‘‘SEC. 608. REQUIREMENTS FOR USE OF AMERICAN MATE-
RIALS. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, none of the funds made available by a State 
water pollution control revolving fund as authorized under 
this title may be used for the construction of treatment 
works unless the steel, iron, and manufactured goods used 
in such treatment works are produced in the United States. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case in which the Administrator (in consultation with 
the Governor of the State) finds that— 
‘‘(1) applying subsection (a) would be incon-
sistent with the public interest; 
‘‘(2) steel, iron, and manufactured goods are not 
produced in the United States in sufficient and rea-
sonably available quantities and of a satisfactory 
quality; or 
‘‘(3) inclusion of steel, iron, and manufactured 
goods produced in the United States will increase the 
cost of the overall project by more than 25 percent. 
‘‘(c) PUBLIC NOTIFICATION AND WRITTEN JUSTIFICA-
TION FOR WAIVER.—If the Administrator determines that 
it is necessary to waive the application of subsection (a) 
based on a finding under subsection (b), the Administrator 
shall— 
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‘‘(1) not less than 15 days prior to waiving ap-
plication of subsection (a), provide public notice and 
the opportunity to comment on the Administrator’s 
intent to issue such waiver; and 
‘‘(2) upon issuing such waiver, publish in the 
Federal Register a detailed written justification as to 
why the provision is being waived. 
‘‘(d) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements.’’. 
SEC. 1308. AUTHORIZATION OF APPROPRIATIONS. 
Section 609 (as redesignated by section 1307 of this 
Act) is amended by striking paragraphs (1) through (5) and 
inserting the following: 
‘‘(1) $2,400,000,000 for fiscal year 2010; 
‘‘(2) $2,700,000,000 for fiscal year 2011; 
‘‘(3) $2,800,000,000 for fiscal year 2012; 
‘‘(4) $2,900,000,000 for fiscal year 2013; and 
‘‘(5) $3,000,000,000 for fiscal year 2014.’’. 
Subtitle D—General Provisions 
SEC. 1401. DEFINITION OF TREATMENT WORKS. 
Section 502 (33 U.S.C. 1362) is amended by adding 
at the end the following: 
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‘‘(26) TREATMENT WORKS.—The term ‘treatment 
works’ has the meaning given that term in section 
212.’’. 
SEC. 1402. FUNDING FOR INDIAN PROGRAMS. 
Section 518(c) (33 U.S.C. 1377) is amended— 
(1) by striking ‘‘The Administrator’’ and insert-
ing the following: 
‘‘(1) FISCAL
YEARS
1987–2008.—The Adminis-
trator’’; 
(2) in paragraph (1) (as so designated)— 
(A) by inserting ‘‘and ending before October 
1, 2008,’’ after ‘‘1986,’’; and 
(B) by striking the second sentence; and 
(3) by adding at the end the following: 
‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.—For 
fiscal year 2009 and each fiscal year thereafter, the 
Administrator shall reserve, before allotments to the 
States under section 604(a), not less than 0.5 percent 
and not more than 1.5 percent of the funds made 
available to carry out title VI. 
‘‘(3) USE OF FUNDS.—Funds reserved under this 
subsection shall be available only for grants for 
projects and activities eligible for assistance under 
section 603(c) to serve— 
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‘‘(A) Indian tribes (as defined in section 
518(h)); 
‘‘(B) former Indian reservations in Okla-
homa (as determined by the Secretary of the In-
terior); and 
‘‘(C) Native villages (as defined in section 3 
of the Alaska Native Claims Settlement Act (43 
U.S.C. 1602)).’’. 
Subtitle E—Tonnage Duties 
SEC. 1501. TONNAGE DUTIES. 
