I

105TH CONGRESS

1ST SESSION H. R. 550

To amend the Federal Water Pollution Control Act to establish requirements

and provide assistance to prevent nonpoint sources of water pollution,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1997

Mr. OBERSTAR introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend the Federal Water Pollution Control Act to establish requirements and provide assistance to prevent

nonpoint sources of water pollution, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Nonpoint Source

5 Water Pollution Prevention Act of 1997’’.

6 SEC. 2. POLICY, FINDINGS, AND PURPOSES.

7 (a) POLICY.—It is the policy of the United States to

8 consummate the objective set forth in the Federal Water
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1 Pollution Control Act to ‘‘restore and maintain the chemi2 cal, physical, and biological integrity of the Nation’s wa3 ters’’.

4 (b) FINDINGS.—Congress finds the following:

5 (1) While the Federal Water Pollution Control

6 Act spoke to control of all sources of water pollution,

7 subsequent legislative and regulatory actions have

8 concentrated on point sources.

9 (2) United States citizens as Federal and State

10 taxpayers have spent $75,000,000,000 to clean up

11 municipal point sources. Citizens as consumers have

12 spent $130,000,000,000 to clean up industrial point

13 sources. Ninety percent of municipalities, and 95

14 percent of industry, currently comply with the Fed15 eral Water Pollution Control Act. Despite this costly

sacrifice, and high compliance rate, at least 1 16 ⁄3 of

17 the Nation’s waters have not attained water quality

18 standards.

19 (3) The major cause of this failure are nonpoint

20 sources of pollution: the neglected legacy and unfin21 ished agenda set forth in 1972 in the Federal Water

22 Pollution Control Act.

23 (4) It is time to complete the task set forth in

24 1972.
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1 (5) Nonpoint sources are best addressed on a

2 watershed basis by State and local and public and

3 private organizations and by citizens. The Federal

4 Government is a contributor, and must accept its

5 share of responsibility, but the prime authority and

6 most effective means are the province of State and

7 local entities. The Federal Government’s financial,

8 technical, and human resources must be harnessed

9 to assist in this effort.

10 (6) The right to private action on private land

11 is circumscribed by the responsibility not to destroy

12 natural resources which are the heritage of all Amer13 icans. Pollution of the Nation’s waters is not a right,

14 inviolate; nor is it free. Private pollution imposes

15 heavy public costs; denies rights, in terms of human

16 and aquatic health, clean water for industry, and

17 recreation; and impoverishes the enjoyment of these

18 rights by future generations.

19 (7) Section 319 of the Federal Water Pollution

20 Control Act, the Coastal Zone Act Reauthorization

21 Amendments of 1990, and the water quality pro22 grams of the Department of Agriculture have laid
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1 the basis for and offer the supporting means to con2 trol and prevent nonpoint sources of pollution. Fur3 ther legislation and resources are necessary to com4 plete the task in a timely fashion.

5 (8) To the extent the Federal Government con6 tinues to contribute financially to the water pollution

7 control effort, those resources should be divided be8 tween point and nonpoint sources on a basis com9 mensurate with each aspect of the problem.

10 (c) PURPOSES.—The purposes of this Act are—

11 (1) to prevent where possible, and reduce else12 where, nonpoint sources of pollution which, 2 dec13 ades after enactment of the Federal Water Pollution

14 Control Act, are the major cause of the degradation

15 of the Nation’s waters;

16 (2) to control and eliminate nonpoint sources of

17 pollution on Federal lands by creating a Federal

18 program and placing it directly under the President;

19 (3) to provide State and, to the extent possible,

20 local government and nongovernmental entities with

21 the means and responsibility for preventing nonpoint

22 source pollution within their jurisdictions;

23 (4) to encourage and reward compliance by will24 ing land owners and operators, while assuring that

25 they will not suffer competitive disadvantages from
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1 those who refuse to comply with sound pollution pre2 vention practices;

3 (5) to enable citizens to participate more di4 rectly in cleansing the Nation’s waters by providing

5 individual land owners and operators and other citi6 zens of a watershed the opportunity to participate in

7 designing their watershed implementation program

8 and through establishment of quality-assured citizen

9 monitoring programs to complement on-going State

10 monitoring efforts;

11 (6) to address water quality problems on a wa12 tershed basis; and

13 (7) to assure and enhance the health and well14 being of current and future generations of citizens,

15 business and industry, as well as the natural flow,

16 habitat structure, and biodiversity of the full range

17 of aquatic ecosystems.

18 TITLE I—NONPOINT SOURCE

19 MANAGEMENT PROGRAMS

20 SEC. 101. REVISION OF STATE NONPOINT SOURCE MANAGE21 MENT PROGRAMS.

22 Title III of the Federal Water Pollution Control Act

23 (33 U.S.C. 1311–1330) is amended by adding at the end

24 the following new section:
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1 ‘‘SEC. 321. REVISION OF NONPOINT SOURCE MANAGEMENT

2 PROGRAMS.

3 ‘‘(a) IN GENERAL.—The Governor of each State

4 shall, in accordance with the requirements of this section,

5 revise the management program of the State under section

6 319 for the purpose of achieving, in combination with con7 trols over point sources, full restoration and protection of

8 each target watershed in the State.

9 ‘‘(b) REGULATIONS.—Not later than 1 year after the

10 date of the enactment of this section, the Administrator

11 shall issue regulations and guidelines to carry out this sec12 tion.

13 ‘‘(c) IDENTIFICATION AND PRIORITIZATION OF TAR14 GET WATERSHEDS; NOTICE TO LAND OWNERS.—Not

15 later than 180 days after the date of issuance of regula16 tions under subsection (b), the Governor of each State

17 shall complete the following:

18 ‘‘(1) Identify target watersheds in the State.

19 ‘‘(2) Prioritize target watersheds in the State

20 into 5 priority groups (each consisting of approximately 1 21 ⁄5 of the target watersheds) on the basis of

22 the relative severity of nonpoint source pollution

23 problems in the target watersheds and other relevant
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1 considerations. In prioritizing such target water2 sheds, the Governor may distribute among the prior3 ity groups those watersheds which have been most

4 severely impacted by nonpoint sources.

5 ‘‘(3) Provide notice to land owners and opera6 tors designated by the State pursuant to subsection

7 (d)(2)(B) in 1st priority group watersheds that such

8 land owners and operators will be required to imple9 ment site-level programs.

10 ‘‘(d) REQUIRED REVISIONS.—

11 ‘‘(1) IN GENERAL.—The Governor of each

12 State, for that State or in combination with adjacent

13 States, shall, not later than 2 years after the date

14 of issuance of regulations under subsection (b), and

15 after notice and public comment, prepare and sub16 mit to the Administrator for approval revisions to

17 the management program of the State.

