```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2543 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2543

     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

                             June 28, 1993

Mr. Oberstar introduced the following bill; which was referred jointly 
 to the Committees on Public Works and Transportation, Merchant Marine 
                     and Fisheries, and Agriculture

                            August 23, 1993

   Additional sponsors: Ms. Norton, Mr. Vento, Mr. Hall of Ohio, Mr. 
           Evans, Mr. Faleomavaega, Ms. Kaptur, and Mr. Towns

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nonpoint Source Water Pollution 
Prevention Act of 1993''.

SEC. 2. POLICY, FINDINGS, AND PURPOSES.

    (a) Policy.--It is the policy of the United States to consummate 
the objective set forth in the Federal Water Pollution Control Act to 
``restore and maintain the chemical, physical, and biological integrity 
of the Nation's waters''.
    (b) Findings.--Congress finds the following:
            (1) While the Federal Water Pollution Control Act spoke to 
        control of all sources of water pollution, subsequent 
        legislative and regulatory actions have concentrated on point 
        sources.
            (2) United States citizens as Federal and State taxpayers 
        have spent $75,000,000,000 to clean up municipal point sources. 
        Citizens as consumers have spent $130,000,000,000 to clean up 
        industrial point sources. Ninety percent of municipalities, and 
        95 percent of industry, currently comply with the Federal Water 
        Pollution Control Act. Despite this costly sacrifice, and high 
        compliance rate, at least \1/3\ of the Nation's waters have not 
        attained water quality standards.
            (3) The major cause of this failure are nonpoint sources of 
        pollution: the neglected legacy and unfinished agenda set forth 
        in 1972 in the Federal Water Pollution Control Act.
            (4) It is time to complete the task set forth in 1972.
            (5) Nonpoint sources are best addressed on a watershed 
        basis by State and local and public and private organizations 
        and by citizens. The Federal Government is a contributor, and 
        must accept its share of responsibility, but the prime 
        authority and most effective means are the province of State 
        and local entities. The Federal Government's financial, 
        technical, and human resources must be harnessed to assist in 
        this effort.
            (6) The right to private action on private land is 
        circumscribed by the responsibility not to destroy natural 
        resources which are the heritage of all Americans. Pollution of 
        the Nation's waters is not a right, inviolate; nor is it free. 
        Private pollution imposes heavy public costs; denies rights, in 
        terms of human and aquatic health, clean water for industry, 
        and recreation; and impoverishes the enjoyment of these rights 
        by future generations.
            (7) Section 319 of the Federal Water Pollution Control Act, 
        the Coastal Zone Act Reauthorization Amendments of 1990, and 
        the water quality programs of the Department of Agriculture 
        have laid the basis for and offer the supporting means to 
        control and prevent nonpoint sources of pollution. Further 
        legislation and resources are necessary to complete the task in 
        a timely fashion.
            (8) To the extent the Federal Government continues to 
        contribute financially to the water pollution control effort, 
        those resources should be divided between point and nonpoint 
        sources on a basis commensurate with each aspect of the 
        problem.
    (c) Purposes.--The purposes of this Act are--
            (1) to prevent where possible, and reduce elsewhere, 
        nonpoint sources of pollution which, 2 decades after enactment 
        of the Federal Water Pollution Control Act, are the major cause 
        of the degradation of the Nation's waters;
            (2) to control and eliminate nonpoint sources of pollution 
        on Federal lands by creating a Federal program and placing it 
        directly under the President;
            (3) to provide State and, to the extent possible, local 
        government and nongovernmental entities with the means and 
        responsibility for preventing nonpoint source pollution within 
        their jurisdictions;
            (4) to encourage and reward compliance by willing land 
        owners and operators, while assuring that they will not suffer 
        competitive disadvantages from those who refuse to comply with 
        sound pollution prevention practices;
            (5) to enable citizens to participate more directly in 
        cleansing the Nation's waters by providing individual land 
        owners and operators and other citizens of a watershed the 
        opportunity to participate in designing their watershed 
        implementation program and through establishment of quality-
        assured citizen monitoring programs to complement on-going 
        State monitoring efforts;
            (6) to address water quality problems on a watershed basis; 
        and
            (7) to assure and enhance the health and well-being of 
        current and future generations of citizens, business and 
        industry, as well as the natural flow, habitat structure, and 
        biodiversity of the full range of aquatic ecosystems.

              TITLE I--NONPOINT SOURCE MANAGEMENT PROGRAMS

SEC. 101. REVISION OF STATE NONPOINT SOURCE MANAGEMENT PROGRAMS.

    Title III of the Federal Water Pollution Control Act (33 U.S.C. 
1311-1330) is amended by adding at the end the following new section:

``SEC. 321. REVISION OF NONPOINT SOURCE MANAGEMENT PROGRAMS.

    ``(a) In General.--The Governor of each State shall, in accordance 
with the requirements of this section, revise the management program of 
the State under section 319 for the purpose of achieving, in 
combination with controls over point sources, full restoration and 
protection of each target watershed in the State.
    ``(b) Regulations.--Not later than 1 year after the date of the 
enactment of this section, the Administrator shall issue regulations 
and guidelines to carry out this section.
    ``(c) Identification and Prioritization of Target Watersheds; 
Notice to Land Owners.--Not later than 180 days after the date of 
issuance of regulations under subsection (b), the Governor of each 
State shall complete the following:
            ``(1) Identify target watersheds in the State.
            ``(2) Prioritize target watersheds in the State into 5 
        priority groups (each consisting of approximately \1/5\ of the 
        target watersheds) on the basis of the relative severity of 
        nonpoint source pollution problems in the target watersheds and 
        other relevant considerations. In prioritizing such target 
        wetlands, the Governor may distribute among the priority groups 
        those watersheds which have been most severely impacted by 
        nonpoint sources.
