCH PROGRAM.—The Administrator, in

13 cooperation with the Under Secretary, shall conduct a 4-

14 year research program to provide additional information

15 to the then current base of knowledge for use for develop16 ing better indicators for directly detecting in coastal recre17 ation waters the presence of bacteria and viruses that are

18 harmful to human health. The research program shall

19 identify—

20 ‘‘(1) the need for additional numerical limits or

21 conditions and other actions needed to improve the

22 quality of coastal recreation waters;

23 ‘‘(2) the quantities and types of floatables in

24 coastal waters (including coastal recreation waters)
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1 and of recent trends in the quantities and types of

2 the floatables; and

3 ‘‘(3) efforts by States and other responsible

4 parties to carry out programs to protect public

5 health and the quality of coastal recreation waters.

6 ‘‘(h) COASTAL RECREATION WATERS DEFINED.—As

7 used in this section, the term ‘coastal recreation waters’

8 shall have the same meaning as is provided the term in

9 section 304(a)(14)(B).’’.

10 SEC. 808. MARINE WATERS REPORT TO CONGRESS.

11 Subsection (c) of section 516 (33 U.S.C. 1375(c)) is

12 amended to read as follows:

13 ‘‘(c) MARINE WATERS REPORT TO CONGRESS.—

14 ‘‘(1) IN GENERAL.—The Administrator, in con15 sultation with the Under Secretary, shall, not later

16 than 4 years after the date of enactment of the

17 Water Pollution Prevention and Control Act of 1994

18 submit to Congress a report on the condition of ma19 rine waters and the effectiveness of the existing pro20 grams to protect coastal water quality.

21 ‘‘(2) REPORT.—The report submitted pursuant

22 to paragraph (1) shall—

23 ‘‘(A) identify the responsibilities of various

24 Federal agencies with respect to the assessment

25 and protection of marine waters (including
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1 funds available to the agencies to carry out the

2 programs of the agencies);

3 ‘‘(B) describe the overall health and envi4 ronmental condition of marine waters, including

5 impairments of water quality standards, and

6 any trends in the conditions referred to in this

7 subparagraph;

8 ‘‘(C) identify the extent of any threats to

9 human health associated with marine environ10 mental conditions and human consumption of

11 shellfish, or fish caught by recreational or sub12 sistence fishers;

13 ‘‘(D) identify contaminants in marine wa14 ters that pose significant threats to public

15 health or the protection of a balanced, indige16 nous population of fish, shellfish, and wildlife

17 and recreation in and on the waters that are

18 not addressed by a criterion pursuant to section

19 304(a) or an effluent guideline pursuant to sec20 tions 301 and 304;

21 ‘‘(E) assess the status of management con22 ferences convening under section 320 and

23 evaluate the effectiveness of plans developed by

24 management conferences in protecting water

25 quality;
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1 ‘‘(F) identify, evaluate, and quantify the

2 economic impacts of degradation in the quality

3 of marine waters (including degradation attrib4 utable to floatables); and

5 ‘‘(G) make such recommendations for the

6 improvement of programs for the protection of

7 marine water quality, including recommended

8 changes to appropriate Federal laws, as the Ad9 ministrator determines to be appropriate.

10 ‘‘(3) PUBLIC COMMENT.—In developing the re11 port under paragraph (1), the Administrator shall

12 consult with appropriate officials of States and the

13 public concerning methods by which the policies,

14 programs, and activities of Federal agencies may be

15 implemented to reduce degradation in marine wa16 ters.’’.

17 SEC. 809. DEFINITIONS.

18 (a) NEW DEFINITIONS.—Section 502 (33 U.S.C.

19 1362), as amended by section 702(a)(2), is further amend20 ed by adding at the end the following new paragraphs:

21 ‘‘(23) ESTUARINE ZONE AND ESTUARY.—The

22 terms ‘estuarine zone’ and ‘estuary’ have the mean23 ings provided the terms in section 104(n)(4), except

24 that the terms shall also include associated aquatic
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1 ecosystems and the tributaries that drain into the

2 estuary up to the historic height of tidal influence.

3 ‘‘(24) FLOATABLES.—The term ‘floatables’

4 means marine debris that floats or remains sus5 pended in the water column, including plastic, alu6 minum cans, wood, bottles, and paper products.

7 ‘‘(25) MARINE WATER.—The term ‘marine

8 water’ means any estuary, water of the estuarine

9 zone, any other water seaward of the historic height

10 of tidal influence, the territorial sea, the contiguous

11 zone, and the ocean.

12 ‘‘(26) UNDER SECRETARY.—The term ‘Under

13 Secretary’ means the Under Secretary of Commerce

14 for Oceans and Atmosphere who serves as the Ad15 ministrator of the National Oceanic and Atmos16 pheric Administration.’’.

17 (b) EXISTING DEFINITION.—Section 320 (33 U.S.C.

18 1330) is amended by striking subsection (k).

19 TITLE IX—INNOVATIVE

20 TECHNOLOGY

21 SEC. 901. TECHNOLOGY DEVELOPMENT.

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

23 follows:

24 ‘‘TECHNOLOGY DEVELOPMENT

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

26 shall establish a program to develop and demonstrate
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1 practices, methods, technologies, or processes that may be

2 effective in the prevention and control of sources or poten3 tial sources of water pollution or aquatic habitat degrada4 tion or loss.

5 ‘‘(b) GRANT ASSISTANCE.—

6 ‘‘(1) IN GENERAL.—The Administrator may

7 provide grants to and enter into cooperative agree8 ments with public agencies and authorities and non9 profit organizations and institutions, and enter into

10 contracts with other persons, to develop or dem11 onstrate water pollution prevention and control prac12 tices, methods, technologies, or processes.

13 ‘‘(2) REQUIREMENTS FOR DEMONSTRATION

14 PROJECTS.—The Administrator may provide assist15 ance for a demonstration project under this sub16 section only if—

17 ‘‘(A) the demonstration project will serve

18 to demonstrate—

19 ‘‘(i) a new or significantly improved

20 practice, method, technology, or process; or

21 ‘‘(ii) the feasibility and cost effective22 ness of a practice, method, technology, or

23 process that exists at the time of the dem24 onstration, but is unproven;
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1 ‘‘(B) the demonstration project will not du2 plicate any other Federal, State, local, or com3 mercial effort to demonstrate the practice,

4 method, technology, or process (unless the du5 plication is appropriate to demonstrate the ef6 fectiveness of the practice, method, technology,

7 or process under different conditions, including

8 different climates or types of wastewater);

9 ‘‘(C) the demonstration project meets the

10 requirements of this section and serves the pur11 poses of this Act;

12 ‘‘(D) the demonstration of the practice,

13 method, technology, or process will comply with

14 any National Pollutant Discharge Elimination

15 System permit issued to a person under section

16 402 for the source that is the subject of the

17 demonstration project (except that the Adminis18 trator (or the State, in the case of a State with

19 the authority to issue permits under such sec20 tion) may modify the permit for the purpose of

21 the demonstration pursuant to a waiver granted

22 under section 301(k)); and

23 ‘‘(E)(i) in the case of a contract, the prac24 tice, method, technology, or process would not
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1 be adequately demonstrated by State, local, or

2 private persons; or

3 ‘‘(ii) in the case of an application for fi4 nancial assistance by a grant or through a co5 operative agreement, the practice, method, tech6 nology, or process is not likely to receive ade7 quate financial assistance from other sources.

8 ‘‘(3) SELECTION OF DEMONSTRATION

9 PROJECTS.—In selecting practices, methods, tech10 nologies, and processes to be demonstrated, the Ad11 ministrator shall evaluate each project according to

12 the following criteria:

13 ‘‘(A) The potential for the proposed prac14 tice, method, technology, or process to effec15 tively prevent, control, or treat point or

16 nonpoint sources of pollutants, or contaminants

17 in sediment or sludge, that may impair water

18 quality or present a risk to human health,

19 aquatic life, wildlife, or the environment.

20 ‘‘(B) The potential of the proposed prac21 tice, method, technology, or process to effect re22 ductions in water pollution that constitute

23 source reduction (as defined in section 6603(5)

24 of the Pollution Prevention Act of 1990 (42

25 U.S.C. 13102(5))) or resource recovery.
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1 ‘‘(C) The capability of the applicant to suc2 cessfully complete the demonstration project as

3 described in the application.

4 ‘‘(D) The likelihood that the demonstrated

5 practice, method, technology, or process could

6 be applied in other locations and under other

7 circumstances to control sources or potential

8 sources of pollutants (taking into consideration

9 the cost, effectiveness, and technological fea10 sibility of the practice).

11 ‘‘(E) The extent of financial support from

12 the applicant to accomplish the demonstration

13 as described in the application.

14 ‘‘(F) The capability of the applicant to dis15 seminate the results of the demonstration or

16 otherwise make the benefits of the practice,

17 method, technology, or process widely available

18 to the public in a timely manner.

19 ‘‘(4) APPROVAL OF APPLICATIONS.—The Ad20 ministrator shall approve or disapprove an applica21 tion for a project under this subsection in an expedi22 tious manner. In the case of a disapproval of an ap23 plication for a project, the Administrator shall notify

24 the applicant of the reasons for the disapproval.

25 ‘‘(5) AGREEMENT.—
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1 ‘‘(A) IN GENERAL.—Each applicant se2 lected to conduct a demonstration project under

3 this subsection shall be required, as a condition

4 of receiving funds made available under this

5 subsection, to enter into an agreement with the

6 Administrator to provide for monitoring, testing

7 procedures, quality control, and such other

8 measurements as are necessary to evaluate the

9 results of demonstration projects.

10 ‘‘(B) DATA COLLECTION AND ANALYSIS.—

11 If, with respect to a demonstration project, the

12 Administrator determines that data collection

13 and analysis of the practice, method, tech14 nology, or process is more appropriately con15 ducted by a person other than the applicant,

16 the Administrator may award a separate con17 tract for the data collection and analysis por18 tion of the project using funds made available

19 under this section.

20 ‘‘(6) PROGRAM IMPLEMENTATION.—In carrying

21 out the program established under subsection (a),

22 the Administrator shall develop—

23 ‘‘(A) appropriate procedures to identify

24 and solicit comment and advice, with respect to

25 the selection and evaluation of demonstration
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1 projects, from interested and affected parties,

2 including—

3 ‘‘(i) State, local, and tribal officials

4 and citizens;

5 ‘‘(ii) experts from the private sector;

6 ‘‘(iii) nongovernmental organizations;

7 and

8 ‘‘(iv) academic institutions; and

9 ‘‘(B) procedures for the protection of intel10 lectual property rights.

11 ‘‘(7) COST-SHARING.—

12 ‘‘(A) FEDERAL SHARE.—

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), the Federal share for

15 a demonstration project under this section

16 shall not exceed 75 percent of the total

17 cost of the project.

18 ‘‘(ii) CERTAIN BASIC RESEARCH.—In

19 any case in which the Administrator deter20 mines that a research project under this

21 subsection is basic research that would not

22 otherwise be undertaken, the Adminis23 trator may award a grant for the research

24 project under this subsection with respect
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1 to which the Federal share may equal 100

2 percent of the total cost of the project.

3 ‘‘(B) NON-FEDERAL SHARE FOR PUBLIC

4 AGENCIES AND AUTHORITIES.—

5 ‘‘(i) IN GENERAL.—In the case of a

6 grant made to a public agency or authority

7 for a demonstration project under this sub8 section, all or part of the non-Federal

9 share may be derived from a loan from a

10 State water pollution control revolving

11 fund established under title VI.

12 ‘‘(ii) REIMBURSEMENT.—For each

13 demonstration project under this sub14 section, the Administrator shall deposit an

15 amount not to exceed 25 percent of the

16 total cost of the project in an account

17 managed by the Administrator, or an inde18 pendent authority contracted with by the

19 Administrator, to provide funds adequate

20 for reimbursement of the local share of

21 each failed demonstration project, taking

22 into consideration historical rates of failure

23 for innovative technology and the expected

24 liability of the demonstration projects.
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1 ‘‘(iii) EXCESS FUNDS.—At the expira2 tion of the demonstration period of a

3 project, but in no case later than 5 years

4 after the initiation of the project, the Ad5 ministrator shall use the funds deposited

6 in the account established under clause (ii)

7 to fund other demonstration projects if ei8 ther the Administrator has not declared

9 the project a failure or the public agency

10 or authority responsible for the project has

11 made no claim for reimbursement of the

12 local share of the project cost.

13 ‘‘(c) FEDERAL FACILITIES INNOVATIVE POLLUTION

14 PREVENTION AND CONTROL.—As part of the program es15 tablished under subsection (a), the Administrator may

16 enter into cooperative agreements with State permitting

17 authorities, and the managers of Federal facilities, for the

18 demonstration of innovative and alternative approaches

19 for the prevention and control of point and nonpoint

20 sources of water pollution at properties owned by a depart21 ment, agency, or instrumentality of the Federal Govern22 ment and located in the United States.

23 ‘‘(d) DEMONSTRATION OF INNOVATIVE MINE WATER

24 PREVENTION AND CONTROL TECHNOLOGIES.—
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1 ‘‘(1) ESTABLISHMENT.—As part of the pro2 gram established under subsection (a), the Adminis3 trator, in cooperation with the heads of other Fed4 eral and State agencies, shall request, evaluate, and

5 select proposals for funding agreements for projects

6 to demonstrate comprehensive and innovative tech7 nologies for the prevention, control, or remediation

8 of acid, metal-contaminated, or other mine water

9 pollution (including leachate from mine tailings) that

10 results from active, inactive, or abandoned hard rock

11 mining operations. The projects shall demonstrate

12 the engineering and economic feasibility and prac13 ticability of the technologies.

14 ‘‘(2) LIST OF CANDIDATE SITES.—The Admin15 istrator, in cooperation with the heads of other Fed16 eral and State agencies, shall identify, list, and rank

17 active, inactive, and abandoned mine sites, including

18 federally owned sites, that are representative of com19 mon mine water pollution problems in hard rock

20 mining, as candidate sites for demonstrating innova21 tive technologies described in paragraph (1).

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

23 ‘‘(1) IN GENERAL.—There are authorized to be

24 appropriated to the Environmental Protection Agen25 cy to carry out subsections (a), (b), and (c)
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1 $20,000,000 for each of fiscal years 1995 through

2 2000.

3 ‘‘(2) DEMONSTRATION OF INNOVATIVE MINE

4 WATER PREVENTION AND CONTROL TECH5 NOLOGIES.—There are authorized to be appro6 priated to carry out demonstration projects and

7 basic research under subsection (d) $10,000,000 for

8 each of fiscal years 1995 through 2000.’’.

9 SEC. 902. INNOVATIVE PRODUCTION PROCESSES, TECH10 NOLOGIES, AND METHODS.

11 Subsection (k) of section 301 (33 U.S.C. 1311(k))

12 is amended to read as follows:

13 ‘‘(k) INNOVATIVE PRODUCTION PROCESSES, TECH14 NOLOGIES, AND METHODS.—

15 ‘‘(1) POINT SOURCES.—

16 ‘‘(A) IN GENERAL.—The Administrator (or

17 the State, in consultation with the Adminis18 trator, in the case of a State with the authority

19 to issue permits under section 402) may, with

20 the consent of the State in which a point source

21 is located and after notice and opportunity for

22 comment, temporarily waive any permit limita23 tion applicable to a point source that is the sub24 ject of a permit issued under section 402 and

25 that has been established pursuant to subpara-
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1 graph (A) or (E) of subsection (b)(2) for the

2 purpose of encouraging the development and

3 testing of an innovative production process or

4 pollution control technology, pollution preven5 tion process, or recycling method that has the

6 potential to—

7 ‘‘(i) result in an effluent reduction

8 significantly greater than that required by

9 the limitation otherwise applicable;

10 ‘‘(ii) promote the national goal of

11 eliminating the discharge of all pollutants;

12 or

13 ‘‘(iii) result in significantly lower costs

14 than processes, technologies, and methods

15 that the Administrator has determined to

16 be the best economically achievable for the

17 source.

18 ‘‘(B) WAIVER.—A waiver referred to in

19 subparagraph (A) shall include alternative limi20 tations applicable during the temporary waiver

21 period that—

22 ‘‘(i) ensure that water quality stand23 ards applicable to the waters receiving any

24 discharge from the point source are not ex25 ceeded; and
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1 ‘‘(ii) provide for the protection of

2 human health and the environment.

3 ‘‘(C) REQUIREMENTS FOR WAIVER.—The

4 Administrator may grant a waiver under this

5 paragraph only if the Administrator finds

6 that—

7 ‘‘(i) the innovative process, tech8 nology, or method that is the subject of the

9 waiver has not been adequately dem10 onstrated;

11 ‘‘(ii) the innovative process, tech12 nology, or method has not previously failed

13 to operate effectively or to meet any limita14 tion otherwise applicable; and

15 ‘‘(iii) the owner of the point source

16 will conduct such tests and monitoring

17 during the period of the waiver as are nec18 essary to ensure that the alternative limi19 tations established pursuant to subpara20 graph (B) are not exceeded.

