I
104TH CONGRESS
1ST SESSION
H. R. 1438
To amend the Federal Water Pollution Control Act to provide special funding
to States for implementation of national estuary conservation and man-
agement plans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 6, 1995
Mrs. LOWEY (for herself, Ms. DELAURO, Mr. GEJDENSON, Mrs. KENNELLY,
Mr. BONIOR, Mr. YATES, Mr. MILLER of California, Mr. FRANK of Mas-
sachusetts, Mr. ACKERMAN, Mr. ENGEL, Mr. MANTON, Mr. SERRANO,
Ms. ESHOO, Mr. FILNER, Ms. PELOSI, Ms. WOOLSEY, Ms. FURSE, Mr.
REED, Mr. TORRES, Ms. HARMAN, Ms. NORTON, Mr. PALLONE, Mr.
MCDERMOTT, Mr. TOWNS, Mr. WAXMAN, Ms. WATERS, Mr. DICKS, Mr.
VENTO, Mr. WYNN, Mr. GONZALEZ, Ms. VELA´ZQUEZ, Mr. JOHNSTON of
Florida, Mr. MARTINEZ, Mr. MARKEY, Mr. BERMAN, Mr. HINCHEY, Mr.
ROMERO-BARCELO´, and Mr. FALEOMAVAEGA) introduced the following
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend the Federal Water Pollution Control Act to pro-
vide special funding to States for implementation of na-
tional estuary conservation and management plans, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘DeLauro-Lowey Water
Pollution Control and Estuary Restoration Act’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The Nation’s estuaries are a vital natural
resource to which many regional economies are
closely tied.
(2) Many of the Nation’s estuaries are under a
severe threat from point source pollution and pol-
luted run-off (nonpoint source pollution) and from
habitat alteration and destruction.
(3) Only through expanded investments in
waste water treatment and other water and sediment
pollution control and prevention efforts can the envi-
ronmental and economic values of the Nation’s estu-
aries be restored and protected.
(4) The National Estuary Program created
under the Federal Water Pollution Control Act has
significantly advanced the Nation’s understanding of
the declining condition of the Nation’s estuaries.
(5) The National Estuary Program has also
provided precise information about the corrective
and preventative measures required to reverse the
degradation of water and sediment quality and to
halt the alteration and destruction of vital habitat in
the Nation’s estuaries.
(6) The level of funding available to States, mu-
nicipalities, and the Environmental Protection Agen-
cy for implementation of approved conservation and
management plans is inadequate, and additional fi-
nancial resources must be provided.
(7) Funding for implementation of approved
conservation and management plans should be pro-
vided under the State revolving loan fund program
authorized by title VI of the Federal Water Pollu-
tion Control Act.
(8) Authorization levels for State revolving loan
fund capitalization grants should be increased by an
amount necessary to ensure the achievement of the
goals of the Federal Water Pollution Control Act.
(b) PURPOSES.—The purposes of this Act are—
(1) to expand and strengthen efforts to combat
the serious and growing water and sediment quality
problems in estuaries of national significance identi-
fied under the Federal Water Pollution Control Act;
(2) to provide significant levels of Federal as-
sistance to States and municipalities seeking to im-
plement comprehensive conservation and manage-
ment plans for those estuaries;
(3) to reauthorize section 320 of the Federal
Water Pollution Control Act in order to improve the
development and implementation of comprehensive
conservation and management plans for those estu-
aries; and
(4) to extend and increase Federal support for
the State water pollution control revolving fund pro-
gram in order to address various water and sediment
quality problems in the waters of the United States.
SEC. 3. EXTENSION OF WATER POLLUTION CONTROL RE-
VOLVING LOAN FUND PROGRAM.
(a) ALLOTMENT FORMULA.—Section 604(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(a))
is amended—
(1) by striking ‘‘Sums authorized’’ and insert-
ing ‘‘Except as provided in section 608, sums au-
thorized’’; and
(2) by striking ‘‘and 1990’’ and inserting
‘‘through 2002’’.
(b) FUNDING.—Section 607 of such Act (33 U.S.C.
1387) is amended by striking ‘‘the following sums:’’ and
all that follows through the end of the section and insert-
ing the following: ‘‘$4,000,000,000 for each of the fiscal
years 1996 and 1997, and $5,000,000,000 for each of the
fiscal years 1998, 1999, 2000, 2001, and 2002.’’.
‘‘(vii) 15 percent for fiscal year 2002.
