IB 
Union Calendar No. 9 
111TH CONGRESS 
1ST SESSION H. R. 1262 
[Report No. 111–26] 
To amend the Federal Water Pollution Control Act to authorize appropria-
tions for State water pollution control revolving funds, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2009 
Mr. OBERSTAR (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
YOUNG of Alaska, Mrs. TAUSCHER, Mr. BISHOP of New York, Mr. 
LOBIONDO, Mrs. NAPOLITANO, Mr. ARCURI, Mr. PASCRELL, and Mr. 
MCNERNEY) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
MARCH 9, 2009 
Additional sponsors: Ms. NORTON, Mr. CAPUANO, Mr. FILNER, Mr. KAGEN, 
and Ms. EDWARDS of Maryland 
MARCH 9, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 3, 2009] 
A BILL 
To amend the Federal Water Pollution Control Act to au-
thorize appropriations for State water pollution control 
revolving funds, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Water Quality Investment Act of 2009’’. 
(b) TABLE OF CONTENTS.— 
1. Short title; table of contents. 
2. Amendment of Federal Water Pollution Control Act. 
TITLE I—WATER QUALITY FINANCING 
Subtitle A—Technical and Management Assistance 
1101. Technical assistance. 
1102. State management assistance. 
1103. Watershed pilot projects. 
Subtitle B—Construction of Treatment Works 
1201. Sewage collection systems. 
1202. Treatment works defined. 
Subtitle C—State Water Pollution Control Revolving Funds 
1301. General authority for capitalization grants. 
1302. Capitalization grant agreements. 
1303. Water pollution control revolving loan funds. 
1304. Allotment of funds. 
1305. Intended use plan. 
1306. Annual reports. 
1307. Technical assistance; requirements for use of American materials. 
1308. Authorization of appropriations. 
Subtitle D—General Provisions 
1401. Definition of treatment works. 
1402. Funding for Indian programs. 
Subtitle E—Tonnage Duties 
1501. Tonnage duties. 
TITLE II—ALTERNATIVE WATER SOURCE PROJECTS 
2001. Pilot program for alternative water source projects. 
TITLE III—SEWER OVERFLOW CONTROL GRANTS 
3001. Sewer overflow control grants. 
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TITLE IV—MONITORING, REPORTING, AND PUBLIC NOTIFICATION 
OF SEWER OVERFLOWS 
4001. Monitoring, reporting, and public notification of sewer overflows. 
TITLE V—GREAT LAKES LEGACY REAUTHORIZATION 
5001. Remediation of sediment contamination in areas of concern. 
5002. Public information program. 
5003. Contaminated sediment remediation approaches, technologies, and tech-
niques. 
SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON-
TROL ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.). 
TITLE I—WATER QUALITY 
FINANCING 
Subtitle A—Technical and 
Management Assistance 
SEC. 1101. TECHNICAL ASSISTANCE. 
(a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL 
TREATMENT WORKS.—Section 104(b) (33 U.S.C. 1254(b)) 
is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and 
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(3) by adding at the end the following: 
‘‘(8) make grants to nonprofit organizations— 
‘‘(A) to provide technical assistance to rural 
and small municipalities for the purpose of as-
sisting, in consultation with the State in which 
the assistance is provided, such municipalities in 
the planning, developing, and acquisition of fi-
nancing for eligible projects described in section 
603(c); 
‘‘(B) to provide technical assistance and 
training for rural and small publicly owned 
treatment works and decentralized wastewater 
treatment systems to enable such treatment 
works and systems to protect water quality and 
achieve and maintain compliance with the re-
quirements of this Act; and 
‘‘(C) to disseminate information to rural 
and small municipalities and municipalities 
that meet the affordability criteria established 
under section 603(i)(2) by the State in which the 
municipality is located with respect to planning, 
design, construction, and operation of publicly 
owned treatment works and decentralized waste-
water treatment systems.’’. 
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(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
104(u) (33 U.S.C. 1254(u)) is amended— 
(1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘; and (7) not to exceed $100,000,000 for 
each of fiscal years 2010 through 2014 for carrying 
out subsections (b)(3), (b)(8), and (g), except that not 
less than 20 percent of the amounts appropriated pur-
suant to this paragraph in a fiscal year shall be used 
for carrying out subsection (b)(8)’’. 