21 ‘‘(D) PERIOD OF WAIVER.—

22 ‘‘(i) IN GENERAL.—

23 ‘‘(I) NECESSARY PERIOD.—Sub24 ject to subclause (II), the period of a

25 waiver granted under this paragraph
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1 shall not exceed the period necessary

2 to determine whether the innovative

3 process, technology, or method would,

4 in commercial operation, meet the lim5 itations referred to in subparagraph

6 (A) that would otherwise apply to the

7 point source that is the subject of the

8 waiver.

9 ‘‘(II) MAXIMUM PERIOD.—The

10 period of the waiver shall not exceed

11 90 days, unless the Administrator ex12 tends the period for an additional 90-

13 day period.

14 ‘‘(ii) TERMINATION.—The Adminis15 trator or the State in which the point

16 source is located may at any time termi17 nate a waiver granted under this para18 graph, if the Administrator or the State

19 determines that the innovative process,

20 technology, or method that is the subject

21 of the waiver—

22 ‘‘(I) has failed to achieve an ef23 fluent reduction at least equivalent to

24 the reduction required by a limitation
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1 referred to in subparagraph (A) that

2 would otherwise apply; or

3 ‘‘(II) has exceeded any limitation

4 in the waiver established pursuant to

5 subparagraph (B).

6 ‘‘(E) NUMBER OF WAIVERS.—The number

7 of waivers granted under this paragraph may

8 not exceed the number necessary to dem9 onstrate the effectiveness of the process, tech10 nology, or method in meeting the objectives

11 specified in subparagraph (A). No waiver grant12 ed under this paragraph shall apply to any limi13 tation in a permit that is not directly related to

14 the operation and testing of the innovative

15 process, technology, or method.

16 ‘‘(2) NONPOINT SOURCES.—As part of a State

17 management program that is approved by the Ad18 ministrator under section 319(d), a source of

19 nonpoint water pollution, including an agricultural

20 source, that is located in the delineated area of a

21 water listed pursuant to section 319(a)(1) may im22 plement a site-specific water quality plan pursuant

23 to section 319(f), in lieu of implementing the man24 agement measures described in section 319(c), in
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1 order to encourage the development or testing of an

2 innovative practice or technology that—

3 ‘‘(A) meets the requirements specified for

4 site-specific water quality plans under section

5 319(f); and

6 ‘‘(B) has the potential to result in—

7 ‘‘(i) a significantly greater reduction

8 of nonpoint pollution than the reduction

9 required by the otherwise applicable man10 agement measures described in section

11 319(c); or

12 ‘‘(ii) significantly lower costs than the

13 otherwise applicable management measures

14 described in section 319(c).’’.

15 SEC. 903. INNOVATIVE PRETREATMENT.

16 Subsection (e) of section 307 (33 U.S.C. 1317(e)) is

17 amended to read as follows:

18 ‘‘(e) INNOVATIVE PRETREATMENT.—

19 ‘‘(1) IN GENERAL.—In the case of any facility

20 in existence on February 4, 1987, that proposes to

21 comply with the national categorical pretreatment

22 standards developed under subsection (b) by apply23 ing an innovative production process, pollution con24 trol technology, pollution prevention process, or recy25 cling method that meets the requirements of section
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1 301(k), the control authority (as defined in section

2 403.12(a) of title 40, Code of Federal Regulations,

3 as in effect on the date of enactment of the Water

4 Pollution Prevention and Control Act of 1994) may

5 waive the requirement for compliance with the appli6 cable national categorical pretreatment standard es7 tablished under this section—

8 ‘‘(A) if the Administrator determines

9 that—

10 ‘‘(i) the innovative process, tech11 nology, or method that is the subject of the

12 waiver has not been adequately dem13 onstrated commercially in the category or

14 subcategory of the industry of the appli15 cant;

16 ‘‘(ii) the innovative process, tech17 nology, or method has not previously failed

18 to—

19 ‘‘(I) operate effectively; or

20 ‘‘(II) meet any limitation that

21 otherwise applies; and

22 ‘‘(iii) the owner of the source will con23 duct such tests and monitoring during the

24 period of the waiver as are necessary to en25 sure that—
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1 ‘‘(I) the waiver does not cause or

2 contribute to a violation by the pub3 licly owned treatment works of a per4 mit granted to the treatment works

5 under section 402 or a violation of

6 section 405; and

7 ‘‘(II) the alternative limitations

8 established pursuant to paragraph (2)

9 will not be exceeded; and

10 ‘‘(B) if the Administrator (or the State in

11 consultation with the Administrator, in any case

12 in which the State has a pretreatment program

13 approved by the Administrator)—

14 ‘‘(i) determines that the proposed ex15 tension will not cause the publicly owned

16 treatment works to be in violation of a per17 mit granted to the treatment works under

18 section 402 or in violation of section 405,

19 or to contribute to such a violation; and

20 ‘‘(ii) concurs with the proposed exten21 sion.

22 ‘‘(2) ALTERNATIVE STANDARDS.—A waiver

23 granted pursuant to paragraph (1) shall include al24 ternative standards that shall—
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1 ‘‘(A) apply during the temporary period of

2 the waiver; and

3 ‘‘(B) ensure that the facility that is the

4 subject of the waiver meets all applicable

5 pretreatment standards and requirements.

6 ‘‘(3) PERIOD; TERMINATION.—

7 ‘‘(A) PERIOD.—The period of a waiver

8 granted pursuant to paragraph (1) may not ex9 ceed the period necessary to determine whether

10 the innovative process, technology, or method

11 would, in commercial operation, meet the stand12 ards referred to in paragraph (1) that would

13 otherwise apply to the facility that is the sub14 ject of the waiver, and may not exceed 90 days,

15 unless the Administrator extends the period for

16 an additional 90 days.

17 ‘‘(B) TERMINATION.—A control authority

18 that grants a waiver pursuant to this subsection

19 may, at any time after granting the waiver, ter20 minate the waiver if the innovative process,

21 technology, or method that is the subject of the

22 waiver—

23 ‘‘(i) fails to achieve an effluent reduc24 tion that is at least equivalent to the re25 duction required by a standard referred to
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1 in paragraph (1) that would otherwise

2 apply; and

3 ‘‘(ii) exceeds an applicable standard

4 established pursuant to paragraph (2) in5 cluded in the waiver.

6 ‘‘(4) LIMITATIONS.—

7 ‘‘(A) NUMBER.—The number of waivers

8 granted under this subsection for a specific pro9 duction process, pollution control technology,

10 pollution prevention process, or recycling meth11 od may not exceed the number necessary to

12 demonstrate the effectiveness of the process,

13 technology, or method in meeting the objectives

14 specified in paragraph (1).

15 ‘‘(B) DIRECT RELATIONSHIP.—No waiver

16 granted under this subsection shall apply to a

17 standard that is not directly related to the oper18 ation and testing of an innovative process, tech19 nology, or method.’’.

20 SEC. 904. VERIFICATION OF INNOVATIVE TECHNOLOGIES.

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

22 follows:
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1 ‘‘VERIFICATION OF INNOVATIVE WATER POLLUTION

2 CONTROL TECHNOLOGIES

3 ‘‘SEC. 114. (a) ESTABLISHMENT.—The Adminis4 trator shall establish a program to verify, evaluate, and

5 disseminate—

6 ‘‘(1) performance and cost information on tech7 nologies, processes, techniques, and management

8 measures, including source reduction methods and

9 technologies, appropriate for controlling water pollu10 tion and meeting any of the standards or measures

11 required under sections 121, 301, 303, 304, 306,

12 307, 319, and 402 (collectively referred to in this

13 section as ‘applicable requirements’); and

14 ‘‘(2) information on the properties and toxicity

15 of chemicals that could be used as substitutes for

16 the chemicals covered under subsections (a) and (f)

17 of section 307 (collectively referred to in this section

18 as ‘alternative chemicals’).

19 ‘‘(b) FUNCTIONS.—As part of the program estab20 lished under this section, the Administrator shall—

21 ‘‘(1) accept applications from the public to ver22 ify and evaluate cost and performance characteris23 tics of environmental technologies and alternative

24 chemicals;
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1 ‘‘(2) develop appropriate protocols to verify the

2 quality and credibility of cost and performance data

3 submitted by applicants;

4 ‘‘(3) subject to the guidelines established under

5 subsection (c), evaluate cost and performance data—

6 ‘‘(A) in the case of environmental tech7 nologies, relative to applicable requirements;

8 and

9 ‘‘(B) in the case of alternative chemicals,

10 relative to the toxicity and risk as compared to

11 the toxicity and risk of the chemicals covered

12 under subsections (a) and (f) of section 307;

13 and

14 ‘‘(4) list and disseminate information regarding

15 environmental technologies and alternative chemicals

16 verified and evaluated under the guidelines estab17 lished under subsection (c).

18 ‘‘(c) GUIDELINES.—

19 ‘‘(1) IN GENERAL.—The Administrator shall,

20 after notice and opportunity for public comment,

21 issue guidelines for the operation of the program es22 tablished under this section.

23 ‘‘(2) DESCRIPTION.—The guidelines shall in24 clude—
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1 ‘‘(A) criteria for designating the eligibility

2 of applicants to the program established under

3 this section;

4 ‘‘(B) application requirements and proce5 dures for submitting data for verification;

6 ‘‘(C) general criteria for the evaluation of

7 environmental technologies, including the ability

8 of a technology to—

9 ‘‘(i) meet the performance criteria of

10 any applicable requirement under tested

11 conditions with additional source reduction,

12 control, or remediation benefits as com13 pared to the technology evaluated to estab14 lish the applicable requirement;

15 ‘‘(ii) meet the performance criteria of

16 any applicable requirement under tested

17 conditions at a comparable or lower cost

18 than the estimated cost of the technology

19 evaluated to establish the applicable re20 quirement; or

21 ‘‘(iii) constitute a significant advance

22 in the development of environmental tech23 nology with broad applicability;

24 ‘‘(D) general criteria for the verification

25 and evaluation of information submitted for al-
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1 ternative chemicals, including the ability of a

2 chemical to fulfill the performance characteris3 tics of a chemical covered under subsection (a)

4 or (f) of section 307 with less toxicity and risk

5 to human health or the environment;

6 ‘‘(E) a schedule of fees for applications to

7 cover the costs of the program, including—

8 ‘‘(i) lower fees for each applicant that

9 is recognized as a small business concern

10 under section 3(a) of the Small Business

11 Act (15 U.S.C. 632(a)) or that is a non12 profit group, institution of higher edu13 cation, or State or local government entity;

14 and

15 ‘‘(ii) lower fees for each application to

16 verify an environmental technology that

17 provides source reduction (as defined in

18 section 6603(5) of the Pollution Prevention

19 Act of 1990 (42 U.S.C. 13102(5))); and

20 ‘‘(F) such other provisions as the Adminis21 trator may consider appropriate.

22 ‘‘(d) REPORTING OF TECHNOLOGY.—

23 ‘‘(1) IN GENERAL.—In the case of a technology

24 or alternative chemical that the Administrator veri25 fies and evaluates in accordance with the guidelines
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1 established under subsection (c), the Administrator

2 shall publish the results of the evaluation and a

3 nonproprietary description of the evaluated tech4 nology or alternative chemical and disseminate the

5 information.

6 ‘‘(2) LIST.—The Administrator shall establish

7 and, as appropriate, update a list of technologies

8 and alternative chemicals verified and evaluated

9 under the program established by this section. The

10 list and appropriate accompanying information shall

11 be made available to State permitting authorities

12 and entities covered by applicable requirements.

13 ‘‘(e) EVALUATION DEADLINE.—Each evaluation con14 ducted under the program established under this section

15 shall be completed, and the applicant notified of the re16 sults, not later than 180 days after the receipt of a com17 plete application.

18 ‘‘(f) NO REVISION OF REGULATIONS.—Nothing in

19 this section shall be construed, interpreted, or applied in

20 any manner to revise any regulation or release a person

21 subject to any regulation from the duty to comply with

22 the regulation.

23 ‘‘(g) JUDICIAL REVIEW.—

24 ‘‘(1) EFFECT OF VERIFICATION, EVALUATION,

25 OR LISTING.—The verification, evaluation, or listing
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1 of a technology or alternative chemical under the

2 program established under this section shall not—

3 ‘‘(A) constitute a final action by the Ad4 ministrator; and

5 ‘‘(B) be subject to judicial review.

6 ‘‘(2) FAILURE TO COMPLY.—

7 ‘‘(A) TECHNOLOGIES.—If a technology

8 verified, evaluated, and listed under the pro9 gram established under this section fails to re10 sult in compliance with any applicable require11 ment, the verification, evaluation, and listing

12 shall not constitute a defense in an enforcement

13 action or citizen suit and shall not create a

14 cause of action against the Environmental Pro15 tection Agency.

16 ‘‘(B) ALTERNATIVE CHEMICALS.—If an al17 ternative chemical verified, evaluated, and listed

18 under the program established under this sec19 tion fails to adequately perform as a substitute

20 for a chemical covered under subsection (a) or

21 (f) of section 307, the verification, evaluation,

22 and listing shall not constitute a defense in an

23 enforcement action or citizen suit and shall not

24 create a cause of action against the Environ25 mental Protection Agency.
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1 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated to carry out this section

3 $2,000,000 for each of fiscal years 1995 through 1997.’’.

4 SEC. 905. SMALL BUSINESS SOURCE ASSISTANCE

5 PROGRAM.

6 Title I (33 U.S.C. 1251 et seq.), as amended by sec7 tion 609(b), is further amended by adding at the end the

8 following new section:

9 ‘‘SMALL BUSINESS SOURCE ASSISTANCE PROGRAM

10 ‘‘SEC. 123. (a) STATE PROGRAM.—

11 ‘‘(1) SUBMISSION OF PLAN.—Each State may,

12 after reasonable notice and public hearings, prepare

13 and submit to the Administrator a plan for estab14 lishing a program to assist small business sources of

15 water pollution.

16 ‘‘(2) APPROVAL BY THE ADMINISTRATOR.—The

17 Administrator shall approve a program for which a

18 plan is submitted under paragraph (1) if the pro19 gram includes—

20 ‘‘(A) adequate mechanisms for developing,

21 collecting, coordinating, and disseminating in22 formation concerning compliance methods and

23 technologies for small business sources, and

24 programs to encourage lawful cooperation

25 among the sources and other persons to further

26 compliance with this Act;
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1 ‘‘(B) adequate mechanisms for assisting

2 small business sources with pollution preven3 tion, including providing information concerning

4 alternative and new technologies, process

5 changes, recycling, and other methods of oper6 ation that help reduce water pollution;

7 ‘‘(C) adequate mechanisms to ensure that

8 each small business source receives notice of the

9 rights and obligations of the source under this

10 Act in such manner and form as to ensure rea11 sonably adequate time for the source to evalu12 ate compliance methods and any relevant or ap13 plicable proposed or final regulation or standard

14 under this Act or relevant law, regulation, or

15 policy of a State;

16 ‘‘(D) a compliance assistance program for

17 small business sources to assist small business

18 sources in determining applicable requirements

19 and in obtaining permits under this Act in a

20 timely and efficient manner;

21 ‘‘(E) adequate mechanisms for informing

22 small business sources of the obligations of the

23 sources under this Act, including mechanisms

24 for—
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1 ‘‘(i) referring the sources to qualified

2 auditors and relevant local and national

3 trade associations; or

4 ‘‘(ii) at the option of the State, pro5 viding audits of the operation of the

6 sources to determine compliance with this

7 Act; and

8 ‘‘(F) a designated office within the rel9 evant State agency to serve as an ombudsman

10 for small business sources in connection with

11 the implementation of this Act.

12 ‘‘(3) COORDINATION.—In carrying out a small

13 business source program established under this sec14 tion, a State—

15 ‘‘(A) shall coordinate the program with the

16 small business technical assistance program for

17 pollution prevention established by the Adminis18 trator under section 6604(c) of the Pollution

19 Prevention Act of 1990 (42 U.S.C. 13103(c));

20 and

21 ‘‘(B) may—

22 ‘‘(i) consolidate the implementation of

23 the program with the small business sta24 tionary source technical and environmental

25 compliance assistance program of the State
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1 established under section 507 of the Clean

2 Air Act (42 U.S.C. 7661f), or any other

3 program established by the State to pro4 vide technical and compliance environ5 mental assistance, in order to realize eco6 nomic savings and to implement a multi7 media approach to small business technical

8 and environmental compliance assistance;

9 and

10 ‘‘(ii) work with other small business

11 extension programs (including the Manu12 facturing Technology Centers administered

13 by the National Institute of Standards and

14 Technology of the Department of Com15 merce and the Small Business Develop16 ment Centers established under section 21

17 of the Small Business Act (15 U.S.C.

18 648)) to coordinate the program estab19 lished under this section with the technical

20 and environmental compliance assistance

21 provided by the other programs.

22 ‘‘(b) AGENCY PROGRAM.—

23 ‘‘(1) IN GENERAL.—Not later than 9 months

24 after the date of enactment of this section, the Ad25 ministrator shall establish a small business source
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1 assistance program within the Office of Small and

2 Disadvantaged Business Utilization of the Environ3 mental Protection Agency. The Administrator shall

4 coordinate the program with the small business sta5 tionary source technical and environmental compli6 ance assistance program established under section

7 507(b) of the Clean Air Act (42 U.S.C. 7661f(b)).