‘‘(2) ALLOCATION.—Of amounts required under
paragraph (1) to be used for grants to qualified
States for a fiscal year, the Administrator shall allo-
cate to each qualified State an amount equal to—
‘‘(A) the total amounts required under
paragraph (1) to be used for such grants for
that fiscal year, multiplied by
‘‘(B) the percentage specified by the Ad-
ministrator for the fiscal year for that State
under paragraph (3)(B).
‘‘(3) DETERMINATION OF STATE NEEDS.—Not
later than 120 days after the date on which all
qualified States have submitted under paragraph
(4)(A) estimates of the needs of the States for finan-
cial assistance for a fiscal year, the Administrator
shall—
‘‘(A) determine the needs of each qualified
State for financing implementation of approved
estuary plans in the fiscal year, based on—
‘‘(i) the Administrator’s ranking of
each project or activity included in all the
needs estimates submitted, according to
the severity of the pollution problem each
project or activity will address; and
‘‘(ii) the Administrator’s determina-
tion of which projects or activities should
be included in the approved estimate of
needs for each qualifying State; and
‘‘(B) submit to the Congress a report de-
scribing the cost of each project or activity in-
cluded in each approved estimate of needs for
each State, the total for all qualified States,
and a percentage for purposes of paragraph
(2)(B) representing such approved needs of the
qualified State relative to such approved needs
of all qualified States.
‘‘(4) STATE ESTIMATE OF NEEDS.—
‘‘(A) SUBMISSION.—Not later than July 1
of each year, each qualified State shall submit
to the Administrator an estimate of the needs
of the State for financial assistance for imple-
menting, monitoring, and enforcing approved
estuary plans in the next fiscal year. Such esti-
mates shall include a description of each project
and activity for which funding is being sought,
the entity which would receive the funding, the
need for the project or activity, and its cost.
Such estimates may be included in a qualified
State’s intended use plan under section 606(c),
and shall maximize economical planning, de-
sign, and construction.
‘‘(B) CONSULTATION.—In preparing an es-
timate of needs under this paragraph, a quali-
fied State shall consult with each management
conference that is monitoring the implementa-
tion of an approved estuary plan under section
320 and of which the State is a member.
‘‘(5) FAILURE TO SUBMIT ESTIMATE.—A quali-
fied State which does not submit an estimate for a
fiscal year in accordance with paragraph (4) shall
not be eligible for any allocation under paragraph
(2) for that fiscal year.
‘‘(b) SEPARATE ACCOUNT.—
‘‘(1) ESTABLISHMENT OF ACCOUNT.—A quali-
fied State shall establish a separate account in its
water pollution control revolving fund established
under this title, which shall be known as an ‘Estuary
Account’. Amounts of grants to a qualified State
under subsection (a) shall be deposited into the
Estuary Account established by the State.
‘‘(2) USE.—A qualified State may use amounts
in its Estuary Account only for providing assistance
for the purpose of implementing approved estuary
plans that apply to the State.
‘‘(c) TYPES OF ASSISTANCE.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided by State law and subject to paragraph (2),
amounts in the Estuary Account of a qualified State
may be used only for providing the types of assist-
ance described in section 603(d).
‘‘(2) SPECIAL RULES.—
‘‘(A) 
EXTENDED
AMORTIZATION
PE-
RIOD.—Notwithstanding section 603(d)(1)(A),
a loan made by a qualified State with amounts
in the Estuary Account of the State may be for
a term of not to exceed 40 years or the useful
life of any facility constructed with the loan,
whichever is less, if the borrower demonstrates
to the State that the borrower is experiencing
financial hardship.
‘‘(B) PRINCIPAL SUBSIDIES.—In addition
to the types of assistance authorized by section
603(d), a qualified State may use amounts of
interest earned on amounts in its Estuary Ac-
count to subsidize up to 90 percent of the prin-
cipal portion of the amount of debt service of
an entity referred to in section 603(c)(1) that,
notwithstanding the availability of interest free
loans under section 603(d)(1)(A) and extended
amortization under subparagraph (A), the State
determines is financially unable to carry out a
project that is necessary for the implementation
of an approved estuary plan.
‘‘(d) STATE MATCHING.—Notwithstanding section
602(b)(2), a qualified State shall deposit into its Estuary
Account an amount from State funds equal to at least 15
percent of amounts deposited into the account in the form
of capitalization grants to the State under this section.
‘‘(e) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) APPROVED
ESTUARY
PLAN.—The term
‘approved estuary plan’ means a comprehensive con-
servation and management plan approved by the
Administrator under section 320(h).
‘‘(2) ESTUARY ACCOUNT.—The term ‘Estuary
Account’ means a separate account established by a
qualified State under subsection (b) in its water pol-
lution control revolving fund.