            ``(3) Provide notice to land owners and operators 
        designated by the State pursuant to subsection (d)(2)(B) in 1st 
        priority group watersheds that such land owners and operators 
        will be required to implement site-level programs.
    ``(d) Required Revisions.--
            ``(1) In general.--The Governor of each State, for that 
        State or in combination with adjacent States, shall, not later 
        than 2 years after the date of issuance of regulations under 
        subsection (b), and after notice and public comment, prepare 
        and submit to the Administrator for approval revisions to the 
        management program of the State.
            ``(2) Contents.--As revised under this subsection, the 
        management program of a State shall, at a minimum, contain the 
        following:
                    ``(A) Listing of target watersheds.--A listing of 
                target watersheds in the State by priority group, as 
                identified pursuant to subsection (c).
                    ``(B) Site-level implementation program.--An 
                identification of a program under which the State will 
                require land owners and operators located in target 
                watersheds to develop and implement site-level programs 
                and will apply enforceable mechanisms in all cases in 
                which land owners and operators fail to develop and 
                implement such programs. Such identification shall 
                include--
                            ``(i) a description of methods used by the 
                        State to designate land owners and operators 
                        who will be required by the State to implement 
                        site-level programs;
                            ``(ii) a description of procedures to be 
                        used by the State to approve or disapprove 
                        site-level programs;
                            ``(iii) a description of basic soil tests 
                        and nutrient balance assessments which the 
                        State will require land owners and operators to 
                        conduct on agricultural lands to ensure that 
                        crop nutrient availability on such lands does 
                        not exceed levels recommended by cooperative 
                        extension agronomy manuals of the Department of 
                        Agriculture;
                            ``(iv) a description of monitoring 
                        techniques which will be used by the State to 
                        assess the success of site-level programs; and
                            ``(v) a description of enforceable 
                        mechanisms which will be used by the State to 
                        achieve compliance with the requirements of the 
                        program.
                    ``(C) Identification of monitoring techniques.--An 
                identification of monitoring techniques which will be 
                used by the State to assess the success of 
                implementation of the management program. Such 
                monitoring techniques shall include random on-site 
                inspections and in situ water quality monitoring of 
                most sensitive native and introduced fish species.
                    ``(D) Procedures for identifying new sources.--
                Procedures and authority for identifying and preventing 
                new nonpoint sources of pollution resulting from land 
                use changes. Such procedures shall be consistent with 
                regulations issued pursuant to section 304(n).
                    ``(E) Procedures for adding sources.--Procedures 
                for adding categories and subcategories of nonpoint 
                sources of pollution and particular nonpoint sources of 
                pollution to the categories, subcategories, and 
                nonpoint sources designated under section 319(a)(1)(B) 
                in order to reflect information obtained through 
                monitoring.
                    ``(F) Watershed implementation program for 1st 
                priority group watersheds.--A program for 
                implementation of the management program in 1st 
                priority group watersheds identified under subsection 
                (c). Such program shall comply with the requirements 
                for such program contained in subsection (e).
                    ``(G) Procedures for adding watersheds.--Procedures 
                for adding watersheds to the target watersheds and 
                priority groups identified under subsection (c) in 
                order to reflect changes in water quality standards, 
                changes in land uses, and information obtained through 
                monitoring.
                    ``(H) Recertification.--A recertification under 
                section 319(b)(2)(D) of the authority of the State to 
                implement the management program, as revised under this 
                subsection, or a schedule and commitment by the State 
                to seek such authority.
                    ``(I) Sources of assistance.--An update of sources 
                and other assistance listed pursuant to section 
                319(b)(2)(E).
                    ``(J) Other revisions.--Such other revisions as the 
                Administrator may require.
            ``(3) Designation of land owners and operators.--
                    ``(A) In general.--Except as provided by 
                subparagraphs (B), (C), and (D), all land owners and 
                operators in target watersheds who conduct nonpoint 
                source activities identified under section 
                319(a)(1)(B), or who conduct other nonpoint source 
                activities identified by the State as causing or 
                contributing to the overall degradation of a target 
                watershed, shall be designated to implement site-level 
                programs pursuant to paragraph (2)(B).
                    ``(B) Land owners and operators participating in 
                qualified programs.--
                            ``(i) In general.--A land owner or operator 
                        participating in and complying with the 
                        requirements of a qualified program shall be 
                        treated as having satisfied the requirements 
                        for implementation of a site-level program 
                        under paragraph (2)(B) with respect to 
                        pollutants and land areas regulated under the 
                        qualified program.
                            ``(ii) Qualified program defined.--For the 
                        purposes of clause (i), the term `qualified 
                        program' means any of the following:
                                    ``(I) The Conservation Reserve 
                                Program established under section 1231 
                                of the Food Security Act of 1985.
                                    ``(II) The Agriculture Water 
                                Quality Protection Program established 
                                under section 1238B of the Food 
                                Security Act of 1985.
                                    ``(III) The Integrated Farm 
                                Management Program Option established 
                                under section 1451 of the Food, 
                                Agriculture, Conservation, and Trade 
                                Act of 1990.
                                    ``(IV) The Organic Certification 
                                Program under title XXI of the Food, 
                                Agriculture, Conservation, and Trade 
                                Act of 1990.
                                    ``(V) The Coastal Zone 
                                Reauthorization Amendments of 1990.
                            ``(iii) Financial assistance not 
                        required.--For the purposes of this 
                        subparagraph, a land owner or operator shall be 
                        considered to be participating in and complying 
                        with the requirements of a qualified program, 
                        whether or not the land owner or operator is 
                        receiving financial assistance under such 
                        program, if the sponsoring agency provides 
                        certification with respect to such compliance.
