I
103D CONGRESS
1ST SESSION
H. R. 1116
Amending the Federal Water Pollution Control Act with respect to research
and development activities.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mrs. MORELLA introduced the following bill; which was referred jointly to the
Committees on Science, Space, and Technology and Public Works and
Transportation
JUNE 29, 1993
Additional sponsors: Mr. ACKERMAN, Mr. MFUME, Mr. HASTINGS, Mr.
TOWNS, and Mr. GILCHREST
A BILL
Amending the Federal Water Pollution Control Act with
respect to research and development activities.
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 ‘‘Clean Water Act Re-
search Amendments of 1993’’.
SEC. 2. WATER QUALITY RESEARCH.
(a) GENERAL AUTHORITY.—Section 104(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1254(a))
is amended to read as follows:
‘‘(a)(1) The Administrator, in cooperation with Fed-
eral, State, and local agencies and public or private insti-
tutions, organizations, or individuals, shall conduct and
promote a comprehensive program of research, investiga-
tions, experiments, surveys, and studies relating to the
causes, sources, effects, extent, prevention, detection, and
correction of water pollution.
‘‘(2) In carrying out this section, the Administrator
may—
‘‘(A) collect and make available, through publi-
cations and other appropriate means, the results of
research pursuant to this section;
‘‘(B) encourage, cooperate with, and render
technical services to pollution control agencies and
other appropriate public or private institutions, or-
ganizations, and individuals;
‘‘(C) conduct investigations concerning the pol-
lution of any navigable waters and report on the re-
sults of such investigations;
‘‘(D) conduct research and make surveys con-
cerning the nationwide extent and seriousness of a
pollutant or class of pollutants in water;
‘‘(E) develop, assess, collect, and disseminate
basic data on chemical, physical, and biological ef-
fects of varying water quality and other information
pertaining to water pollution and the prevention, re-
duction, and elimination thereof;
‘‘(F) develop effective and practical processes,
methods, and prototype devices for the prevention,
reduction, and elimination of water pollution;
‘‘(G) make grants to State water pollution con-
trol agencies, interstate agencies, other public or
nonprofit private agencies, institutions, organiza-
tions, and individuals to conduct research pursuant
to this section;
‘‘(H) contract with public or private agencies,
institutions, organizations, and individuals, without
regard to sections 3648 and 3709 of the Revised
Statutes (31 U.S.C. 529; 41 U.S.C. 5) to conduct
research pursuant to this section;
‘‘(I) utilize, on a reimbursable basis, facilities
and personnel of Federal scientific laboratories and
research centers;
‘‘(J) convene conferences concerning water
quality and water pollution control research issues,
giving opportunity for interested persons to be heard
and to present papers at such conferences; and
‘‘(K) acquire technical data, inventions, patent
applications, patents, licenses, and an interest in
lands, plants, equipment and facilities, and other
property rights by purchase, license, lease, or dona-
tion.’’.
(b) WATER QUALITY RESEARCH COMMITTEE.—Sec-
tion 104(b) of the Federal Water Pollution Control Act
(33 U.S.C. 1254(b)) is amended to read as follows:
‘‘(b)(1) There is hereby established a National Water
Quality Research Committee (hereafter in this subsection
referred to as the ‘Research Committee’) to advise the Ad-
ministrator in the implementation of the authorities of this
section and other related research activities of the Federal
Government and State and local governments.
‘‘(2) The Research Committee shall—
‘‘(A) identify major research needs and sci-
entific uncertainties regarding the causes, effects,
extent, prevention, reduction, and elimination of
water pollution;
‘‘(B) ensure, to the extent practicable, that re-
search conducted pursuant to this section meets the
needs of State and local governments; and
‘‘(C) facilitate, to the extent practicable, the co-
ordination of research programs pursuant to this
section and related research programs of other Fed-
eral agencies and State and local governments.
‘‘(3) The Research Committee shall consist of—
‘‘(A) a representative of the Administrator, who
shall chair the Research Committee;
‘‘(B) a representative of the Secretary of Agri-
culture;
‘‘(C) a representative of the Administrator of
the National Oceanic and Atmospheric Administra-
tion;
‘‘(D) a representative of the Director of the
United States Geological Survey;
‘‘(E) a representative of the Director of the
Fish and Wildlife Service;
‘‘(F) five representatives of State environmental
agencies, to be appointed by the Administrator; and
‘‘(G) five representatives of the academic com-
munity, to be appointed by the Administrator.