18 ‘‘(2) CONTENTS.—As revised under this sub19 section, the management program of a State shall,

20 at a minimum, contain the following:

21 ‘‘(A) LISTING OF TARGET WATERSHEDS.—

22 A listing of target watersheds in the State by

23 priority group, as identified pursuant to sub24 section (c).
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1 ‘‘(B) SITE-LEVEL IMPLEMENTATION PRO2 GRAM.—An identification of a program under

3 which the State will require land owners and

4 operators located in target watersheds to de5 velop and implement site-level programs and

6 will apply enforceable mechanisms in all cases

7 in which land owners and operators fail to de8 velop and implement such programs. Such iden9 tification shall include—

10 ‘‘(i) a description of methods used by

11 the State to designate land owners and op12 erators who will be required by the State

13 to implement site-level programs;

14 ‘‘(ii) a description of procedures to be

15 used by the State to approve or disapprove

16 site-level programs;

17 ‘‘(iii) a description of basic soil tests

18 and nutrient balance assessments which

19 the State will require land owners and op20 erators to conduct on agricultural lands to

21 ensure that crop nutrient availability on

22 such lands does not exceed levels rec23 ommended by cooperative extension agron24 omy manuals of the Department of Agri25 culture;
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1 ‘‘(iv) a description of monitoring tech2 niques which will be used by the State to

3 assess the success of site-level programs;

4 and

5 ‘‘(v) a description of enforceable

6 mechanisms which will be used by the

7 State to achieve compliance with the re8 quirements of the program.

9 ‘‘(C) IDENTIFICATION OF MONITORING

10 TECHNIQUES.—An identification of monitoring

11 techniques which will be used by the State to

12 assess the success of implementation of the

13 management program. Such monitoring tech14 niques shall include random on-site inspections

15 and in situ water quality monitoring of most

16 sensitive native and introduced fish species.

17 ‘‘(D) PROCEDURES FOR IDENTIFYING NEW

18 SOURCES.—Procedures and authority for identi19 fying and preventing new nonpoint sources of

20 pollution resulting from land use changes. Such

21 procedures shall be consistent with regulations

22 issued pursuant to section 304(n).

23 ‘‘(E) PROCEDURES FOR ADDING

24 SOURCES.—Procedures for adding categories
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1 and subcategories of nonpoint sources of pollu2 tion and particular nonpoint sources of pollu3 tion to the categories, subcategories, and

4 nonpoint sources designated under section

5 319(a)(1)(B) in order to reflect information ob6 tained through monitoring.

7 ‘‘(F) WATERSHED IMPLEMENTATION PRO8 GRAM FOR 1ST PRIORITY GROUP WATER9 SHEDS.—A program for implementation of the

10 management program in 1st priority group wa11 tersheds identified under subsection (c). Such

12 program shall comply with the requirements for

13 such program contained in subsection (e).

14 ‘‘(G) PROCEDURES FOR ADDING WATER15 SHEDS.—Procedures for adding watersheds to

16 the target watersheds and priority groups iden17 tified under subsection (c) in order to reflect

18 changes in water quality standards, changes in

19 land uses, and information obtained through

20 monitoring.

21 ‘‘(H) RECERTIFICATION.—A recertification

22 under section 319(b)(2)(D) of the authority of

23 the State to implement the management pro24 gram, as revised under this subsection, or a
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1 schedule and commitment by the State to seek

2 such authority.

3 ‘‘(I) SOURCES OF ASSISTANCE.—An up4 date of sources and other assistance listed pur5 suant to section 319(b)(2)(E).

6 ‘‘(J) OTHER REVISIONS.—Such other revi7 sions as the Administrator may require.

8 ‘‘(3) DESIGNATION OF LAND OWNERS AND OP9 ERATORS.—

10 ‘‘(A) IN GENERAL.—Except as provided by

11 subparagraphs (B), (C), and (D), all land own12 ers and operators in target watersheds who con13 duct nonpoint source activities identified under

14 section 319(a)(1)(B), or who conduct other

15 nonpoint source activities identified by the

16 State as causing or contributing to the overall

17 degradation of a target watershed, shall be des18 ignated to implement site-level programs pursu19 ant to paragraph (2)(B).

20 ‘‘(B) LAND OWNERS AND OPERATORS PAR21 TICIPATING IN QUALIFIED PROGRAMS.—

22 ‘‘(i) IN GENERAL.—A land owner or

23 operator participating in and complying

24 with the requirements of a qualified pro25 gram shall be treated as having satisfied
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1 the requirements for implementation of a

2 site-level program under paragraph (2)(B)

3 with respect to pollutants and land areas

4 regulated under the qualified program.

5 ‘‘(ii) QUALIFIED PROGRAM DE6 FINED.—For the purposes of clause (i),

7 the term ‘qualified program’ means any of

8 the following:

9 ‘‘(I) The Conservation Reserve

10 Program established under section

11 1231 of the Food Security Act of

12 1985.

13 ‘‘(II) The Agriculture Water

14 Quality Protection Program estab15 lished under section 1238B of the

16 Food Security Act of 1985.

17 ‘‘(III) The Integrated Farm

18 Management Program Option estab19 lished under section 1451 of the

20 Food, Agriculture, Conservation, and

21 Trade Act of 1990.

22 ‘‘(IV) The Organic Certification

23 Program under title XXI of the Food,

24 Agriculture, Conservation, and Trade

25 Act of 1990.
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1 ‘‘(V) The Coastal Zone Reauthor2 ization Amendments of 1990.

3 ‘‘(iii) FINANCIAL ASSISTANCE NOT RE4 QUIRED.—For the purposes of this sub5 paragraph, a land owner or operator shall

6 be considered to be participating in and

7 complying with the requirements of a

8 qualified program, whether or not the land

9 owner or operator is receiving financial as10 sistance under such program, if the spon11 soring agency provides certification with

12 respect to such compliance.

13 ‘‘(C) EXEMPTIONS FOR CATEGORIES AND

14 SUBCATEGORIES OF LAND OWNERS AND OPERA15 TORS.—A State may exempt a category or sub16 category of land owners and operators from re17 quirements for implementation of site-level pro18 grams under paragraph (2)(B) if the State de19 termines that such category or subcategory of

20 land owners and operators does not cause or

21 contribute significantly to the overall degrada22 tion of the target watershed.