‘‘(3) QUALIFIED STATE.—The term ‘qualified
State’ means a State that—
‘‘(A) is subject to an approved estuary
plan;
‘‘(B) has established an estuary account in
accordance with subsection (b); and
‘‘(C) has fulfilled its responsibilities under
section 320 with respect to each management
conference under that section of which it is a
member.’’.
SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION
OF ESTUARY CONSERVATION AND MANAGE-
MENT PLANS.
(a) IN GENERAL.—Section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330) is amended by re-
designating subsection (k) as subsection (l) and by insert-
ing after subsection (j) the following new subsection:
‘‘(k) GRANTS FOR IMPLEMENTATION OF CONSERVA-
TION AND MANAGEMENT PLANS.—
‘‘(1) IN
GENERAL.—The Administrator shall
make grants to State, interstate, and regional water
pollution control agencies and entities, State coastal
zone management agencies, interstate agencies,
other public or nonprofit agencies, institutions, orga-
nizations, Indian tribes, and individuals for imple-
mentation of conservation and management plans
approved under this section.
‘‘(2) PURPOSES.—Grants under this subsection,
shall be made to assist in aspects of implementation
of such plans which involve innovative technology,
research and development, education, pollution pre-
vention, comprehensive land use planning, and other
activities not generally funded by the State under
this title.
‘‘(3) FEDERAL SHARE.—The amount of grants
to any person (including a State, interstate, or re-
gional agency or entity) under this subsection for a
fiscal year shall not exceed 75 percent of the cost of
implementation of such plans.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to the Ad-
ministrator to carry out this subsection not to ex-
ceed $50,000,000 per fiscal year for each of fiscal
years 1996 through 2002.’’.
(b) FUNDING
FOR
INTERIM
ACTIONS.—Section
320(g)(2) of such Act (33 U.S.C. 1330(g)(2)) is amended
by inserting before the period the following: ‘‘, and for ap-
propriate interim actions that are adopted by the manage-
ment conference and approved in accordance with sub-
section (h) to protect the water and sediment quality of
the estuary that is the subject of such a plan’’.
(c) GRANT REPORTING.—Section 320(h) of such Act
(33 U.S.C. 1330(h)) is amended by striking ‘‘subsection
(g)’’ and inserting ‘‘subsection (i) and that receives a
grant under subsection (m)’’.
(d) CONFORMING AMENDMENT.—Section 320(g) of
such Act (33 U.S.C. 1330(g)) is amended by inserting
‘‘DEVELOPMENT’’ before ‘‘GRANTS.—’’.
SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT
PLAN DEVELOPMENT GRANT PROGRAM.
Section 320(i) of the Federal Water Pollution Control
Act (33 U.S.C. 1330(i)) is amended—
(1) by inserting ‘‘and $28,000,000 per fiscal
year for each of fiscal years 1992 through 2002’’
after ‘‘and 1991’’; and
(2) by inserting ‘‘for fiscal years 1987 through
1991, and $8,000,000 per fiscal year of the sums
authorized to be appropriated under this subsection
for fiscal years 1992 through 2002,’’ before ‘‘to the
Administrator of the National’’.
SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.
(a) MANAGEMENT PLANS.—Section 320(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1330(b))
is amended—
(1) by striking the matter preceding paragraph
(1) and inserting the following:
‘‘(b) PURPOSES OF CONFERENCE.—The purpose of
any management conference convened with respect to an
estuary under this section shall be to ensure, through a
comprehensive planning process, full implementation of
the requirements of sections 303, 304(l), 305(b), 319,
402, and 404 of this Act, and to identify, plan, and ensure
implementation of additional measures necessary to
achieve compliance with water quality standards and to
protect existing and designated uses of coastal waters and
the integrity of aquatic habitat. To achieve these purposes
a management conference shall—’’;
(2) by redesignating paragraphs (1), (2), (3),
(4), (5), (6), and (7) as paragraphs (2), (3), (4),
(6), (8), (10), and (11), respectively;
(3) by inserting before paragraph (2), as so re-
designated, the following new paragraph:
‘‘(1) conduct within 1 year after the convening
of the conference a literature survey to identify ex-
isting information on the environmental health of
the estuary;’’;
(4) by inserting after paragraph (4), as so re-
designated, the following:
‘‘(5) identify within 3 years after the convening
of the conference the major environmental problems
and priorities that the comprehensive conservation
and management plan will address;’’;
(5) in paragraph (6), as so redesignated, by in-