‘‘(4) One of the members appointed initially under
paragraph (3)(F) and two of the members appointed ini-
tially under paragraph (3)(G) shall be appointed to terms
of 1 year each. Two of the members appointed initially
under paragraph (3)(F) and one of the members ap-
pointed initially under paragraph (3)(G) shall be ap-
pointed to terms of 2 years each. All other members ap-
pointed under paragraph (3) (F) and (G) shall be ap-
pointed to terms of 3 years each.
‘‘(5) Members appointed under paragraph (3)(G)
shall receive travel expenses, including per diem in lieu
of subsistence, as provided in section 5703 of title 5, Unit-
ed States Code.
‘‘(6) The Research Committee shall submit to the
Congress on January 1 of each year after the date of en-
actment of the Clean Water Act Research Amendments
of 1993 a report which shall—
‘‘(A) describe the research conducted pursuant
to this section in the preceding year and the results
of such research;
‘‘(B) identify the highest priority research
needs for the following 5-year period, identify the
approximate cost of such research, and the relation-
ship of such research to the goals and objectives of
this Act;
‘‘(C) describe research activities pursuant to
this section and related research authorities planned
for the coming year and the extent to which such re-
search will address the priority research needs iden-
tified in subparagraph (B); and
‘‘(D) identify opportunities to improve coordina-
tion of research among Federal agencies and the
States.’’.
SEC. 3. WATER QUALITY MONITORING COUNCIL.
Section 305 of the Federal Water Pollution Control
Act (33 U.S.C. 1315) is amended by adding at the end
thereof the following new subsection:
‘‘(d) WATER QUALITY MONITORING COUNCIL.—(1)
There is established a Water Quality Monitoring Council
(hereafter in this subsection referred to as the ‘‘Council’’)
to ensure the effective coordination of Federal and State
surface and ground water quality monitoring programs.
‘‘(2) The membership of the Council shall be—
‘‘(A) a representative of the Administrator, who
shall cochair the Council;
‘‘(B) a representative of the Director of the
United States Geological Survey, who shall cochair
the Council;
‘‘(C) a representative of the Secretary of Agri-
culture;
‘‘(D) a representative of the Administrator of
the National Oceanic and Atmospheric Administra-
tion;
‘‘(E) a representative of the Director of the
Fish and Wildlife Service;
‘‘(F) five representatives of State environmental
protection agencies, to be appointed by the Adminis-
trator; and
‘‘(G) five representatives of the academic com-
munity, to be appointed by the Administrator in
consultation with the Director of the United States
Geological Survey and the Administrator of the Na-
tional Oceanic and Atmospheric Administration.
‘‘(3) The Council shall—
‘‘(A) identify all Federal surface and ground
water quality monitoring programs;
‘‘(B) oversee the implementation of Federal
surface and ground water quality monitoring pro-
grams;
‘‘(C) coordinate the establishment of consistent
quality assurance standards for Federal surface and
ground water quality monitoring programs; and
‘‘(D) coordinate the establishment of procedures
and methods for statistical analysis of monitoring
data and data management systems.
‘‘(4) The Administrator, in cooperation with the
Council, shall issue guidance not less often than annually
to State agencies, the United States Geological Survey, the
National Oceanic and Atmospheric Administration, and
such other Federal agencies as are considered appropriate
by the Administrator, to ensure the effective and coordi-
nated implementation of surface and ground water quality
monitoring programs.
‘‘(5) Within 2 years after the date of enactment of
this subsection, the Administrator, in cooperation with the
Council, shall submit to the Congress a strategy for the
coordinated implementation of Federal surface and
ground water quality monitoring programs. Such strategy
shall describe the roles and responsibilities of Federal
agencies, methods of coordination among Federal agen-
cies, the anticipated level of resources to be devoted to sur-
face and ground water quality monitoring programs by
each Federal agency, and measures to ensure that Federal
surface and ground water quality monitoring programs
are responsive to the monitoring needs of States to the
fullest extent practicable.
