H. R. 999
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To amend the Federal Water Pollution Control Act to improve the quality of coastal
recreation waters, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Beaches Environmental Assess-
ment and Coastal Health Act of 2000’’.
SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRI-
TERIA AND STANDARDS BY STATES.
Section 303 of the Federal Water Pollution Control Act (33
U.S.C. 1313) is amended by adding at the end the following:
‘‘(i) COASTAL RECREATION WATER QUALITY CRITERIA.—
‘‘(1) ADOPTION BY STATES.—
‘‘(A) INITIAL CRITERIA AND STANDARDS.—Not later than
42 months after the date of the enactment of this sub-
section, each State having coastal recreation waters shall
adopt and submit to the Administrator water quality cri-
teria and standards for the coastal recreation waters of
the State for those pathogens and pathogen indicators for
which the Administrator has published criteria under sec-
tion 304(a).
‘‘(B) NEW OR REVISED CRITERIA AND STANDARDS.—Not
later than 36 months after the date of publication by the
Administrator of new or revised water quality criteria
under section 304(a)(9), each State having coastal recre-
ation waters shall adopt and submit to the Administrator
new or revised water quality standards for the coastal
recreation waters of the State for all pathogens and
pathogen indicators to which the new or revised water
quality criteria are applicable.
‘‘(2) FAILURE OF STATES TO ADOPT.—
‘‘(A) IN
GENERAL.—If a State fails to adopt water
quality criteria and standards in accordance with para-
graph (1)(A) that are as protective of human health as
the criteria for pathogens and pathogen indicators for
coastal recreation waters published by the Administrator,
the Administrator shall promptly propose regulations for
the State setting forth revised or new water quality stand-
ards for pathogens and pathogen indicators described in
paragraph (1)(A) for coastal recreation waters of the State.
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‘‘(B) EXCEPTION.—If the Administrator proposes regula-
tions for a State described in subparagraph (A) under sub-
section (c)(4)(B), the Administrator shall publish any
revised or new standard under this subsection not later
than 42 months after the date of the enactment of this
subsection.
‘‘(3) APPLICABILITY.—Except as expressly provided by this
subsection, the requirements and procedures of subsection (c)
apply to this subsection, including the requirement in sub-
section (c)(2)(A) that the criteria protect public health and
welfare.’’.
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA.
(a) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL
RECREATION WATERS.—Section 104 of the Federal Water Pollution
Control Act (33 U.S.C. 1254) is amended by adding at the end
the following:
‘‘(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL
RECREATION WATERS.—Not later than 18 months after the date
of the enactment of this subsection, after consultation and in
cooperation with appropriate Federal, State, tribal, and local offi-
cials (including local health officials), the Administrator shall ini-
tiate, and, not later than 3 years after the date of the enactment
of this subsection, shall complete, in cooperation with the heads
of other Federal agencies, studies to provide additional information
for use in developing—
‘‘(1) an assessment of potential human health risks
resulting from exposure to pathogens in coastal recreation
waters, including nongastrointestinal effects;
‘‘(2) appropriate and effective indicators for improving
detection in a timely manner in coastal recreation waters of
the presence of pathogens that are harmful to human health;
‘‘(3) appropriate, accurate, expeditious, and cost-effective
methods (including predictive models) for detecting in a timely
manner in coastal recreation waters the presence of pathogens
that are harmful to human health; and
‘‘(4) guidance for State application of the criteria for patho-
gens and pathogen indicators to be published under section
304(a)(9) to account for the diversity of geographic and aquatic
conditions.’’.
(b) REVISED CRITERIA.—Section 304(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding
at the end the following:
‘‘(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.—
‘‘(A) IN GENERAL.—Not later than 5 years after the
date of the enactment of this paragraph, after consultation
and in cooperation with appropriate Federal, State, tribal,
and local officials (including local health officials), the
Administrator shall publish new or revised water quality
criteria for pathogens and pathogen indicators (including
a revised list of testing methods, as appropriate), based
on the results of the studies conducted under section 104(v),
for the purpose of protecting human health in coastal recre-
ation waters.