serting ‘‘, within 5 years after the date on which the
management conference is convened and in accord-
ance with the applicable guidance document pub-
lished under subsection (e),’’ after ‘‘plan’’;
(6) in paragraph (6), as so redesignated, by in-
serting ‘‘(including policies enforceable under State
law)’’ after ‘‘actions’’;
(7) by inserting after paragraph (6), as so re-
designated, the following:
‘‘(7) submit to the Administrator in the first
year following the convening of the conference, an
initial 5-year budget for the development of the con-
servation and management plan, and revise such
budget on an annual basis;’’;
(8) by inserting after paragraph (8), as so re-
designated, the following:
‘‘(9) conduct an analysis, within 3 years after
the convening of the conference, of any changes to
State statutory authority that will be required to im-
plement the conservation and management plan and,
provided such changes are more protective of aquatic
resources than the previous law, publish the full text
of such statutory authority and proposed changes
and a plain language description of them in the con-
servation and management plan proposed for ap-
proval under subsection (b)(3), and update such
analysis and publication on an annual basis there-
after;’’;
(9) in paragraph (10), as so redesignated, by
striking ‘‘and’’ after the semicolon;
(10) in paragraph (11), as so redesignated, by
striking the period and inserting a semicolon;
(11) by inserting after paragraph (11), as so
redesignated, the following:
‘‘(12) identify all Federal activities (including
development projects, financial assistance programs,
and licensing and permitting activities) that may af-
fect the requirements and objectives of the conserva-
tion and management plan developed under this sec-
tion, and ensure that such plan is at a minimum
consistent with all Federal licensing and permitting
requirements of this Act and other Federal laws or
provides for greater protection of the integrity of
natural aquatic habitat or water or sediment quality;
‘‘(13) identify all pollutants and water bodies
for which development of maximum daily loads are
necessary pursuant to section 303, and establish a
schedule whereby all such total maximum daily loads
and wasteload and load allocations shall be com-
pleted within 5 years of approval of a conservation
and management plan pursuant to this section;
‘‘(14) ensure that all permits issued under sec-
tion 402 are current for significant dischargers with-
in an estuary that is subject to a conservation and
management plan, and ensure that, if multiple dis-
chargers affect a single segment of such estuary, the
dischargers are placed on simultaneous permit issu-
ance schedules to allow for efficient wasteload alloca-
tion;
‘‘(15) ensure that if an estuary subject to a
conservation and management plan is affected by
combined sewer overflows, development and imple-
mentation of a combined sewer overflow abatement
plan is included in the conservation and manage-
ment plan; and
‘‘(16) identify portions of the conservation and
management plan developed under this section which
should be included in a State coastal zone manage-
ment program approved under section 306(c) of the
Coastal Zone Management Act of 1972 and make
appropriate recommendations to the Governor and
the Under Secretary for that inclusion.’’; and
(12) in the matter following paragraph (16) (as
such paragraph is added by this subsection) by
striking ‘‘paragraph (7)’’ and inserting ‘‘paragraph
(11)’’.
(b) FISHERIES AND WILDLIFE.—
(1) 
MEMBERS
OF
CONFERENCE.—Section
320(c) of the Federal Water Pollution Control Act
(33 U.S.C. 1330(c)) is amended—
(A) in paragraph (3) by inserting ‘‘includ-
ing those Federal agencies with responsibility
for conserving and protecting living resources
including fish, shellfish, and wildlife,’’ after
‘‘Federal agency,’’; and
(B) in paragraph (5) by inserting ‘‘includ-
ing the agricultural industry,’’ after ‘‘indus-
tries,’’.
(2) RESEARCH.—Section 320(j)(2) of the Fed-
eral Water Pollution Control Act (33 U.S.C.
1330(j)(2)) is amended by inserting ‘‘and the Direc-
tor of the United States Fish and Wildlife Service’’
after ‘‘Administration’’.
(c) PARTICIPATION
OF MUNICIPALITIES.—Section
320(c)(4) of the Federal Water Pollution Control Act (33
U.S.C. 1330(c)(4)) is amended by striking ‘‘local govern-
ments’’ and inserting ‘‘municipalities’’.
(d) PARTICIPATION OF ENVIRONMENTAL ORGANIZA-
TIONS.—Section 320(c)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1330(c)(5)) is amended by insert-
ing ‘‘, including environmental organizations’’ after ‘‘the
general public’’.
