I 

108TH CONGRESS 

2D SESSION H. R. 4421 

Making appropriations for the Environmental Protection Agency for the fiscal 

year ending September 30, 2005, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004 

Mr. OBEY introduced the following bill; which was referred to the Committee 

on Appropriations, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

Making appropriations for the Environmental Protection 

Agency for the fiscal year ending September 30, 2005, 

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 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Environmental Protection Agency for the fiscal year end6 ing September 30, 2005, and for other purposes, namely: 
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1 ENVIRONMENTAL PROTECTION AGENCY 

2 SCIENCE AND TECHNOLOGY

3 For science and technology, including research and 

4 development activities, which shall include research and 

5 development activities under the Comprehensive Environ6 mental Response, Compensation, and Liability Act of 

7 1980, as amended; necessary expenses for personnel and 

8 related costs and travel expenses, including uniforms, or 

9 allowances therefor, as authorized by 5 U.S.C. 5901– 

10 5902; services as authorized by 5 U.S.C. 3109, but at 

11 rates for individuals not to exceed the per diem rate equiv12 alent to the maximum rate payable for senior level posi13 tions under 5 U.S.C. 5376; procurement of laboratory 

14 equipment and supplies; other operating expenses in sup15 port of research and development; construction, alteration, 

16 repair, rehabilitation, and renovation of facilities, not to 

17 exceed $85,000 per project, $797,000,000, which shall re18 main available until September 30, 2006. 

19 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

20 For environmental programs and management, in21 cluding necessary expenses, not otherwise provided for, for 

22 personnel and related costs and travel expenses, including 

23 uniforms, or allowances therefor, as authorized by 5 

24 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 

25 3109, but at rates for individuals not to exceed the per 
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1 diem rate equivalent to the maximum rate payable for sen2 ior level positions under 5 U.S.C. 5376; hire of passenger 

3 motor vehicles; hire, maintenance, and operation of air4 craft; purchase of reprints; library memberships in soci5 eties or associations which issue publications to members 

6 only or at a price to members lower than to subscribers 

7 who are not members; construction, alteration, repair, re8 habilitation, and renovation of facilities, not to exceed 

9 $85,000 per project; and not to exceed $9,000 for official 

10 reception and representation expenses, $2,391,000,000, 

11 which shall remain available until September 30, 2006, in12 cluding administrative costs of the Brownfields program 

13 under the Small Business Liability Relief and Brownfields 

14 Revitalization Act of 2002. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, as amended, and for construction, 

19 alteration, repair, rehabilitation, and renovation of facili20 ties, not to exceed $85,000 per project, $37,997,000, to 

21 remain available until September 30, 2006. 

22 BUILDINGS AND FACILITIES

23 For construction, repair, improvement, extension, al24 teration, and purchase of fixed equipment or facilities of, 
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1 or for use by, the Environmental Protection Agency, 

2 $42,918,000, to remain available until expended. 

3 HAZARDOUS SUBSTANCE SUPERFUND

4 (INCLUDING TRANSFERS OF FUNDS)

5 For necessary expenses to carry out the Comprehen6 sive Environmental Response, Compensation, and Liabil7 ity Act of 1980 (CERCLA), as amended, including sec8 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

9 9611), and for construction, alteration, repair, rehabilita10 tion, and renovation of facilities, not to exceed $85,000 

11 per project; $1,381,416,000, to remain available until ex12 pended, consisting of such sums as are available in the 

13 Trust Fund upon the date of enactment of this Act as 

14 authorized by section 517(a) of the Superfund Amend15 ments and Reauthorization Act of 1986 (SARA) and up 

16 to $1,381,416,000 as a payment from general revenues 

17 to the Hazardous Substance Superfund for purposes as 

18 authorized by section 517(b) of SARA, as amended: Pro19 vided, That funds appropriated under this heading may 

20 be allocated to other Federal agencies in accordance with 

21 section 111(a) of CERCLA: Provided further, That of the 

22 funds appropriated under this heading, $13,214,000 shall 

23 be transferred to the ‘‘Office of Inspector General’’ appro24 priation to remain available until September 30, 2006, 

25 and $36,097,000 shall be transferred to the ‘‘Science and 
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1 technology’’ appropriation to remain available until Sep2 tember 30, 2006. 