(c) 
SMALL
FLOWS
CLEARINGHOUSE.—Section 
104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— 
(1) in the first sentence by striking ‘‘$1,000,000’’ 
and inserting ‘‘$3,000,000’’; and 
(2) in the second sentence by striking ‘‘1986’’ 
and inserting ‘‘2011’’. 
SEC. 1102. STATE MANAGEMENT ASSISTANCE. 
Section 106(a) (33 U.S.C. 1256(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the semicolon at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
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‘‘(3) such sums as may be necessary for each of 
fiscal years 1991 through 2009, and $300,000,000 for 
each of fiscal years 2010 through 2014;’’. 
SEC. 1103. WATERSHED PILOT PROJECTS. 
(a) PILOT PROJECTS.—Section 122 (33 U.S.C. 1274) 
is amended— 
(1) in the section heading by striking ‘‘WET 
WEATHER’’; and 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘wet weather discharge’’; 
(B) in paragraph (2) by striking ‘‘in reduc-
ing such pollutants’’ and all that follows before 
the period at the end and inserting ‘‘to manage, 
reduce, treat, or reuse municipal stormwater, in-
cluding low-impact development technologies’’; 
and 
(C) by adding at the end the following: 
‘‘(3) WATERSHED
PARTNERSHIPS.—Efforts of 
municipalities and property owners to demonstrate 
cooperative ways to address nonpoint sources of pollu-
tion to reduce adverse impacts on water quality. 
‘‘(4) INTEGRATED WATER RESOURCE PLAN.—The 
development of an integrated water resource plan for 
the coordinated management and protection of surface 
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water, ground water, and stormwater resources on a 
watershed or subwatershed basis to meet the objectives, 
goals, and policies of this Act.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
122(c)(1) is amended by striking ‘‘for fiscal year 2004’’ and 
inserting ‘‘for each of fiscal years 2004 through 2014’’. 
(c) REPORT TO CONGRESS.—Section 122(d) is amend-
ed by striking ‘‘5 years after the date of enactment of this 
section,’’ and inserting ‘‘October 1, 2011,’’. 
Subtitle B—Construction of 
Treatment Works 
SEC. 1201. SEWAGE COLLECTION SYSTEMS. 
Section 211 (33 U.S.C. 1291) is amended— 
(1) by striking the section heading and all that 
follows through ‘‘(a) No’’ and inserting the following: 
‘‘SEC. 211. SEWAGE COLLECTION SYSTEMS. 
‘‘(a) IN GENERAL.—No’’; 
(2) in subsection (b) by inserting ‘‘POPULATION 
DENSITY.—’’ after ‘‘(b)’’; and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) EXCEPTIONS.— 
‘‘(1) REPLACEMENT
AND
MAJOR
REHABILITA-
TION.—Notwithstanding the requirement of subsection 
(a)(1) concerning the existence of a collection system 
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as a condition of eligibility, a project for replacement 
or major rehabilitation of a collection system existing 
on January 1, 2007, shall be eligible for a grant 
under this title if the project otherwise meets the re-
quirements of subsection (a)(1) and meets the require-
ment of paragraph (3). 
‘‘(2) NEW
SYSTEMS.—Notwithstanding the re-
quirement of subsection (a)(2) concerning the exist-
ence of a community as a condition of eligibility, a 
project for a new collection system to serve a commu-
nity existing on January 1, 2007, shall be eligible for 
a grant under this title if the project otherwise meets 
the requirements of subsection (a)(2) and meets the re-
quirement of paragraph (3). 
‘‘(3) REQUIREMENT.—A project meets the re-
quirement of this paragraph if the purpose of the 
project is to accomplish the objectives, goals, and poli-
cies of this Act by addressing an adverse environ-
mental condition existing on the date of enactment of 
this paragraph.’’. 
SEC. 1202. TREATMENT WORKS DEFINED. 
Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amend-
ed— 
(1) by striking ‘‘any works, including site’’; 
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(2) by striking ‘‘is used for ultimate’’ and insert-
ing ‘‘will be used for ultimate’’; and 
(3) by inserting before the period at the end the 
following: ‘‘and acquisition of other lands, and inter-
ests in lands, which are necessary for construction’’. 
Subtitle C—State Water Pollution 
Control Revolving Funds 
SEC. 1301. GENERAL AUTHORITY FOR CAPITALIZATION 
GRANTS. 
Section 601(a) (33 U.S.C. 1381(a)) is amended by 
striking ‘‘for providing assistance’’ and all that follows 
through the period at the end and inserting the following: 
‘‘to accomplish the objectives, goals, and policies of this Act 
by providing assistance for projects and activities identified 
in section 603(c).’’. 
SEC. 1302. CAPITALIZATION GRANT AGREEMENTS. 
(a) REPORTING INFRASTRUCTURE ASSETS.—Section 
602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by striking 
‘‘standards’’ and inserting ‘‘standards, including standards 
relating to the reporting of infrastructure assets’’. 
(b) ADDITIONAL REQUIREMENTS.—Section 602(b) (33 
U.S.C. 1382(b)) is amended— 
(1) in paragraph (6)— 
(A) by striking ‘‘before fiscal year 1995’’; 
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(B) by striking ‘‘funds directly made avail-
able by capitalization grants under this title and 
section 205(m) of this Act’’ and inserting ‘‘as-
sistance made available by a State water pollu-
tion control revolving fund as authorized under 
this title, or with assistance made available 
under section 205(m), or both,’’; and 
(C) by striking ‘‘201(b)’’ and all that fol-
lows through ‘‘513’’ and inserting ‘‘211 and 
511(c)(1)’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(9); 
(3) by striking the period at the end of para-
graph (10) and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(11) the State will establish, maintain, invest, 
and credit the fund with repayments, such that the 
fund balance will be available in perpetuity for pro-
viding financial assistance in accordance with this 
title; 
‘‘(12) any fees charged by the State to recipients 
of assistance that are considered program income will 
be used for the purpose of financing the cost of ad-
ministering the fund or financing projects or activi-
ties eligible for assistance from the fund; 
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‘‘(13) beginning in fiscal year 2011, the State 
will include as a condition of providing assistance to 
a municipality or intermunicipal, interstate, or State 
agency that the recipient of such assistance certify, in 
a manner determined by the Governor of the State, 
that the recipient— 
‘‘(A) has studied and evaluated the cost and 
effectiveness of the processes, materials, tech-
niques, and technologies for carrying out the pro-
posed project or activity for which assistance is 
sought under this title, and has selected, to the 
extent practicable, a project or activity that 
maximizes the potential for efficient water use, 
reuse, and conservation, and energy conserva-
tion, taking into account the cost of constructing 
the project or activity, the cost of operating and 
maintaining the project or activity over its life, 
and the cost of replacing the project or activity; 
and 
‘‘(B) has considered, to the maximum extent 
practicable and as determined appropriate by 
the recipient, the costs and effectiveness of other 
design, management, and financing approaches 
for carrying out a project or activity for which 
assistance is sought under this title, taking into 
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account the cost of constructing the project or ac-
tivity, the cost of operating and maintaining the 
project or activity over its life, and the cost of 
replacing the project or activity; 
‘‘(14) the State will use at least 10 percent of the 
amount of each capitalization grant received by the 
State under this title after September 30, 2010, to 
provide assistance to municipalities of fewer than 
10,000 individuals that meet the affordability criteria 
established by the State under section 603(i)(2) for 
activities included on the State’s priority list estab-
lished under section 603(g), to the extent that there 
are sufficient applications for such assistance; 
‘‘(15) a contract to be carried out using funds 
directly made available by a capitalization grant 
under this title for program management, construc-
tion management, feasibility studies, preliminary en-
gineering, design, engineering, surveying, mapping, 
or architectural related services shall be negotiated in 
the same manner as a contract for architectural and 
engineering services is negotiated under chapter 11 of 
title 40, United States Code, or an equivalent State 
qualifications-based requirement (as determined by 
the Governor of the State); and 
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‘‘(16) the requirements of section 513 will apply 
to the construction of treatment works carried out in 
whole or in part with assistance made available by 
a State water pollution control revolving fund as au-
thorized under this title, or with assistance made 
available under section 205(m), or both, in the same 
manner as treatment works for which grants are 
made under this Act.’’. 