‘‘(B) REVIEWS.—Not later than the date that is 5 years
after the date of publication of water quality criteria under
this paragraph, and at least once every 5 years thereafter,
H. R. 999—3
the Administrator shall review and, as necessary, revise
the water quality criteria.’’.
SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND
NOTIFICATION.
Title IV of the Federal Water Pollution Control Act (33 U.S.C.
1341 et seq.) is amended by adding at the end the following:
‘‘SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND
NOTIFICATION.
‘‘(a) MONITORING AND NOTIFICATION.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this section, after consultation and in
cooperation with appropriate Federal, State, tribal, and local
officials (including local health officials), and after providing
public notice and an opportunity for comment, the Adminis-
trator shall publish performance criteria for—
‘‘(A) monitoring and assessment (including specifying
available methods for monitoring) of coastal recreation
waters adjacent to beaches or similar points of access that
are used by the public for attainment of applicable water
quality standards for pathogens and pathogen indicators;
and
‘‘(B) the prompt notification of the public, local govern-
ments, and the Administrator of any exceeding of or likeli-
hood of exceeding applicable water quality standards for
coastal recreation waters described in subparagraph (A).
‘‘(2) LEVEL
OF
PROTECTION.—The performance criteria
referred to in paragraph (1) shall provide that the activities
described in subparagraphs (A) and (B) of that paragraph shall
be carried out as necessary for the protection of public health
and safety.
‘‘(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.—
‘‘(1) IN
GENERAL.—The Administrator may make grants
to States and local governments to develop and implement
programs for monitoring and notification for coastal recreation
waters adjacent to beaches or similar points of access that
are used by the public.
‘‘(2) LIMITATIONS.—
‘‘(A) IN GENERAL.—The Administrator may award a
grant to a State or a local government to implement a
monitoring and notification program if—
‘‘(i) the program is consistent with the performance
criteria published by the Administrator under sub-
section (a);
‘‘(ii) the State or local government prioritizes the
use of grant funds for particular coastal recreation
waters based on the use of the water and the risk
to human health presented by pathogens or pathogen
indicators;
‘‘(iii) the State or local government makes available
to the Administrator the factors used to prioritize the
use of funds under clause (ii);
‘‘(iv) the State or local government provides a list
of discrete areas of coastal recreation waters that are
subject to the program for monitoring and notification
for which the grant is provided that specifies any
coastal recreation waters for which fiscal constraints
H. R. 999—4
will prevent consistency with the performance criteria
under subsection (a); and
‘‘(v) the public is provided an opportunity to review
the program through a process that provides for public
notice and an opportunity for comment.
‘‘(B) GRANTS TO LOCAL GOVERNMENTS.—The Adminis-
trator may make a grant to a local government under
this subsection for implementation of a monitoring and
notification program only if, after the 1-year period begin-
ning on the date of publication of performance criteria
under subsection (a)(1), the Administrator determines that
the State is not implementing a program that meets the
requirements of this subsection, regardless of whether the
State has received a grant under this subsection.
‘‘(3) OTHER REQUIREMENTS.—
‘‘(A) REPORT.—A State recipient of a grant under this
subsection shall submit to the Administrator, in such for-
mat and at such intervals as the Administrator determines
to be appropriate, a report that describes—
‘‘(i) data collected as part of the program for moni-
toring and notification as described in subsection (c);
and
‘‘(ii) actions taken to notify the public when water
quality standards are exceeded.
‘‘(B) DELEGATION.—A State recipient of a grant under
this subsection shall identify each local government to
which the State has delegated or intends to delegate
responsibility for implementing a monitoring and notifica-
tion program consistent with the performance criteria pub-
lished under subsection (a) (including any coastal recre-
ation waters for which the authority to implement a moni-
toring and notification program would be subject to the
delegation).
‘‘(4) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Administrator, through grants
awarded under this section, may pay up to 100 percent
of the costs of developing and implementing a program
for monitoring and notification under this subsection.
‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of
the costs of developing and implementing a monitoring
and notification program may be—
‘‘(i) in an amount not to exceed 50 percent, as
determined by the Administrator in consultation with
State, tribal, and local government representatives;
and
‘‘(ii) provided in cash or in kind.
‘‘(c) CONTENT OF STATE AND LOCAL GOVERNMENT PROGRAMS.—
As a condition of receipt of a grant under subsection (b), a State
or local government program for monitoring and notification under
this section shall identify—
‘‘(1) lists of coastal recreation waters in the State, including
coastal recreation waters adjacent to beaches or similar points
of access that are used by the public;
‘‘(2) in the case of a State program for monitoring and
notification, the process by which the State may delegate to
local governments responsibility for implementing the moni-
toring and notification program;
H. R. 999—5
‘‘(3) the frequency and location of monitoring and assess-
ment of coastal recreation waters based on—
‘‘(A) the periods of recreational use of the waters;
‘‘(B) the nature and extent of use during certain
periods;
‘‘(C) the proximity of the waters to known point sources
and nonpoint sources of pollution; and
‘‘(D) any effect of storm events on the waters;
‘‘(4)(A) the methods to be used for detecting levels of patho-
gens and pathogen indicators that are harmful to human
health; and
‘‘(B) the assessment procedures for identifying short-term
increases in pathogens and pathogen indicators that are harm-
ful to human health in coastal recreation waters (including
increases in relation to storm events);
‘‘(5) measures for prompt communication of the occurrence,
nature, location, pollutants involved, and extent of any
exceeding of, or likelihood of exceeding, applicable water quality
standards for pathogens and pathogen indicators to—
‘‘(A) the Administrator, in such form as the Adminis-
trator determines to be appropriate; and
‘‘(B) a designated official of a local government having
jurisdiction over land adjoining the coastal recreation
waters for which the failure to meet applicable standards
is identified;
‘‘(6) measures for the posting of signs at beaches or similar
points of access, or functionally equivalent communication
measures that are sufficient to give notice to the public that
the coastal recreation waters are not meeting or are not
expected to meet applicable water quality standards for patho-
gens and pathogen indicators; and
‘‘(7) measures that inform the public of the potential risks
associated with water contact activities in the coastal recreation
waters that do not meet applicable water quality standards.
‘‘(d) FEDERAL AGENCY PROGRAMS.—Not later than 3 years after
the date of the enactment of this section, each Federal agency
that has jurisdiction over coastal recreation waters adjacent to
beaches or similar points of access that are used by the public
shall develop and implement, through a process that provides for
public notice and an opportunity for comment, a monitoring and
notification program for the coastal recreation waters that—
‘‘(1) protects the public health and safety;
‘‘(2) is consistent with the performance criteria published
under subsection (a);
‘‘(3) includes a completed report on the information speci-
fied in subsection (b)(3)(A), to be submitted to the Adminis-
trator; and
‘‘(4) addresses the matters specified in subsection (c) .
‘‘(e) DATABASE.—The Administrator shall establish, maintain,
and make available to the public by electronic and other means
a national coastal recreation water pollution occurrence database
that provides—
‘‘(1) the data reported to the Administrator under sub-
sections (b)(3)(A)(i) and (d)(3); and
‘‘(2) other information concerning pathogens and pathogen
indicators in coastal recreation waters that—
H. R. 999—6
‘‘(A) is made available to the Administrator by a State
or local government, from a coastal water quality moni-
toring program of the State or local government; and
‘‘(B) the Administrator determines should be included.
‘‘(f ) TECHNICAL ASSISTANCE FOR MONITORING FLOATABLE MATE-
RIAL.—The Administrator shall provide technical assistance to
States and local governments for the development of assessment
and monitoring procedures for floatable material to protect public
health and safety in coastal recreation waters.