                    ``(C) Exemptions for categories and subcategories 
                of land owners and operators.--A State may exempt a 
                category or subcategory of land owners and operators 
                from requirements for implementation of site-level 
                programs under paragraph (2)(B) if the State determines 
                that such category or subcategory of land owners and 
                operators does not cause or contribute significantly to 
                the overall degradation of the target watershed.
                    ``(D) Exemptions for severe economic hardship.--A 
                State may exempt a land owner or operator from 
                requirements for implementation of a site-level program 
                under paragraph (2)(B) if the land owner or operator 
                can demonstrate severe economic hardship. Any such 
                demonstration shall include written loan denials from 
                at least 2 credit sources, including, in the case of 
                farm owners and operators, the Farmers Home 
                Administration. Any exception issued under this 
                subparagraph shall not apply with respect to 
                requirements to implement low cost management practices 
                for which major capital outlays are not required.
                    ``(E) Adequacy of coverage.--In granting exemptions 
                to land owners and operators under subparagraphs (C) 
                and (D), a State shall ensure that implementation of 
                management measures by land owners and operators in the 
                watershed will be sufficient to achieve full 
                restoration and protection of the watershed in the 
                applicable 8-year period specified in subsection 
                (e)(2).
            ``(4) Sources of assistance.--In providing notification to 
        land owners and operators who will be required to implement 
        site-level programs pursuant to paragraph (2)(B), a State shall 
        specify procedures for obtaining State approval of site-level 
        programs and shall identify Federal, State, and local sources 
        of technical assistance, education, and other support for the 
        development and implementation of such programs.
            ``(5) Cooperation requirement.--Revisions to the management 
        program of a State to be submitted under paragraph (1) shall be 
        developed in cooperation with local, substate regional, 
        Federal, and interstate entities, including local natural 
        resource conservation districts, as well as with other public 
        and private entities which have expertise in the control and 
        prevention of nonpoint sources of pollution.
            ``(6) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to preclude a State from 
        adopting or enforcing stricter standards than those contained 
        in a revised management program.
    ``(e) Watershed Implementation Programs.--
            ``(1) In general.--In addition to the revisions required 
        under subsection (d), the Governor of each State shall, in 
        accordance with the schedule established by paragraph (6), and 
        after notice and public comment, submit to the Administrator 
        for approval a program for implementation of the management 
        program of the State in each target watershed identified by the 
        State under subsection (c).
            ``(2) Full restoration and protection.--It shall be the 
        purpose of each implementation program for a target watershed 
        submitted under paragraph (1) to achieve full restoration and 
        protection of the watershed before the expiration of the 8-year 
        period beginning on the date of approval of the implementation 
        program.
            ``(3) Watershed management conferences.--
                    ``(A) In general.--Each implementation program for 
                a target watershed submitted under paragraph (1) shall 
                be developed in consultation with a watershed 
                management conference to be convened by the Governor.
                    ``(B) Membership.--In convening a watershed 
                management conference under this paragraph, the 
                Governor shall ensure that members of the conference 
                include representatives of the following:
                            ``(i) Categories and subcategories of 
                        nonpoint sources.
                            ``(ii) Categories and subcategories of 
                        point sources, including publicly owned 
                        treatment works.
                            ``(iii) Categories of significant water 
                        users, including public water suppliers.
                            ``(iv) Appropriate Federal, State, and 
                        local agencies.
                            ``(v) The environmental community.
                            ``(vi) The scientific community.
                            ``(vii) Tribal councils, in cases in which 
                        target watersheds include tribal lands.
                            ``(viii) Other interested parties.
                    ``(C) Role of existing organizations.--In cases in 
                which there exists a watershed council or river basin 
                management commission with a decisionmaking body 
                containing representatives described in subparagraph 
                (B), such watershed council or river basin management 
                commission may carry out the functions of a watershed 
                management conference under this paragraph.
            ``(4) Contents.--Each implementation program for a target 
        watershed submitted under paragraph (1) shall include the 
        following:
                    ``(A) Listing of categories of land owners and 
                operators.--A listing of categories of land owners and 
                operators designated by the State pursuant to 
                subsection (d)(2)(B) to implement site-level programs 
                and a description of the relative contribution which 
                each such category of land owners and operators is 
                expected to make toward achieving full restoration and 
                protection.
                    ``(B) Certification.--A certification that, on or 
                before the date of submission of the implementation 
                program, land owners and operators in categories listed 
                pursuant to subparagraph (A) have developed site-level 
                programs, have received State approval to implement 
                such site-level programs, and will begin implementation 
                of such site-level programs immediately upon approval 
                of the implementation program and that the State will 
                apply enforceable mechanisms in all cases in which land 
                owners and operators have not complied with such 
                requirements.
                    ``(C) Identification of programs.--An 
                identification of all programs which will be carried 
                out by the State to achieve and evaluate implementation 
                of management measures in the watershed, including the 
                program required by subsection (d)(2)(B), any program 
                identified pursuant to section 319(b)(2)(B), and any 
                monitoring program under section 305(b).
                    ``(D) Political subdivisions.--An identification of 
                political subdivisions and other public and private 
                entities which will work with the State to carry out 
                the implementation program.
                    ``(E) Sources of assistance.--Sources of 
                assistance, other than assistance provided under 
                section 319, which are available to the State for 
                carrying out the implementation program and the 
                purposes for which such assistance will be used.
                    ``(F) Annual milestones.--Annual milestones for 
                achieving full restoration and protection of the 
                watershed.
            ``(5) Schedule for submission of implementation programs.--
        The Governor of each State shall submit a watershed 
        implementation program under paragraph (1) for each target 
        watershed in a priority group identified under subsection (c) 
        in accordance with the following schedule:

``For each target watershed in the  An implementation program shall be 
        following priority group of         submitted:
        the State:
    1st priority group.............