SEC. 1303. WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS. 
(a) PROJECTS AND ACTIVITIES ELIGIBLE FOR ASSIST-
ANCE.—Section 603(c) (33 U.S.C. 1383(c)) is amended to 
read as follows: 
‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS-
SISTANCE.—The amounts of funds available to each State 
water pollution control revolving fund shall be used only 
for providing financial assistance— 
‘‘(1) to any municipality or intermunicipal, 
interstate, or State agency for construction of publicly 
owned treatment works; 
‘‘(2) for the implementation of a management 
program established under section 319; 
‘‘(3) for development and implementation of a 
conservation and management plan under section 
320; 
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‘‘(4) for the implementation of lake protection 
programs and projects under section 314; 
‘‘(5) for repair or replacement of decentralized 
wastewater treatment systems that treat domestic sew-
age; 
‘‘(6) for measures to manage, reduce, treat, or 
reuse municipal stormwater, agricultural stormwater, 
and return flows from irrigated agriculture; 
‘‘(7) to any municipality or intermunicipal, 
interstate, or State agency for measures to reduce the 
demand for publicly owned treatment works capacity 
through water conservation, efficiency, or reuse; and 
‘‘(8) for the development and implementation of 
watershed projects meeting the criteria set forth in 
section 122.’’. 
(b) 
EXTENDED
REPAYMENT
PERIOD.—Section 
603(d)(1) (33 U.S.C. 1383(d)(1)) is amended— 
(1) in subparagraph (A) by striking ‘‘20 years’’ 
and inserting ‘‘the lesser of 30 years or the design life 
of the project to be financed with the proceeds of the 
loan’’; and 
(2) in subparagraph (B) by striking ‘‘not later 
than 20 years after project completion’’ and inserting 
‘‘upon the expiration of the term of the loan’’. 
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(c) FISCAL SUSTAINABILITY PLAN.—Section 603(d)(1) 
(33 U.S.C. 1383(d)(1)) is further amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by adding at the end the following: 
‘‘(E) for any portion of a treatment works 
proposed for repair, replacement, or expansion, 
and 
eligible 
for 
assistance 
under 
section 
603(c)(1), the recipient of a loan will develop 
and implement a fiscal sustainability plan that 
includes— 
‘‘(i) an inventory of critical assets that 
are a part of that portion of the treatment 
works; 
‘‘(ii) an evaluation of the condition 
and performance of inventoried assets or 
asset groupings; and 
‘‘(iii) a plan for maintaining, repair-
ing, and, as necessary, replacing that por-
tion of the treatment works and a plan for 
funding such activities;’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 603(d)(7) 
(33 U.S.C. 1383(d)(7)) is amended by inserting before the 
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period at the end the following: ‘‘, $400,000 per year, or 
1⁄5 percent per year of the current valuation of the fund, 
whichever amount is greatest, plus the amount of any fees 
collected by the State for such purpose regardless of the 
source’’. 
(e) TECHNICAL
AND
PLANNING
ASSISTANCE
FOR 
SMALL SYSTEMS.—Section 603(d) (33 U.S.C. 1383(d)) is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) to provide grants to owners and operators 
of treatment works that serve a population of 10,000 
or fewer for obtaining technical and planning assist-
ance and assistance in financial management, user 
fee analysis, budgeting, capital improvement plan-
ning, facility operation and maintenance, equipment 
replacement, repair schedules, and other activities to 
improve wastewater treatment plant management 
and operations, except that the total amount provided 
by the State in grants under this paragraph for a fis-
cal year may not exceed one percent of the total 
amount of assistance provided by the State from the 
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fund in the preceding fiscal year, or 2 percent of the 
total amount received by the State in capitalization 
grants under this title in the preceding fiscal year, 
whichever amount is greatest; and 
‘‘(9) to provide grants to owners and operators 
of treatment works for conducting an assessment of 
the energy and water consumption of the treatment 
works, and evaluating potential opportunities for en-
ergy and water conservation through facility oper-
ation and maintenance, equipment replacement, and 
projects or activities that promote the efficient use of 
energy and water by the treatment works, except that 
the total amount provided by the State in grants 
under this paragraph for a fiscal year may not exceed 
one percent of the total amount of assistance provided 
by the State from the fund in the preceding fiscal 
year, or 2 percent of the total amount received by the 
State in capitalization grants under this title in the 
preceding fiscal year, whichever amount is greatest.’’. 
