I 
109TH CONGRESS 
1ST SESSION H. R. 2684 
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 
MAY 26, 2005 
Mrs. KELLY (for herself and Mrs. TAUSCHER) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL 
WATER POLLUTION CONTROL ACT. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Clean Water Infrastructure Financing Act of 2005’’. 
(b) AMENDMENT OF FEDERAL WATER POLLUTION 
CONTROL 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.). 
SEC. 
2. 
GENERAL 
AUTHORITY 
FOR 
CAPITALIZATION 
GRANTS. 
Section 601(a) (33 U.S.C. 1381(a)) is amended by 
striking ‘‘(1) for construction’’ and all that follows 
through the period and inserting ‘‘to accomplish the pur-
poses of this Act.’’. 
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. 
(a) REQUIREMENTS FOR CONSTRUCTION OF TREAT-
MENT
WORKS.—Section 
602(b)(6) 
(33 
U.S.C. 
1382(b)(6)) is amended to read as follows: 
‘‘(6) treatment works eligible under section 
603(c)(1) of this Act constructed in whole or in part 
with funds made available by a State water pollution 
control revolving fund under this title and section 
205(m) of this Act will meet the requirements of 
section 513 of this Act in the same manner as treat-
ment works constructed with assistance under title 
II of this Act;’’. 
(b) ARCHITECTURAL
AND
ENGINEERING
CON-
TRACTS.—Section 602(b) (33 U.S.C. 1382(b)) is amend-
ed—
(1) by striking ‘‘and’’ at the end of paragraph 
(9); 
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(11) the State will require that each contract 
and subcontract for program management, construc-
tion management, planning studies, feasibility stud-
ies, architectural services, preliminary engineering, 
design, engineering, surveying, mapping, and related 
services entered into using amounts from the fund 
will be awarded in the same way that a contract for 
architectural and engineering services is awarded 
under chapter 11 of title 40, United States Code, or 
an equivalent qualifications-based requirement pre-
scribed by the State, except that such an award shall 
not be construed as conferring a proprietary interest 
upon the United States.’’. 
(c) GUIDANCE FOR SMALL SYSTEMS.—Section 602 
(33 U.S.C. 1382) is amended by adding at the end the 
following: 
‘‘(c) GUIDANCE FOR SMALL SYSTEMS.— 
‘‘(1) SIMPLIFIED PROCEDURES.—Not later than 
1 year after the date of enactment of this sub-
section, the Administrator shall assist the States in
establishing simplified procedures for small systems 
to obtain assistance under this title. 
‘‘(2) PUBLICATION
OF
MANUAL.—Not later 
than 1 year after the date of enactment of this sub-
section, and after providing notice and opportunity 
for public comment, the Administrator shall publish 
a manual to assist small systems in obtaining assist-
ance under this title and publish in the Federal Reg-
ister notice of the availability of the manual. 
‘‘(3) SMALL SYSTEM DEFINED.—For purposes 
of this title, the term ‘small system’ means a system 
for which a municipality or intermunicipal, inter-
state, or State agency seeks assistance under this 
title and which serves a population of 10,000 or 
less.’’. 
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. 
(a) ACTIVITIES ELIGIBLE FOR ASSISTANCE.—Sec-
tion 603(c) (33 U.S.C. 1383(c)) is amended to read as 
follows: 
‘‘(c) ACTIVITIES ELIGIBLE FOR ASSISTANCE.— 
‘‘(1) IN
GENERAL.—The amounts of funds 
available to each State water pollution control re-
volving fund shall be used only for providing finan-
cial assistance to activities that have as a principal 
benefit the improvement or protection of water qual-
ity of navigable waters to a municipality, intermunic-
ipal agency, interstate agency, State agency, or 
other person. Such activities may include the fol-
lowing: 
‘‘(A) Construction of a publicly owned 
treatment works. 
‘‘(B) Implementation of lake protection 
programs and projects under section 314. 
‘‘(C) Implementation of a management 
program under section 319. 
‘‘(D) Implementation of a conservation and 
management plan under section 320. 
‘‘(E) Restoration or protection of publicly 
or privately owned riparian areas, including ac-
quisition of property rights. 
‘‘(F) Implementation of measures to pro-
mote beneficial reuse of wastewater. 
‘‘(G) Development and implementation of 
plans by a public recipient to prevent water pol-
lution. 
‘‘(H) Acquisition of lands necessary to 
meet any mitigation requirements related to 
construction of a publicly owned treatment 
works.