‘‘(6) The Administrator, in cooperation with the
Council, shall prepare and submit to the Congress by Jan-
uary 1, 1997, and biennially thereafter, a report describ-
ing the findings of surface and ground water quality mon-
itoring programs and providing a comprehensive assess-
ment of conditions and trends in the quality of surface
and ground waters throughout the Nation. The report
shall also identify needed changes to Federal and State
surface and ground water quality monitoring programs,
including the adequacy of funding for the accomplishment
of such programs.’’.
SEC. 4. NONPOINT SOURCE POLLUTION RESEARCH AND
CONTROL MEASURES.
Section 104 of the Federal Water Pollution Control
Act (33 U.S.C. 1254) is amended by adding at the end
the following new subsection:
‘‘(v) The Administrator, in consultation with the Na-
tional Oceanic and Atmospheric Administration, the Unit-
ed States Geological Survey, the Fish and Wildlife Service,
and the Department of Agriculture, shall conduct a com-
prehensive program of research, testing, and technology
development of methods for sampling, measuring, mon-
itoring, and modeling, and development of methods for the
control of nonpoint sources of pollution. The Adminis-
trator shall establish categories of nonpoint sources for the
purposes of such research program, including sources of
pollution in connection with mining and silviculture activi-
ties, urban runoff, and both irrigated and nonirrigated ag-
ricultural activities. Such program shall include the follow-
ing elements:
‘‘(1) Identification of regionally representative
ecosystems in each of the categories established by
the Administrator.
‘‘(2) Methods to evaluate the effects of episodic
loadings of multiple pollutants and their aggregate
effects in receiving waters, including effects on both
water quality and water quantity.
‘‘(3) Development of improved quantitative
models and monitoring systems for evaluating and
quantifying the linkage between various land use
practices, precipitation, surface and ground water
flows, and pollutant loads. Emphasis shall be placed
on those models and systems which—
‘‘(A) improve the ability to evaluate the
transport and fate processes from nonpoint
sources of pollution to both surface and ground
water;
‘‘(B) improve the ability to identify sources
of contamination and quantitatively attribute
loadings to sources; and
‘‘(C) improve the ability to identify and
evaluate region-specific or category-specific pre-
vention and control opportunities.
‘‘(4) Research and development to identify and
develop pollution control measures, including alter-
native agriculture technologies, best management
practices, and land use control measures, suitable
for reducing or controlling the introduction of pollut-
SEC. 5. CONTAMINATED SEDIMENTS.
Title I of the Federal Water Pollution Control Act
is amended by adding at the end the following new section:
‘‘SEC. 121. CONTAMINATED SEDIMENTS.
‘‘(a) SURVEY.—(1) The Administrator, in consulta-
tion with the National Oceanic and Atmospheric Adminis-
tration, the United States Geological Survey, and the
Corps of Engineers, shall conduct a comprehensive na-
tional survey of data regarding bottom sediment contami-
nation. The purpose of the survey is to assess the scope
and severity of sediment contamination and to identify
those areas for which additional pollution reduction re-
quirements may be required.
‘‘(2) In conducting the survey under this subsection,
the Administrator shall compile all available information
on—
‘‘(A) the quantity, chemical and physical make-
up, and geographic location of contaminated sedi-
ments;
‘‘(B) the aquatic resources that may be in the
vicinity of the contamination; and
‘‘(C) the degree of risk to public health and
aquatic life from the contamination.
‘‘(b) SEDIMENT REMEDIATION OR REMOVAL.—The
Administrator shall conduct a program of research, test-
ing, and development of methods for improved remediation
and control of pollution problems resulting from contami-
nated sediments. Such program shall include the develop-
ment of improved, more cost-effective or innovative treat-
ment processes, including new treatment processes involv-
ing modified or engineered organisms, new technologies
and removal methods for dredge and dredge disposal oper-
ations, and new treatment processes or control methods
to lessen the release of odors from such sediment.
‘‘(c) REPORT.—Not later than 2 years after the date
of enactment of this section, the Administrator shall sub-
mit a report to the Congress on the results of the program
conducted under this section, together with recommenda-
tions for remediating sediment contamination.’’.
SEC. 6. GROUND WATER RESEARCH.
Section 104(m) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1254(m)) is amended to read as fol-
lows:
‘‘(m)(1) The Administrator shall, in consultation with
the United States Geological Survey and the Department
of Agriculture, and in cooperation with other Federal
agencies and the States, conduct a comprehensive pro-
gram of research and investigation concerning ground
water quality.