(e) DUTIES OF MEMBERS OF CONFERENCE.—Sec-
tion 320 of the Federal Water Pollution Control Act (33
U.S.C. 1330) is amended—
(1) by redesignating subsections (d), (e), (f),
(g), (h), (i), (j), (k), and (l) as subsections (f), (g),
(h), (i), (j), (k), (l), (m), and (n), respectively; and
(2) by inserting after subsection (c) the follow-
ing:
‘‘(d) DUTIES OF MEMBERS.—
‘‘(1) ADMINISTRATOR.—
‘‘(A) IN
GENERAL.—The Administrator
shall provide necessary levels of funding and
staff resources to carry out the functions of the
Administrator related to the development, ap-
proval, implementation, and monitoring of a
conservation and management plan under this
section and of approved interim measures.
‘‘(B) ANALYSIS OF FEDERAL NEEDS.—Not
later than 120 days after the date of the enact-
ment of this subparagraph, the Comptroller
General of the United States shall submit to
the Congress and to the Administrator an anal-
ysis of the needs of the Environmental Protec-
tion Agency for additional personnel and ad-
ministrative resources necessary to fully carry
out its duties under this section. Such analysis
shall include recommendations regarding nec-
essary additional authorizations and appropria-
tions.
‘‘(C) POLICY AND TECHNICAL LIAISON.—
The Administrator or his or her designee shall,
among other functions performed with respect
to management conferences, serve as policy and
technical liaison for all participants in manage-
ment conferences.
‘‘(2) UNDER
SECRETARY.—The Under Sec-
retary of Commerce for Oceans and Atmosphere
shall provide the necessary levels of funding and
staff resources to carry out the functions of the
Under Secretary under this section, and shall coordi-
nate the activities of the Under Secretary with each
management conference convened under this section.
‘‘(e) GUIDANCE DOCUMENT.—
‘‘(1) IN GENERAL.—Not later than 9 months
after the date of the enactment of this paragraph,
the Administrator shall issue a guidance document
which establishes requirements for—
‘‘(A) management conferences to follow in
developing and monitoring conservation and
management plans, including requirements to
ensure that—
‘‘(i) the plan addresses each existing
or foreseeable material impairment of the
chemical, physical, and biological integrity
of the estuary’s waters;
‘‘(ii) the plan authorizes the Adminis-
trator to delete proposed actions from the
plan;
‘‘(iii) the plan ranks each proposed
action included in the plan for funding
purposes in order of priority and author-
izes the Administrator to modify such
ranking; and
‘‘(iv) no person engaged in business
for profit or State or local agency or au-
thority whose responsibilities include the
promotion of economic development shall
have the power, singly or in combination,
to prevent the inclusion of any proposed
action in the plan;
‘‘(B) approving the implementation of in-
terim actions to protect the water quality of the
estuary for which a conservation and manage-
ment plan is developed; and
‘‘(C) the Administrator to follow in approv-
ing or disapproving each strategy included in
such conservation and management plans, in-
cluding requirements to ensure that effective
measures to reduce the most serious problems
in the estuary receive priority for funding and
requirements to prevent funding for projects
which cause or encourage the unnecessary de-
struction or alteration of aquatic habitat.
‘‘(2) 
PUBLICATION
OF
PROPOSED
DOCU-
MENT.—The Administrator shall publish a proposed
guidance document under this subsection by not
later than 6 months after the date of the enactment
of 
this 
paragraph. 
Notwithstanding 
section
553(a)(2) of title 5, United States Code, the Admin-
istrator shall provide at least 30 days advance notice
of the proposed adoption of a guidance document
under this subsection and comply in all other re-
spects with section 553(b), (c), and (e) of such title
with respect to the guidance document. The guid-
ance document shall be deemed to be a substantive
rule of general applicability for purposes of section
552(a)(1)(D) of such title.’’.
(f) MANAGEMENT CONFERENCES.—Section 320(g)
of the Federal Water Pollution Control Act, as redesig-
nated by subsection (c)(1), is amended—
(1) by striking ‘‘A management’’ and inserting
‘‘(1) IN GENERAL.—’’;
(2) by indenting paragraph (1), as so des-
ignated, and moving the text 2 ems to the right; and
(3) by adding at the end the following:
‘‘(2) TERMINATION OF CONFERENCES.—Upon
the application of any resident of a State located in
whole or in part in the estuarine zone of the estuary
for which the conference was convened, or any af-
fected person, or on the Administrator’s own initia-
tive, the Administrator shall terminate a manage-
ment conference whenever—
‘‘(A) the management conference has failed
to perform any of the duties prescribed in sub-
section (b);
‘‘(B) the management conference is un-
likely to achieve the purposes specified in sub-
section (b);
‘‘(C) the management conference has de-
layed or interfered with the enforcement or im-
plementation of any provision of this Act; or