8 ‘‘(2) ELEMENTS OF PROGRAM.—In carrying out

9 the program established under this subsection, the

10 Administrator shall—

11 ‘‘(A) assist States in the development of

12 the program described in subsection (a);

13 ‘‘(B) to the maximum extent practicable

14 prior to the issuance of regulations that will af15 fect small business sources, issue guidance for

16 the use of States in the implementation, with

17 respect to small business sources, of the pro18 grams established under this Act that concern

19 alternative control technologies and pollution

20 prevention methods; and

21 ‘‘(C) work with the Small Business Admin22 istration and the Department of Commerce to

23 expand environmental assistance for small busi24 nesses, including assistance concerning the
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1 availability of capital for funding environmental

2 investments.

3 ‘‘(c) ELIGIBILITY.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), a small business source shall be eligible

6 for assistance under this section if the source—

7 ‘‘(A) is owned or operated by a person that

8 employs 100 or fewer individuals; and

9 ‘‘(B) is recognized as a small business con10 cern under section 3(a) of the Small Business

11 Act (15 U.S.C. 632(a)).

12 ‘‘(2) EXCLUSIONS.—The State, in consultation

13 with the Administrator and after providing notice

14 and opportunity for public hearing, may exclude

15 from eligibility under this section any category or

16 subcategory of small business sources that the State

17 determines has sufficient technical and financial ca18 pabilities to meet the requirements of this Act with19 out assistance under this section.’’.

20 TITLE X—INTERSTATE WATER

21 QUALITY PROGRAMS

22 SEC. 1001. GULF OF MEXICO.

23 Title I (33 U.S.C. 1251 et seq.), as amended by sec24 tion 905, is further amended by adding at the end the

25 following new section:
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1 ‘‘GULF OF MEXICO

2 ‘‘SEC. 124. (a) DEFINITIONS.—As used in this sec3 tion (unless the context implies otherwise):

4 ‘‘(1) COMMISSION.—The term ‘Commission’

5 means the Gulf of Mexico Commission established

6 under subsection (c).

7 ‘‘(2) COMMITTEE.—The term ‘Committee’

8 means the Gulf of Mexico Management and Policy

9 Review Committee established under subsection (d).

10 ‘‘(3) FEDERAL AGENCY.—The term ‘Federal

11 Agency’ means the Environmental Protection Agen12 cy, the Army Corps of Engineers, the Department of

13 Agriculture, the National Oceanic and Atmospheric

14 Administration of the Department of Commerce, the

15 Department of the Interior, the Department of

16 Transportation, the Food and Drug Administration

17 of the Department of Health and Human Services,

18 and any other Federal agency with jurisdiction over

19 coastal and marine resources.

20 ‘‘(4) GULF OF MEXICO.—The term ‘Gulf of

21 Mexico’ means the Gulf of Mexico and the straits of

22 Florida, and all contiguous bays, estuaries, and

23 beaches.
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1 ‘‘(5) GULF STATES.—The term ‘Gulf States’

2 means Alabama, Florida, Louisiana, Mississippi, and

3 Texas.

4 ‘‘(6) PLAN.—The term ‘Plan’ means the Gulf

5 of Mexico Management and Restoration Plan.

6 ‘‘(7) PROGRAM.—The term ‘Program’ means

7 the Gulf of Mexico Program.

8 ‘‘(b) GULF OF MEXICO PROGRAM.—

9 ‘‘(1) GOALS.—The goal of the Gulf of Mexico

10 Program is to protect, restore, and enhance the

11 coastal and marine waters of the Gulf of Mexico and

12 the coastal natural habitats of the Gulf, to sustain

13 living resources, to protect human health and the

14 food supply, and to ensure the recreational use of

15 the Gulf shores, beaches, and waters in ways consist16 ent with the economic well being of the region.

17 ‘‘(2) ESTABLISHMENT.—There is established an

18 intergovernmental program, to be known as the

19 ‘Gulf of Mexico Program’, to meet the goal under

20 paragraph (1). The Program shall be headed by a

21 Director, who shall be selected by the President. The

22 Program shall include representation from each Fed23 eral agency and each Gulf State. The Environmental

24 Protection Agency shall serve as the lead agency for

25 the program.
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1 ‘‘(3) REORGANIZATION OF EXISTING PRO2 GRAM.—As soon as practicable after the date of en3 actment of this section, the Administrator shall reor4 ganize the Program established by the Administrator

5 prior to the date of enactment of this section and

6 known as the ‘Gulf of Mexico Program’ to conform

7 to the requirements of this section.

8 ‘‘(4) AGREEMENTS.—The Administrator shall

9 enter into an agreement or memorandum of under10 standing with the head of each Federal agency for

11 the participation of the Federal agency in the activi12 ties of the Program. The head of each Federal agen13 cy that participates in the Program may enter into

14 such agreements with 1 or more heads of other

15 Federal agencies as are necessary to carry out this

16 section.

17 ‘‘(5) ACTIVITIES.—The activities of the pro18 gram shall include—

19 ‘‘(A) coordinating activities of Federal

20 agencies and the Gulf States;

21 ‘‘(B) providing administrative and tech22 nical support for the Commission and the Com23 mittee in carrying out the duties of the Com24 mission and the Committee;
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1 ‘‘(C) pursuant to paragraph (4), entering

2 into agreements or memoranda of understand3 ing with the heads of other Federal agencies for

4 the participation of the Federal agencies in the

5 activities of the program;

6 ‘‘(D) assisting in the preparation of the

7 Plan or report to be submitted to Congress

8 under this section; and

9 ‘‘(E) conducting such other activities as

10 are necessary to carry out this section.

11 ‘‘(6) OFFICE.—The Program shall maintain an

12 office to house the intergovernmental program effort

13 described in this section. The office shall be located

14 in 1 of the Gulf States.

15 ‘‘(7) BUDGET ITEM.—Any appropriations re16 quest submitted to the President pursuant to section

17 1108 of title 31, United States Code, by the head

18 of a Federal agency that participates in the Program

19 shall request funding for participation in the Pro20 gram as a separate line item.

21 ‘‘(c) GULF OF MEXICO COMMISSION.—

22 ‘‘(1) ESTABLISHMENT.—The President shall es23 tablish a Gulf of Mexico Commission that shall ad24 vise and make recommendations to the Program re25 garding appropriate actions that will promote suc-
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1 cessful implementation of the goal described in sub2 section (b)(1). The Commission shall consist of the

3 Governor (or designee of the Governor) of each of

4 the Gulf States, and 2 representatives of Federal

5 agencies appointed by the President.

6 ‘‘(2) PURPOSE.—The Commission shall review

7 and make specific recommendations regarding the

8 proposed Management and Restoration Plan devel9 oped pursuant to subsection (e) and the implementa10 tion and budget of the Plan.

11 ‘‘(3) ADVISORY COUNCILS.—The Commission

12 shall establish a Citizens Advisory Council and such

13 other advisory councils as the Commission considers

14 necessary to assist the Program and the Commission

15 in the performance of the duties of the Program and

16 the Commission.

17 ‘‘(d) MANAGEMENT AND POLICY REVIEW COMMIT18 TEE.—

19 ‘‘(1) IN GENERAL.—The Commission shall es20 tablish a Management and Policy Review Commit21 tee.

22 ‘‘(2) MEMBERSHIP.—The Committee shall con23 sist of a representative of an environmental agency

24 of each Gulf State appointed by the Governor of

25 each Gulf State, a Federal official from the Environ-
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1 mental Protection Agency, the Department of Agri2 culture, the Department of Commerce, the Depart3 ment of the Interior, the Department of Transpor4 tation, the Army Corps of Engineers, and the Food

5 and Drug Administration of the Department of

6 Health and Human Services, and the chairperson of

7 the Citizens Advisory Council established under sub8 section (c)(3).

9 ‘‘(3) DUTIES.—The Committee shall—

10 ‘‘(A) coordinate activities to support the

11 Gulf of Mexico Program;

12 ‘‘(B) coordinate the development and im13 plementation of the Management and Restora14 tion Plan under subsection (e);

15 ‘‘(C) coordinate such other restoration and

16 protection activities as may be requested by the

17 Commission;

18 ‘‘(D) develop a list of prospective annual

19 projects and programs as an eligibility require20 ment for funding by an agency subject to the

21 approval of the Commission; and

22 ‘‘(E) assist the Commission in the per23 formance of the duties of the Commission, in24 cluding issuing reports and holding hearings.
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1 ‘‘(e) GULF OF MEXICO MANAGEMENT AND RESTORA2 TION PLAN.—

3 ‘‘(1) IN GENERAL.—Not later than 2 years

4 after the date of enactment of this section, the Com5 mittee, in consultation with the Commission, each

6 advisory committee, and officials of the Federal and

7 agencies of the Gulf States concerning portions of

8 the Plan within the jurisdiction of the agencies, shall

9 develop a Management and Restoration Plan for the

10 Gulf of Mexico.

11 ‘‘(2) PURPOSE.—The Gulf of Mexico Manage12 ment and Restoration Plan shall promote the Pro13 gram goal as described in subsection (b)(1), and

14 shall—

15 ‘‘(A) assess the environmental quality of

16 the Gulf, including the status of critical

17 habitats;

18 ‘‘(B) identify significant sources of pollu19 tion and activities impacting the environmental

20 quality of the Gulf;

21 ‘‘(C) incorporate actions and measures

22 that will protect, enhance, and restore the envi23 ronmental quality of the Gulf ecosystem;

24 ‘‘(D) set priorities and schedules for action

25 to be undertaken;
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1 ‘‘(E) describe the process and institutional

2 arrangements made among the Federal agen3 cies and State agencies of States and political

4 subdivisions of States that will serve to coopera5 tively implement the actions and measures of

6 the Plan, including the identification of the gov7 ernmental agency or other entity responsible for

8 carrying out the particular action or measure;

9 and

10 ‘‘(F) describe a strategy for monitoring the

11 effectiveness of the actions or measures carried

12 out under the Plan.

13 ‘‘(3) PUBLIC PARTICIPATION.—The Program

14 shall make a reasonable effort to ensure that the

15 public is consulted with respect to actions under16 taken pursuant to the development and implementa17 tion of the Plan.

18 ‘‘(4) PLAN APPROVAL.—Not later than 1 year

19 after the date of development of the Plan, and after

20 providing for public review, comment, and appro21 priate revision of the Plan, the Commission, with the

22 concurrence of the officials of Federal agencies con23 cerning the portions of the Plan within the jurisdic24 tion of the Federal agencies, and with the concur25 rence of the Gulf States concerning the portions of
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1 the plan relating to waters within the jurisdiction of

2 the Gulf States, shall approve the Plan if the Plan

3 meets the requirements of this section and other ap4 plicable Federal laws.

5 ‘‘(5) PLAN REVIEW.—The Plan approved under

6 paragraph (4) shall be reviewed, updated, and imple7 mented under the conditions specified in this sub8 section on the date that is 3 years after the date of

9 initial approval, and every 5 years thereafter.

10 ‘‘(f) INTERIM REPORT.—Not later than 1 year after

11 the date of enactment of this section, the Commission

12 shall submit to Congress a report describing the environ13 mental quality of the Gulf of Mexico and the impact of

14 environmental problems of the Gulf on economic condi15 tions and activities. The report shall include—

16 ‘‘(1) a description of the information and re17 search available to the Commission concerning the

18 environmental quality of the Gulf;

19 ‘‘(2) an inventory of relevant environmental re20 search and monitoring programs;

21 ‘‘(3) an identification of any deficiency in infor22 mation and research needed for the development and

23 implementation of the plan developed pursuant to

24 subsection (e); and
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1 ‘‘(4) an assessment of the economic importance

2 and contributions of the Gulf of Mexico to the Gulf

3 States and to the United States, and an identifica4 tion of environmental problems relevant to the Gulf

5 of Mexico that pose a threat to the contributions.

6 ‘‘(g) GRANT PROGRAM.—

7 ‘‘(1) IN GENERAL.—The Administrator may,

8 upon approval of an application submitted by a Gulf

9 State or a group of Gulf States, make a grant to the

10 Gulf State or group of Gulf States for the purpose

11 of furthering the development and implementation of

12 the Plan.

13 ‘‘(2) APPLICATION REQUIREMENTS.—The Pro14 gram Office shall establish guidelines regarding the

15 application and submission of a grant under this

16 section, in accordance with applicable Federal grant

17 procedures. The guidelines shall, at a minimum, in18 clude the following:

19 ‘‘(A) FEDERAL SHARE.—The amount of a

20 grant made by the Administrator under this

21 section shall not exceed 50 percent of the

22 amount of funds necessary to carry out the ac23 tivities for which the grant is awarded.

24 ‘‘(B) ADMINISTRATIVE EXPENSES.—Not

25 more than 10 percent of the amount of any
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1 grant awarded under this section may be ex2 pended by a Gulf State (or group of Gulf

3 States) for administrative expenses.

4 ‘‘(C) LIABILITY.—A grant made under this

5 section may not be used for the purpose of re6 lieving from liability any person who may other7 wise be liable under Federal or State law for

8 damages, response costs, natural resource dam9 ages, restitution, equitable relief, or any other

10 relief.

11 ‘‘(3) APPROVAL.—If the Administrator deter12 mines that an application for a grant under this

13 subsection has been approved by the Commission

14 and is consistent with applicable Federal laws, in15 cluding this section, and with the policies of the En16 vironmental Protection Agency, the Administrator

17 may approve the application, and from available

18 funds, award a grant upon approval.

19 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to the Administrator to

21 carry out this section $15,000,000 for each of fiscal years

22 1995 through 2000.

23 ‘‘(i) RELATIONSHIP TO EXISTING FEDERAL AND

24 STATE LAWS AND INTERNATIONAL TREATIES.—
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1 ‘‘(1) IN GENERAL.—Nothing in this section

2 shall affect the jurisdiction or powers of any depart3 ment, agency, officer, or program of the Federal

4 Government, or of any State government or tribe.

5 ‘‘(2) INTERNATIONAL.—Nothing in this section

6 shall affect the jurisdiction or powers of any inter7 national body created by treaty with authority relat8 ing to the Gulf of Mexico. Any action taken pursu9 ant to this section shall be consistent with inter10 national law.’’.

11 SEC. 1002. GREAT LAKES.

12 (a) SEDIMENT MANAGEMENT, REDUCTION, AND

13 RESTORATION.—Section 118 (33 U.S.C. 1268) is amend14 ed—

15 (1) by redesignating subsection (h) as sub16 section (k);

17 (2) by redesignating subsections (d) through (g)

18 as subsections (f) through (i), respectively; and

19 (3) by inserting after subsection (c) the follow20 ing new subsections:

21 ‘‘(d) SEDIMENT MANAGEMENT.—

22 ‘‘(1) GUIDELINES FOR DISPOSAL OF SEDI23 MENT.—

24 ‘‘(A) TESTING MANUAL.—The Adminis25 trator shall, after notice and opportunity for
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1 public comment, and in conjunction with the

2 Secretary of the Army (referred to in this sec3 tion as the ‘Secretary’), develop a Great Lakes

4 testing manual that implements the national

5 guidance for the disposal of sediment material

6 into waters of the United States.

7 ‘‘(B) REQUIREMENTS.—The Great Lakes

8 testing manual shall ensure that dredged mate9 rial, including clean sediment, will be managed,

10 disposed of, and discharged in a manner that

11 will—

12 ‘‘(i) not cause significant adverse ef13 fects to the aquatic and terrestrial environ14 ment, including the chemical, physical, and

15 biological characteristics of the substrate;

16 ‘‘(ii) not endanger human health or

17 welfare;

18 ‘‘(iii) be consistent with any approved

19 coastal zone management plan for the

20 State or States bordering the lake in which

21 the disposal occurs;

22 ‘‘(iv) protect municipal and private

23 water supplies;

24 ‘‘(v) protect recognized commercial or

25 recreational fishing grounds and the
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1 spawning, nursery, food supply, or migra2 tion areas with respect to which fish are

3 dependent;

4 ‘‘(vi) protect against excessive

5 resuspension or the spread of material to

6 areas outside of the disposal area; and

7 ‘‘(vii) meet the requirements in any

8 certification issued pursuant to section 401

9 that are specified as necessary to ensure

10 compliance with water and sediment qual11 ity standards adopted pursuant to this Act.

12 ‘‘(C) CONTENTS OF GUIDELINES.—The

13 guidelines developed pursuant to this paragraph

14 shall take into consideration the environmental

15 impacts and benefits of alternative reuse and

16 disposal methods.

17 ‘‘(D) REVISIONS.—After providing public

18 notice and opportunity for public comment, the

19 Administrator shall, as appropriate, revise the

20 Great Lakes testing manual to incorporate any

21 Federal or State guideline, criterion, or restric22 tion related to sediment disposal in the Great

23 Lakes that takes effect after the date of devel24 opment of the initial guidelines.
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1 ‘‘(2) PRIORITY SITES FOR INTENSIVE SEDI2 MENT MANAGEMENT.—

3 ‘‘(A) IN GENERAL.—Not later than 1 year

4 after the date of enactment of the Water Pollu5 tion Prevention and Control Act of 1994, the

6 Administrator shall develop and submit a report

7 to Congress that assesses the general condition

8 of Confined Disposal Facilities (referred to in

9 this subsection as ‘CDFs’) located in the Great

10 Lakes basin, and identifies each such facility

11 that, at the time of the report, is causing, or is

12 at risk of causing, an exceedance of water or

13 sediment quality standards, or otherwise inter14 fering with protection of designated uses.