23 ‘‘(D) EXEMPTIONS FOR SEVERE ECONOMIC

24 HARDSHIP.—A State may exempt a land owner
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1 or operator from requirements for implementa2 tion of a site-level program under paragraph

3 (2)(B) if the land owner or operator can dem4 onstrate severe economic hardship. Any such

5 demonstration shall include written loan denials

6 from at least 2 credit sources, including, in the

7 case of farm owners and operators, the Farm8 ers Home Administration. Any exception issued

9 under this subparagraph shall not apply with

10 respect to requirements to implement low cost

11 management practices for which major capital

12 outlays are not required.

13 ‘‘(E) ADEQUACY OF COVERAGE.—In grant14 ing exemptions to land owners and operators

15 under subparagraphs (C) and (D), a State shall

16 ensure that implementation of management

17 measures by land owners and operators in the

18 watershed will be sufficient to achieve full res19 toration and protection of the watershed in the

20 applicable 8-year period specified in subsection

21 (e)(2).

22 ‘‘(4) SOURCES OF ASSISTANCE.—In providing

23 notification to land owners and operators who will be

24 required to implement site-level programs pursuant
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1 to paragraph (2)(B), a State shall specify proce2 dures for obtaining State approval of site-level pro3 grams and shall identify Federal, State, and local

4 sources of technical assistance, education, and other

5 support for the development and implementation of

6 such programs.

7 ‘‘(5) COOPERATION REQUIREMENT.—Revisions

8 to the management program of a State to be submit9 ted under paragraph (1) shall be developed in co10 operation with local, substate regional, Federal, and

11 interstate entities, including local natural resource

12 conservation districts, as well as with other public

13 and private entities which have expertise in the con14 trol and prevention of nonpoint sources of pollution.

15 ‘‘(6) LIMITATION ON STATUTORY CONSTRUC16 TION.—Nothing in this subsection shall be construed

17 to preclude a State from adopting or enforcing

18 stricter standards than those contained in a revised

19 management program.

20 ‘‘(e) WATERSHED IMPLEMENTATION PROGRAMS.—

21 ‘‘(1) IN GENERAL.—In addition to the revisions

22 required under subsection (d), the Governor of each

23 State shall, in accordance with the schedule estab24 lished by paragraph (6), and after notice and public

25 comment, submit to the Administrator for approval
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1 a program for implementation of the management

2 program of the State in each target watershed iden3 tified by the State under subsection (c).

4 ‘‘(2) FULL RESTORATION AND PROTECTION.—

5 It shall be the purpose of each implementation pro6 gram for a target watershed submitted under para7 graph (1) to achieve full restoration and protection

8 of the watershed before the expiration of the 8-year

9 period beginning on the date of approval of the im10 plementation program.

11 ‘‘(3) WATERSHED MANAGEMENT CON12 FERENCES.—

13 ‘‘(A) IN GENERAL.—Each implementation

14 program for a target watershed submitted

15 under paragraph (1) shall be developed in con16 sultation with a watershed management con17 ference to be convened by the Governor.

18 ‘‘(B) MEMBERSHIP.—In convening a wa19 tershed management conference under this

20 paragraph, the Governor shall ensure that

21 members of the conference include representa22 tives of the following:

23 ‘‘(i) Categories and subcategories of

24 nonpoint sources.
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1 ‘‘(ii) Categories and subcategories of

2 point sources, including publicly owned

3 treatment works.

4 ‘‘(iii) Categories of significant water

5 users, including public water suppliers.

6 ‘‘(iv) Appropriate Federal, State, and

7 local agencies.

8 ‘‘(v) The environmental community.

9 ‘‘(vi) The scientific community.

10 ‘‘(vii) Tribal councils, in cases in

11 which target watersheds include tribal

12 lands.

13 ‘‘(viii) Other interested parties.

14 ‘‘(C) ROLE OF EXISTING ORGANIZA15 TIONS.—In cases in which there exists a water16 shed council or river basin management com17 mission with a decisionmaking body containing

18 representatives described in subparagraph (B),

19 such watershed council or river basin manage20 ment commission may carry out the functions

21 of a watershed management conference under

22 this paragraph.

23 ‘‘(4) CONTENTS.—Each implementation pro24 gram for a target watershed submitted under para25 graph (1) shall include the following:
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1 ‘‘(A) LISTING OF CATEGORIES OF LAND

2 OWNERS AND OPERATORS.—A listing of cat3 egories of land owners and operators designated

4 by the State pursuant to subsection (d)(2)(B)

5 to implement site-level programs and a descrip6 tion of the relative contribution which each such

7 category of land owners and operators is ex8 pected to make toward achieving full restoration

9 and protection.

10 ‘‘(B) CERTIFICATION.—A certification

11 that, on or before the date of submission of the

12 implementation program, land owners and oper13 ators in categories listed pursuant to subpara14 graph (A) have developed site-level programs,

15 have received State approval to implement such

16 site-level programs, and will begin implementa17 tion of such site-level programs immediately

18 upon approval of the implementation program

19 and that the State will apply enforceable mech20 anisms in all cases in which land owners and

21 operators have not complied with such require22 ments.

23 ‘‘(C) IDENTIFICATION OF PROGRAMS.—An

24 identification of all programs which will be car25 ried out by the State to achieve and evaluate
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1 implementation of management measures in the

2 watershed, including the program required by

3 subsection (d)(2)(B), any program identified

4 pursuant to section 319(b)(2)(B), and any

5 monitoring program under section 305(b).

6 ‘‘(D) POLITICAL SUBDIVISIONS.—An iden7 tification of political subdivisions and other

8 public and private entities which will work with

9 the State to carry out the implementation pro10 gram.

11 ‘‘(E) SOURCES OF ASSISTANCE.—Sources

12 of assistance, other than assistance provided

13 under section 319, which are available to the

14 State for carrying out the implementation pro15 gram and the purposes for which such assist16 ance will be used.

17 ‘‘(F) ANNUAL MILESTONES.—Annual mile18 stones for achieving full restoration and protec19 tion of the watershed.

20 ‘‘(5) SCHEDULE FOR SUBMISSION OF IMPLE21 MENTATION PROGRAMS.—The Governor of each

22 State shall submit a watershed implementation pro23 gram under paragraph (1) for each target watershed

24 in a priority group identified under subsection (c) in

25 accordance with the following schedule:
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‘‘For each target watershed

in the following priority

group of the State:

An implementation program

shall be submitted:

1st priority group .......................... As part of revisions to the State’s

management program under subsection (d).

2nd priority group ......................... Not later than 11⁄2 years after the

date of approval of revisions of the

State’s management program.