(a) IN GENERAL.—Section 60301 of title 46, United 
State Code, is amended by striking subsections (a) and (b) 
and inserting the following: 
‘‘(a) LOWER RATE.— 
‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 
at the rate described in paragraph (2) at each entry 
in a port of the United States of— 
‘‘(A) a vessel entering from a foreign port or 
place in North America, Central America, the 
West Indies Islands, the Bahama Islands, the 
Bermuda Islands, or the coast of South America 
bordering the Caribbean Sea; or 
‘‘(B) a vessel returning to the same port or 
place in the United States from which it de-
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parted, and not entering the United States from 
another port or place, except— 
‘‘(i) a vessel of the United States; 
‘‘(ii) a recreational vessel (as defined 
in section 2101 of this title); or 
‘‘(iii) a barge. 
‘‘(2) RATE.—The rate referred to in paragraph 
(1) shall be— 
‘‘(A) 4.5 cents per ton (but not more than 
a total of 22.5 cents per ton per year) for fiscal 
years 2006 through 2009; 
‘‘(B) 9.0 cents per ton (but not more than 
a total of 45 cents per ton per year) for fiscal 
years 2010 through 2019; and 
‘‘(C) 2 cents per ton (but not more than a 
total of 10 cents per ton per year) for each fiscal 
year thereafter. 
‘‘(b) HIGHER RATE.— 
‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 
at the rate described in paragraph (2) on a vessel at 
each entry in a port of the United States from a for-
eign port or place not named in subsection (a)(1). 
‘‘(2) RATE.—The rate referred to in paragraph 
(1) shall be— 
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‘‘(A) 13.5 cents per ton (but not more than 
a total of 67.5 cents per ton per year) for fiscal 
years 2006 through 2009; 
‘‘(B) 27 cents per ton (but not more than a 
total of $1.35 per ton per year) for fiscal years 
2010 through 2019, and 
‘‘(C) 6 cents per ton (but not more than a 
total of 30 cents per ton per year) for each fiscal 
year thereafter.’’. 
(b) LIABILITY
IN REM.—Chapter 603 of title 46, 
United States Code, is amended by adding at the end the 
following: 
‘‘§ 60313. Liability in rem for costs 
‘‘A vessel is liable in rem for any amount due under 
this chapter for that vessel and may be proceeded against 
for that liability in the United States district court for any 
district in which the vessel may be found.’’. 
(c) CONFORMING AMENDMENTS.—Such title is further 
amended— 
(1) by striking the heading for subtitle VI and 
inserting the following: 
‘‘Subtitle VI—Clearance and 
Tonnage Duties’’; 
(2) in the heading for chapter 603, by striking 
‘‘TAXES’’ and inserting ‘‘DUTIES’’; 
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(B) by striking the item relating to section 
60304 and inserting the following: 
‘‘60304. Presidential suspension of tonnage duties and light money.’’; 
and 
(C) by adding at the end the following: 
‘‘60313. Liability in rem for costs.’’. 
TITLE II—ALTERNATIVE WATER 
SOURCE PROJECTS 
SEC. 2001. PILOT PROGRAM FOR ALTERNATIVE WATER 
SOURCE PROJECTS. 
(a) SELECTION OF PROJECTS.—Section 220(d)(2) (33 
U.S.C. 1300(d)(2)) is amended by inserting before the pe-
riod at the end the following: ‘‘or whether the project is lo-
cated in an area which is served by a public water system 
serving 10,000 individuals or fewer’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
220(j) (33 U.S.C. 1300(j)) is amended by striking 
‘‘$75,000,000 for fiscal years 2002 through 2004’’ and in-
serting ‘‘$50,000,000 for each of fiscal years 2010 through 
2014’’. 
TITLE III—SEWER OVERFLOW 
CONTROL GRANTS 
SEC. 3001. SEWER OVERFLOW CONTROL GRANTS. 
(a) ADMINISTRATIVE REQUIREMENTS.—Section 221(e) 
(33 U.S.C. 1301(e)) is amended to read as follows: 
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‘‘(e) ADMINISTRATIVE
REQUIREMENTS.—A project 
that receives assistance under this section shall be carried 
out subject to the same requirements as a project that re-
ceives assistance from a State water pollution control re-
volving fund under title VI, except to the extent that the 
Governor of the State in which the project is located deter-
mines that a requirement of title VI is inconsistent with 
the purposes of this section.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—The first 
sentence of section 221(f) (33 U.S.C. 1301(f)) is amended 
by striking ‘‘this section $750,000,000’’ and all that follows 
through the period at the end and inserting ‘‘this section 
$250,000,000 for fiscal year 2010, $300,000,000 for fiscal 
year 2011, $350,000,000 for fiscal year 2012, $400,000,000 
for fiscal year 2013, and $500,000,000 for fiscal year 
2014.’’. 