15 ‘‘(B) RANKING.—Not later than 1 year

16 after the date of enactment of the Water Pollu17 tion Prevention and Control Act of 1994, the

18 Administrator, in cooperation with the Sec19 retary, and in consultation with the Director of

20 the United States Fish and Wildlife Service, the

21 States, and other parties as appropriate, shall

22 select and publish in the Federal Register for

23 public comment a ranking of no fewer than 15

24 priority harbors within the Great Lakes system
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1 for development of long-term sediment manage2 ment strategies for harbor maintenance.

3 ‘‘(C) SELECTION OF HARBORS AND

4 SITES.—In making the selection of harbors, the

5 Administrator shall include—

6 ‘‘(i) any harbor in which a CDF iden7 tified in the report developed pursuant to

8 subparagraph (A) is located;

9 ‘‘(ii) all sites that are routinely

10 dredged for navigation, and that, for rea11 sons of sediment toxicity, nutrient content,

12 or volume of dredged material relative to

13 disposal capacity, should receive intensive

14 sediment management and planning to en15 sure the attainment and maintenance of

16 water and sediment quality standards; and

17 ‘‘(iii) all other sites that the Adminis18 trator determines would benefit from in19 tensive sediment management.

20 ‘‘(D) PUBLICATION OF LIST.—Not later

21 than 15 months after the date of enactment of

22 the Water Pollution Prevention and Control Act

23 of 1994, the Administrator shall publish in the

24 Federal Register the final list of priority har25 bors and sites.
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1 ‘‘(3) SEDIMENT MANAGEMENT AT PRIORITY

2 HARBORS.—With respect to harbors identified pur3 suant to paragraph (2), it shall be unlawful to dis4 pose of sediment dredged from the harbors at any

5 location in the open waters of the Great Lakes, or

6 any CDF, or to establish, expand, or substantially

7 modify any CDF that receives sediment from the

8 harbors, unless—

9 ‘‘(A) the Administrator has concurred in

10 writing with the Secretary to allow the activity;

11 ‘‘(B) 45 days (or 90 days in cases in which

12 the Administrator has requested an extension)

13 have elapsed since the Secretary formally re14 quested concurrence (including the transmittal

15 of all material necessary to evaluate the pro16 posal) and the Administrator has not issued an

17 opinion regarding the proposal; or

18 ‘‘(C) the Administrator has approved a

19 sediment management strategy developed pur20 suant to paragraph (4)(B) for the harbor in21 volved in the proposed activity.

22 ‘‘(4) SEDIMENT MANAGEMENT STRATEGY

23 GUIDELINES.—Not later than 15 months after the

24 date of enactment of the Water Pollution Prevention

25 and Control Act of 1994, the Administrator and the
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1 Secretary shall jointly issue general guidelines for

2 the development of the sediment management strate3 gies for harbors identified pursuant to paragraph

4 (2). The guidelines shall include—

5 ‘‘(A) a specification of components of the

6 strategy, including sediment reduction, manage7 ment and disposal, and postclosure care of dis8 posal facilities;

9 ‘‘(B) a recommended process for strategy

10 development that is consistent with the Na11 tional Environmental Policy Act of 1969 (42

12 U.S.C. 4321 et seq.) requirements; and

13 ‘‘(C) general procedures for monitoring,

14 evaluating, and remediating any CDF at the

15 site.

16 ‘‘(5) SEDIMENT MANAGEMENT WORKING

17 GROUPS.—

18 ‘‘(A) IN GENERAL.—For each site subject

19 to routine navigational dredging that is con20 tained on the list published pursuant to para21 graph (2), and in order of priority, the Sec22 retary and the Administrator shall jointly con23 vene a sediment management working group.

24 Each sediment management working group

25 shall include representatives of—
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1 ‘‘(i) local entities, including any port

2 authority;

3 ‘‘(ii) host municipalities and remedial

4 action planning committees relevant to the

5 site;

6 ‘‘(iii) State resource agencies;

7 ‘‘(iv) the Soil Conservation Service of

8 the Department of Agriculture;

9 ‘‘(v) the United States Fish and Wild10 life Service of the Department of the

11 Interior;

12 ‘‘(vi) citizen groups;

13 ‘‘(vii) appropriate Indian tribes (as

14 defined in section 518(h)(2)); and

15 ‘‘(viii) other appropriate entities.

16 ‘‘(B) DATES OF CONVENING.—The Sec17 retary and the Administrator shall convene 3

18 sediment management working groups estab19 lished pursuant to subparagraph (A) not later

20 than 90 days after the date of publication of

21 the final list pursuant to paragraph (2). The

22 Secretary and the Administrator shall jointly

23 convene additional sediment management work24 ing groups in subsequent years in such manner

25 as to ensure that all sites identified in the final
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1 list that are subject to routine navigational

2 dredging have an associated sediment manage3 ment working group not later than 4 years

4 after the date of publication of the final list

5 pursuant to paragraph (2).

6 ‘‘(6) SEDIMENT MANAGEMENT STRATEGIES.—

7 For each harbor or site subject to routine naviga8 tional dredging identified pursuant to paragraph

9 (2)(B), the Secretary shall, not later than 18

10 months after convening a sediment management

11 working group pursuant to paragraph (5), develop in

12 cooperation and coordination with the group, and

13 publish for public review and comment, a sediment

14 management strategy.

15 ‘‘(7) ELEMENTS OF STRATEGIES.—Each sedi16 ment management strategy developed pursuant to

17 this subsection shall include—

18 ‘‘(A) an assessment of the quantity and

19 nature of sediment at the harbor, including

20 tributary transport dynamics and the presence,

21 nature, and bioavailability of contaminants in

22 the material;

23 ‘‘(B) a short-term and long-term naviga24 tional dredging plan that takes into account the

25 quantity of sediment material delivered to the
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1 channel that can be prevented, and the quantity

2 that must be dredged and disposed of;

3 ‘‘(C) measures to achieve navigational

4 channel maintenance that also ensure the at5 tainment and maintenance of water and sedi6 ment quality standards;

7 ‘‘(D) a long-term management plan for

8 any CDF that may exist within, or serve, the

9 harbor, including a program for monitoring and

10 evaluating the integrity of the CDF;

11 ‘‘(E) a cost-allocation strategy (consistent

12 with any project authorization);

13 ‘‘(F) a schedule for the implementation of

14 the strategy, including any construction, reme15 diation, and sediment prevention measures; and

16 ‘‘(G) a method for integrating the develop17 ment and implementation of the strategy with

18 ongoing remedial action planning, Lakewide

19 management planning, and coastal zone man20 agement planning efforts.

21 ‘‘(8) CONSIDERATIONS.—In developing a sedi22 ment management strategy, the Secretary shall con23 sider measures to—

24 ‘‘(A) reduce sediment loadings at the

25 source of the loadings;
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1 ‘‘(B) reduce resuspension during dredging

2 and disposal processes;

3 ‘‘(C) remove contaminants from sediment

4 material;

5 ‘‘(D) otherwise conserve CDF capacity

6 through recycling or reuse; and

7 ‘‘(E) protect and restore aquatic and up8 land fish and wildlife habitat, and beneficial

9 uses.

10 ‘‘(9) APPROVAL.—The Secretary shall submit

11 all sediment management strategies developed pur12 suant to this subsection to the Administrator for ap13 proval. A strategy submitted to the Administrator

14 shall be considered approved if—

15 ‘‘(A) the Administrator approves the strat16 egy; or

17 ‘‘(B) 45 days (or 90 days in any case in

18 which the Administrator has requested an ex19 tension) have elapsed since the Secretary for20 mally requested approval (including the trans21 mittal of all material necessary to evaluate the

22 strategy) and the Administrator has not issued

23 an approval regarding the strategy.

24 ‘‘(10) PROBLEM CDFs.—
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1 ‘‘(A) IN GENERAL.—Each sediment man2 agement strategy for a site containing a CDF

3 identified in the report published pursuant to

4 paragraph (2)(A) shall be completed not later

5 than 18 months after the date of publication of

6 the report required pursuant to paragraph

7 (2)(A).

8 ‘‘(B) REQUIREMENTS FOR SEDIMENT MAN9 AGEMENT STRATEGIES.—Each sediment man10 agement strategy developed pursuant to this

11 paragraph shall include, in addition to the pro12 visions identified in paragraphs (6) and (7)—

13 ‘‘(i) a program for remediating the

14 CDF to protect and restore the chemical,

15 physical, and biological integrity of the

16 site;

17 ‘‘(ii) special management and

18 postclosure conditions that may be nec19 essary to protect human health and wild20 life; and

21 ‘‘(iii) appropriate alternative disposal

22 options, including the estimated costs, en23 vironmental benefits, impacts of the alter24 native, and a schedule for initiating the
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1 alternatives and allocating costs, if applica2 ble.

3 ‘‘(11) COORDINATION.—To the greatest extent

4 practicable, the Secretary and the Administrator

5 shall coordinate and integrate sediment management

6 strategies developed pursuant to this subsection with

7 then existing planning processes, such as remedial

8 action plans, Lakewide Management Plans, tributary

9 transport models, and coastal zone management

10 plans.

11 ‘‘(12) IMPLEMENTATION.—On approval of a

12 sediment management strategy developed pursuant

13 to this subsection, all dredging and disposal oper14 ations shall be consistent with the strategy. Dredg15 ing and disposal operations shall cease at any site

16 identified pursuant to paragraph (2)(B) that does

17 not have an approved sediment management strat18 egy by not later than 3 years after the establishment

19 of a sediment management working group for the

20 site pursuant to paragraph (5).

21 ‘‘(e) SEDIMENT REDUCTION.—

22 ‘‘(1) GREAT LAKES TRIBUTARY SEDIMENT

23 TRANSPORT MODELS.—For each major river system

24 or set of major river systems depositing sediment

25 into a Great Lakes federally authorized commercial
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1 harbor, channel maintenance project site, or area of

2 concern, the Secretary, in cooperation with the Ad3 ministrator, shall develop a tributary sediment

4 transport model that shall—

5 ‘‘(A) measure stream discharge rates, total

6 suspended solids loadings, and bedload trans7 port within the tributary and harbor;

8 ‘‘(B) measure additional parameters, such

9 as nitrates, phosphates, persistent toxic sub10 stances, and heavy metals, using a protocol ap11 proved by the Administrator, on a river-by-river

12 basis in accordance with any agreement be13 tween the Secretary, the Administrator, the

14 host State, and any relevant non-Federal entity;

15 ‘‘(C) estimate the percentage of total sedi16 ment loadings into the harbors, channels, and

17 areas of concern originating from each

18 subwatershed of the river system; and

19 ‘‘(D) characterize the physical nature of

20 the sediment materials.

21 ‘‘(2) OTHER CONSIDERATIONS.—In developing

22 the tributary sediment transport models, the Sec23 retary shall—

24 ‘‘(A) coordinate tributary sediment trans25 port modeling efforts with the efforts of the Ad-
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1 ministrator to produce comprehensive Lakewide

2 Management Plans, Remedial Action Plans,

3 mass balance models, and water quality models;

4 ‘‘(B) build upon data and monitoring in5 frastructure generated in earlier studies and

6 programs; and

7 ‘‘(C) complete models for 30 major river

8 systems within the 5-year period beginning on

9 the date of enactment of the Water Pollution

10 Prevention and Control Act of 1994.

11 ‘‘(3) ANALYTICAL METHOD.—Not later than 18

12 months after the date of enactment of the Water

13 Pollution Prevention and Control Act of 1994, the

14 Secretary, with the written concurrence of the Ad15 ministrator, shall develop an analytical method to

16 project the effectiveness and efficiency of sediment

17 source reduction approaches and scenarios in reduc18 ing upstream sediment loadings into, and transport

19 within, specific Great Lakes federally authorized

20 commercial harbors, channel maintenance project

21 sites, and areas of concern.

22 ‘‘(4) USE OF METHOD.—For each model devel23 oped under paragraph (1), the Secretary shall use

24 the method described in paragraph (3) to conduct

25 sediment load reduction analyses to estimate the po-
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1 tential effectiveness and efficiency of upstream sedi2 ment source reduction approaches and scenarios to

3 reduce sedimentation in Great Lakes federally au4 thorized commercial harbors, channel maintenance

5 sites, and areas of concern of the Great Lakes. The

6 Secretary shall, upon request, provide sediment load

7 and transport reduction analysis information to a

8 State or Indian tribe (as defined in section

9 518(h)(2)), regarding river systems within the juris10 diction of the State or Indian tribe.

11 ‘‘(5) DEVELOPMENT AND APPLICATION.—In de12 veloping and using the analytical methods described

13 in paragraph (3), the Secretary shall consider only

14 sediment reduction approaches and scenarios that

15 are consistent with—

16 ‘‘(A) the guidance issued pursuant to sec17 tion 6217(g) of the Omnibus Budget Reconcili18 ation Act of 1990 (16 U.S.C. 1455b(g)), if

19 applicable;

20 ‘‘(B) relevant State coastal zone manage21 ment programs approved pursuant to section

22 306 of the Coastal Zone Management Act of

23 1972 (16 U.S.C. 1455);
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1 ‘‘(C) relevant State nonpoint source pollu2 tion control programs approved in a manner

3 consistent with section 319; and

4 ‘‘(D) recommendations of any relevant Re5 medial Action Plans and programs and meas6 ures contained in Annex 3 of the Great Lakes

7 Water Quality Agreement and the supplement

8 to the Annex.

9 ‘‘(6) CONSULTATION BY SECRETARY.—The Sec10 retary shall consult with the Administrator and the

11 heads of other appropriate Federal agencies in car12 rying out this subsection.

13 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.—

14 There are authorized to be appropriated to the De15 partment of the Army to carry out this subsection,

16 $6,000,000 for each of the fiscal years 1995 through

17 2000.’’.

18 (b) SEDIMENT RESTORATION.—Section 118(c)(7)

19 (33 U.S.C. 1268(c)(7)) is amended by adding at the end

20 the following new subparagraphs:

21 ‘‘(D) SEDIMENT RESTORATION DEM22 ONSTRATION PROJECTS.—

23 ‘‘(i) IN GENERAL.—The Program Of24 fice shall conduct 5 full-scale demonstra25 tion projects of promising technologies to
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1 remedy contaminated sediments at such

2 sites as the Program Office determines are

3 appropriate.

4 ‘‘(ii) SITE SELECTION.—In selecting

5 the sites for the demonstration projects,

6 the Program Office shall give priority con7 sideration to the sites referred to in sub8 paragraph (A).

9 ‘‘(iii) DEADLINES.—The Program Of10 fice shall—

11 ‘‘(I) not later than December 31,

12 1995, complete engineering plans for

13 the full-scale demonstration projects

14 to be conducted under this subpara15 graph; and

16 ‘‘(II) not later than December

17 31, 1998, complete the full-scale dem18 onstration projects to be conducted

19 under this subparagraph.

20 ‘‘(E) ASSESSMENTS.—The Program Office

21 shall, not later than December 31, 1999, con22 duct preliminary chemical, physical, and biologi23 cal assessments of contaminated sediments at

24 each area of concern and make recommenda25 tions on technologies to remedy contaminated
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1 sediments at each of the areas. In conducting

2 the assessments, the Program Office shall in3 corporate previous findings that are relevant to

4 the assessments.

5 ‘‘(F) ADDITIONAL PROJECTS.—If, after

6 conducting assessments under subparagraph

7 (E), the Program Office determines that none

8 of the technologies already demonstrated pursu9 ant to this subsection is appropriate or cost-ef10 fective to remedy contaminated sediments at an

11 area of concern, the Program Office may con12 duct additional pilot scale demonstration

13 projects of promising technologies at the area of

14 concern.

15 ‘‘(G) INTERAGENCY TEAM.—The Program

16 Office may convene an interagency team that

17 includes representatives from the Army Corps

18 of Engineers, the United States Fish and Wild19 life Service, the Department of Energy, and the

20 Department of Commerce to assist in and pro21 mote the dissemination of information on tech22 nologies to remedy contaminated sediments at

23 areas of concern, including the dissemination of

24 the information to Federal and State depart25 ments and agencies.’’.
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1 (c) RESEARCH.—

2 (1) RESEARCH COUNCIL.—Subsection (f) of

3 section 118 (33 U.S.C. 1268), as redesignated by

4 subsection (a)(2), is amended to read as follows:

5 ‘‘(f) GREAT LAKES RESEARCH COUNCIL.—

6 ‘‘(1) ESTABLISHMENT.—There is established a

7 Great Lakes Research Council (referred to in this

8 subsection as the ‘Council’).