3rd priority group .......................... Not later than 21⁄2 years after the

date of approval of revisions to the

State’s management program.

4th priority group .......................... Not later than 31⁄2 years after the

date of approval of revisions to the

State’s management program.

5th priority group .......................... Not later than 41⁄2 years after the

date of approval of revisions to the

State’s management program.

1 ‘‘(6) SCHEDULE FOR NOTIFICATION OF LAND

2 OWNERS AND OPERATORS.—The Governor of each

3 State shall notify land owners and operators des4 ignated by the State to implement site-level pro5 grams pursuant to subsection (d)(2)(B) in accord6 ance with the following schedule:

‘‘For each target watershed

in the following priority

group of the State:

Land owners and operators

shall be notified:

1st priority group .......................... As provided by subsection (c).

2nd priority group ......................... Not later than 6 months after the

date of approval of revisions to the

State’s management program.

3rd priority group .......................... Not later than 11⁄2 years after the

date of approval of revisions to the

State’s management program.

4th priority group .......................... Not later than 21⁄2 years after the

date of approval of revisions to the

State’s management program.

5th priority group .......................... Not later than 31⁄2 years after the

date of approval of revisions to the

State’s management program.

7 ‘‘(f) APPROVAL AND DISAPPROVAL OF PROGRAMS.—

8 ‘‘(1) IN GENERAL.—Revisions to the manage9 ment program of a State under subsection (d) and
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1 each implementation program for a target watershed

2 under subsection (e) shall be submitted to, and ap3 proved or disapproved by, the Administrator in ac4 cordance with the procedures described in section

5 319(d).

6 ‘‘(2) LOCAL AGENCIES AND ORGANIZATIONS.—

7 A local public agency or organization shall be eligible

8 for technical and financial assistance under section

9 319(e) in any case in which a State fails to submit

10 revisions to the management program of the State

11 under subsection (d) (or the Administrator does not

12 approve such revisions) and in any case in which a

13 State fails to submit an implementation program for

14 a target watershed under subsection (e) (or the Ad15 ministrator does not approve such implementation

16 program).

17 ‘‘(3) PREPARATION OF PROGRAMS BY EPA.—

18 The Administrator shall prepare revisions to the

19 management program of a State and shall prepare

20 an implementation program for a target watershed

21 in a State in any case in which such revisions or im22 plementation program are not prepared by the State

23 or by a local public agency or organization in the

24 State in accordance with the requirements of this

25 section.
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1 ‘‘(g) ELIGIBILITY FOR GRANTS FOR IMPLEMENTA2 TION OF MANAGEMENT PROGRAMS.—

3 ‘‘(1) IN GENERAL.—Except as provided by

4 paragraph (2), no grant shall be made to a State

5 under section 319(h) in any fiscal year unless the

6 Administrator determines that the State in the pre7 vious fiscal year—

8 ‘‘(A) complied with all applicable require9 ments contained in this section, including re10 quirements relating to identification and

11 prioritization of target watersheds, notification

12 of land owners and operators, submission of re13 vised management programs, submission of im14 plementation programs, use of enforceable

15 mechanisms, and implementation of additional

16 management measures; and

17 ‘‘(B) made satisfactory progress in meeting

18 annual milestones for achieving full restoration

19 and protection of each target watershed in the

20 State under the implementation program for

21 such watershed developed under subsection (e).

22 ‘‘(2) SPECIAL RULE.—If the Administrator de23 termines under paragraph (1) that a State has met

24 the requirements described in such paragraph only

25 with respect to certain watersheds in the State, the
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1 Administrator may make a grant to the State under

2 section 319(h) to assist the State in implementing

3 its management program in such watersheds.

4 ‘‘(3) MONITORING.—The Administrator shall

5 make determinations regarding satisfactory progress

6 under paragraph (1)(B) on the basis of certifications

7 made by each State as to the results of monitoring

8 activities being conducted by the State.

9 ‘‘(h) PENALTIES.—

10 ‘‘(1) IN GENERAL.—Immediately upon a deter11 mination by the Administrator under subsection

12 (g)(1) that a State has not met the requirements of

13 this section, and until such time as the Adminis14 trator determines otherwise, the following restric15 tions shall apply with respect to the State:

16 ‘‘(A) The Administrator or the State (in

17 the case of an approved permit program under

18 section 402) shall not approve any application

19 for a new permit under section 402 and shall

20 not allow any increase in discharges covered

21 under existing permits under section 402.

22 ‘‘(B) The Secretary of the Army or a State

23 (in the case of an approved permit program

24 under section 404) shall not approve any appli25 cation for a new permit under section 404 and
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1 shall not allow any increase in discharges cov2 ered under existing permits under section 404.

3 ‘‘(2) SPECIAL RULE.—If the Administrator de4 termines under subsection (g)(1) that a State has

5 met the requirements described in such subsection

6 with respect to certain watersheds in the State, the

7 restrictions described in paragraph (1) shall not

8 apply with respect to such watersheds.

9 ‘‘(3) APPLICATION FOR NEW PERMIT DE10 FINED.—For the purposes of this subsection, the

11 term ‘application for a new permit’ shall not include

12 an application to renew an existing permit.

13 ‘‘(i) ADDITIONAL MEASURES.—If the Governor of a

14 State determines, upon the expiration of the 8-year period

15 beginning on the date of approval of an implementation

16 program for a target watershed submitted under sub17 section (e), that full restoration and protection of the tar18 get watershed has not been achieved, the Governor shall,

19 in each succeeding 2-year period, take either or both of

20 the following actions to ensure that full restoration and

21 protection is achieved before the expiration of the 12-year

22 period beginning on such date:
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1 ‘‘(A) Require land owners and operators who

2 have implemented site-level programs and land own3 ers and operators participating in qualified pro4 grams, as defined in subsection (d)(3)(B), in the

5 target watershed to undertake additional manage6 ment measures under such programs.

7 ‘‘(B) Require additional land owners and opera8 tors (including, as necessary, land owners and opera9 tors participating in qualified programs, as defined

10 in subsection (d)(3)(B)) in the target watershed to

11 implement site-level programs.

12 ‘‘(j) ENFORCEMENT OF WATER QUALITY STAND13 ARDS.—

14 ‘‘(1) IN GENERAL.—Except as provided by

15 paragraph (2), following the expiration of the 8-year

16 period beginning on the date of approval of an im17 plementation program for a target watershed sub18 mitted under subsection (e) water quality standards

19 shall be enforceable against nonpoint sources of pol20 lution in such watershed.