                                        As part of revisions to the 
                                                State's management 
                                                program under 
                                                subsection (d).
    2nd priority group.............
                                        Not later than 1\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                of the State's 
                                                management program.
    3rd priority group.............
                                        Not later than 2\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                to the State's 
                                                management program.
    4th priority group.............
                                        Not later than 3\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                to the State's 
                                                management program.
    5th priority group.............
                                        Not later than 4\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                to the State's 
                                                management program.
            ``(6) Schedule for notification of land owners and 
        operators.--The Governor of each State shall notify land owners 
        and operators designated by the State to implement site-level 
        programs pursuant to subsection (d)(2)(B) in accordance with 
        the following schedule:

``For each target watershed in the  Land owners and operators shall be 
        following priority group of         notified:
        the State:
    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 1\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                to the State's 
                                                management program.
    4th priority group.............
                                        Not later than 2\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                to the State's 
                                                management program.
    5th priority group.............
                                        Not later than 3\1/2\ years 
                                                after the date of 
                                                approval of revisions 
                                                to the State's 
                                                management program.
    ``(f) Approval and Disapproval of Programs.--
            ``(1) In general.--Revisions to the management program of a 
        State under subsection (d) and each implementation program for 
        a target watershed under subsection (e) shall be submitted to, 
        and approved or disapproved by, the Administrator in accordance 
        with the procedures described in section 319(d).
            ``(2) Local agencies and organizations.--A local public 
        agency or organization shall be eligible for technical and 
        financial assistance under section 319(e) in any case in which 
        a State fails to submit revisions to the management program of 
        the State under subsection (d) (or the Administrator does not 
        approve such revisions) and in any case in which a State fails 
        to submit an implementation program for a target watershed 
        under subsection (e) (or the Administrator does not approve 
        such implementation program).
            ``(3) Preparation of programs by epa.--The Administrator 
        shall prepare revisions to the management program of a State 
        and shall prepare an implementation program for a target 
        watershed in a State in any case in which such revisions or 
        implementation program are not prepared by the State or by a 
        local public agency or organization in the State in accordance 
        with the requirements of this section.
    ``(g) Eligibility for Grants for Implementation of Management 
Programs.--
            ``(1) In general.--Except as provided by paragraph (2), no 
        grant shall be made to a State under section 319(h) in any 
        fiscal year unless the Administrator determines that the State 
        in the previous fiscal year--
                    ``(A) complied with all applicable requirements 
                contained in this section, including requirements 
                relating to identification and prioritization of target 
                watersheds, notification of land owners and operators, 
                submission of revised management programs, submission 
                of implementation programs, use of enforceable 
                mechanisms, and implementation of additional management 
                measures; and
                    ``(B) made satisfactory progress in meeting annual 
                milestones for achieving full restoration and 
                protection of each target watershed in the State under 
                the implementation program for such watershed developed 
                under subsection (e).
            ``(2) Special rule.--If the Administrator determines under 
        paragraph (1) that a State has met the requirements described 
        in such paragraph only with respect to certain watersheds in 
        the State, the Administrator may make a grant to the State 
        under section 319(h) to assist the State in implementing its 
        management program in such watersheds.
            ``(3) Monitoring.--The Administrator shall make 
        determinations regarding satisfactory progress under paragraph 
        (1)(B) on the basis of certifications made by each State as to 
        the results of monitoring activities being conducted by the 
        State.
    ``(h) Penalties.--
            ``(1) In general.--Immediately upon a determination by the 
        Administrator under subsection (g)(1) that a State has not met 
        the requirements of this section, and until such time as the 
        Administrator determines otherwise, the following restrictions 
        shall apply with respect to the State:
                    ``(A) The Administrator or the State (in the case 
                of an approved permit program under section 402) shall 
                not approve any application for a new permit under 
                section 402 and shall not allow any increase in 
                discharges covered under existing permits under section 
                402.
                    ``(B) The Secretary of the Army or a State (in the 
                case of an approved permit program under section 404) 
                shall not approve any application for a new permit 
                under section 404 and shall not allow any increase in 
                discharges covered under existing permits under section 
                404.
            ``(2) Special rule.--If the Administrator determines under 
        subsection (g)(1) that a State has met the requirements 
        described in such subsection with respect to certain watersheds 
        in the State, the restrictions described in paragraph (1) shall 
        not apply with respect to such watersheds.
            ``(3) Application for new permit defined.--For the purposes 
        of this subsection, the term `application for a new permit' 
        shall not include an application to renew an existing permit.
    ``(i) Additional Measures.--If the Governor of a State determines, 
upon the expiration of the 8-year period beginning on the date of 
approval of an implementation program for a target watershed submitted 
under subsection (e), that full restoration and protection of the 
target watershed has not been achieved, the Governor shall, in each 
succeeding 2-year period, take either or both of the following actions 
to ensure that full restoration and protection is achieved before the 
expiration of the 12-year period beginning on such date:
            ``(A) Require land owners and operators who have 
        implemented site-level programs and land owners and operators 
        participating in qualified programs, as defined in subsection 
        (d)(3)(B), in the target watershed to undertake additional 
        management measures under such programs.
            ``(B) Require additional land owners and operators 
        (including, as necessary, land owners and operators 
        participating in qualified programs, as defined in subsection 
        (d)(3)(B)) in the target watershed to implement site-level 
        programs.
    ``(j) Enforcement of Water Quality Standards.--
            ``(1) In general.--Except as provided by paragraph (2), 
        following the expiration of the 8-year period beginning on the 
        date of approval of an implementation program for a target 
        watershed submitted under subsection (e) water quality 
        standards shall be enforceable against nonpoint sources of 
        pollution in such watershed.