9 ‘‘(2) DUTIES OF THE COUNCIL.—The Council

10 shall—

11 ‘‘(A) not later than 1 year after the date

12 of enactment of this subparagraph, prepare and

13 provide to Congress and other interested par14 ties, a report that—

15 ‘‘(i) promotes the coordination of Fed16 eral research activities to avoid duplication

17 and ensure greater effectiveness in protec18 tion of the ecosystem of the Great Lakes

19 and the goals of the Great Lakes Water

20 Quality Agreement;

21 ‘‘(ii) assesses the research activities

22 needed to fulfill the goals of the Great

23 Lakes Water Quality Agreement;

24 ‘‘(iii) assesses the expertise and capa25 bilities of the Federal Government existing
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1 on the date of enactment of this clause

2 with activities needed to fulfill the goals re3 ferred to in clause (ii), including an inven4 tory of then existing Federal Great Lakes

5 research programs, projects, facilities, and

6 personnel;

7 ‘‘(iv) recommends long-term and

8 short-term research priorities for research

9 by the Federal Government on the Great

10 Lakes, based on a comparison of the as11 sessment conducted under clauses (i) and

12 (ii), and research information available on

13 the date of enactment of this clause; and

14 ‘‘(v) describes coordination efforts

15 with Canada;

16 ‘‘(B) identify topics for, and participate in,

17 meetings, workshops, symposia, and conferences

18 on Great Lakes research issues;

19 ‘‘(C) make recommendations for the uni20 form collection and storage of data for enhanc21 ing research and management protocols relating

22 to the protection and restoration of the phys23 ical, biological, and chemical integrity of the

24 Great Lakes ecosystem;
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1 ‘‘(D) consider and make recommendations

2 with respect to the establishment of a com3 prehensive, multimedia database for the Great

4 Lakes ecosystem; and

5 ‘‘(E) participate in any ongoing coordina6 tion efforts, such as the Council of Great Lakes

7 Research Managers of the International Joint

8 Commission.

9 ‘‘(3) MEMBERSHIP OF THE COUNCIL.—

10 ‘‘(A) IN GENERAL.—The Council shall con11 sist of 1 research manager with extensive

12 knowledge, scientific expertise, and experience

13 in the Great Lakes ecosystem from each of the

14 following organizations:

15 ‘‘(i) The Environmental Protection

16 Agency.

17 ‘‘(ii) The National Oceanic and At18 mospheric Administration.

19 ‘‘(iii) The Coast Guard.

20 ‘‘(iv) The United States Fish and

21 Wildlife Service.

22 ‘‘(v) The United States Geological

23 Survey.
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1 ‘‘(vi) Any other relevant Federal de2 partment, agency, or instrumentality, as

3 determined by the Council membership.

4 ‘‘(B) EX OFFICIO MEMBERS.—Any other

5 person who is not a Federal employee may

6 serve as a nonvoting ex officio member of the

7 Council, at the request of the Council.

8 ‘‘(C) PARTICIPATION BY CERTAIN OFFI9 CIALS.—The Council shall request appropriate

10 officials of each State that borders the Great

11 Lakes, the International Joint Commission, the

12 Government of Canada, and the governments of

13 each province that borders on the Great Lakes

14 to serve as nonvoting ex-officio members of the

15 Council.

16 ‘‘(4) CHAIRPERSON.—The members of the

17 Council shall elect a Chairperson from among the

18 members of the Council listed under clauses (i), (ii),

19 and (iv) of paragraph (3)(A).

20 ‘‘(5) TRAVEL EXPENSES.—Each member of the

21 Council who is not an employee of the Federal Gov22 ernment shall be allowed travel expenses, including

23 per diem in lieu of subsistence, at rates authorized

24 for employees under subchapter I of chapter 57 of

25 title 5, United States Code, while away from the
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1 home or regular place of business of the member in

2 the performance of services for the Council.

3 ‘‘(6) INTERAGENCY COOPERATION.—The head

4 of each department, agency, or other instrumentality

5 of the Federal Government that is represented on

6 the Council—

7 ‘‘(A) may, on written request of the Chair8 person, make available, on a reimbursable basis

9 or otherwise, personnel, services, or facilities as

10 may be necessary to assist the Council in

11 achieving the purposes of this subsection; and

12 ‘‘(B) shall, on written request from the

13 Chairperson, furnish data or other information

14 necessary to achieve the purposes of this sub15 section.

16 ‘‘(7) EFFECT ON OTHER LAWS.—Nothing in

17 this subsection is intended to amend, restrict, or

18 otherwise alter the authority of any Federal depart19 ment, agency, or instrumentality, under any law, to

20 undertake Great Lakes research activities.’’.

21 (2) CONFORMING AMENDMENTS.—The second

22 sentence of section 403(a) of the Marine Protection,

23 Research, and Sanctuaries Act of 1972 (33 U.S.C.

24 1401 et seq.) is amended—
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1 (A) by striking ‘‘118(d)’’ and inserting

2 ‘‘118(f)’’; and

3 (B) by striking ‘‘(33 U.S.C. 1268(d))’’.

4 (d) LAKEWIDE MANAGEMENT PLANS.—Paragraph

5 (4) of section 118(c) (33 U.S.C. 1268(c)(4)) is amended

6 to read as follows:

7 ‘‘(4) LAKEWIDE MANAGEMENT PLANS.—

8 ‘‘(A) IN GENERAL.—

9 ‘‘(i) LAKES MICHIGAN AND SUPE10 RIOR.—Not later than January 1, 1995,

11 the Administrator shall publish in the Fed12 eral Register the final Lakewide Manage13 ment Plan for Lake Michigan and Lake

14 Superior.

15 ‘‘(ii) OTHER LAKES.—Not later than

16 January 1, 1998, the Administrator shall

17 publish in the Federal Register proposed

18 Lakewide Management Plans for Lake

19 Erie, Lake Huron, and Lake Ontario.

20 ‘‘(B) CONTENTS.—Each Lakewide Man21 agement Plan shall be consistent with the re22 quirements of Annex 2 of the Great Lakes

23 Water Quality Agreement, and shall—

24 ‘‘(i) include an assessment of the envi25 ronmental condition of the lake, including
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1 water and sediment quality and natural

2 resources;

3 ‘‘(ii) identify the toxic pollutants that

4 exceed water or sediment quality standards

5 in the lake, describing the loadings of the

6 pollutants to the lake, including conven7 tional, non-conventional, and toxic pollut8 ants; and

9 ‘‘(iii) identify the point and nonpoint

10 sources of the pollutants;

11 ‘‘(iv) provide a comprehensive protec12 tion plan recommending specific actions to

13 restore and maintain the chemical, phys14 ical, and biological integrity of the lake, in15 cluding the specific measures to protect

16 and maintain high quality waters and iden17 tification of the reduction in loadings of

18 pollutants identified under clause (ii) to

19 ensure the restoration and attainment of

20 water and sediment quality standards, and

21 the protection and propagation of a bal22 anced indigenous population of fish, shell23 fish, and wildlife and recreation in and on

24 the water;
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1 ‘‘(v) provide a schedule for implement2 ing recommended actions, including the

3 identification of the agencies and sources

4 responsible for implementing the loading

5 reductions, and the funding sources to sup6 port the implementation; and

7 ‘‘(vi) provide a schedule for periodic

8 revision of the plan.

9 ‘‘(C) COOPERATION.—Each Lakewide

10 Management Plan shall be developed in co11 operation with appropriate representatives of—

12 ‘‘(i) the State or States bordering the

13 lake that is the subject of the Lakewide

14 Management Plan, including the public in

15 the State or States;

16 ‘‘(ii) the Government of Canada;

17 ‘‘(iii) Indian tribes (as defined in sec18 tion 518(h)(2)); and

19 ‘‘(iv) the Great Lakes Policy Commit20 tee.’’.

21 (e) HEALTH EFFECTS STUDY.—Section 118(g)(3)

22 (33 U.S.C. 1268), as redesignated by subsection (a)(2),

23 is amended—
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1 (1) in subparagraph (A), by inserting after

2 ‘‘September 30, 1994,’’ the following: ‘‘and subse3 quently, not later than September 30, 1997,’’; and

4 (2) in subparagraph (B)—

5 (A) by striking ‘‘$3,000,000’’ and inserting

6 ‘‘$5,000,000’’; and

7 (B) by striking ‘‘and 1994’’ and inserting

8 ‘‘and 1994 through 1997’’.

9 (f) LAKE SUPERIOR BINATIONAL PROGRAM.—Sec10 tion 118 (33 U.S.C. 1268) is amended by adding after

11 subsection (i), as redesignated by subsection (a)(2), the

12 following new subsection:

13 ‘‘(j) LAKE SUPERIOR BINATIONAL PROGRAM.—

14 ‘‘(1) IN GENERAL.—The Administrator shall

15 seek the cooperation of Canada in developing a bina16 tional program to restore and protect water and

17 sediment quality within the watershed area of Lake

18 Superior.

19 ‘‘(2) PROGRAM GOALS.—The program shall

20 evaluate water quality conditions, identify various

21 sources of water pollution, and assess a range of ap22 proaches to restoring and protecting designated uses

23 of waters identified in the Great Lakes Water Qual24 ity Agreement. In assessing various approaches to

25 protecting water and sediment quality, the Adminis-
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•S 2093 PCS

1 trator shall develop cooperative measures with Can2 ada to prevent pollution by toxic substances, such as

3 mercury.

4 ‘‘(3) COORDINATION.—To the greatest extent

5 possible, elements of the binational program shall be

6 incorporated into the Lake Superior Lakewide Man7 agement Plan developed pursuant to this section.’’.

8 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

9 118(k) (33 U.S.C. 1268), as redesignated by subsection

10 (a)(1), is amended to read as follows:

11 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Environmental

13 Protection Agency to carry out this section $30,000,000

14 for each of fiscal years 1995 through 2000.’’.

15 SEC. 1003. CHESAPEAKE BAY.

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

17 follows:

18 ‘‘CHESAPEAKE BAY

19 ‘‘SEC. 117. (a) DEFINITIONS.—As used in this

20 section:

21 ‘‘(1) CHESAPEAKE BAY AGREEMENT.—The

22 term ‘Chesapeake Bay Agreement’ means the for23 mal, voluntary agreements executed to achieve the

24 goal of restoring and protecting the Chesapeake Bay

25 ecosystem and the living resources of the ecosystem

26 and signed by the Governor of the State of Mary-
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1 land, the Governor of the Commonwealth of Penn2 sylvania, the Governor of the Commonwealth of Vir3 ginia, the Mayor of the District of Columbia, the

4 chairman of the tri-State Chesapeake Bay Commis5 sion, and the Administrator, on behalf of the execu6 tive branch of the Federal Government.

7 ‘‘(2) CHESAPEAKE BAY PROGRAM.—The term

8 ‘Chesapeake Bay Program’ means the program di9 rected by the Chesapeake Executive Council in ac10 cordance with the Chesapeake Bay Agreement.

11 ‘‘(3) CHESAPEAKE BAY WATERSHED.—The

12 term ‘Chesapeake Bay watershed’ shall have the

13 meaning determined by the Administrator.

14 ‘‘(4) CHESAPEAKE EXECUTIVE COUNCIL.—The

15 term ‘Chesapeake Executive Council’ means the sig16 natories to the Chesapeake Bay Agreement.

17 ‘‘(5) SIGNATORY JURISDICTION.—The term

18 ‘signatory jurisdiction’ means a jurisdiction of a sig19 natory to the Chesapeake Bay Agreement.

20 ‘‘(b) CONTINUATION OF CHESAPEAKE BAY PRO21 GRAM.—

22 ‘‘(1) IN GENERAL.—In cooperation with the

23 Chesapeake Executive Council (and as a member of

24 the Council), the Administrator shall continue the

25 Chesapeake Bay Program.
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1 ‘‘(2) PROGRAM OFFICE.—The Administrator

2 shall maintain in the Environmental Protection

3 Agency a Chesapeake Bay Program Office. The

4 Chesapeake Bay Program Office shall provide sup5 port to the Chesapeake Executive Council by—

6 ‘‘(A) implementing and coordinating

7 science, research, modeling, support services,

8 monitoring, and data collection activities that

9 support the Chesapeake Bay Program;

10 ‘‘(B) making available, through publica11 tions, technical assistance, and other appro12 priate means, information pertaining to the en13 vironmental quality and living resources of the

14 Chesapeake Bay Program;

15 ‘‘(C) in cooperation with appropriate Fed16 eral, State, and local authorities, assisting the

17 signatories to the Chesapeake Bay Agreement

18 that participate in the Chesapeake Bay Pro19 gram in developing and implementing specific

20 action plans to carry out the responsibilities of

21 the authorities under the Chesapeake Bay

22 Agreement;

23 ‘‘(D) assisting the Administrator in coordi24 nating the actions of the Environmental Protec25 tion Agency with the actions of the appropriate
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1 officials of other Federal agencies and State

2 and local authorities in developing strategies

3 to—

4 ‘‘(i) improve the water quality and liv5 ing resources of the Chesapeake Bay; and

6 ‘‘(ii) obtain the support of the appro7 priate officials of the agencies and authori8 ties in achieving the objectives of the

9 Chesapeake Bay Agreement; and

10 ‘‘(E) implementing outreach programs for

11 public information, education, and participation

12 to foster stewardship of the resources of the

13 Chesapeake Bay.

14 ‘‘(3) INTERAGENCY COOPERATION AND COORDI15 NATION.—

16 ‘‘(A) IN GENERAL.—There is established a

17 Chesapeake Bay Federal Agencies Committee

18 (referred to in this paragraph as the ‘Commit19 tee’). The purposes of the Committee shall be

20 to—

21 ‘‘(i) facilitate collaboration, coopera22 tion, and coordination among Federal

23 agencies and programs of Federal agencies

24 in support of the restoration of the Chesa25 peake Bay;
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1 ‘‘(ii) ensure the integration of Federal

2 activities relating to the restoration of the

3 Chesapeake Bay with State and local res4 toration activities, and the restoration ac5 tivities of nongovernmental entities; and

6 ‘‘(iii) provide a framework for activi7 ties that effectively focus the expertise and

8 resources of Federal agencies on problems

9 identified by the Committee in such man10 ner as to produce demonstrable environ11 mental results and demonstrable improve12 ments in programs of Federal agencies.

13 ‘‘(B) DUTIES OF THE COMMITTEE.—The

14 Committee shall share information, set prior15 ities, and develop and implement plans, pro16 grams, and projects for collaborative activities

17 to carry out the following duties:

18 ‘‘(i) Reviewing all Federal research,

19 monitoring, regulatory, planning, edu20 cational, financial, and technical assist21 ance, and other programs that the Com22 mittee determines to be appropriate, that

23 relate to the maintenance, restoration,

24 preservation, or enhancement of the envi-
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1 ronmental quality and natural resources of

2 the Chesapeake Bay.

3 ‘‘(ii) Reviewing each Federal program

4 administered by the head of each partici5 pating Federal agency that may influence

6 or contribute to point and nonpoint source

7 pollution and establishing a means for the

8 mitigation of any potential impacts of the

9 pollution.

10 ‘‘(iii) Developing and implementing an

11 annual and long-range work program that

12 specifies the responsibilities of each Fed13 eral agency in meeting commitments and

14 goals of the Chesapeake Bay Agreement.

15 ‘‘(iv) Assessing priority needs and

16 making recommendations to the Chesa17 peake Executive Council for improved envi18 ronmental and living resources manage19 ment of the Chesapeake Bay ecosystem.

20 ‘‘(C) APPOINTMENT OF MEMBERS.—The

21 members of the Committee shall be appointed

22 as follows:

23 ‘‘(i) At least 1 member who is an em24 ployee of the Environmental Protection
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1 Agency shall be appointed by the Adminis2 trator.

3 ‘‘(ii) At least 1 member who is an em4 ployee of the National Oceanic and Atmos5 pheric Administration of the Department

6 of Commerce shall be appointed by the

7 Secretary of Commerce.

8 ‘‘(iii) At least 3 members shall be ap9 pointed by the Secretary of the Interior, of

10 whom—

11 ‘‘(I) 1 member shall be an em12 ployee of the United States Fish and

13 Wildlife Service;

14 ‘‘(II) 1 member shall be an em15 ployee of the National Park Service;

16 and

17 ‘‘(III) 1 member shall be an em18 ployee of the United States Geological

19 Survey.

20 ‘‘(iv) At least 4 members shall be ap21 pointed by the Secretary of Agriculture, of

22 whom—

23 ‘‘(I) 1 member shall be an

24 employee of the Soil Conservation

25 Service;
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1 ‘‘(II) 1 member shall be an em2 ployee of the Forest Service;

3 ‘‘(III) 1 member shall be an em4 ployee of the Agricultural Stabiliza5 tion and Conservation Service; and

6 ‘‘(IV) 1 member shall be an em7 ployee of the Extension Service.

8 ‘‘(v) At least 3 members shall be ap9 pointed by the Secretary of Defense, of

10 whom—

11 ‘‘(I) at least 2 members shall be

12 employees of the Department of the

13 Army, of whom 1 member shall be an

14 employee of the Army Corps of Engi15 neers; and

16 ‘‘(II) 1 member shall be an em17 ployee of the Department of the Navy.

18 ‘‘(vi) At least 1 member who is an

19 employee of the Federal Highway Adminis20 tration shall be appointed by the Secretary

21 of Transportation.

22 ‘‘(vii) At least 1 member who is an

23 employee of the Coast Guard shall be ap24 pointed by the head of the department in

25 which the Coast Guard is operating.
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1 ‘‘(viii) At least 1 member shall be ap2 pointed by the Secretary of Housing and

3 Urban Development.

4 ‘‘(ix) At least 1 member shall be ap5 pointed by Board of Regents of the Smith6 sonian Institution.

