I 

111TH CONGRESS 

2D SESSION H. R. 5670 

To require the Administrator of the Environmental Protection Agency to 

make grants for the improvement of storm water retention basins in 

the watersheds of estuaries in the National Estuary Program. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 1, 2010 

Mr. ADLER of New Jersey introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To require the Administrator of the Environmental Protection Agency to make grants for the improvement of 

storm water retention basins in the watersheds of estuaries in the National Estuary Program. 

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

3 SECTION 1. STORM WATER RETENTION BASIN IMPROVE4 MENT GRANTS. 

5 (a) AUTHORIZATION.—The Administrator of the En6 vironmental Protection Agency shall make grants on a 

7 competitive basis to eligible entities for improvement of 

8 the pollution control capabilities of storm water retention 


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1 basins identified by the Administrator under subsection 

2 (b). 

3 (b) IDENTIFICATION OF BASINS BY ADMINIS4 TRATOR.—The Administrator shall conduct an evaluation 

5 of each storm water retention basin located in the water6 shed of an estuary for which a comprehensive conservation 

7 and management plan is in effect under section 320 of 

8 the Federal Water Pollution Control Act (33 U.S.C. 1330) 

9 to identify basins whose pollution control capabilities are 

10 in need of improvement in order to attain or maintain in 

11 such estuary the water quality described in subsection 

12 (a)(2)(A) of such section. 

13 (c) ELIGIBILITY.—The Administrator may only make 

14 a grant under subsection (a) to an eligible entity that sub15 mits an application at such time, in such form, and includ16 ing such information and assurances as the Administrator 

17 may require, including— 

18 (1) a detailed description of the storm water re19 tention basin improvements for which the entity will 

20 use grant funds; and 

21 (2) scientific evidence in support of the need for 

22 such improvements, which may include the evidence 

23 that formed the basis of the Administrator’s identi24 fication under subsection (b) of the basin involved. 


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1 (d) PRIORITY.—In making grants under subsection 

2 (a), the Administrator shall give priority to grant pro3 posals— 

4 (1) by eligible entities to improve storm water 

5 retention basins whose pollution control capabilities 

6 are the most deficient and the improvement of which 

7 will result in the greatest increase in water quality 

8 in the estuary involved; and 

9 (2) by eligible entities to improve storm water 

10 retention basins for which, prior to the date of the 

11 enactment of this Act, an evaluation of pollution 

12 control capabilities has been conducted as part of 

13 the implementation of a comprehensive conservation 

14 and management plan under section 320 of the Fed15 eral Water Pollution Control Act (33 U.S.C. 1330). 

16 (e) USE OF FUNDS.—An eligible entity receiving a 

17 grant under subsection (a) shall use grant funds to carry 

18 out— 

19 (1) the storm water retention basin improve20 ments the entity described in its grant application, 

21 as required by subsection (c)(1); and 

22 (2) the monitoring and reporting requirements 

23 of subsection (f)(1). 

24 (f) MONITORING, REPORTING, AND EVALUATION.— 


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1 (1) BY ELIGIBLE ENTITIES.—An eligible entity 

2 receiving a grant under subsection (a) shall conduct 

3 such monitoring activities as the Administrator con4 siders necessary to determine if the storm water re5 tention basin improvements for which the entity is 

6 using grant funds are increasing the basin’s pollu7 tion control capabilities. At such times as the Ad8 ministrator may require, the eligible entity shall sub9 mit to the Administrator reports of the data gath10 ered by the monitoring activities. 

11 (2) BY ADMINISTRATOR.—The Administrator 

12 shall analyze the data submitted by eligible entities 

13 under paragraph (1) and conduct such additional 

14 monitoring and evaluation of the storm water basin 

15 improvements carried out through grants under sub16 section (a) as the Administrator considers necessary 

17 to determine the most effective methods of improv18 ing storm water basins to increase water quality in 

19 estuaries for which comprehensive conservation and 

20 management plans are in effect under section 320 of 

21 the Federal Water Pollution Control Act (33 U.S.C. 

22 1330). 

23 (g) MATCHING REQUIREMENT.—The Administrator 

24 may not make a grant to an eligible entity under sub25 section (a) unless the eligible entity agrees that, with reVerDate Mar 15 2010 00:44 Jul 03, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5670.IH H5670

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1 spect to the costs to be incurred by the eligible entity in 

2 carrying out the activities for which the grant is awarded, 

3 the eligible entity will make available non-Federal con4 tributions in an amount equal to not less than 20 percent 

5 of the Federal funds provided under the grant. 

6 (h) ELIGIBLE ENTITY DEFINED.—The term ‘‘eligible 

7 entity’’ means a State or a political subdivision of a State 

8 that has jurisdiction over all or part of a storm water re9 tention basin identified by the Administrator under sub10 section (b), regardless of whether such basin is publicly 

11 or privately owned. 

12 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section 

14 $20,000,000 for each of the fiscal years 2011 through 

15 2015. 

Æ 


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