(c) ALLOCATION OF FUNDS.—Section 221(g) of such 
Act (33 U.S.C. 1301(g)) is amended to read as follows: 
‘‘(g) ALLOCATION OF FUNDS.— 
‘‘(1) FISCAL YEAR 2010.—Subject to subsection 
(h), the Administrator shall use the amounts appro-
priated to carry out this section for fiscal year 2010 
for making grants to municipalities and municipal 
entities under subsection (a)(2) in accordance with 
the criteria set forth in subsection (b). 
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‘‘(2) FISCAL YEAR 2011 AND THEREAFTER.—Sub-
ject to subsection (h), the Administrator shall use the 
amounts appropriated to carry out this section for 
fiscal year 2011 and each fiscal year thereafter for 
making grants to States under subsection (a)(1) in 
accordance with a formula to be established by the 
Administrator, after providing notice and an oppor-
tunity for public comment, that allocates to each 
State a proportional share of such amounts based on 
the total needs of the State for municipal combined 
sewer overflow controls and sanitary sewer overflow 
controls identified in the most recent survey con-
ducted pursuant to section 516.’’. 
(d) REPORTS.—The first sentence of section 221(i) (33 
U.S.C. 1301(i)) is amended by striking ‘‘2003’’ and insert-
ing ‘‘2012’’. 
TITLE 
IV—MONITORING, 
RE-
PORTING, AND PUBLIC NOTI-
FICATION OF SEWER OVER-
FLOWS 
SEC. 4001. MONITORING, REPORTING, AND PUBLIC NOTIFI-
CATION OF SEWER OVERFLOWS. 
Section 402 (33 U.S.C. 1342) is amended by adding 
at the end the following: 
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‘‘(s) SEWER OVERFLOW MONITORING, REPORTING, 
AND NOTIFICATIONS.— 
‘‘(1) GENERAL REQUIREMENTS.—After the last 
day of the 180-day period beginning on the date on 
which regulations are issued under paragraph (4), a 
permit issued, renewed, or modified under this section 
by the Administrator or the State, as the case may 
be, for a publicly owned treatment works shall re-
quire, at a minimum, beginning on the date of the 
issuance, modification, or renewal, that the owner or 
operator of the treatment works— 
‘‘(A) institute and utilize a feasible method-
ology, technology, or management program for 
monitoring sewer overflows to alert the owner or 
operator to the occurrence of a sewer overflow in 
a timely manner; 
‘‘(B) in the case of a sewer overflow that has 
the potential to affect human health, notify the 
public of the overflow as soon as practicable but 
not later than 24 hours after the time the owner 
or operator knows of the overflow; 
‘‘(C) in the case of a sewer overflow that 
may imminently and substantially endanger 
human health, notify public health authorities 
and other affected entities, such as public water 
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systems, of the overflow immediately after the 
owner or operator knows of the overflow; 
‘‘(D) report each sewer overflow on its dis-
charge monitoring report to the Administrator or 
the State, as the case may be, by describing— 
‘‘(i) the magnitude, duration, and sus-
pected cause of the overflow; 
‘‘(ii) the steps taken or planned to re-
duce, eliminate, or prevent recurrence of the 
overflow; and 
‘‘(iii) the steps taken or planned to 
mitigate the impact of the overflow; and 
‘‘(E) annually report to the Administrator 
or the State, as the case may be, the total num-
ber of sewer overflows in a calendar year, includ-
ing— 
‘‘(i) the details of how much waste-
water was released per incident; 
‘‘(ii) the duration of each sewer over-
flow; 
‘‘(iii) the location of the overflow and 
any potentially affected receiving waters; 
‘‘(iv) the responses taken to clean up 
the overflow; and 
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‘‘(v) the actions taken to mitigate im-
pacts and avoid further sewer overflows at 
the site. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) NOTIFICATION
REQUIREMENTS.—The 
notification requirements of paragraphs (1)(B) 
and (1)(C) shall not apply to a sewer overflow 
that is a wastewater backup into a single-family 
residence. 