7 ‘‘(D) CHAIRPERSON.—The Committee

8 shall, at the initial meeting of the Committee,

9 and biennially thereafter, select a Chairperson

10 from among the members of the Committee.

11 ‘‘(E) PROCEDURES.—The Committee may

12 establish such rules and procedures (including

13 rules and procedures relating to the internal

14 structure and function of the Committee) as the

15 Committee determines to be necessary to best

16 fulfill the responsibilities of the Committee.

17 ‘‘(F) MEETINGS.—The initial meeting of

18 the Committee shall be not later than 60 days

19 after the date of enactment of this subpara20 graph. Subsequent meetings shall be held on a

21 regular basis at the call of the Chairperson.

22 ‘‘(c) REPORTS.—The Committee shall prepare and

23 submit to the President a report to be submitted to Con24 gress that identifies—
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1 ‘‘(1) the activities that have been carried out or

2 are being undertaken to carry out the responsibil3 ities of the Federal agency under this section or that

4 are otherwise required under the Chesapeake Bay

5 Program;

6 ‘‘(2) planned activities to carry out the respon7 sibilities referred to in paragraph (1); and

8 ‘‘(3) the resources provided by the Federal

9 agency to meet the responsibilities of the agency

10 under this section and under the Chesapeake Bay

11 Program.

12 ‘‘(d) INTERSTATE DEVELOPMENT PLAN GRANTS.—

13 ‘‘(1) AUTHORITY.—The Administrator shall, at

14 the request of the Governor of a State affected by

15 the interstate management plan developed pursuant

16 to the Chesapeake Bay Program (referred to in this

17 section as the ‘plan’), make a grant for the purpose

18 of implementing the management mechanisms con19 tained in the plan if the State has, within 1 year

20 after the date of the enactment of the Water Pollu21 tion Prevention and Control Act of 1994, approved

22 and committed to implement all or substantially all

23 aspects of the plan. The grants shall be made sub24 ject to such terms and conditions as the Adminis-
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1 trator considers appropriate and shall be limited to pro2 grams and projects that are not eligible to receive assist3 ance under section 314, 319, or 603(c).

4 ‘‘(2) SUBMISSION OF PROPOSAL.—A State or

5 combination of States may apply for the benefits

6 provided under this subsection by submitting to the

7 Administrator a comprehensive proposal to imple8 ment management mechanisms contained in the

9 plan, which shall include—

10 ‘‘(A) a description of proposed abatement

11 actions that the State or combination of States

12 commits to take within a specified time period

13 to reduce pollution in the Chesapeake Bay and

14 to meet applicable water quality standards; and

15 ‘‘(B) the estimated cost of the abatement

16 actions proposed to be taken during the next

17 fiscal year.

18 If the Administrator finds that the proposal is con19 sistent with the plan and the national policies set

20 forth in section 101(a), the Administrator shall ap21 prove the proposal.

22 ‘‘(3) FEDERAL SHARE.—For any fiscal year,

23 the amount of grants made under this subsection

24 shall not exceed 50 percent of the costs of imple25 menting the management mechanisms contained in
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1 the plan during the fiscal year and shall be made on

2 the condition that non-Federal sources provide the

3 remainder of the cost of implementing the manage4 ment mechanisms contained in the plan during the

5 fiscal year.

6 ‘‘(4) ADMINISTRATIVE COSTS.—Administrative

7 costs in the form of salaries, overhead, or indirect

8 costs for services provided and charged against pro9 grams or projects supported by funds made available

10 under this subsection shall not exceed in any 1 fiscal

11 year an amount equal to 10 percent of the annual

12 Federal grant made to a State under this sub13 section.

14 ‘‘(e) COMPLIANCE BY FEDERAL FACILITIES.—

15 ‘‘(1) ASSESSMENT.—Not later than 1 year after

16 the date of enactment of this subsection, and annu17 ally thereafter, the head of each Federal agency that

18 owns or operates a facility (as defined by the Admin19 istrator) within the Chesapeake Bay watershed shall

20 perform an assessment of the facility for the purpose

21 of ensuring consistency and compliance with the

22 commitments, goals, and objectives of the Chesa23 peake Bay Program and the enforceable require24 ments of this Act.
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1 ‘‘(2) CONTENTS OF ASSESSMENTS.—The as2 sessment referred to in paragraph (1) shall identify

3 any then existing or potential impact on the water

4 quality or living resources of the Chesapeake Bay

5 (or both) by the facility, including any potential

6 land-use impacts of activities related to new develop7 ment, man-made obstructions to fish passage, shore8 line erosion, and ground water and storm water run9 off.

10 ‘‘(3) STATE PLANS AND PROGRAMS.—To the

11 maximum extent practicable, the head of each Fed12 eral agency that owns or occupies real property in

13 the Chesapeake Bay watershed shall ensure con14 formance with any applicable State plan or program

15 to protect environmentally sensitive areas in the

16 Chesapeake Bay watershed.

17 ‘‘(4) REPORT REQUIREMENTS.—As part of each

18 report required under subsection (c)(3), the head of

19 each Federal agency shall include a detailed plan,

20 funding mechanism, and schedule for ensuring com21 pliance with this Act and addressing or mitigating

22 the impacts referred to in paragraph (2).

23 ‘‘(f) HABITAT RESTORATION AND ENHANCEMENT

24 DEMONSTRATION PROGRAM.—
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1 ‘‘(1) ESTABLISHMENT OF PROGRAM.—The Ad2 ministrator, in cooperation with the heads of other

3 appropriate Federal agencies, agencies of States,

4 and political subdivisions of States, shall establish a

5 habitat restoration program in the Chesapeake Bay

6 watershed. The purpose of the program shall be to

7 develop and demonstrate cost-effective techniques for

8 restoring or enhancing wetlands, forest riparian

9 zones, and other types of habitat associated with the

10 Chesapeake Bay and the tributaries of the Chesa11 peake Bay.

12 ‘‘(2) CRITERIA FOR IDENTIFICATION OF AREAS

13 FOR HABITAT RESTORATION.—Not later than 1 year

14 after the date of enactment of this subsection, the

15 Administrator, in consultation with the Chesapeake

16 Executive Council, shall develop criteria to identify

17 areas for habitat restoration, including—

18 ‘‘(A) unique, significant, or representative

19 habitat types;

20 ‘‘(B) areas that are subject to, or threat21 ened by, habitat loss or habitat degradation (or

22 both) attributable to human or natural causes;

23 and

24 ‘‘(C) areas inhabited by endangered,

25 threatened, or rare species, neotropical migra-
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1 tory birds, or species that have a unique func2 tion within the Chesapeake Bay ecosystem.

3 ‘‘(3) PLAN.—Not later than 2 years after the

4 date of enactment of this subsection, the Adminis5 trator, in consultation with the Chesapeake Execu6 tive Council, shall develop a plan for the restoration

7 of wetlands, contiguous riparian forests, and other

8 habitats within the Chesapeake Bay watershed.

9 ‘‘(4) DUTIES OF THE ADMINISTRATOR.—In car10 rying out the demonstration program under this

11 subsection, the Administrator, in consultation with

12 the Chesapeake Executive Council, shall—

13 ‘‘(A) identify opportunities for the restora14 tion of major habitat resources in the Chesa15 peake Bay watershed;

16 ‘‘(B) characterize the importance of the

17 habitat resources identified pursuant to sub18 paragraph (A) to the health and functioning of

19 the Chesapeake Bay ecosystem;

20 ‘‘(C) conduct a prerestoration characteriza21 tion assessment of each habitat resource identi22 fied pursuant to subparagraph (A) to evaluate

23 with respect to the habitat resource—

24 ‘‘(i) the potential effectiveness of a

25 restoration effort;
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1 ‘‘(ii) enhancement options; and

2 ‘‘(iii) the cost-effectiveness of each ef3 fort or option referred to in clauses (i) and

4 (ii);

5 ‘‘(D) consider the degree to which restored

6 and enhanced habitats may—

7 ‘‘(i) mitigate the effects of nutrient

8 loading caused by nonpoint source pollu9 tion from developed areas and agricultural

10 activities;

11 ‘‘(ii) reduce erosion and mitigate flood

12 damage; and

13 ‘‘(iii) assist in the protection or recov14 ery of living resources;

15 ‘‘(E) ensure coordination with all then ex16 isting management, regulatory, and incentive

17 programs;

18 ‘‘(F) implement habitat restoration

19 projects on a demonstration basis, including

20 submerged aquatic vegetation plantings, break21 waters, forest buffer strips, and artificial wet22 lands;

23 ‘‘(G) monitor and evaluate the effective24 ness of the demonstration projects;
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1 ‘‘(H) establish and maintain a central

2 clearinghouse to facilitate access to information

3 related to habitat of the Chesapeake Bay water4 shed, including information relating to habitat

5 location, type, acreage, function, condition and

6 status, and restoration and design techniques

7 and trends related to such information; and

8 ‘‘(I) develop and carry out educational pro9 grams (including training programs), research

10 programs, and programs for technical assist11 ance to assist in the efforts of State and local

12 governments and private citizens related to

13 habitat restoration and enhancement.

14 ‘‘(5) ASSISTANCE.—

15 ‘‘(A) IN GENERAL.—In carrying out the

16 demonstration program under this subsection,

17 the Administrator is authorized to provide, in

18 cooperation with the Chesapeake Executive

19 Council, technical assistance and financial as20 sistance in the form of a grant to any State

21 government, interstate entity, local government,

22 or any other public or nonprofit private agency

23 that submits an approved application.
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1 ‘‘(B) FEDERAL SHARE OF GRANTS.—The

2 Federal share of the amount of any grant

3 awarded under this subsection shall be—

4 ‘‘(i) with respect to a project con5 ducted by the grant recipient on land

6 owned or leased by the Federal Govern7 ment, 100 percent of the cost of the activi8 ties that are the subject of the grant; and

9 ‘‘(ii) with respect to a project con10 ducted by the grant recipient on land that

11 is not owned or leased by the Federal Gov12 ernment, 75 percent of the cost of the ac13 tivities that are the subject of the grant.

14 ‘‘(C) FEDERAL SHARE OF PROJECTS.—The

15 Federal share of any project conducted by the

16 Administrator under this subsection shall be—

17 ‘‘(i) with respect to a project con18 ducted on land owned or leased by the

19 Federal Government, 100 percent of the

20 cost of the activities that are the subject of

21 the project; and

22 ‘‘(ii) with respect to a project con23 ducted on land that is not owned or leased

24 by the Federal Government, 75 percent of
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1 the cost of the activities that are the sub2 ject of the project.

3 ‘‘(6) HABITAT PROTECTION AND RESTORATION

4 PROGRESS ASSESSMENT.—Not later than 3 years

5 after the date of enactment of this subsection, and

6 biennially thereafter, the Administrator shall submit

7 a report to Congress concerning the results of the

8 demonstration projects conducted under the habitat

9 restoration demonstration program described in

10 paragraph (1). The report shall also include a sum11 mary of scientific information concerning habitat

12 restoration and protection in existence at the time of

13 preparation of the report, and a description of meth14 ods, procedures, and processes to assist State and

15 local governments and other interested entities in

16 carrying out projects for the protection and restora17 tion of habitat that the Administrator determines to

18 be appropriate.

19 ‘‘(g) BASINWIDE TOXICS REDUCTION.—

20 ‘‘(1) IN GENERAL.—The Administrator, in co21 operation with the Chesapeake Executive Council,

22 shall develop a comprehensive basinwide toxics re23 duction strategy (referred to in this subsection as

24 the ‘Strategy’). The Strategy shall, with respect to

25 inputs of toxic pollutants to the Chesapeake Bay
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1 and the tributaries of the Bay, establish basinwide

2 reduction objectives and describe actions that are

3 necessary to achieve a multijurisdictional approach

4 to the reduction of the inputs.

5 ‘‘(2) RESEARCH AND MONITORING.—The Ad6 ministrator shall undertake such research and mon7 itoring activities as the Administrator determines to

8 be necessary for the improvement of the understand9 ing of intermedia transfers of toxic pollutants and

10 the ultimate fate of the pollutants within the Chesa11 peake Bay ecosystem.

12 ‘‘(3) ELEMENTS OF STRATEGY.—The Strategy

13 developed pursuant to this subsection shall include a

14 process to assist signatory jurisdictions with—

15 ‘‘(A) improving the identification of the

16 sources and transport mechanisms of toxic pol17 lutant loadings to the Chesapeake Bay and the

18 tributaries of the Bay from point and nonpoint

19 sources; and

20 ‘‘(B) the periodic integration, in a consist21 ent format and manner, of the information ob22 tained pursuant to subparagraph (A) into a

23 toxics loading inventory for the Chesapeake

24 Bay.
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1 ‘‘(4) DEADLINE FOR COMPLETION OF STRAT2 EGY.—The Strategy developed pursuant to this sub3 section shall be completed not later than 2 years

4 after the date of enactment of this subsection.

5 ‘‘(5) FEDERAL ASSISTANCE.—The Adminis6 trator, in cooperation with the Chesapeake Executive

7 Council, shall provide such financial and technical

8 assistance as the Administrator determines to be

9 necessary to—

10 ‘‘(A) by not later than 1 year after the

11 date of enactment of this Act, develop a process

12 to assist signatory jurisdictions—

13 ‘‘(i) with improving the identification

14 of the sources and transport mechanisms

15 of toxic pollutant loadings to the Chesa16 peake Bay and the tributaries of the Bay

17 from point and nonpoint sources; and

18 ‘‘(ii) with the periodic integration, in

19 a consistent format and manner, of the in20 formation obtained pursuant to clause (i)

21 into a toxics loading inventory for the

22 Chesapeake Bay maintained pursuant to

23 the Chesapeake Bay Program (referred to

24 in this section as the ‘Chesapeake Bay

25 Program Toxics Loading Inventory’); and
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1 ‘‘(B) by not later than 2 years after the

2 date of enactment of this Act, commence the

3 implementation of toxics reduction, pollution

4 prevention, and management actions designed

5 to achieve the toxics reduction goals of the

6 Chesapeake Bay Agreement.

7 ‘‘(6) ACTIONS.—The toxics reduction, pollution

8 prevention, and management actions referred to in

9 paragraph (5)(B) shall—

10 ‘‘(A) be based upon the findings and rec11 ommendations of a reevaluation of the

12 Basinwide Toxics Reduction Strategy; and

13 ‘‘(B) include targeted demonstration

14 projects designed to reduce the level of toxic

15 pollutant loadings from major sources identified

16 in the Chesapeake Bay Program Toxics Load17 ing Inventory.

18 ‘‘(h) CHESAPEAKE BAY WATERSHED, TRIBUTARY,

19 AND RIVER BASIN PROGRAM.—

20 ‘‘(1) IN GENERAL.—Not later than 180 days

21 after the date of enactment of this subsection, the

22 Administrator, in cooperation with the Chesapeake

23 Executive Council, the Secretary of Commerce (act24 ing through the Administrator of the National Oce25 anic and Atmospheric Administration), the Secretary
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1 of the Interior (acting through the Director of the

2 United States Fish and Wildlife Service), and the

3 heads of such other Federal agencies as the Admin4 istrator determines to be appropriate, shall imple5 ment a coordinated research, monitoring, and data

6 collection program to—

7 ‘‘(A) assess the status of, and trends in,

8 the environmental quality and living resources

9 of the major tributaries, rivers, and streams

10 within the Chesapeake Bay watershed; and

11 ‘‘(B) assist in the development of manage12 ment plans for the waters referred to in sub13 paragraph (A).

14 ‘‘(2) CONTENTS OF PROGRAM.—The program

15 referred to in paragraph (1) shall include—

16 ‘‘(A) a comprehensive inventory of water

17 quality and living resource data for waters with18 in the Chesapeake Bay watershed;

19 ‘‘(B) an assessment of major issues and

20 problems concerning water quality in the Chesa21 peake Bay watershed, including the extent to

22 which the waters provide for the protection and

23 propagation of a balanced indigenous popu24 lation of fish, shellfish, and wildlife;
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1 ‘‘(C) a program to identify sources of

2 water pollution within the Chesapeake Bay wa3 tershed, including a system of accounting for

4 sources of nutrients, and the movement of nu5 trients, pollutants, and sediments through the

6 Chesapeake Bay watershed; and

7 ‘‘(D) the development of a coordinated

8 Chesapeake Bay watershed land-use database

9 that incorporates resource inventories and anal10 yses for the evaluation of the effects of different

11 land-use patterns on hydrological cycles, water

12 quality, living resources, and other environ13 mental features as an aid to making sound

14 land-use management decisions.

15 ‘‘(3) MANAGEMENT PLANS.—In a manner con16 sistent with each applicable deadline established by

17 the Chesapeake Executive Council, the Adminis18 trator, in consultation with the Chesapeake Execu19 tive Council, shall assist each signatory jurisdiction

20 of the Chesapeake Bay Council in the development

21 and implementation of a management strategy for

22 each of the major tributaries of the Chesapeake Bay,

23 designed for the achievement of—

24 ‘‘(A) a reduction, in a manner consistent

25 with the terms of the Chesapeake Bay Agree-
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1 ment, in the quantity of nitrogen and phos2 phorous entering the main stem Chesapeake

3 Bay; and

4 ‘‘(B) the water quality requirements nec5 essary to restore living resources in both the

6 tributaries and the main stem of the Chesa7 peake Bay.