(f) ADDITIONAL SUBSIDIZATION.—Section 603 (33 
U.S.C. 1383) is amended by adding at the end the following: 
‘‘(i) ADDITIONAL SUBSIDIZATION.— 
‘‘(1) IN
GENERAL.—In any case in which a 
State provides assistance to a municipality or inter-
municipal, interstate, or State agency under sub-
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section (d), the State may provide additional sub-
sidization, including forgiveness of principal and neg-
ative interest loans— 
‘‘(A) to benefit a municipality that— 
‘‘(i) meets the State’s affordability cri-
teria established under paragraph (2); or 
‘‘(ii) does not meet the State’s afford-
ability criteria if the recipient— 
‘‘(I) seeks additional subsidization 
to benefit individual ratepayers in the 
residential user rate class; 
‘‘(II) demonstrates to the State 
that such ratepayers will experience a 
significant hardship from the increase 
in rates necessary to finance the 
project or activity for which assistance 
is sought; and 
‘‘(III) ensures, as part of an as-
sistance agreement between the State 
and the recipient, that the additional 
subsidization 
provided 
under 
this 
paragraph is directed through a user 
charge rate system (or other appro-
priate method) to such ratepayers; or 
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‘‘(B) to implement a process, material, tech-
nique, or technology to address water-efficiency 
goals, address energy-efficiency goals, mitigate 
stormwater runoff, or encourage environmentally 
sensitive project planning, design, and construc-
tion. 
‘‘(2) AFFORDABILITY CRITERIA.— 
‘‘(A) ESTABLISHMENT.—On or before Sep-
tember 30, 2010, and after providing notice and 
an opportunity for public comment, a State shall 
establish affordability criteria to assist in identi-
fying municipalities that would experience a sig-
nificant hardship raising the revenue necessary 
to finance a project or activity eligible for assist-
ance under section 603(c)(1) if additional sub-
sidization is not provided. Such criteria shall be 
based on income data, population trends, and 
other data determined relevant by the State. 
‘‘(B) EXISTING CRITERIA.—If a State has 
previously established, after providing notice and 
an opportunity for public comment, affordability 
criteria that meet the requirements of subpara-
graph (A), the State may use the criteria for the 
purposes of this subsection. For purposes of this 
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Act, any such criteria shall be treated as afford-
ability criteria established under this paragraph. 
‘‘(C) INFORMATION
TO
ASSIST
STATES.— 
The Administrator may publish information to 
assist States in establishing affordability criteria 
under subparagraph (A). 
‘‘(3) PRIORITY.—A State may give priority to a 
recipient for a project or activity eligible for funding 
under section 603(c)(1) if the recipient meets the 
State’s affordability criteria. 
‘‘(4) SET-ASIDE.— 
‘‘(A) IN GENERAL.—In any fiscal year in 
which the Administrator has available for obliga-
tion more than $1,000,000,000 for the purposes 
of this title, a State shall provide additional sub-
sidization under this subsection in the amount 
specified in subparagraph (B) to eligible entities 
described in paragraph (1) for projects and ac-
tivities identified in the State’s intended use 
plan prepared under section 606(c) to the extent 
that there are sufficient applications for such as-
sistance. 
‘‘(B) AMOUNT.—In a fiscal year described 
in subparagraph (A), a State shall set aside for 
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purposes of subparagraph (A) an amount not 
less than 25 percent of the difference between— 
‘‘(i) the total amount that would have 
been allotted to the State under section 604 
for such fiscal year if the amount available 
to the Administrator for obligation under 
this title for such fiscal year had been equal 
to $1,000,000,000; and 
‘‘(ii) the total amount allotted to the 
State under section 604 for such fiscal year. 