‘‘(B) REPORTING REQUIREMENTS.—The re-
porting requirements of paragraphs (1)(D) and 
(1)(E) shall not apply to a sewer overflow that 
is a release of wastewater that occurs in the 
course of maintenance of the treatment works, is 
managed consistently with the treatment works’ 
best management practices, and is intended to 
prevent sewer overflows. 
‘‘(3) REPORT TO EPA.—Each State shall provide 
to the Administrator annually a summary of sewer 
overflows that occurred in the State. 
‘‘(4) RULEMAKING BY EPA.—Not later than one 
year after the date of enactment of this subsection, the 
Administrator, after providing notice and an oppor-
tunity for public comment, shall issue regulations to 
implement this subsection, including regulations to— 
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‘‘(A) establish a set of criteria to guide the 
owner or operator of a publicly owned treatment 
works in— 
‘‘(i) assessing whether a sewer overflow 
has the potential to affect human health or 
may imminently and substantially endan-
ger human health; and 
‘‘(ii) developing communication meas-
ures that are sufficient to give notice under 
paragraphs (1)(B) and (1)(C); and 
‘‘(B) define the terms ‘feasible’ and ‘timely’ 
as such terms apply to paragraph (1)(A), includ-
ing site specific conditions. 
‘‘(5) APPROVAL
OF
STATE
NOTIFICATION
PRO-
GRAMS.— 
‘‘(A) REQUESTS FOR APPROVAL.— 
‘‘(i) IN GENERAL.—After the date of 
issuance of regulations under paragraph 
(4), a State may submit to the Adminis-
trator evidence that the State has in place 
a legally enforceable notification program 
that is substantially equivalent to or exceeds 
the requirements of paragraphs (1)(B) and 
(1)(C). 
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‘‘(ii) PROGRAM REVIEW AND AUTHOR-
IZATION.—If the evidence submitted by a 
State under clause (i) shows the notification 
program of the State to be substantially 
equivalent to or exceeds the requirements of 
paragraphs (1)(B) and (1)(C), the Adminis-
trator shall authorize the State to carry out 
such program instead of the requirements of 
paragraphs (1)(B) and (1)(C). 
‘‘(iii) FACTORS
FOR
DETERMINING 
SUBSTANTIAL
EQUIVALENCY.—In carrying 
out a review of a State notification pro-
gram under clause (ii), the Administrator 
shall take into account the scope of sewer 
overflows for which notification is required, 
the length of time during which notification 
must be made, the scope of persons who 
must be notified of sewer overflows, the 
scope of enforcement activities ensuring that 
notifications of sewer overflows are made, 
and such other factors as the Administrator 
considers appropriate. 
‘‘(B) REVIEW PERIOD.—If a State submits 
evidence with respect to a notification program 
under subparagraph (A)(i) on or before the last 
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day of the 30-day period beginning on the date 
of issuance of regulations under paragraph (4), 
the requirements of paragraphs (1)(B) and 
(1)(C) shall not begin to apply to a publicly 
owned treatment works located in the State until 
the date on which the Administrator completes a 
review of the notification program under sub-
paragraph (A)(ii). 
‘‘(C) WITHDRAWAL OF AUTHORIZATION.—If 
the Administrator, after conducting a public 
hearing, determines that a State is not admin-
istering and enforcing a State notification pro-
gram authorized under subparagraph (A)(ii) in 
accordance with the requirements of this para-
graph, the Administrator shall so notify the 
State and, if appropriate corrective action is not 
taken within a reasonable time, not to exceed 90 
days, the Administrator shall withdraw author-
ization of such program and enforce the require-
ments of paragraphs (1)(B) and (1)(C) with re-
spect to the State. 