‘‘(2) Research pursuant to this subsection shall, at
a minimum, address—
‘‘(A) the effects on human health of contami-
nants or combinations of contaminants, whether nat-
ural or anthropogenic, that are found in or that are
likely to be found in the ground waters of the United
States;
‘‘(B) the effects on the environment, including
aquatic life, wildlife, and other environmental re-
sources, of contaminants;
‘‘(C) the hydrologic relationship between sur-
face water and ground water and the likely impact
of contamination in one medium on the quality and
uses of the other;
‘‘(D) methods and techniques for characterizing
and modeling subsurface flow, fate, and transport in
both the saturated and unsaturated zones;
‘‘(E) the fate, transport, and distribution of
particular contaminants in the saturated and un-
saturated zones;
‘‘(F) methods and techniques to characterize
the vulnerability of locations to contamination based
on factors including climate, vegetation, topography,
soil characteristics, and subsurface hydrology;
‘‘(G) innovative methods and techniques for site
characterization or sampling ground water, including
well construction, sample collection, and the storage
of samples before analysis;
‘‘(H) methods and techniques for monitoring,
sampling, and analyzing discharge to the subsurface;
‘‘(I) the design and operation of waste treat-
ment systems, including septic systems, land treat-
ment systems, and containment systems, that mini-
mize the potential for contaminants to reach ground
water;
‘‘(J) methods and techniques for the remedi-
ation and restoration of contaminated ground water
resources; and
‘‘(K) methods and techniques to design and op-
erate ground water recharge systems, including per-
colation, direct injection, and acquifer storage and
recovery, which would allow for the safe and effec-
tive reuse of reclaimed water in arid areas.’’.
SEC. 7. ECOSYSTEM AND WATER QUALITY STUDIES.
Section 104 of the Federal Water Pollution Control
Act (33 U.S.C. 1254) is further amended by adding at
the end the following new subsection:
‘‘(w) In carrying out this section and section 305 of
this Act, the Administrator, in consultation with the Na-
tional Oceanic and Atmospheric Administration, the Unit-
ed States Geological Survey, and the Department of Agri-
culture, shall conduct a comprehensive program of re-
search and development, including development of meth-
ods of sampling, measuring, monitoring, and analysis,
both to improve understanding of the status and trends
of ecosystems and to develop improved predictive models
upon which to base the standardized protocols to be estab-
lished under section 305(c). The categories or classes of
ecosystems for such research and development shall in-
clude rivers, streams, lakes, estuaries, coastal zones, wet-
lands, and fresh and marine water. Such program shall
include the following elements:
‘‘(1) Identification of representative and critical
or priority ecosystems in each class.
‘‘(2) Identification of the structure and function
of natural aquatic systems and an identification of
indices of the ecological health of such ecosystems.
‘‘(3) Evaluation of ecosystems response to long-
term contamination by developing improved methods
and monitoring and modeling techniques to assess
toxicity 
persistence, 
sediment 
toxicity, 
and
bioaccumulation or teratogenic potential in living
aquatic resources, and by developing methods to
evaluate the efficacy of remediation practices.
‘‘(4) Development of improved biological, bio-
chemical, and other monitoring and modeling tech-
niques and criteria to increase understanding of
functions and processes related to the ecological
health of water resources. Emphasis shall be placed
on those techniques and methods which—
‘‘(A) improve the ability to determine the
origin, sources, and cycling of toxic materials,
nutrients, and other contaminants resulting
from natural or anthropogenic sources, includ-
ing atmospheric deposits, ground water con-
tamination, pesticide runoff, and other point
and nonpoint sources;
‘‘(B) improve the ability to identify and
evaluate the ecological or water quality impacts
of control or remediation opportunities; and
‘‘(C) develop biological or biochemical cri-
teria to serve as water quality criteria and to
serve as effective indicators of ecological health
for fresh and marine surface waters, ground
water systems, and fresh water and coastal wet-
lands.
‘‘(5) Development of improved criteria to assess
the physical, biological, and chemical sources of
stresses affecting aquatic ecosystems, including im-
pacts on habitat and water quantity, and develop-
ment of improved modeling and monitoring criteria