            ``(2) Exceptions.--In the 4-year period following the 
        expiration of the 8-year period referred to in paragraph (1), a 
        land owner or operator complying with the requirements of--
                    ``(A) a permit issued pursuant to section 402,
                    ``(B) a site-level program implemented under this 
                section,
                    ``(C) a water quality protection plan implemented 
                under section 1238B of the Food Security Act of 1985,
                    ``(D) an integrated farm management plan 
                implemented under section 1451(b)(1)(C) of the Food, 
                Agriculture, Conservation, and Trade Act of 1990,
                    ``(E) an enforceable coastal nonpoint management 
                plan approved under section 6217 of the Coastal Zone 
                Act Reauthorization Amendments of 1990, or
                    ``(F) regulations issued pursuant to section 
                319(o), shall not be subject to any penalty for 
                violation of water quality standards with respect to 
                nonpoint source pollutants and land areas regulated 
                under such requirements.
    ``(k) Continued Monitoring.--Upon achievement of full restoration 
and protection of a target watershed in a State, the Governor shall 
continue to monitor the watershed to assure that full restoration and 
protection is maintained.
    ``(l) Limitation on Statutory Construction.--Nothing contained in 
this section shall be construed to limit the authority or 
responsibility of the Administrator or a State to develop and enforce 
total maximum daily loads under section 303(d).
    ``(m) Definitions.--For the purposes of this section and section 
319, the following definitions apply:
            ``(1) Enforceable mechanisms.--The term `enforceable 
        mechanisms' means State and local measures which are legally 
        binding through constitutional provisions, laws, regulations, 
        local land use plans, ordinances, judicial or administrative 
        decisions, permits, contracts, or other means by which a State 
        or political subdivision requires compliance with the 
        provisions of this section.
            ``(2) Full restoration and protection.--The term `full 
        restoration and protection' means--
                    ``(A) attainment and maintenance of all applicable 
                water quality standards;
                    ``(B) protection and propagation of a balanced, 
                indigenous population of aquatic and aquatic-dependent 
                species, aquatic ecosystem biodiversity, and habitat 
                restoration and maintenance;
                    ``(C) protection of public health;
                    ``(D) restoration and maintenance of recreational 
                activities in and on the water; and
                    ``(E) protection of underwater sediments through 
                pollution prevention activities.
            ``(3) Indigenous.--The term `indigenous' includes 
        established populations of introduced, beneficial species.
            ``(4) Management measures.--The term `management measures' 
        means economically achievable measures for control of the 
        addition of pollutants from existing and new categories and 
        classes of nonpoint sources of pollution which reflect the 
        greatest degree of pollutant reduction achievable through the 
        application of the best available nonpoint pollution control 
        methods, technologies, processes, siting criteria, operating 
        methods, or other alternatives. Such term shall include--
                    ``(A) measures specified in guidance issued 
                pursuant to section 6217(g) of the Coastal Zone Act 
                Reauthorization Amendments of 1990;
                    ``(B) water quality protection practices contained 
                in guidance materials for water quality protection 
                developed pursuant to section 1238D of the Food 
                Security Act of 1985 and farming operations and 
                practices developed pursuant to section 1451 of the 
                Food, Agriculture, Conservation, and Trade Act of 1990; 
                and
                    ``(C) other measures or comprehensive management 
                plans that assure at least as much water quality 
                protection as the measures and practices specified in 
                subparagraphs (A) and (B).
            ``(5) Management program.--The term `management program' 
        means a nonpoint source management program prepared under 
        section 319.
            ``(6) Site-level program.--The term `site-level program' 
        means a program developed by a land owner or operator under 
        regulations or guidelines issued by a State which provides for 
        the implementation of management measures by the land owner or 
        operator. Site-level programs in high-density population areas 
        may be developed, as determined by the State, by a political 
        subdivision of the State. Site-level programs shall be 
        developed and implemented to be consistent with, and 
        collectively to enable, the attainment and maintenance of full 
        restoration and protection for the watershed.
            ``(7) Target watersheds.--The term `target watersheds' 
        means all watersheds in a State which have been identified as 
        being impaired or threatened in whole or in part by nonpoint 
        sources of pollution under section 319(a)(1), section 304(l), 
        or section 305(b) and all watersheds in the State containing 
        drinking water supplies vulnerable to use impairment and not 
        otherwise included in such identifications.''.

SEC. 102. GRANTS.

    (a) Grant Program.--Section 319(h) of the Federal Water Pollution 
Control Act (33 U.S.C. 1329(h)) is amended--
            (1) in paragraph (1) by inserting ``and for which the 
        Administrator makes an affirmative determination under section 
        321(g),'' after the first comma;
            (2) in paragraph (2) by striking ``, including an 
        identification'' and all that follows before the period;
            (3) by striking paragraphs (5) and (8) and redesignating 
        paragraphs (6), (7), (9), (10), (11), and (12) as paragraphs 
        (5), (6), (7), (8), (9), and (10), respectively;
            (4) in paragraph (9), as redesignated, by striking ``(A) 
        its progress'' and all that follows before the period and 
        inserting ``its progress in obtaining full restoration and 
        protection of target watersheds in the State''; and
            (5) in paragraph (10), as redesignated, by striking ``10 
        percent of the amount of the grant in such year'' and inserting 
        ``20 percent of the amount of the grant in such year or 
        $200,000, whichever amount is greater, ''.
    (b) Grants for Protecting Groundwater Quality.--Paragraph (1) of 
section 319(i) is amended by inserting ``and for which the 
Administrator makes an affirmative determination under section 
321(g),'' after the first comma.

SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

    Section 319(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1329(j)) is amended--
            (1) by striking ``and'' after ``1990,''; and
            (2) by inserting ``, and $500,000,000 per fiscal year for 
        each of fiscal years 1994, 1995, 1996, 1997, and 1998'' after 
        ``1991''.