3 LEAKING UNDERGROUND STORAGE TANK PROGRAM

4 For necessary expenses to carry out leaking under5 ground storage tank cleanup activities authorized by sec6 tion 205 of the Superfund Amendments and Reauthoriza7 tion Act of 1986, and for construction, alteration, repair, 

8 rehabilitation, and renovation of facilities, not to exceed 

9 $85,000 per project, $76,000,000, to remain available 

10 until expended. 

11 OIL SPILL RESPONSE

12 For expenses necessary to carry out the Environ13 mental Protection Agency’s responsibilities under the Oil 

14 Pollution Act of 1990, $16,425,000, to be derived from 

15 the Oil Spill Liability trust fund, to remain available until 

16 expended. 

17 STATE AND TRIBAL ASSISTANCE GRANTS

18 For environmental programs and infrastructure as19 sistance, including capitalization grants for state revolving 

20 funds and performance partnership grants, 

21 $4,100,000,000, to remain available until expended, of 

22 which $1,400,000,000 shall be for making capitalization 

23 grants for the Clean Water State Revolving Funds under 

24 title VI of the Federal Water Pollution Control Act, as 

25 amended (the ‘‘Act’’), of which up to $75,000,000 shall 
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1 be available for loans, including interest free loans as au2 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter3 municipal, interstate, or State agencies or nonprofit enti4 ties for projects that provide treatment for or that mini5 mize sewage or storm water discharges using one or more 

6 approaches which include, but are not limited to, decen7 tralized or distributed storm water controls, decentralized 

8 wastewater treatment, low-impact development practices, 

9 conservation easements, stream buffers, or wetlands res10 toration; $900,000,000 shall be for capitalization grants 

11 for the Drinking Water State Revolving Funds under sec12 tion 1452 of the Safe Drinking Water Act, as amended, 

13 except that, notwithstanding section 1452(n) of the Safe 

14 Drinking Water Act, as amended, none of the funds made 

15 available under this heading in this Act, or in previous 

16 appropriations Acts, shall be reserved by the Adminis17 trator for health effects studies on drinking water con18 taminants; $50,000,000 shall be for architectural, engi19 neering, planning, design, construction and related activi20 ties in connection with the construction of high priority 

21 water and wastewater facilities in the area of the United 

22 States-Mexico Border, after consultation with the appro23 priate border commission; $43,000,000 shall be for grants 

24 to the state of Alaska to address drinking water and waste 

25 infrastructure needs of rural and Alaska Native Villages; 
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1 $3,500,000 shall be for the remediation of above ground 

2 leaking fuel tanks pursuant to Public Law 106–554; 

3 $325,000,000 shall be for making grants for the construc4 tion of drinking water, wastewater and storm water infra5 structure and for water quality protection provided that 

6 each grantee shall contribute not less than 45 percent of 

7 the cost of the project unless the grantee is approved for 

8 a waiver by the Agency; $6,600,000 for grants for con9 struction of alternative decentralized wastewater facilities 

10 under the National Decentralized Wastewater Demonstra11 tion program: $120,500,000 shall be to carry out section 

12 104(k) of the Comprehensive Environmental Response, 

13 Compensation, and Liability Act of 1980 (CERCLA), as 

14 amended, including grants, interagency agreements, and 

15 associated program support costs; and the remainder shall 

16 be for grants, including associated program support costs, 

17 to States, federally recognized tribes, interstate agencies, 

18 tribal consortia, and air pollution control agencies for 

19 multi-media or single media pollution prevention, control 

20 and abatement and related activities, including activities 

21 pursuant to the provisions set forth under this heading 

22 in Public Law 104–134, for making grants under section 

23 103 of the Clean Air Act for particulate matter monitoring 

24 and data collection activities, and for making competitive 

25 grants to states, federally recognized tribes, local govern-
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1 ments and local educational authorities for the purpose of 