‘‘(5) LIMITATION.—The total amount of addi-
tional subsidization provided under this subsection by 
a State may not exceed 30 percent of the total amount 
of capitalization grants received by the State under 
this title in fiscal years beginning after September 30, 
2009.’’. 
SEC. 1304. ALLOTMENT OF FUNDS. 
(a) IN GENERAL.—Section 604(a) (33 U.S.C. 1384(a)) 
is amended to read as follows: 
‘‘(a) ALLOTMENTS.— 
‘‘(1) FISCAL YEARS 2010 AND 2011.—Sums appro-
priated to carry out this title for each of fiscal years 
2010 and 2011 shall be allotted by the Administrator 
in accordance with the formula used to allot sums ap-
propriated to carry out this title for fiscal year 2009. 
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‘‘(2) FISCAL
YEAR
2012
AND
THEREAFTER.— 
Sums appropriated to carry out this title for fiscal 
year 2012 and each fiscal year thereafter shall be al-
lotted by the Administrator as follows: 
‘‘(A) 
Amounts 
that 
do 
not 
exceed 
$1,350,000,000 shall be allotted in accordance 
with the formula described in paragraph (1). 
‘‘(B) Amounts that exceed $1,350,000,000 
shall be allotted in accordance with the formula 
developed by the Administrator under subsection 
(d).’’. 
(b) PLANNING
ASSISTANCE.—Section 604(b) (33 
U.S.C. 1384(b)) is amended by striking ‘‘1 percent’’ and 
inserting ‘‘2 percent’’. 
(c) FORMULA.—Section 604 (33 U.S.C. 1384) is 
amended by adding at the end the following: 
‘‘(d) FORMULA BASED ON WATER QUALITY NEEDS.— 
Not later than September 30, 2011, and after providing no-
tice and an opportunity for public comment, the Adminis-
trator shall publish an allotment formula based on water 
quality needs in accordance with the most recent survey of 
needs developed by the Administrator under section 
516(b).’’. 
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SEC. 1305. INTENDED USE PLAN. 
(a) INTEGRATED PRIORITY LIST.—Section 603(g) (33 
U.S.C. 1383(g)) is amended to read as follows: 
‘‘(g) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—For fiscal year 2011 and 
each fiscal year thereafter, a State shall establish or 
update a list of projects and activities for which as-
sistance is sought from the State’s water pollution 
control revolving fund. Such projects and activities 
shall be listed in priority order based on the method-
ology established under paragraph (2). The State may 
provide financial assistance from the State’s water 
pollution control revolving fund only with respect to 
a project or activity included on such list. In the case 
of projects and activities eligible for assistance under 
section 603(c)(2), the State may include a category or 
subcategory of nonpoint sources of pollution on such 
list in lieu of a specific project or activity. 
‘‘(2) METHODOLOGY.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this paragraph, 
and after providing notice and opportunity for 
public comment, each State (acting through the 
State’s water quality management agency and 
other appropriate agencies of the State) shall es-
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tablish a methodology for developing a priority 
list under paragraph (1). 
‘‘(B) PRIORITY FOR PROJECTS AND ACTIVI-
TIES THAT ACHIEVE GREATEST WATER QUALITY 
IMPROVEMENT.—In developing the methodology, 
the State shall seek to achieve the greatest degree 
of water quality improvement, taking into con-
sideration the requirements of section 602(b)(5) 
and section 603(i)(3), whether such water qual-
ity improvements would be realized without as-
sistance under this title, and whether the pro-
posed projects and activities would address water 
quality impairments associated with existing 
treatment works. 
‘‘(C) 
CONSIDERATIONS
IN
SELECTING 
PROJECTS
AND
ACTIVITIES.—In determining 
which projects and activities will achieve the 
greatest degree of water quality improvement, the 
State shall consider— 
‘‘(i) information developed by the State 
under sections 303(d) and 305(b); 
‘‘(ii) the State’s continuing planning 
process developed under section 303(e); 
‘‘(iii) the State’s management program 
developed under section 319; and 
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‘‘(iv) conservation and management 
plans developed under section 320. 