SEC. 104. REPORTS.

    Section 319(m) of the Federal Water Pollution Control Act (33 
U.S.C. 1329(m)) is amended to read as follows:
    ``(m) Reports to Congress.--The Administrator shall transmit to 
Congress on the date that is 4 years after the date of approval of the 
first watershed implementation program approved pursuant to section 
321(e), and at least once every 4 years thereafter, a report containing 
an evaluation of the progress made by States in obtaining full 
restoration and protection of target watersheds.''.

SEC. 105. INDIAN TRIBES.

    (a) Set-Aside for Nonpoint Source Programs.--The second sentence of 
section 518(f) of the Federal Water Pollution Control Act (33 U.S.C. 
1377(f)) is amended to read as follows: ``Not less than 5 percent of 
the amount appropriated for any fiscal year under section 319 shall be 
used to make grants under this subsection.''.
    (b) Technical Correction.--The third sentence of section 518(f) of 
such Act is amended by striking ``subsection (d)'' and inserting 
``subsection (e)''.

SEC. 106. MANAGEMENT MEASURES FOR NONPOINT SOURCES OF POLLUTION IN NON-
              COASTAL AREAS.

    Not later than 1 year after the date of the enactment of this Act, 
the Administrator of the Environmental Protection Agency shall publish 
modifications to guidance for specifying management measures for 
sources of nonpoint pollution issued pursuant to section 6217(g) of the 
Coastal Zone Act Reauthorization Amendments of 1990 (104 Stat. 1388-
317) in order to extend the application of such guidance to non-coastal 
areas.

         TITLE II--NONPOINT SOURCE PREVENTION ON FEDERAL LANDS

SEC. 201. REGULATION OF NONPOINT SOURCE POLLUTION ON FEDERAL LANDS.

    Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1329) is amended by adding at the end the following new subsection:
    ``(o) Federal Lands Management Program.--
            ``(1) Regulations.--Not later than 2 years after the date 
        of the enactment of this subsection, the President shall issue 
        regulations for the prevention and control of nonpoint sources 
        of pollution on all lands owned or managed by the Federal 
        Government.
            ``(2) Contents.--Regulations issued under paragraph (1) 
        shall require random, periodic on-site and in situ monitoring 
        by the Director of the Geological Survey and the reporting of 
        the results of such monitoring to the Administrator. Such 
        regulations shall also require implementation of measures 
        adequate to attain full restoration and protection of affected 
        watersheds as soon as practicable but in no event later than 8 
        years after the date of issuance of such regulations. For the 
        purposes of this paragraph, the term `full restoration and 
        protection' has the meaning given such term in section 321.
            ``(3) Effective date.--Final regulations issued under 
        paragraph (1) shall take effect not later than 1 year after the 
        date of issuance of the regulations.
            ``(4) Revision of existing licenses.--Any license, permit, 
        contract, special use permit, lease, agreement, claim, or 
        related operational authority, in effect before the date of 
        issuance of final regulations under paragraph (1), between a 
        Federal agency and any person authorizing activities on Federal 
        lands shall be revised, as necessary, to comply with the 
        requirements of such regulations.
            ``(5) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to limit the authority of a 
        State or the President to require the implementation of such 
        additional controls over nonpoint sources of pollution on lands 
        owned or managed by the Federal Government as may be necessary 
        to protect public health and to attain and maintain water 
        quality standards adopted pursuant to section 303, 
        antidegradation requirements, and other requirements of this 
        Act.''.

SEC. 202. HIGHWAY CONSTRUCTION.

    Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1329) is further amended by adding at the end the following new 
subsection:
    ``(p) Highway Construction.--
            ``(1) Development of measures and practices.--The President 
        shall develop and publish measures and practices to prevent 
        pollution resulting from federally assisted highway 
        construction projects and shall promote the implementation of 
        such measures and practices. Such measures and practices shall 
        include guidance requiring the location and design of 
        federally-assisted highways to be fully protective of water 
        quality and aquatic habitat.
            ``(2) Erosion control guidelines.--Erosion control 
        guidelines developed by the Secretary of Transportation under 
        section 1057 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 shall, at a minimum, require the 
        implementation of the measures and practices developed under 
        paragraph (1) in the case of any construction project 
        authorized under chapter 1 of title 23, United States Code.
            ``(3) Approval of highway projects.--The Secretary of 
        Transportation shall not approve under section 106 of title 23, 
        United States Code, any survey, plan, specification, or 
        estimate for a proposed highway project unless the Secretary 
        determines that the project will be constructed in accordance 
        with the requirements contained in the erosion control 
        guidelines referred to in paragraph (2).''.

SEC. 203. AGRICULTURAL PROGRAM COORDINATION.

    Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 
1329) is further amended by adding at the end the following new 
subsection:
    ``(q) Agricultural Program Coordination.--
            ``(1) Report.--Not later than 1 year after the date of the 
        enactment of this subsection, the Administrator, in 
        consultation with the Secretary of Agriculture, shall transmit 
        to Congress a report on--
                    ``(A) the efficacy of programs to protect water 
                quality established under sections 1212, 1231, 1237, 
                and 1238B of the Food Security Act of 1985 and section 
                1451 of the Food, Agriculture, Conservation, and Trade 
                Act of 1990; and
                    ``(B) barriers, if any, to prevention and control 
                of nonpoint sources of pollution created by programs of 
                the Department of Agriculture.