2 retrofitting school bus fleets with the latest available envi3 ronmental technology: Provided, That for fiscal year 2005 

4 and thereafter, State authority under section 302(a) of 

5 Public Law 104–182 shall remain in effect: Provided fur6 ther, That notwithstanding section 603(d)(7) of the Act, 

7 the limitation on the amounts in a State water pollution 

8 control revolving fund that may be used by a State to ad9 minister the fund shall not apply to amounts included as 

10 principal in loans made by such fund in fiscal year 2005 

11 and prior years where such amounts represent costs of ad12 ministering the fund to the extent that such amounts are 

13 or were deemed reasonable by the Administrator, ac14 counted for separately from other assets in the fund, and 

15 used for eligible purposes of the fund, including adminis16 tration: Provided further, That for fiscal year 2005, and 

17 notwithstanding section 518(f) of the Act, the Adminis18 trator is authorized to use the amounts appropriated for 

19 any fiscal year under section 319 of that Act to make 

20 grants to Indian tribes pursuant to sections 319(h) and 

21 518(e) of that Act: Provided further, That for fiscal year 

22 2005, notwithstanding the limitation on amounts in section 518(c) of the Act, up to a total of 11 23 ⁄2 percent of 

24 the funds appropriated for State Revolving Funds under 

25 title VI of that Act may be reserved by the Administrator 
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1 for grants under section 518(c) of such Act: Provided fur2 ther, That no funds provided by this legislation to address 

3 the water, wastewater and other critical infrastructure 

4 needs of the colonias in the United States along the 

5 United States-Mexico border shall be made available to a 

6 county or municipal government unless that government 

7 has established an enforceable local ordinance, or other 

8 zoning rule, which prevents in that jurisdiction the devel9 opment or construction of any additional colonia areas, or 

10 the development within an existing colonia the construc11 tion of any new home, business, or other structure which 

12 lacks water, wastewater, or other necessary infrastructure. 

13 ADMINISTRATIVE PROVISIONS

14 For fiscal year 2005, notwithstanding 31 U.S.C. 

15 6303(1) and 6305(1), the Administrator of the Environ16 mental Protection Agency, in carrying out the Agency’s 

17 function to implement directly Federal environmental pro18 grams required or authorized by law in the absence of an 

19 acceptable tribal program, may award cooperative agree20 ments to federally-recognized Indian tribes or Intertribal 

21 consortia, if authorized by their member tribes, to assist 

22 the Administrator in implementing Federal environmental 

23 programs for Indian tribes required or authorized by law, 

24 except that no such cooperative agreements may be award-
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1 ed from funds designated for State financial assistance 

2 agreements. 

3 The Administrator of the Environmental Protection 

4 Agency is authorized to collect and obligate pesticide reg5 istration service fees in accordance with section 33 of the 

6 Federal Insecticide, Fungicide, and Rodenticide Act, as 

7 amended. 

8 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap9 propriated funds for fiscal year 2005 may be used to 

10 award grants or loans under section 104(k) of CERCLA 

11 to eligible entities that satisfy all of the elements set forth 

12 in CERCLA section 101(40) to qualify as a bona fide pro13 spective purchaser except that the date of acquisition of 

14 the property was prior to the date of enactment of the 

15 Small Business Liability Relief and Brownfield Revitaliza16 tion Act of 2001. 

17 In the case of taxpayers with adjusted gross income 

18 in excess of $1,000,000 for calendar year 2004, the 

19 amount of the tax reduction resulting from enactment of 

20 the Jobs and Growth Tax Relief Reconciliation Act of 

21 2003 (Public Law 108–27) and enactment of the Eco22 nomic Growth and Tax Relief Reconciliation Act of 2001 

23 (Public Law 107–16) shall be reduced by 4.0 percent. 

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