21 ‘‘(2) EXCEPTIONS.—In the 4-year period follow22 ing the expiration of the 8-year period referred to in

23 paragraph (1), a land owner or operator complying

24 with the requirements of—
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1 ‘‘(A) a permit issued pursuant to section

2 402,

3 ‘‘(B) a site-level program implemented

4 under this section,

5 ‘‘(C) a water quality protection plan imple6 mented under section 1238B of the Food Secu7 rity Act of 1985,

8 ‘‘(D) an integrated farm management plan

9 implemented under section 1451(b)(1)(C) of the

10 Food, Agriculture, Conservation, and Trade Act

11 of 1990,

12 ‘‘(E) an enforceable coastal nonpoint man13 agement plan approved under section 6217 of

14 the Coastal Zone Act Reauthorization Amend15 ments of 1990, or

16 ‘‘(F) regulations issued pursuant to section

17 319(o), shall not be subject to any penalty for

18 violation of water quality standards with respect

19 to nonpoint source pollutants and land areas

20 regulated under such requirements.

21 ‘‘(k) CONTINUED MONITORING.—Upon achievement

22 of full restoration and protection of a target watershed

23 in a State, the Governor shall continue to monitor the wa24 tershed to assure that full restoration and protection is

25 maintained.
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1 ‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing contained in this section shall be construed to

3 limit the authority or responsibility of the Administrator

4 or a State to develop and enforce total maximum daily

5 loads under section 303(d).

6 ‘‘(m) DEFINITIONS.—For the purposes of this section

7 and section 319, the following definitions apply:

8 ‘‘(1) ENFORCEABLE MECHANISMS.—The term

9 ‘enforceable mechanisms’ means State and local

10 measures which are legally binding through constitu11 tional provisions, laws, regulations, local land use

12 plans, ordinances, judicial or administrative deci13 sions, permits, contracts, or other means by which a

14 State or political subdivision requires compliance

15 with the provisions of this section.

16 ‘‘(2) FULL RESTORATION AND PROTECTION.—

17 The term ‘full restoration and protection’ means—

18 ‘‘(A) attainment and maintenance of all

19 applicable water quality standards;

20 ‘‘(B) protection and propagation of a bal21 anced, indigenous population of aquatic and

22 aquatic-dependent species, aquatic ecosystem

23 biodiversity, and habitat restoration and main24 tenance;

25 ‘‘(C) protection of public health;
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1 ‘‘(D) restoration and maintenance of rec2 reational activities in and on the water; and

3 ‘‘(E) protection of underwater sediments

4 through pollution prevention activities.

5 ‘‘(3) INDIGENOUS.—The term ‘indigenous’ in6 cludes established populations of introduced, bene7 ficial species.

8 ‘‘(4) MANAGEMENT MEASURES.—The term

9 ‘management measures’ means economically achiev10 able measures for control of the addition of pollut11 ants from existing and new categories and classes of

12 nonpoint sources of pollution which reflect the great13 est degree of pollutant reduction achievable through

14 the application of the best available nonpoint pollu15 tion control methods, technologies, processes, siting

16 criteria, operating methods, or other alternatives.

17 Such term shall include—

18 ‘‘(A) measures specified in guidance issued

19 pursuant to section 6217(g) of the Coastal

20 Zone Act Reauthorization Amendments of

21 1990;

22 ‘‘(B) water quality protection practices

23 contained in guidance materials for water qual24 ity protection developed pursuant to section

25 1238D of the Food Security Act of 1985 and
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1 farming operations and practices developed pur2 suant to section 1451 of the Food, Agriculture,

3 Conservation, and Trade Act of 1990; and

4 ‘‘(C) other measures or comprehensive

5 management plans that assure at least as much

6 water quality protection as the measures and

7 practices specified in subparagraphs (A) and

8 (B).

9 ‘‘(5) MANAGEMENT PROGRAM.—The term

10 ‘management program’ means a nonpoint source

11 management program prepared under section 319.

12 ‘‘(6) SITE-LEVEL PROGRAM.—The term ‘site13 level program’ means a program developed by a land

14 owner or operator under regulations or guidelines is15 sued by a State which provides for the implementa16 tion of management measures by the land owner or

17 operator. Site-level programs in high-density popu18 lation areas may be developed, as determined by the

19 State, by a political subdivision of the State. Site20 level programs shall be developed and implemented

21 to be consistent with, and collectively to enable, the

22 attainment and maintenance of full restoration and

23 protection for the watershed.

24 ‘‘(7) TARGET WATERSHEDS.—The term ‘target

25 watersheds’ means all watersheds in a State which
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1 have been identified as being impaired or threatened

2 in whole or in part by nonpoint sources of pollution

3 under section 319(a)(1), section 304(l), or section

4 305(b) and all watersheds in the State containing

5 drinking water supplies vulnerable to use impair6 ment and not otherwise included in such identifica7 tions.’’.

8 SEC. 102. GRANTS.

9 (a) GRANT PROGRAM.—Section 319(h) of the Fed10 eral Water Pollution Control Act (33 U.S.C. 1329(h)) is

11 amended—

12 (1) in paragraph (1) by inserting ‘‘and for

13 which the Administrator makes an affirmative deter14 mination under section 321(g),’’ after the first

15 comma;

16 (2) in paragraph (2) by striking ‘‘, including an

17 identification’’ and all that follows before the period;

18 (3) by striking paragraphs (5) and (8) and re19 designating paragraphs (6), (7), (9), (10), (11), and

20 (12) as paragraphs (5), (6), (7), (8), (9), and (10),

21 respectively;

22 (4) in paragraph (9), as redesignated, by strik23 ing ‘‘(A) its progress’’ and all that follows before the

24 period and inserting ‘‘its progress in obtaining full
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1 restoration and protection of target watersheds in

2 the State’’; and

3 (5) in paragraph (10), as redesignated, by

4 striking ‘‘10 percent of the amount of the grant in

5 such year’’ and inserting ‘‘20 percent of the amount

6 of the grant in such year or $200,000, whichever

7 amount is greater, ’’.

8 (b) GRANTS FOR PROTECTING GROUNDWATER

9 QUALITY.—Paragraph (1) of section 319(i) is amended by

10 inserting ‘‘and for which the Administrator makes an af11 firmative determination under section 321(g),’’ after the

12 first comma.

13 SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

14 Section 319(j) of the Federal Water Pollution Control

15 Act (33 U.S.C. 1329(j)) is amended—

16 (1) by striking ‘‘and’’ after ‘‘1990,’’; and

17 (2) by inserting ‘‘, and $500,000,000 per fiscal

18 year for each of fiscal years 1997, 1998, 1999,

19 2000, and 2001’’ after ‘‘1991’’.