8 ‘‘(4) ASSISTANCE.—

9 ‘‘(A) IN GENERAL.—The Administrator, in

10 consultation with the Chesapeake Executive

11 Council, is authorized to provide technical and

12 financial assistance to any State government,

13 interstate entity, local government, or any other

14 public or nonprofit private agency, institution,

15 or organization in the Chesapeake Bay water16 shed to—

17 ‘‘(i) support the research, monitoring,

18 and data collection program under this

19 subsection;

20 ‘‘(ii) develop and implement coopera21 tive tributary basin strategies that address

22 the water quality and living resource

23 needs; and

24 ‘‘(iii) encourage and coordinate locally

25 based public and private watershed protec-
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1 tion and restoration efforts that aid in the

2 development and implementation of pro3 grams that complement the tributary basin

4 strategies developed by the Chesapeake Ex5 ecutive Council.

6 ‘‘(B) GRANTS.—

7 ‘‘(i) IN GENERAL.—In providing fi8 nancial assistance pursuant to subpara9 graph (A), the Administrator may carry

10 out a grant program. Under the grant pro11 gram, the Administrator may award a

12 grant to any person (including the govern13 ment of a State) who submits an applica14 tion that is approved by the Administrator.

15 ‘‘(ii) FEDERAL SHARE.—A grant

16 awarded under this subsection for a fiscal

17 year shall not exceed an amount equal to

18 75 percent of the total annual cost of car19 rying out the activities that are the subject

20 of the grant, and be awarded on the condi21 tion that the non-Federal share of the

22 costs of the activities referred to in clause

23 (i) is paid from non-Federal sources.

24 ‘‘(iii) WATERSHED PROTECTION AND

25 RESTORATION.—As part of the grant pro-
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1 gram authorized under this paragraph, the

2 Administrator may award a grant to a sig3 natory jurisdiction to implement a program

4 referred to in subparagraph (A)(iii).

5 ‘‘(C) PRIORITIZATION.—In carrying out

6 the technical and financial assistance program

7 under this subsection, the Administrator shall

8 give priority to proposals that facilitate the par9 ticipation of local governments and entities of

10 the private sector in efforts to improve water

11 quality and the productivity of living resources

12 of rivers and streams in the Chesapeake Bay

13 watershed.

14 ‘‘(D) COORDINATION WITH OTHER FED15 ERAL PROGRAMS.—The Administrator shall en16 sure that assistance made available under this

17 subsection—

18 ‘‘(i) is consistent with the require19 ments of other Federal financial assistance

20 programs;

21 ‘‘(ii) is provided in coordination with

22 the programs referred to in subparagraph

23 (A); and

24 ‘‘(iii) furthers the objectives of the

25 Chesapeake Bay Program.
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1 ‘‘(i) STUDY OF CHESAPEAKE BAY PROGRAM.—Not

2 later than January 1, 1996, the Administrator, in co3 operation with the Chesapeake Bay Executive Council,

4 shall complete a study and submit a comprehensive report

5 to Congress on the results of the study. The study and

6 report shall, at a minimum—

7 ‘‘(1) evaluate the implementation of the Chesa8 peake Bay Agreement, including activities of the

9 Federal Government and State and local govern10 ments;

11 ‘‘(2) determine whether Federal environmental

12 programs and other activities adequately address the

13 priority needs identified in the Chesapeake Bay

14 Agreement;

15 ‘‘(3) assess the priority needs required by the

16 Chesapeake Bay Program management strategies

17 and how the priorities are being met; and

18 ‘‘(4) make recommendations for the improved

19 management of the Chesapeake Bay Program.

20 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated to the Environmental

22 Protection Agency to carry out this section $30,000,000

23 for each of fiscal years 1995 through 2000.’’.
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1 SEC. 1004. CLARK FORK-PEND OREILLE WATERSHED PRO2 GRAM.

3 Title I (33 U.S.C. 1251 et seq.), as amended by sec4 tion 1001, is further amended by adding at the end the

5 following new section:

6 ‘‘CLARK FORK-PEND OREILLE WATERSHED PROGRAM

7 ‘‘SEC. 125. (a) PROGRAM SUPPORT.—The Adminis8 trator shall continue the Clark Fork-Pend Oreille Water9 shed Program, developed pursuant to section 525 of the

10 Water Quality Act of 1987 (33 U.S.C. 1375 note).

11 ‘‘(b) TRI-STATE IMPLEMENTATION COUNCIL.—

12 ‘‘(1) ESTABLISHMENT.—The Administrator

13 shall establish a Tri-State Implementation Council

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

15 implement the management plan developed pursuant

16 to section 525 of the Water Quality Act of 1987 (33

17 U.S.C. 1375 note).

18 ‘‘(2) MEMBERSHIP OF COUNCIL.—Members of

19 the Council shall include representatives from each

20 affected State (as determined by the Administrator)

21 and shall include, at a minimum, representatives

22 of—

23 ‘‘(A) Federal agencies, agencies of States

24 and political subdivisions of States, and Indian

25 tribes;
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1 ‘‘(B) local watershed management commit2 tees; and

3 ‘‘(C) the general public and interested

4 parties.

5 ‘‘(3) DUTIES OF THE COUNCIL.—The Council

6 shall—

7 ‘‘(A) provide interstate and interagency co8 ordination for the protection and enhancement

9 of aquatic resources in—

10 ‘‘(i) the Clark Fork River and the

11 tributaries of the River in the States of

12 Idaho, Montana, and Washington;

13 ‘‘(ii) Lake Pend Oreille in the State of

14 Idaho; and

15 ‘‘(iii) the Pend Oreille River and the

16 tributaries of the River in the States re17 ferred to in clause (i);

18 ‘‘(B) continue the assessment of principal

19 factors having an adverse impact on the aquatic

20 resources of the watershed;

21 ‘‘(C) oversee the implementation of the

22 comprehensive interstate watershed manage23 ment plan developed pursuant to section 525 of

24 the Water Quality Act of 1987 (33 U.S.C. 1375

25 note);
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1 ‘‘(D) establish a budget for, and identify

2 sources of funding (including sources of funding

3 from the Federal Government, the governments

4 of States and political subdivisions of States,

5 and private sources) for implementing the plan;

6 ‘‘(E) establish a process for citizen involve7 ment, including public hearings and a commu8 nication plan; and

9 ‘‘(F) develop a strategy and timetable for

10 the implementation of identified projects and

11 activities.

12 ‘‘(c) REPORT.—Not later than 1 year after the date

13 of enactment of this section and annually thereafter, the

14 Council shall submit a report to the Administrator that—

15 ‘‘(1) summarizes the progress made by the

16 Council in implementing the plan;

17 ‘‘(2) summarizes any modifications to the plan;

18 and

19 ‘‘(3) incorporates specific recommendations con20 cerning the implementation of the plan.

21 ‘‘(d) REVISED PLAN.—Not later than 5 years after

22 the date of enactment of this section, the Council shall

23 submit a revised watershed plan to the Administrator. The

24 Administrator shall approve the revised plan if the plan

25 is consistent with the requirements of section 321(c). A
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1 revised plan approved pursuant to this section shall be

2 considered to have been approved pursuant to section 321.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Environmental

5 Protection Agency to carry out this section $2,000,000 for

6 each of fiscal years 1995 through 2000.’’.

7 SEC. 1005. GULF OF MAINE.

8 Title I (33 U.S.C. 1251 et seq.), as amended by sec9 tion 1004, is further amended by adding at the end the

10 following new section:

11 ‘‘GULF OF MAINE

12 ‘‘SEC. 126. (a) DEFINITIONS.—As used in this

13 section:

14 ‘‘(1) COMMISSION.—The term ‘Commission’

15 means the St. Croix International Waterway Com16 mission established under sections 991 et seq. of

17 title 38 of the Maine State Statutes Annotated.

18 ‘‘(2) COUNCIL.—The term ‘Council’ means the

19 Gulf of Maine Council on the Marine Environment

20 established under subsection (b).

21 ‘‘(3) GULF OF MAINE.—The term ‘Gulf of

22 Maine’ means the Bay of Fundy and the Gulf of

23 Maine as well as all the streams, rivers, lakes, and

24 other bodies of water and the associated land mass

25 of the bodies of water within the drainage basin of

26 the Gulf of Maine.
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1 ‘‘(4) GULF OF MAINE PROVINCE.—The term

2 ‘Gulf of Maine Province’ means a Province in Can3 ada that borders on the Gulf of Maine.

4 ‘‘(5) GULF OF MAINE STATE.—The term ‘Gulf

5 of Maine State’ means a State that borders on the

6 Gulf of Maine.

7 ‘‘(b) GULF OF MAINE COUNCIL.—

8 ‘‘(1) ESTABLISHMENT.—There is established a

9 Gulf of Maine Council on the Marine Environment.

10 ‘‘(2) MEMBERSHIP.—The Council shall be com11 posed of—

12 ‘‘(A) 3 representatives from each Gulf of

13 Maine State, appointed by the Governor of the

14 State; and

15 ‘‘(B) 3 representatives from each Gulf of

16 Maine Province, appointed by the Premier of

17 the Province.

18 ‘‘(3) FUNCTIONS.—The Council shall—

19 ‘‘(A) advise Governors and Premiers re20 ferred to in paragraph (2) on environmental is21 sues, including the protection of the environ22 mental quality of the Gulf of Maine ecosystem

23 (including the protection of water and sediment

24 quality);
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1 ‘‘(B) publish reports on the activities of

2 the Council and environmental trends and con3 ditions in the Gulf of Maine pursuant to sub4 section (c);

5 ‘‘(C) not later than 1 year after the date

6 of enactment of this section, design and begin

7 the implementation of a coordinated monitoring

8 program to provide improved information for

9 decisions concerning environmental quality in

10 the Gulf of Maine;

11 ‘‘(D) prepare a Gulf of Maine Environ12 mental Protection Plan;

13 ‘‘(E) assist in the coordination of activities

14 of Federal agencies, agencies of States and po15 litical subdivisions of States, and private orga16 nizations with respect to the implementation of

17 the plan for the Gulf of Maine developed under

18 subparagraph (D);

19 ‘‘(F) make grants to, or enter into con20 tracts or cooperation agreements with, agencies

21 of States or political subdivisions of State agen22 cies or other public or nonprofit organizations

23 to carry out projects and programs in a manner

24 consistent with the plan developed pursuant to

25 subparagraph (D);
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1 ‘‘(G) assess transboundary impacts of var2 ious activities on waters of the Gulf of Maine,

3 in cooperation with appropriate officials of the

4 States and provinces, political subdivisions of

5 States and provinces, regional agencies and or6 ganizations, and international agencies and or7 ganizations; and

8 ‘‘(H) organize a Gulf of Maine Advisory

9 Board that represents government, economic,

10 and public, and other nongovernmental inter11 ests to oversee development of the plan under

12 subparagraph (D).

13 ‘‘(c) REPORTS.—Not later than 18 months after the

14 date of enactment of this section, and biennially there15 after, the Council shall submit a report to Congress con16 cerning environmental trends and conditions in the Gulf

17 of Maine, the development of the plan referred to in sub18 section (b)(3)(D), and the activities of the Council in the

19 development of the plan.

20 ‘‘(d) GRANTS.—The Administrator is authorized to

21 make a grant to the Council to support the activities of

22 the Council. Any grant pursuant this subsection shall be

23 made on the condition that not less than 50 percent of

24 the costs of the Council are supported with non-Federal

25 funds.
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1 ‘‘(e) ST. CROIX INTERNATIONAL WATERWAY COM2 MISSION.—

3 ‘‘(1) IN GENERAL.—The Administrator may

4 award grants to the St. Croix International Water5 way Commission to support the activities of the

6 Commission.

7 ‘‘(2) FEDERAL SHARE.—

8 ‘‘(A) IN GENERAL.—The Federal share of

9 a grant awarded under this subsection shall be

10 50 percent of the amount of the grant award.

11 ‘‘(B) NON-FEDERAL SHARE.—The non12 Federal share of a grant awarded under this

13 subsection shall be 50 percent of the amount of

14 the grant award. Any person, including the

15 State of Maine, the Province of New Bruns16 wick, the Government of Canada, or any politi17 cal subdivision thereof, may pay the non-Fed18 eral share.

19 ‘‘(3) REPORTS.—

20 ‘‘(A) SUBMISSION BY COMMISSION.—As a

21 condition of receiving a grant award under this

22 subsection, the Commission shall submit to the

23 Administrator, by a date specified by the Ad24 ministrator, an annual report on the activities
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1 of the Commission and the use by the Commis2 sion of the grant award.

3 ‘‘(B) SUBMISSION BY ADMINISTRATOR.—

4 As soon as practicable after receipt of the re5 port under subparagraph (A), the Adminis6 trator shall submit a copy of the report and any

7 written recommendations concerning the report

8 to the Committee on Environment and Public

9 Works of the Senate and the Committee on

10 Public Works and Transportation of the House

11 of Representatives.

12 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated to the Envi14 ronmental Protection Agency to carry out this sub15 section $100,000 for each of fiscal years 1995

16 through 2000.

17 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to the Environmental

19 Protection Agency for each of fiscal years 1995 through

20 2000 such sums as are necessary to establish and carry

21 out the functions of the Gulf of Maine Council.’’.

22 SEC. 1006. MISSISSIPPI RIVER.

23 Title I (33 U.S.C. 1251 et seq.), as amended by sec24 tion 1005, is further amended by adding at the end the

25 following new section:
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1 ‘‘MISSISSIPPI RIVER

2 ‘‘SEC. 127. (a) DEFINITIONS.—As used in this

3 section:

4 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal

5 agency’ means the Environmental Protection Agen6 cy, the Army Corps of Engineers, the Soil Conserva7 tion Service of the Department of Agriculture, the

8 United States Geological Survey of the Department

9 of the Interior, the National Park Service, the Unit10 ed States Coast Guard, the United States Fish and

11 Wildlife Service, and any other Federal agency with

12 a significant interest in Mississippi River resources.

13 ‘‘(2) MISSISSIPPI RIVER STATE.—The term

14 ‘Mississippi River State’ means Arkansas, Illinois,

15 Iowa, Kentucky, Louisiana, Minnesota, Mississippi,

16 Missouri, Tennessee, or Wisconsin.

17 ‘‘(3) NONGOVERNMENTAL ORGANIZATION.—

18 The term ‘nongovernmental organization’ means a

19 citizen, environmental, or tribal organization or any

20 other nongovernmental organization with a signifi21 cant interest in Mississippi River resources.

22 ‘‘(4) QUASI-GOVERNMENTAL ORGANIZATION.—

23 The term ‘quasi-governmental organization’ means

24 the Upper Mississippi Basin Association, the Mis25 sissippi Interstate Cooperative Resource Agreement,
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1 the Upper Mississippi River Conservation Commit2 tee, the Lower Mississippi Delta Center, and any

3 other organization with a significant interest in Mis4 sissippi River resources.

5 ‘‘(5) SECRETARY.—The term ‘Secretary’ means

6 the Secretary of the Interior.

7 ‘‘(b) MISSISSIPPI RIVER PROGRAM.—Not later than

8 180 days after the date of enactment of this section, the

9 Administrator shall establish within the Agency a Mis10 sissippi River Program to—

11 ‘‘(1) report on the assessment of trends in envi12 ronmental quality, including air and water, natural

13 resources, and uses of the Mississippi River;

14 ‘‘(2) collaborate with Mississippi River States,

15 quasi-governmental organizations, nongovernmental

16 organizations, and Federal agencies to collect, orga17 nize, characterize, and assess data on toxic pollut18 ants, nutrients, pathogens, and natural resources

19 within the Mississippi River basin and to identify the

20 causes of environmental problems;

21 ‘‘(3) collaborate in the development of a Man22 agement, Protection, and Restoration Plan pursuant

23 to subsection (h);

24 ‘‘(4) monitor the effectiveness of actions taken

25 pursuant to the Plan;
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1 ‘‘(5) develop and implement educational and

2 training programs and research programs to assist

3 in the efforts of State and local governments, non4 governmental organizations, and private citizens to

5 enhance the environmental quality of the Mississippi

6 River, including monitoring, mapping, and restora7 tion; and

8 ‘‘(6) provide other necessary activities to pro9 tect and restore the Mississippi River.

10 ‘‘(c) PROGRAM OFFICE.—There is established within

11 the Agency a Mississippi River Program Office (referred

12 to in this section as the ‘Program Office’). The Program

13 Office shall be located in a Mississippi River State. The

14 Program Office shall be headed by a Director, who shall

15 be appointed by the Administrator. The Administrator

16 shall delegate to the Director such authority as may be

17 necessary to carry out the duties of the Director under

18 this section.