‘‘(g) LIST OF WATERS.—
‘‘(1) IN
GENERAL.—Beginning not later than 18 months
after the date of publication of performance criteria under
subsection (a), based on information made available to the
Administrator, the Administrator shall identify, and maintain
a list of, discrete coastal recreation waters adjacent to beaches
or similar points of access that are used by the public that—
‘‘(A) specifies any waters described in this paragraph
that are subject to a monitoring and notification program
consistent with the performance criteria established under
subsection (a); and
‘‘(B) specifies any waters described in this paragraph
for which there is no monitoring and notification program
(including waters for which fiscal constraints will prevent
the State or the Administrator from performing monitoring
and notification consistent with the performance criteria
established under subsection (a)).
‘‘(2) AVAILABILITY.—The Administrator shall make the list
described in paragraph (1) available to the public through—
‘‘(A) publication in the Federal Register; and
‘‘(B) electronic media.
‘‘(3) UPDATES.—The Administrator shall update the list
described in paragraph (1) periodically as new information
becomes available.
‘‘(h) EPA IMPLEMENTATION.—In the case of a State that has
no program for monitoring and notification that is consistent with
the performance criteria published under subsection (a) after the
last day of the 3-year period beginning on the date on which
the Administrator lists waters in the State under subsection
(g)(1)(B), the Administrator shall conduct a monitoring and notifica-
tion program for the listed waters based on a priority ranking
established by the Administrator using funds appropriated for
grants under subsection (i)—
‘‘(1) to conduct monitoring and notification; and
‘‘(2) for related salaries, expenses, and travel.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for making grants under subsection (b), including
implementation of monitoring and notification programs by the
Administrator under subsection (h), $30,000,000 for each of fiscal
years 2001 through 2005.’’.
SEC. 5. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362) is amended by adding at the end the following:
‘‘(21) COASTAL RECREATION WATERS.—
‘‘(A) IN GENERAL.—The term ‘coastal recreation waters’
means—
‘‘(i) the Great Lakes; and
H. R. 999—7
‘‘(ii) marine coastal waters (including coastal estu-
aries) that are designated under section 303(c) by a
State for use for swimming, bathing, surfing, or similar
water contact activities.
‘‘(B) EXCLUSIONS.—The term ‘coastal recreation waters’
does not include—
‘‘(i) inland waters; or
‘‘(ii) waters upstream of the mouth of a river or
stream having an unimpaired natural connection with
the open sea.
‘‘(22) FLOATABLE MATERIAL.—
‘‘(A) IN GENERAL.—The term ‘floatable material’ means
any foreign matter that may float or remain suspended
in the water column.
‘‘(B) 
INCLUSIONS.—The 
term 
‘floatable 
material’
includes—
‘‘(i) plastic;
‘‘(ii) aluminum cans;
‘‘(iii) wood products;
‘‘(iv) bottles; and
‘‘(v) paper products.
‘‘(23) PATHOGEN INDICATOR.—The term ‘pathogen indicator’
means a substance that indicates the potential for human infec-
tious disease.’’.
SEC. 6. INDIAN TRIBES.
Section 518(e) of the Federal Water Pollution Control Act (33
U.S.C. 1377(e)) is amended by striking ‘‘and 404’’ and inserting
‘‘404, and 406’’.
SEC. 7. REPORT.
(a) IN GENERAL.—Not later than 4 years after the date of
the enactment of this Act, and every 4 years thereafter, the
Administrator of the Environmental Protection Agency shall submit
to Congress a report that includes—
(1) recommendations concerning the need for additional
water quality criteria for pathogens and pathogen indicators
and other actions that should be taken to improve the quality
of coastal recreation waters;
(2) an evaluation of Federal, State, and local efforts to
implement this Act, including the amendments made by this
Act; and
(3) recommendations on improvements to methodologies
and techniques for monitoring of coastal recreation waters.
(b) COORDINATION.—The Administrator of the Environmental
Protection Agency may coordinate the report under this section
with other reporting requirements under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.).
H. R. 999—8
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the provi-
sions of this Act, including the amendments made by this Act,
for which amounts are not otherwise specifically authorized to
be appropriated, such sums as are necessary for each of fiscal
years 2001 through 2005.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.