20 SEC. 104. REPORTS.

21 Section 319(m) of the Federal Water Pollution Con22 trol Act (33 U.S.C. 1329(m)) is amended to read as fol23 lows:

24 ‘‘(m) REPORTS TO CONGRESS.—The Administrator

25 shall transmit to Congress on the date that is 4 years after
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1 the date of approval of the first watershed implementation

2 program approved pursuant to section 321(e), and at least

3 once every 4 years thereafter, a report containing an eval4 uation of the progress made by States in obtaining full

5 restoration and protection of target watersheds.’’.

6 SEC. 105. INDIAN TRIBES.

7 (a) SET-ASIDE FOR NONPOINT SOURCE PRO8 GRAMS.—The second sentence of section 518(f) of the

9 Federal Water Pollution Control Act (33 U.S.C. 1377(f))

10 is amended to read as follows: ‘‘Not less than 5 percent

11 of the amount appropriated for any fiscal year under sec12 tion 319 shall be used to make grants under this sub13 section.’’.

14 (b) TECHNICAL CORRECTION.—The third sentence of

15 section 518(f) of such Act is amended by striking ‘‘sub16 section (d)’’ and inserting ‘‘subsection (e)’’.

17 SEC. 106. MANAGEMENT MEASURES FOR NONPOINT

18 SOURCES OF POLLUTION IN NON-COASTAL

19 AREAS.

20 Not later than 1 year after the date of the enactment

21 of this Act, the Administrator of the Environmental Pro22 tection Agency shall publish modifications to guidance for

23 specifying management measures for sources of nonpoint

24 pollution issued pursuant to section 6217(g) of the Coastal

25 Zone Act Reauthorization Amendments of 1990 (104
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1 Stat. 1388–317) in order to extend the application of such

2 guidance to non-coastal areas.

3 TITLE II—NONPOINT SOURCE

4 PREVENTION ON FEDERAL

5 LANDS

6 SEC. 201. REGULATION OF NONPOINT SOURCE POLLUTION

7 ON FEDERAL LANDS.

8 Section 319 of the Federal Water Pollution Control

9 Act (33 U.S.C. 1329) is amended by adding at the end

10 the following new subsection:

11 ‘‘(o) FEDERAL LANDS MANAGEMENT PROGRAM.—

12 ‘‘(1) REGULATIONS.—Not later than 2 years

13 after the date of the enactment of this subsection,

14 the President shall issue regulations for the preven15 tion and control of nonpoint sources of pollution on

16 all lands owned or managed by the Federal Govern17 ment.

18 ‘‘(2) CONTENTS.—Regulations issued under

19 paragraph (1) shall require random, periodic on-site

20 and in situ monitoring by the Director of the Geo21 logical Survey and the reporting of the results of

22 such monitoring to the Administrator. Such regula23 tions shall also require implementation of measures

24 adequate to attain full restoration and protection of

25 affected watersheds as soon as practicable but in no
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1 event later than 8 years after the date of issuance

2 of such regulations. For the purposes of this para3 graph, the term ‘full restoration and protection’ has

4 the meaning given such term in section 321.

5 ‘‘(3) EFFECTIVE DATE.—Final regulations is6 sued under paragraph (1) shall take effect not later

7 than 1 year after the date of issuance of the regula8 tions.

9 ‘‘(4) REVISION OF EXISTING LICENSES.—Any

10 license, permit, contract, special use permit, lease,

11 agreement, claim, or related operational authority, in

12 effect before the date of issuance of final regulations

13 under paragraph (1), between a Federal agency and

14 any person authorizing activities on Federal lands

15 shall be revised, as necessary, to comply with the re16 quirements of such regulations.

17 ‘‘(5) LIMITATION ON STATUTORY CONSTRUC18 TION.—Nothing in this subsection shall be construed

19 to limit the authority of a State or the President to

20 require the implementation of such additional con21 trols over nonpoint sources of pollution on lands

22 owned or managed by the Federal Government as

23 may be necessary to protect public health and to at24 tain and maintain water quality standards adopted
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1 pursuant to section 303, antidegradation require2 ments, and other requirements of this Act.’’.

3 SEC. 202. HIGHWAY CONSTRUCTION.

4 Section 319 of the Federal Water Pollution Control

5 Act (33 U.S.C. 1329) is further amended by adding at

6 the end the following new subsection:

7 ‘‘(p) HIGHWAY CONSTRUCTION.—

8 ‘‘(1) DEVELOPMENT OF MEASURES AND PRAC9 TICES.—The President shall develop and publish

10 measures and practices to prevent pollution resulting

11 from federally assisted highway construction projects

12 and shall promote the implementation of such meas13 ures and practices. Such measures and practices

14 shall include guidance requiring the location and de15 sign of federally-assisted highways to be fully protec16 tive of water quality and aquatic habitat.

17 ‘‘(2) EROSION CONTROL GUIDELINES.—Erosion

18 control guidelines developed by the Secretary of

19 Transportation under section 1057 of the Inter20 modal Surface Transportation Efficiency Act of

21 1991 shall, at a minimum, require the implementa22 tion of the measures and practices developed under

23 paragraph (1) in the case of any construction project

24 authorized under chapter 1 of title 23, United States

25 Code.
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1 ‘‘(3) APPROVAL OF HIGHWAY PROJECTS.—The

2 Secretary of Transportation shall not approve under

3 section 106 of title 23, United States Code, any sur4 vey, plan, specification, or estimate for a proposed

5 highway project unless the Secretary determines that

6 the project will be constructed in accordance with

7 the requirements contained in the erosion control

8 guidelines referred to in paragraph (2).’’.

9 SEC. 203. AGRICULTURAL PROGRAM COORDINATION.

10 Section 319 of the Federal Water Pollution Control

11 Act (33 U.S.C. 1329) is further amended by adding at

12 the end the following new subsection:

13 ‘‘(q) AGRICULTURAL PROGRAM COORDINATION.—

14 ‘‘(1) REPORT.—Not later than 1 year after the

15 date of the enactment of this subsection, the Admin16 istrator, in consultation with the Secretary of Agri17 culture, shall transmit to Congress a report on—

18 ‘‘(A) the efficacy of programs to protect

19 water quality established under sections 1212,

20 1231, 1237, and 1238B of the Food Security

21 Act of 1985 and section 1451 of the Food, Ag22 riculture, Conservation, and Trade Act of 1990;

23 and
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1 ‘‘(B) barriers, if any, to prevention and

2 control of nonpoint sources of pollution created

3 by programs of the Department of Agriculture.