‘‘(6) SPECIAL RULES CONCERNING APPLICATION 
OF NOTIFICATION REQUIREMENTS.—After the last day 
of the 30-day period beginning on the date of issuance 
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of regulations under paragraph (4), the requirements 
of paragraphs (1)(B) and (1)(C) shall— 
‘‘(A) apply to the owner or operator of a 
publicly owned treatment works and be subject to 
enforcement under section 309, and 
‘‘(B) supersede any notification require-
ments contained in a permit issued under this 
section for the treatment works to the extent that 
the notification requirements are less stringent 
than the notification requirements of paragraphs 
(1)(B) and (1)(C), 
until such date as a permit is issued, renewed, or 
modified under this section for the treatment works in 
accordance with paragraph (1). 
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SANITARY
SEWER
OVERFLOW.—The 
term ‘sanitary sewer overflow’ means an over-
flow, spill, release, or diversion of wastewater 
from a sanitary sewer system. Such term does 
not include municipal combined sewer overflows 
or other discharges from the combined portion of 
a municipal combined storm and sanitary sewer 
system and does not include wastewater backups 
into buildings caused by a blockage or other mal-
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function of a building lateral that is privately 
owned. Such term includes overflows or releases 
of wastewater that reach waters of the United 
States, overflows or releases of wastewater in the 
United States that do not reach waters of the 
United States, and wastewater backups into 
buildings that are caused by blockages or flow 
conditions in a sanitary sewer other than a 
building lateral. 
‘‘(B) SEWER OVERFLOW.—The term ‘sewer 
overflow’ means a sanitary sewer overflow or a 
municipal combined sewer overflow. 
‘‘(C) 
SINGLE-FAMILY
RESIDENCE.—The 
term ‘single-family residence’ means an indi-
vidual dwelling unit, including an apartment, 
condominium, house, or dormitory. Such term 
does not include the common areas of a multi- 
dwelling structure.’’. 
TITLE V—GREAT LAKES LEGACY 
REAUTHORIZATION 
SEC. 5001. REMEDIATION OF SEDIMENT CONTAMINATION 
IN AREAS OF CONCERN. 
Section 118(c)(12)(H) of the Federal Water Pollution 
Control Act (33 U.S.C. 1268(c)(12)(H)) is amended by 
striking clause (i) and inserting the following: 
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‘‘(i) IN
GENERAL.—In addition to 
other amounts authorized under this sec-
tion, there is authorized to be appropriated 
to carry out this paragraph— 
‘‘(I) $50,000,000 for each of the 
fiscal years 2004 through 2009; and 
‘‘(II) $150,000,000 for each of the 
fiscal years 2010 through 2014.’’. 
SEC. 5002. PUBLIC INFORMATION PROGRAM. 
Section 118(c)(13)(B) (33 U.S.C. 1268(c)(13)(B)) is 
amended by striking ‘‘2010’’ and inserting ‘‘2014’’. 
SEC. 5003. CONTAMINATED SEDIMENT REMEDIATION AP-
PROACHES, 
TECHNOLOGIES, 
AND 
TECH-
NIQUES. 
Section 106(b) of the Great Lakes Legacy Act of 2002 
(33 U.S.C. 1271a(b)) is amended by striking paragraph (1) 
and inserting the following: 
‘‘(1) IN GENERAL.—In addition to amounts au-
thorized under other laws, there is authorized to be 
appropriated to carry out this section— 
‘‘(A) $3,000,000 for each of the fiscal years 
2004 through 2009; and 
‘‘(B) $5,000,000 for each of the fiscal years 
2010 through 2014.’’. 
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VerDate Nov 24 2008 
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Union Calendar No. 9 
111TH CONGRESS 
1ST SESSION 
H. R. 1262 
[Report No. 111–26] 
A BILL 
To amend the Federal Water Pollution Control Act 
to authorize appropriations for State water pollu-
tion control revolving funds, and for other pur-
poses. 
MARCH 9, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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