19 ‘‘(d) FISH AND WILDLIFE SERVICE PROGRAM.—Not

20 later than 180 days after the date of enactment of this

21 section, the Secretary shall establish the administrative

22 structure within the United States Fish and Wildlife

23 Service to—

24 ‘‘(1) report on the assessment of trends in eco25 system health of the Mississippi River;
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1 ‘‘(2) collaborate with the Program Office, the

2 Mississippi River States, quasi-governmental organi3 zations, nongovernmental organizations, and Federal

4 agencies to collect, characterize, and assess data on

5 habitat loss and alteration and natural resources

6 within the Mississippi River basin and to identify the

7 causes of ecological problems; and

8 ‘‘(3) collaborate in the development of a Man9 agement, Protection, and Restoration Plan pursuant

10 to section (h).

11 ‘‘(e) ASSESSMENT.—Not later than 1 year after the

12 date of enactment of this section, the Administrator and

13 the Director of the United States Fish and Wildlife Serv14 ice, in consultation with the heads of other Federal agen15 cies and the Mississippi River States, shall prepare a re16 port on the assessment of the environmental quality and

17 ecosystem health of the Mississippi River and the impact

18 of the environmental quality and ecosystem health of the

19 river on the economic viability human health of the citi20 zenry in, the Mississippi River States, and ecological

21 health of plants and animals that depend on the Mis22 sissippi River and the banks of the river for habitat. The

23 report shall—
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1 ‘‘(1) describe the then existing state of knowl2 edge concerning the environmental quality and eco3 system health of the Mississippi River;

4 ‘‘(2) include an inventory of relevant environ5 mental research and monitoring programs;

6 ‘‘(3) identify gaps in knowledge and research

7 needed for the development and implementation of

8 the Plan developed pursuant to subsection (h); and

9 ‘‘(4) assess the economic importance and con10 tributions of the Mississippi River to the Mississippi

11 River States and to the United States, and identify

12 environmental problems relevant to the Mississippi

13 River that pose a threat to the contributions de14 scribed in this paragraph.

15 ‘‘(f) MONITORING.—The Administrator, in conjunc16 tion with the Secretary of the Interior and the Mississippi

17 River States, shall design a strategy for developing a co18 ordinated monitoring program to assess the environmental

19 quality of the Mississippi River ecosystem. The strategy

20 shall include activities for collecting and evaluating data

21 concerning concentrations, sources, and pathways of

22 pollutants.

23 ‘‘(g) MISSISSIPPI RIVER STATES COUNCIL.—The

24 Governors of the Mississippi River States and the Sec25 retary and Administrator, or the designees of such individ-
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1 uals, shall assemble to form a Mississippi River States

2 Council. The purpose of the Council shall be to—

3 ‘‘(1) assist in collecting the assessment and

4 monitoring data required pursuant to subsections (e)

5 and (f);

6 ‘‘(2) develop and ratify a Management, Protec7 tion, and Restoration Plan required by subsection

8 (h);

9 ‘‘(3) create an advisory committee, to assist the

10 Council in the development of the Plan, composed of

11 representatives from other Federal agencies, quasi12 governmental organizations, and nongovernmental

13 organizations; and

14 ‘‘(4) facilitate the collaboration, cooperation,

15 and coordination among programs and activities of

16 Federal, State, and local departments and agencies

17 and quasi-governmental and nongovernmental orga18 nizations on issues related to the restoration of envi19 ronmental quality and aquatic resources of the Mis20 sissippi River.

21 ‘‘(h) MANAGEMENT, PROTECTION, AND RESTORA22 TION PLAN.—

23 ‘‘(1) IN GENERAL.—The Mississippi River

24 States Council, with the concurrence of the advisory

25 committee referred to in subsection (g)(3), and in
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1 consultation with appropriate officials of local agen2 cies, institutions of higher education, private indus3 tries, and nonprofit research organizations shall de4 velop a Management, Protection, and Restoration

5 plan for the Mississippi River (referred to in this

6 section as the ‘Plan’). The Plan shall recommend

7 priority actions and milestones to, by the year 2010,

8 restore and protect the environmental quality and

9 ecosystem health of the Mississippi River. To the ex10 tent feasible, the Plan shall include numeric or oth11 erwise quantifiable goals, including—

12 ‘‘(A) acres of riparian and wetlands areas

13 to be restored; and

14 ‘‘(B) percentage reductions in loadings of

15 pollutants (including toxic compounds identified

16 as priorities), pesticides, nutrients, and sedi17 ments.

18 ‘‘(2) CONTENTS OF THE PLAN.—The Plan

19 shall—

20 ‘‘(A) outline specific activities to be con21 ducted under the Mississippi River Program by

22 the Administrator and the Director of the Unit23 ed States Fish and Wildlife Service;

24 ‘‘(B) provide cooperative activities under

25 the Program Office and the United States Fish
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1 and Wildlife Service with Federal, State, and

2 local departments or agencies and quasi-govern3 mental organizations;

4 ‘‘(C) set forth recommendations for the

5 most cost effective actions by Federal, State,

6 and local agencies to prevent, abate, or remedi7 ate pollution or to otherwise improve the envi8 ronmental quality, ecosystem health, and eco9 nomic viability of the Mississippi River system;

10 ‘‘(D) set priorities for actions to be under11 taken by Federal, State, and local agencies

12 based on the greatest risks to human and bio13 logical health and the environment; and

14 ‘‘(E) include activities for monitoring the

15 effectiveness of the actions described in the

16 Plan.

17 ‘‘(3) IMPLEMENTATION.—Pursuant to para18 graph (1), the Plan shall identify—

19 ‘‘(A) the Federal, State, or local agency re20 sponsible for the implementation of each meas21 ure or project;

22 ‘‘(B) any required changes in Federal,

23 State, or local laws or regulations;

24 ‘‘(C) the time period necessary for carrying

25 out each measure or project;
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1 ‘‘(D) the resources necessary for conduct2 ing the Plan; and

3 ‘‘(E) any other actions that are necessary

4 to implement the Plan.

5 ‘‘(4) PUBLIC PARTICIPATION.—To the maxi6 mum extent practicable, the Administrator and the

7 Secretary shall involve the public in the development

8 of the Plan. The public shall also be consulted as the

9 implementation of the Plan proceeds.

10 ‘‘(5) PLAN APPROVAL.—Not later than 1 year

11 after the date of development of the Plan, and after

12 notice and opportunity for public comment, the Ad13 ministrator and Secretary shall approve the Plan if

14 the plan meets the requirements of this section, and

15 other Federal statutes.

16 ‘‘(6) PLAN REVIEW.—The approved Plan shall

17 be reviewed, updated, and approved pursuant to the

18 procedures and requirements of this section on the

19 date that is 3 years after the date of initial approval,

20 and every 5 years thereafter.

21 ‘‘(i) GRANTS.—The Administrator, in consultation

22 with the Secretary, is authorized to make grants to a Mis23 sissippi State, group of States, quasi-governmental organi24 zations, or nongovernmental organizations for the purpose

25 of furthering the development and implementation of the
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1 Plan developed pursuant to subsection (h). A grant made

2 under this subsection may be used to conduct monitoring

3 and assessment activities, support development of the

4 Plan, and carry out the Plan, including assistance to any

5 program, project, or activity identified in the Plan. Not

6 more than 50 percent of the cost of any program, project,

7 or activity receiving assistance pursuant to this subsection

8 may paid for from Federal funds.

9 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated to the Administrator to

11 carry out this section $15,000,000 for each of fiscal years

12 1995 through 2000. There are authorized to be appro13 priated to the Secretary to carry out this section

14 $5,000,000 for each of fiscal years 1995 through 2000.’’.

15 SEC. 1007. LONG ISLAND SOUND.

16 (a) MANAGEMENT CONFERENCE; AUTHORIZATION

17 OF APPROPRIATIONS.—

18 (1) IN GENERAL.—Section 119(e) (33 U.S.C.

19 1269(e)) is amended by striking ‘‘1996’’ each place

20 it appears and inserting ‘‘2000’’.

21 (2) AUTHORIZATION FOR GRANTS.—Section

22 119(e)(2) (33 U.S.C. 1269(e)(2)) is amended by

23 striking ‘‘$3,000,000’’ and inserting ‘‘$6,000,000’’.
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1 (b) CONNECTICUT RIVER WATERSHED MANAGE2 MENT.—Section 119 (33 U.S.C. 1269) is amended by add3 ing at the end the following new subsection:

4 ‘‘(f) CONNECTICUT RIVER WATERSHED MANAGE5 MENT.—

6 ‘‘(1) DESIGNATION.—The Connecticut River

7 and the watershed of the Connecticut River in the

8 States of Vermont, New Hampshire, Massachusetts,

9 and Connecticut are designated as a multistate wa10 tershed.

11 ‘‘(2) COORDINATION.—

12 ‘‘(A) IN GENERAL.—The New England

13 Interstate Water Pollution Commission (re14 ferred to in this subsection as the ‘Commis15 sion’) shall coordinate State and interstate ef16 forts with respect to the management of the

17 Connecticut River watershed described in para18 graph (1).

19 ‘‘(B) LEAD AGENCIES.—Each Governor of

20 a State referred to in paragraph (1) shall ap21 point a State environmental agency to serve as

22 a lead agency to cooperate with the Commission

23 in the coordination of watershed management,

24 assessment, and planning activities.
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1 ‘‘(C) INCLUSION OF CERTAIN ENTITIES.—

2 The appropriate Federal and State commis3 sions, studies, and initiatives shall be included

4 in the coordination of activities carried out pur5 suant to subparagraph (B).

6 ‘‘(3) WATERSHED MANAGEMENT PLANNING.—

7 ‘‘(A) IN GENERAL.—The Commission shall

8 coordinate new, existing, and ongoing planning

9 efforts and activities.

10 ‘‘(B) WATERSHED MANAGEMENT PLAN.—

11 The Commission shall coordinate the develop12 ment of a 5-year watershed management plan

13 that meets the requirements of section 321.

14 ‘‘(C) REPORT.—Not later than 3 years

15 after the date of enactment of this subsection,

16 the Commission shall submit a watershed man17 agement plan required under this paragraph to

18 the Administrator.

19 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

20 There are authorized to be appropriated to the Com21 mission to carry out this subsection $500,000 for

22 each of fiscal years 1995 through 1997.’’.
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1 SEC. 1008. NARRAGANSETT BAY.

2 Title I (33 U.S.C. 1251 et seq.), as amended by sec3 tion 1006, is further amended by adding at the end the

4 following new section:

5 ‘‘NARRAGANSETT BAY PROJECT

6 ‘‘SEC. 128. (a) IN GENERAL.—The Administrator

7 shall make grants under this section to maintain the Nar8 ragansett Bay Project (referred to in this section as the

9 ‘Project’) and to implement the comprehensive conserva10 tion and management plan for Narragansett Bay ap11 proved under section 320.

12 ‘‘(b) ADVISORY COUNCIL.—The Project shall estab13 lish an advisory council. The Project shall invite participa14 tion by the Governors of the States of Rhode Island and

15 Massachusetts, 4 members of the legislature of the State

16 of Rhode Island, 4 members of the legislature of the State

17 of Massachusetts representing legislative districts within

18 the Narragansett Bay watershed, 6 elected officials of

19 local government in the Narragansett Bay watershed, and

20 4 individuals representing organizations in the nonprofit

21 and private sector with expertise in matters relating to

22 water quality and the living resources of Narragansett

23 Bay. The Administrator of the Environmental Protection

24 Agency and the Administrator of the National Oceanic

25 and Atmospheric Administration shall also appoint rep26 resentatives to serve on the Council. The Council may di-
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1 rect staff of the Project to establish citizen and technical

2 advisory committees to assist the Council and the Project

3 in carrying out the plan.

4 ‘‘(c) DUTIES.—The Project shall facilitate the imple5 mentation of the comprehensive conservation and manage6 ment plan for Narragansett Bay approved under section

7 320 with Federal, State, and local agencies to conduct re8 search, assessment, monitoring, education, technical as9 sistance, and other activities to facilitate the implementa10 tion of the plan and make grants or enter into contracts

11 to carry out projects identified as priorities in the plan

12 or by the Council with funds provided by the Adminis13 trator under this section.

14 ‘‘(d) PROJECT GRANTS.—The Administrator is au15 thorized to make grants or to enter into contracts or coop16 erative agreements with State or local government agen17 cies or other public or nonprofit organizations to carry out

18 projects identified as priorities in the plan referred to in

19 subsection (c) or by the Council and to carry out the func20 tions as identified in subsection (c). Any grant made, or

21 contract or cooperative agreement entered into, pursuant

22 to this subsection shall be on the condition that not less

23 than 50 percent of the project costs are provided from

24 non-Federal funds.
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1 ‘‘(e) AUTHORIZATION.—There are authorized to be

2 appropriated to the Administrator to carry out this section

3 $6,000,000 per year for each of the fiscal years 1995

4 through 2000.’’.

5 SEC. 1009. SAN FRANCISCO BAY-DELTA ESTUARY.

6 Title I (33 U.S.C. 1251 et seq.), as amended by sec7 tion 1008, is further amended by adding at the end the

8 following new section:

9 ‘‘SAN FRANCISCO BAY-DELTA ESTUARY

10 ‘‘SEC. 129. (a) ESTABLISHMENT OF EXECUTIVE

11 COUNCIL.—The Administrator shall establish an Execu12 tive Council of the San Francisco Bay-Delta Estuary Res13 toration Program (referred to in this section as the ‘Exec14 utive Council’).

15 ‘‘(b) EXECUTIVE COUNCIL.—

16 ‘‘(1) DUTIES.—The Executive Council shall

17 oversee and coordinate the implementation of the

18 Comprehensive Conservation and Management Plan

19 for the San Francisco Bay-Delta Estuary developed

20 pursuant to section 320 (referred to in this section

21 as the ‘Comprehensive Plan’).

22 ‘‘(2) MEMBERSHIP.—The Executive Council

23 shall be appointed by the Administrator as rec24 ommended in the Comprehensive Plan.

25 ‘‘(3) IMPLEMENTATION COMMITTEE.—The Ex26 ecutive Council shall establish an Implementation
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1 Committee to provide assistance to the Council in

2 carrying out the duties of the Council and imple3 menting the comprehensive plan referred to in para4 graph (1). The Implementation Committee shall be

5 composed of no more than 25 members including the

6 following:

7 ‘‘(A) Members appointed by the Executive

8 Council from among individuals who are rep9 resentatives of local, State, and Federal agen10 cies involved in implementing the Comprehen11 sive Plan.

12 ‘‘(B) 3 members appointed by the Execu13 tive Council from among individuals rec14 ommended by the environmental representatives

15 on the Management Committee of the San

16 Francisco Estuary Project to represent the San

17 Francisco Bay-Delta Estuary environmental

18 community.

19 ‘‘(C) 3 members appointed by the Execu20 tive Council from among individuals rec21 ommended by the business, water use, and dis22 charger representatives on the Management

23 Committee of the San Francisco Estuary

24 Project to represent the San Francisco Bay-
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1 Delta business, water use, and discharger com2 munities.

3 ‘‘(D) 1 member appointed by the Executive

4 Council from among individuals recommended

5 by the fisheries representatives on the Manage6 ment Committee of the San Francisco Estuary

7 Project to represent fisheries.

8 ‘‘(4) EVALUATION AND REPORTING.—Not later

9 than 2 years after the date of approval of the Com10 prehensive Plan, and biennially thereafter, the Exec11 utive Council shall issue a public report to the Ad12 ministrator, the Governor of California, and Con13 gress, that—

14 ‘‘(A) evaluates the progress made in imple15 menting the Comprehensive Plan;

16 ‘‘(B) identifies anticipated priorities and

17 needs for future implementation of the Com18 prehensive Plan;

19 ‘‘(C) specifies recommendations and jus20 tification for potential modifications to the

21 Comprehensive Plan; and

22 ‘‘(D) summarizes any modifications to the

23 Comprehensive Plan that may have been ap24 proved in the 2-year period immediately preced25 ing the report.
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1 ‘‘(c) GRANTS.—

2 ‘‘(1) IN GENERAL.—The Administrator may

3 make grants for projects and studies that will sup4 port the implementation of the Comprehensive Plan,

5 following approval of the Plan by the Administrator.

6 ‘‘(2) PRIORITY.—In making grants under this

7 subsection, priority consideration shall be given to—

8 ‘‘(A) establishing the San Francisco Estu9 arine Institute to coordinate implementation of

10 the research and monitoring program of the

11 Comprehensive Plan;

12 ‘‘(B) activities to conduct the public in13 volvement and education program of the Com14 prehensive Plan; and

15 ‘‘(C) other activities contained in the Com16 prehensive Plan that are identified as priority

17 activities by the Implementation Committee and

18 the Executive Council.

19 ‘‘(3) FEDERAL SHARE.—Grants made pursuant

20 to this subsection shall be made on the condition

21 that not less than 50 percent of the costs of a

22 project or study are provided from non-Federal

23 funds.

24 ‘‘(d) AUTHORIZATION.—There are authorized to be

25 appropriated to the Environmental Protection Agency to
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1 carry out this section $6,000,000 for each of fiscal years

2 1995 through 2000.’’.

3 SEC. 1010. LAKE CHAMPLAIN.

4 Section 120(i) (33 U.S.C. 1270(i)) is amended by

5 striking ‘‘each of fiscal years 1991, 1992, 1993, 1994, and

6 1995’’ and inserting ‘‘each of fiscal years 1991 through

7 2000’’.

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