            ``(2) Contents.--The report to be transmitted under 
        paragraph (1) shall, at a minimum, contain--
                    ``(A) an estimate of reductions and anticipated 
                reductions in water pollution from agriculture;
                    ``(B) a description of participation in the 
                programs referred to in paragraph (1)(A), including the 
                number and acreage of farms enrolled in the programs;
                    ``(C) recommendations for legislative and 
                administrative reforms to improve the effectiveness of 
                the programs referred to in paragraph (1)(A); and
                    ``(D) recommendations for legislative and 
                administrative reforms to remove any barriers described 
                in paragraph (1)(B).''.

  TITLE III--WATER QUALITY CRITERIA; STANDARDS; ANTIDEGRADATION; NEW 
                                SOURCES

SEC. 301. WATER QUALITY CRITERIA FOR EFFECTS OF NONPOINT SOURCE 
              POLLUTION.

    (a) Revision of Criteria and Information.--Section 304(a) of the 
Federal Water Pollution Control Act (33 U.S.C. 1314) is amended by 
adding at the end the following new paragraph:
            ``(9) Revision of criteria and information.--
                    ``(A) In general.--Not later than 3 years after the 
                date of the enactment of this paragraph, and at least 
                once every 3 years thereafter, the Administrator shall 
                revise criteria and information developed under 
                paragraphs (1) and (2) in accordance with this 
                paragraph and publish such revisions.
                    ``(B) Requirements.--In making revisions under 
                subparagraph (A), the Administrator shall--
                            ``(i) consider the factors necessary to 
                        restore and maintain the chemical, physical, 
                        and biological integrity of water bodies;
                            ``(ii) consider the factors necessary to 
                        assure the protection and propagation of a 
                        balanced, indigenous population of aquatic and 
                        aquatic-dependent species, aquatic ecosystem 
                        biodiversity, and habitat maintenance and 
                        provide for protection of public health and for 
                        recreational activities in and on the water;
                            ``(iii) identify numerical pollutant 
                        concentration limits, where applicable, and 
                        other numeric criteria for varying types of 
                        waters which are sufficient to assure 
                        attainment of all factors specified in clause 
                        (ii); and
                            ``(iv) identify numerical pollutant 
                        concentration limits (including, as 
                        appropriate, a limit of zero) and other 
                        numerical criteria appropriate for varying 
                        types of receiving waters which are sufficient 
                        to assure attainment of uses established by the 
                        State.
                    ``(C) Use of biological monitoring and assessment 
                methods.--In addition to establishing a pollutant 
                concentration limit in accordance with subparagraph 
                (B), or as an alternative to establishing such a limit 
                where a pollutant concentration limit is not yet 
                available, the Administrator may establish a biological 
                monitoring and assessment method for a pollutant or 
                nonpoint source effect if the method includes an 
                objective and enforceable limit expressed in numerical 
                terms. Biocriteria shall supplement and shall not 
                supersede other criteria, including numerical 
                criteria.''.
    (b) Information on Protection of Water Supplies.--
            (1) Content.--Section 304(a)(5)(A) of such Act (33 U.S.C. 
        1314(a)(5)(A)) is amended by striking ``for the protection of 
        public water supplies'' and all that follows before the period 
        and inserting ``for the protection of current and potential 
        water supplies and the protection and propagation of a 
        balanced, indigenous population of aquatic and aquatic-
        dependent species, aquatic biodiversity, and habitat 
        maintenance and to allow for protection of public health and to 
        allow for recreational activities in and on the water''.
            (2) Revisions.--The Administrator shall revise information 
        published pursuant to section 304(a)(5)(A) of such Act in 
        accordance with the amendment made by paragraph (1).
    (c) Water Quality Criteria.--Section 304(a) of such Act (33 U.S.C. 
1314(a)) is amended by adding at the end the following new paragraph:
            ``(10) Water quality criteria priority.--In developing and 
        publishing criteria for water quality under paragraph (1), and 
        in making revisions to such criteria under paragraph (9), the 
        Administrator shall give priority to those chemical, physical, 
        and biological parameters associated with degradation of water 
        quality by nonpoint sources of pollution, including--
                    ``(A) total nitrogen, total phosphorus, and other 
                pollutants producing eutrophication effects in 
                waterbodies;
                    ``(B) pesticides in use in the United States;
                    ``(C) average annual sediment loads into 
                waterbodies that will prevent harmful effects on 
                aquatic life and habitat from all sources of sediment, 
                including agricultural, silvicultural, and construction 
                site runoff;
                    ``(D) parameters defining the physical structure of 
                healthy aquatic habitat, including natural streambed 
                formations, streambank and channel structure, and 
                riparian vegetation;
                    ``(E) parameters defining the protection, 
                improvement, and maintenance of flow regime criteria 
                for urban and urbanizing streams, including flow 
                regimes (including peak discharge levels) and limits on 
                the frequency of erosive bankfull flooding events; and
                    ``(F) any pollutant listed pursuant to section 
                307(a)(1) for which no criteria are published.''.

SEC. 302. WATER QUALITY STANDARDS.

    (a) Numerical Criteria for Nonpoint Sources.--Section 303(c)(2)(B) 
of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(2)(B)) is 
amended--
            (1) in the first sentence by inserting ``and all nonpoint 
        source pollutants'' after ``section 307(a)(1) of this Act''; 
        and
            (2) by striking the second sentence and inserting the 
        following: ``Such criteria shall be specific numerical criteria 
        for such toxic and nonpoint source pollutants, including 
        physical and hydrological parameters.''.
    (b) Requirement for Water Quality Standards Promulgated by EPA.--
Section 303(c)(4) of such Act is amended by adding at the end the 
following: ``Any water quality standard promulgated under this 
paragraph shall be at least as protective as the criteria for water 
quality developed under section 304(a)(1).''.

SEC. 303. FEDERAL ANTIDEGRADATION REQUIREMENTS.

    Section 303 of the Federal Water Pollution Control Act (33 U.S.C. 