‘‘(D) NONPOINT SOURCES.—For categories 
or subcategories of nonpoint sources of pollution 
that a State may include on its priority list 
under paragraph (1), the State shall consider the 
cumulative water quality improvements associ-
ated with projects or activities in such categories 
or subcategories. 
‘‘(E) EXISTING
METHODOLOGIES.—If a 
State has previously developed, after providing 
notice and an opportunity for public comment, 
a methodology that meets the requirements of 
this paragraph, the State may use the method-
ology for the purposes of this subsection.’’. 
(b) INTENDED USE PLAN.—Section 606(c) (33 U.S.C. 
1386(c)) is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘each State shall annually prepare’’ and in-
serting ‘‘each State (acting through the State’s water 
quality management agency and other appropriate 
agencies of the State) shall annually prepare and 
publish’’; 
(2) by striking paragraph (1) and inserting the 
following: 
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‘‘(1) the State’s priority list developed under sec-
tion 603(g);’’; 
(3) in paragraph (4)— 
(A) by striking ‘‘and (6)’’ and inserting 
‘‘(6), (15), and (17)’’; and 
(B) by striking ‘‘and’’ at the end; 
(4) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(6) if the State does not fund projects and ac-
tivities in the order of the priority established under 
section 603(g), an explanation of why such a change 
in order is appropriate.’’. 
(c) TRANSITIONAL PROVISION.—Before completion of 
a priority list based on a methodology established under 
section 603(g) of the Federal Water Pollution Control Act 
(as amended by this section), a State shall continue to com-
ply with the requirements of sections 603(g) and 606(c) of 
such Act, as in effect on the day before the date of enactment 
of this Act. 
SEC. 1306. ANNUAL REPORTS. 
Section 606(d) (33 U.S.C. 1386(d)) is amended by in-
serting ‘‘the eligible purpose under section 603(c) for which 
the assistance is provided,’’ after ‘‘loan amounts,’’. 
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SEC. 1307. TECHNICAL ASSISTANCE; REQUIREMENTS FOR 
USE OF AMERICAN MATERIALS. 
Title VI (33 U.S.C. 1381 et seq.) is amended— 
(1) by redesignating section 607 as section 609; 
and 
(2) by inserting after section 606 the following: 
‘‘SEC. 607. TECHNICAL ASSISTANCE. 
‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 
year after the date of enactment of this section, the Admin-
istrator shall assist the States in establishing simplified 
procedures for treatment works to obtain assistance under 
this title. 
‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 
years after the date of the enactment of this section, and 
after providing notice and opportunity for public comment, 
the Administrator shall publish a manual to assist treat-
ment works in obtaining assistance under this title and 
publish in the Federal Register notice of the availability 
of the manual. 
‘‘(c) COMPLIANCE CRITERIA.—At the request of any 
State, the Administrator, after providing notice and an op-
portunity for public comment, shall assist in the develop-
ment of criteria for a State to determine compliance with 
the conditions of funding assistance established under sec-
tions 602(b)(13) and 603(d)(1)(E). 
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(3) in the headings of sections in chapter 603, by 
striking ‘‘taxes’’ each place it appears and inserting 
‘‘duties’’; 
(4) in the heading for subsection (a) of section 
60303, by striking ‘‘TAX’’ and inserting ‘‘DUTY’’; 
(5) in the text of sections in chapter 603, by 
striking ‘‘taxes’’ each place it appears and inserting 
‘‘duties’’; and 
(6) in the text of sections in chapter 603, by 
striking ‘‘tax’’ each place it appears and inserting 
‘‘duty’’. 
(d) CLERICAL AMENDMENTS.—Such title is further 
amended— 
(1) in the title analysis by striking the item re-
lating to subtitle VI and inserting the following: 
‘‘VI. CLEARANCE AND TONNAGE DUTIES ..............................60101’’; 
(2) in the analysis for subtitle VI by striking the 
item relating to chapter 603 and inserting the fol-
lowing: 
‘‘603. Tonnage Duties and Light Money ........................................................ 60301’’; 
and 
(3) in the analysis for chapter 603— 
(A) by striking the items relating to sections 
60301 and 60302 and inserting the following: 
‘‘60301. Regular tonnage duties. 
‘‘60302. Special tonnage duties.’’; 
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