4 ‘‘(2) CONTENTS.—The report to be transmitted

5 under paragraph (1) shall, at a minimum, contain—

6 ‘‘(A) an estimate of reductions and antici7 pated reductions in water pollution from agri8 culture;

9 ‘‘(B) a description of participation in the

10 programs referred to in paragraph (1)(A), in11 cluding the number and acreage of farms en12 rolled in the programs;

13 ‘‘(C) recommendations for legislative and

14 administrative reforms to improve the effective15 ness of the programs referred to in paragraph

16 (1)(A); and

17 ‘‘(D) recommendations for legislative and

18 administrative reforms to remove any barriers

19 described in paragraph (1)(B).’’.
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1 TITLE III—WATER QUALITY

2 CRITERIA; STANDARDS;

3 ANTIDEGRADATION; NEW

4 SOURCES

5 SEC. 301. WATER QUALITY CRITERIA FOR EFFECTS OF

6 NONPOINT SOURCE POLLUTION.

7 (a) REVISION OF CRITERIA AND INFORMATION.—

8 Section 304(a) of the Federal Water Pollution Control Act

9 (33 U.S.C. 1314) is amended by adding at the end the

10 following new paragraph:

11 ‘‘(9) REVISION OF CRITERIA AND INFORMA12 TION.—

13 ‘‘(A) IN GENERAL.—Not later than 3 years

14 after the date of the enactment of this para15 graph, and at least once every 3 years there16 after, the Administrator shall revise criteria and

17 information developed under paragraphs (1)

18 and (2) in accordance with this paragraph and

19 publish such revisions.

20 ‘‘(B) REQUIREMENTS.—In making revi21 sions under subparagraph (A), the Adminis22 trator shall—
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1 ‘‘(i) consider the factors necessary to

2 restore and maintain the chemical, phys3 ical, and biological integrity of water bod4 ies;

5 ‘‘(ii) consider the factors necessary to

6 assure the protection and propagation of a

7 balanced, indigenous population of aquatic

8 and aquatic-dependent species, aquatic eco9 system biodiversity, and habitat mainte10 nance and provide for protection of public

11 health and for recreational activities in and

12 on the water;

13 ‘‘(iii) identify numerical pollutant con14 centration limits, where applicable, and

15 other numeric criteria for varying types of

16 waters which are sufficient to assure at17 tainment of all factors specified in clause

18 (ii); and

19 ‘‘(iv) identify numerical pollutant con20 centration limits (including, as appro21 priate, a limit of zero) and other numerical

22 criteria appropriate for varying types of re23 ceiving waters which are sufficient to as24 sure attainment of uses established by the

25 State.
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1 ‘‘(C) USE OF BIOLOGICAL MONITORING

2 AND ASSESSMENT METHODS.—In addition to

3 establishing a pollutant concentration limit in

4 accordance with subparagraph (B), or as an al5 ternative to establishing such a limit where a

6 pollutant concentration limit is not yet avail7 able, the Administrator may establish a biologi8 cal monitoring and assessment method for a

9 pollutant or nonpoint source effect if the meth10 od includes an objective and enforceable limit

11 expressed in numerical terms. Biocriteria shall

12 supplement and shall not supersede other cri13 teria, including numerical criteria.’’.

14 (b) INFORMATION ON PROTECTION OF WATER SUP15 PLIES.—

16 (1) CONTENT.—Section 304(a)(5)(A) of such

17 Act (33 U.S.C. 1314(a)(5)(A)) is amended by strik18 ing ‘‘for the protection of public water supplies’’ and

19 all that follows before the period and inserting ‘‘for

20 the protection of current and potential water sup21 plies and the protection and propagation of a bal22 anced, indigenous population of aquatic and aquatic23 dependent species, aquatic biodiversity, and habitat

24 maintenance and to allow for protection of public
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1 health and to allow for recreational activities in and

2 on the water’’.

3 (2) REVISIONS.—The Administrator shall revise

4 information published pursuant to section

5 304(a)(5)(A) of such Act in accordance with the

6 amendment made by paragraph (1).

7 (c) WATER QUALITY CRITERIA.—Section 304(a) of

8 such Act (33 U.S.C. 1314(a)) is amended by adding at

9 the end the following new paragraph:

10 ‘‘(10) WATER QUALITY CRITERIA PRIORITY.—

11 In developing and publishing criteria for water qual12 ity under paragraph (1), and in making revisions to

13 such criteria under paragraph (9), the Administrator

14 shall give priority to those chemical, physical, and

15 biological parameters associated with degradation of

16 water quality by nonpoint sources of pollution, in17 cluding—

18 ‘‘(A) total nitrogen, total phosphorus, and

19 other pollutants producing eutrophication ef20 fects in waterbodies;

21 ‘‘(B) pesticides in use in the United

22 States;

23 ‘‘(C) average annual sediment loads into

24 waterbodies that will prevent harmful effects on
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1 aquatic life and habitat from all sources of sedi2 ment, including agricultural, silvicultural, and

3 construction site runoff;

4 ‘‘(D) parameters defining the physical

5 structure of healthy aquatic habitat, including

6 natural streambed formations, streambank and

7 channel structure, and riparian vegetation;

8 ‘‘(E) parameters defining the protection,

9 improvement, and maintenance of flow regime

10 criteria for urban and urbanizing streams, in11 cluding flow regimes (including peak discharge

12 levels) and limits on the frequency of erosive

13 bankfull flooding events; and

14 ‘‘(F) any pollutant listed pursuant to sec15 tion 307(a)(1) for which no criteria are pub16 lished.’’.

17 SEC. 302. WATER QUALITY STANDARDS.

18 (a) NUMERICAL CRITERIA FOR NONPOINT

19 SOURCES.—Section 303(c)(2)(B) of the Federal Water

20 Pollution Control Act (33 U.S.C. 1313(c)(2)(B)) is

21 amended—

22 (1) in the first sentence by inserting ‘‘and all

23 nonpoint source pollutants’’ after ‘‘section 307(a)(1)

24 of this Act’’; and
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1 (2) by striking the second sentence and insert2 ing the following: ‘‘Such criteria shall be specific nu3 merical criteria for such toxic and nonpoint source

4 pollutants, including physical and hydrological pa5 rameters.’’.

6 (b) REQUIREMENT FOR WATER QUALITY STAND7 ARDS PROMULGATED BY EPA.—Section 303(c)(4) of such

8 Act is amended by adding at the end the following: ‘‘Any

9 water quality standard promulgated under this paragraph

10 shall be at least as protective as the criteria for water

11 quality developed under section 304(a)(1).’’.