1313) is amended by adding at the end the following new subsection:
    ``(i) Antidegradation Requirements.--
            ``(1) Regulations.--The Administrator shall issue 
        regulations which--
                    ``(A) extend antidegradation policies and plans 
                that are protective of existing water quality and 
                existing in-stream uses to apply to new and existing 
                sources of nonpoint source pollution in the same manner 
                and to the same extent that such policies and plans 
                apply to point sources of pollution; and
                    ``(B) extend antidegradation policies and plans 
                that are protective of both high quality waters and 
                outstanding national resource waters to apply to land 
                use changes resulting in new or increased nonpoint 
                source pollution to the same extent that such policies 
                and plans apply to point sources of pollution.
            ``(2) Deadlines.--The Administrator shall--
                    ``(A) issue proposed regulations under paragraph 
                (1) not later than 9 months after the date of the 
                enactment of this subsection; and
                    ``(B) issue final regulations under paragraph (1) 
                not later than 12 months after the date of the 
                enactment of this subsection.''.

SEC. 304. IDENTIFICATION OF NEW NONPOINT SOURCES OF POLLUTION.

    Section 304 of the Federal Water Pollution Control Act (33 U.S.C. 
1314) is amended by adding at the end the following new subsection:
    ``(n) Identification of New Nonpoint Sources of Pollution.--
            ``(1) Guidance and procedures.--Not later than 1 year after 
        the date of the enactment of this subsection, the Administrator 
        shall issue guidance and adopt procedures--
                    ``(A) for identifying and recording new land 
                disturbances and alterations (including alterations and 
                disturbances identified pursuant to subsection (f)) 
                which may generate, promote, or increase pollution from 
                nonpoint sources; and
                    ``(B) for ensuring that any new land disturbances 
                or alterations do not cause contravention of any 
                applicable water quality or sediment standard.
            ``(2) Contents.--The guidance to be issued under paragraph 
        (1) shall contain--
                    ``(A) requirements which ensure that in cases in 
                which land use changes result in new sources of water 
                pollution or in increased loads of pollution from 
                existing sources, land owners and operators will (i) 
                notify the State prior to such land use changes, and 
                (ii) install and implement in full at the time of the 
                land use changes enhanced management measures 
                appropriate to the land use category;
                    ``(B) requirements applicable to both publicly and 
                privately owned lands which ensure that an 
                antidegradation review will be conducted concerning 
                residual nonpoint sources of pollution that can be 
                anticipated even after installation and implementation 
                of enhanced management measures pursuant to 
                subparagraph (A); and
                    ``(C) provisions specifying that failure to fully 
                implement such management measures at the time of the 
                land use changes will constitute a violation of the 
                State's management program under section 319, as 
                revised pursuant to section 321.
            ``(3) Land disturbances and alterations defined.--For the 
        purposes of this subsection, the term `land disturbances and 
        alterations' shall not include disturbances and alterations 
        attributed to normal farming and ranching activities such as 
        plowing, seeding, cultivating, or harvesting for the production 
        of food and fiber.
            ``(4) Enhanced management measures defined.--For the 
        purposes of this subsection, the term `enhanced management 
        measures' means measures designed to prevent generation of 
        runoff, incorporating siting, design, and land use management 
        and resource extraction criteria that reflect the most water-
        quality-sensitive practices available for the land use in 
        question within the economic category of the land owner or 
        operator.''.

             TITLE IV--CITIZEN WATERSHED MONITORING PROGRAM

SEC. 401. CITIZEN WATERSHED MONITORING PROGRAM.

    Section 305 of the Federal Water Pollution Control Act (33 U.S.C. 
1315) is amended by adding at the end the following new subsection:
    ``(c) Citizen Watershed Monitoring Program.--
            ``(1) In general.--Each State shall establish and carry out 
        a citizen watershed monitoring program in accordance with the 
        requirements of this subsection.
            ``(2) Implementation.--A State may carry out a citizen 
        watershed monitoring program either directly or by entering 
        into cooperative agreements or contracts with appropriate 
        organizations, including educational institutions.
            ``(3) Participation.--Water quality monitoring under a 
        citizen watershed monitoring program under paragraph (1) shall 
        be conducted by program participants with appropriate 
        qualifications and training. Program participants may include 
        students, farmers, local labor organizations, natural resource 
        conservation districts, environmental groups, and other 
        interested persons.
            ``(4) Training.--A citizen watershed monitoring program 
        under paragraph (1) shall provide for the training and 
        evaluation of all program participants. Such training and 
        evaluation shall be carried out as a continuing component of 
        the program in order to ensure the reliability of data 
        collected under the program.
            ``(5) Quality assurance.--In conducting a citizen watershed 
        monitoring program under paragraph (1), a State shall use 
        quality assurance control procedures described in guidance on 
        planning and implementing volunteer monitoring programs issued 
        by the Environmental Protection Agency or equivalent procedures 
        developed by the State.
            ``(6) Use of data.--Data obtained under a citizen watershed 
        monitoring program under paragraph (1) shall be used to obtain 
        information required under subparagraphs (A) and (E) of 
        subsection (b)(1) and to develop and implement nonpoint source 
        management programs under section 319, as revised pursuant to 
        section 321.
            ``(7) Availability of data.--A State shall make the data 
        collected under a citizen watershed monitoring program under 
        paragraph (1) available for public review.
            ``(8) Funding.--A State shall use 5 percent of the amount 
        made available to the State under section 319(h) in any fiscal 
        year beginning after the date of the enactment of this 
        subsection or $100,000 (whichever amount is greater for such 
        fiscal year) to carry out this subsection.''.

                                 <all>

HR 2543 SC----2
HR 2543 SC----3
HR 2543 SC----4
```