I

105TH CONGRESS

1ST SESSION H. R. 806

To amend the Federal Water Pollution Control Act to establish a National

Clean Water Trust Fund and to authorize the Administrator of the

Environmental Protection Agency to use amounts in that Fund to carry

out projects to restore and recover waters of the United States from

damages resulting from violations of that Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. VISCLOSKY (for himself, Ms. KAPTUR, Mr. LIPINSKI, and Mrs. LOWEY)

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 a National Clean Water Trust Fund and to authorize the Administrator of the Environmental Protection

Agency to use amounts in that Fund to carry out

projects to restore and recover waters of the United

States from damages resulting from violations of that

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Clean Water

3 Trust Fund Act of 1997’’.

4 SEC. 2. NATIONAL CLEAN WATER TRUST FUND.

5 Section 309 of the Federal Water Pollution Control

6 Act (33 U.S.C. 1319) is amended by adding at the end

7 the following:

8 ‘‘(h) NATIONAL CLEAN WATER TRUST FUND.—

9 ‘‘(1) ESTABLISHMENT.—There is established in

10 the Treasury a National Clean Water Trust Fund

11 (hereinafter in this subsection referred to as the

12 ‘Fund’) consisting of amounts transferred to the

13 Fund under paragraph (2) and amounts credited to

14 the Fund under paragraph (3).

15 ‘‘(2) TRANSFER OF AMOUNTS.—For fiscal year

16 1997, and each fiscal year thereafter, the Secretary

17 of the Treasury shall transfer to the Fund an

18 amount determined by the Secretary to be equal to

19 the total amount deposited in the general fund of

20 the Treasury in the preceding fiscal year from fines,

21 penalties, and other moneys obtained through en22 forcement actions conducted pursuant to this section

23 and section 505(a)(1), including moneys obtained

24 under consent decrees and excluding any amounts

25 ordered to be used to carry out mitigation projects
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1 under this section or section 505(a), as the case may

2 be.

3 ‘‘(3) INVESTMENT OF AMOUNTS.—The Sec4 retary of the Treasury shall invest in interest-bear5 ing obligations of the United States such portion of

6 the Fund as is not, in the Secretary’s judgment, re7 quired to meet current withdrawals. Such obligations

8 shall be acquired and sold and interest on, and the

9 proceeds from the sale or redemption of, such obliga10 tions shall be credited to the Fund in accordance

11 with the requirements of section 9602 of the Inter12 nal Revenue Code of 1986.

13 ‘‘(4) USE OF AMOUNTS FOR REMEDIAL

14 PROJECTS.—Amounts in the Fund shall be available,

15 as provided in appropriations Acts, to the Adminis16 trator to carry out projects to restore and recover

17 waters of the United States from damages resulting

18 from violations of this Act which are subject to en19 forcement actions under this section and similar

20 damages resulting from the discharge of pollutants

21 into the waters of the United States.

22 ‘‘(5) SELECTION OF PROJECTS.—

23 ‘‘(A) PRIORITY.—In selecting projects to

24 carry out under this subsection, the Adminis25 trator shall give priority to a project to restore
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1 and recover waters of the United States from

2 damages described in paragraph (4), if an en3 forcement action conducted pursuant to this

4 section or section 505(a)(1) against such viola5 tion, or another violation in the same adminis6 trative region of the Environmental Protection

7 Agency as such violation, resulted in amounts

8 being deposited in the general fund of the

9 Treasury.

10 ‘‘(B) CONSULTATION WITH STATES.—In

11 selecting projects to carry out under this sec12 tion, the Administrator shall consult with

13 States in which the Administrator is consider14 ing carrying out a project.

15 ‘‘(C) ALLOCATION OF AMOUNTS.—In de16 termining an amount to allocate to carry out a

17 project to restore and recover waters of the

18 United States from damages described in para19 graph (4), the Administrator shall, in the case

20 of a priority project under subparagraph (A),

21 take into account the total amount deposited in

22 the general fund of the Treasury as a result of

23 enforcement actions conducted with respect to

24 such violation pursuant to this section or sec25 tion 505(a)(1).
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1 ‘‘(6) IMPLEMENTATION.—The Administrator

2 may carry out a project under this subsection either

3 directly or by making grants to, or entering into

4 contracts with, the Secretary of the Army or any

5 other public or private entity.

6 ‘‘(7) REPORT TO CONGRESS.—Not later than 1

7 year after the date of the enactment of this sub8 section, and every 2 years thereafter, the Adminis9 trator shall transmit to Congress a report on imple10 mentation of this subsection.’’.

11 SEC. 3. USE OF CIVIL PENALTIES FOR MITIGATION

12 PROJECTS.

13 (a) IN GENERAL.—Section 309(d) of the Federal

14 Water Pollution Control Act (33 U.S.C. 1319(d)) is

15 amended by inserting after the second sentence the follow16 ing: ‘‘The court may, in the court’s discretion, order that

17 a civil penalty be used for carrying out mitigation projects

18 which are consistent with the purposes of this Act and

19 which enhance the public health or environment.’’.

20 (b) CONFORMING AMENDMENT.—Section 505(a) of

21 such Act (33 U.S.C. 1365(a)) is amended by inserting be22 fore the period at the end of the last sentence the follow23 ing: ‘‘, including ordering the use of a civil penalty for
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1 carrying out mitigation projects in accordance with section

2 309(d)’’.

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