12 SEC. 303. FEDERAL ANTIDEGRADATION REQUIREMENTS.

13 Section 303 of the Federal Water Pollution Control

14 Act (33 U.S.C. 1313) is amended by adding at the end

15 the following new subsection:

16 ‘‘(i) ANTIDEGRADATION REQUIREMENTS.—

17 ‘‘(1) REGULATIONS.—The Administrator shall

18 issue regulations which—

19 ‘‘(A) extend antidegradation policies and

20 plans that are protective of existing water qual21 ity and existing in-stream uses to apply to new

22 and existing sources of nonpoint source pollu23 tion in the same manner and to the same extent

24 that such policies and plans apply to point

25 sources of pollution; and
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1 ‘‘(B) extend antidegradation policies and

2 plans that are protective of both high quality

3 waters and outstanding national resource wa4 ters to apply to land use changes resulting in

5 new or increased nonpoint source pollution to

6 the same extent that such policies and plans

7 apply to point sources of pollution.

8 ‘‘(2) DEADLINES.—The Administrator shall—

9 ‘‘(A) issue proposed regulations under

10 paragraph (1) not later than 9 months after the

11 date of the enactment of this subsection; and

12 ‘‘(B) issue final regulations under para13 graph (1) not later than 12 months after the

14 date of the enactment of this subsection.’’.

15 SEC. 304. IDENTIFICATION OF NEW NONPOINT SOURCES OF

16 POLLUTION.

17 Section 304 of the Federal Water Pollution Control

18 Act (33 U.S.C. 1314) is amended by adding at the end

19 the following new subsection:

20 ‘‘(n) IDENTIFICATION OF NEW NONPOINT SOURCES

21 OF POLLUTION.—

22 ‘‘(1) GUIDANCE AND PROCEDURES.—Not later

23 than 1 year after the date of the enactment of this

24 subsection, the Administrator shall issue guidance

25 and adopt procedures—
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1 ‘‘(A) for identifying and recording new

2 land disturbances and alterations (including al3 terations and disturbances identified pursuant

4 to subsection (f)) which may generate, promote,

5 or increase pollution from nonpoint sources;

6 and

7 ‘‘(B) for ensuring that any new land dis8 turbances or alterations do not cause contraven9 tion of any applicable water quality or sediment

10 standard.

11 ‘‘(2) CONTENTS.—The guidance to be issued

12 under paragraph (1) shall contain—

13 ‘‘(A) requirements which ensure that in

14 cases in which land use changes result in new

15 sources of water pollution or in increased loads

16 of pollution from existing sources, land owners

17 and operators will (i) notify the State prior to

18 such land use changes, and (ii) install and im19 plement in full at the time of the land use

20 changes enhanced management measures ap21 propriate to the land use category;

22 ‘‘(B) requirements applicable to both pub23 licly and privately owned lands which ensure

24 that an antidegradation review will be con25 ducted concerning residual nonpoint sources of
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1 pollution that can be anticipated even after in2 stallation and implementation of enhanced man3 agement measures pursuant to subparagraph

4 (A); and

5 ‘‘(C) provisions specifying that failure to

6 fully implement such management measures at

7 the time of the land use changes will constitute

8 a violation of the State’s management program

9 under section 319, as revised pursuant to sec10 tion 321.

11 ‘‘(3) LAND DISTURBANCES AND ALTERATIONS

12 DEFINED.—For the purposes of this subsection, the

13 term ‘land disturbances and alterations’ shall not in14 clude disturbances and alterations attributed to nor15 mal farming and ranching activities such as plowing,

16 seeding, cultivating, or harvesting for the production

17 of food and fiber.

18 ‘‘(4) ENHANCED MANAGEMENT MEASURES DE19 FINED.—For the purposes of this subsection, the

20 term ‘enhanced management measures’ means meas21 ures designed to prevent generation of runoff, incor22 porating siting, design, and land use management

23 and resource extraction criteria that reflect the most

24 water-quality-sensitive practices available for the
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1 land use in question within the economic capacity of

2 the land owner or operator.’’.

3 TITLE IV—CITIZEN WATERSHED

4 MONITORING PROGRAM

5 SEC. 401. CITIZEN WATERSHED MONITORING PROGRAM.

6 Section 305 of the Federal Water Pollution Control

7 Act (33 U.S.C. 1315) is amended by adding at the end

8 the following new subsection:

9 ‘‘(c) CITIZEN WATERSHED MONITORING PRO10 GRAM.—

11 ‘‘(1) IN GENERAL.—Each State shall establish

12 and carry out a citizen watershed monitoring pro13 gram in accordance with the requirements of this

14 subsection.

15 ‘‘(2) IMPLEMENTATION.—A State may carry

16 out a citizen watershed monitoring program either

17 directly or by entering into cooperative agreements

18 or contracts with appropriate organizations, includ19 ing educational institutions.

20 ‘‘(3) PARTICIPATION.—Water quality monitor21 ing under a citizen watershed monitoring program

22 under paragraph (1) shall be conducted by program

23 participants with appropriate qualifications and
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1 training. Program participants may include stu2 dents, farmers, local labor organizations, natural re3 source conservation districts, environmental groups,

4 and other interested persons.

5 ‘‘(4) TRAINING.—A citizen watershed monitor6 ing program under paragraph (1) shall provide for

7 the training and evaluation of all program partici8 pants. Such training and evaluation shall be carried

9 out as a continuing component of the program in

10 order to ensure the reliability of data collected under

11 the program.

12 ‘‘(5) QUALITY ASSURANCE.—In conducting a

13 citizen watershed monitoring program under para14 graph (1), a State shall use quality assurance con15 trol procedures described in guidance on planning

16 and implementing volunteer monitoring programs is17 sued by the Environmental Protection Agency or

18 equivalent procedures developed by the State.

19 ‘‘(6) USE OF DATA.—Data obtained under a

20 citizen watershed monitoring program under para21 graph (1) shall be used to obtain information re22 quired under subparagraphs (A) and (E) of sub23 section (b)(1) and to develop and implement

24 nonpoint source management programs under sec25 tion 319, as revised pursuant to section 321.
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1 ‘‘(7) AVAILABILITY OF DATA.—A State shall

2 make the data collected under a citizen watershed

3 monitoring program under paragraph (1) available

4 for public review.

5 ‘‘(8) FUNDING.—A State shall use 5 percent of

6 the amount made available to the State under sec7 tion 319(h) in any fiscal year beginning after the

8 date of the enactment of this subsection or $100,000

9 (whichever amount is greater for such fiscal year) to

10 carry out this subsection.’’.

Æ