232
licensing of a hydroelectric project under part I of the
Federal Power Act if the relevant Federal agency makes
the determination referred to in subsection (b) in accord-
ance with the mechanism described in subsection (c).
(b) DETERMINATION.—The determination referred to
in subsection (a) is a specific determination that a denial,
condition, or requirement of a certification under section
401 of the Federal Water Pollution Control Act for the
project is inconsistent with the purposes and requirements
of part I of the Federal Power Act.
(c) MECHANISM.—The dispute resolution mechanism
for purposes of subsection (a) shall be a mechanism estab-
lished by the relevant Federal agency, in consultation with
the Administrator and the States, for resolving any con-
flicts or unreasonable consequences resulting from actions
taken under section 401 by a State, an interstate water
pollution control agency, or the Administrator relating to
the issuance of a license (or to activities under such li-
cense) for a hydroelectric project under part I of the Fed-
eral Power Act. Such mechanism shall include, at a mini-
mum, a process whereby—
(1) the relevant Federal agency, in coordination
with the State, the interstate agency or the Adminis-
trator (as the case may be) may determine whether
any denial, condition, or requirement under section
233
401 of the Federal Water Pollution Control Act re-
lating to the issuance of such license or to activities
under such license is inconsistent with the purposes
and requirements of part I of the Federal Power
Act;
(2) such denial, condition, or requirement shall
be presumed to be consistent with the purposes and
requirements of part I of the Federal Power Act if
based on temperature, turbidity, or other objective
water quality criteria regulating discharges of pollut-
ants; and
(3) any denial, condition, or requirement not
based on such criteria shall be presumed to be con-
sistent with the purposes and requirements of part
I of the Federal Power Act unless the relevant Fed-
eral agency, after attempting to resolve any incon-
sistency, makes a specific determination under sub-
section (b) and publishes such determination, to-
gether with the basis for such determination, in the
license or other appropriate order.
SEC. 508. NEEDS ESTIMATE.
Section 516(b)(1) (33 U.S.C. 1375(b)(1)) is amend-
ed—
(1) in the first sentence by striking ‘‘biennially
revised’’ and inserting ‘‘quadrennially revised’’; and
234
(2) in the second sentence by striking ‘‘Feb-
ruary 10 of each odd-numbered year’’ and inserting
‘‘December 31, 1997, and December 31 of every 4th
calendar year thereafter’’.
SEC. 509. PROGRAM AUTHORIZATIONS.
(a) LIMIT ON AUTHORIZATIONS.—No funds are au-
thorized for any fiscal year after fiscal year 2000 for car-
rying out the programs and activities for which funds are
authorized by this Act, including amendments made by
this Act.
(b) GENERAL PROGRAM AUTHORIZATIONS.—Section
517 (33 U.S.C. 1376) is amended—
(1) by striking ‘‘and’’ before ‘‘$135,000,000’’;
and
(2) by inserting before the period at the end the
following: ‘‘, and such sums as may be necessary for
each of fiscal years 1991 through 2000’’.
SEC. 510. INDIAN TRIBES.
(a) COOPERATIVE AGREEMENTS.—Section 518(d)
(33 U.S.C. 1377(d)) is amended by adding at the end the
following: ‘‘In exercising the review and approval provided
in this paragraph, the Administrator shall respect the
terms of any cooperative agreement that addresses the au-
thority or responsibility of a State or Indian tribe to ad-
minister the requirements of this Act within the exterior
235
boundaries of a Federal Indian reservation, so long as that
agreement otherwise provides for the adequate administra-
tion of this Act.’’.
(b) TREATMENT AS STATES.—Section 518(e) (33
U.S.C. 1377(e)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘water resources which
are’’ and inserting ‘‘water resources within the
exterior boundaries of a Federal Indian reserva-
tion which are on or appurtenant to lands’’;
(B) by inserting ‘‘or’’ after ‘‘Indians,’’;
(C) by striking ‘‘member of an Indian
tribe’’ and inserting ‘‘member of the reserva-
tion’s governing Indian tribe’’;
(D) by striking ‘‘, or otherwise within the
borders of an Indian reservation’’; and
(E) by striking ‘‘and’’ at the end;
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) the Administrator’s action does not au-
thorize the Indian tribe to regulate lands owned in
whole or in part by nonmembers of the tribe or the
use of water resources on or appurtentant to such
lands.’’.
236
(c) DISPUTE RESOLUTION.—Section 518 is amend-
ed—
(1) by redesignating subsection (h) as sub-
section (j); and
(2) by inserting after subsection (g) the follow-
ing new subsection:
‘‘(h) DISPUTE
RESOLUTION.—The Administrator
shall promulgate, in consultation with States and Indian
tribes, regulations which provide for the resolution of any
unreasonable consequences that may arise as a result of
differing water quality standards that may be set by
States and Indian tribes located on common bodies of
water. Such mechanism shall provide, in a manner consist-
ent with the objectives of this Act, that persons who are
affected by differing tribal or State water quality permit
requirements have standing to utilize the dispute resolu-
tion process, and for the explicit consideration of relevant
factors, including the effects of differing water quality per-
mit requirements on upstream and downstream discharg-
ers, economic impacts, and present and historical uses and
quality of the waters subject to such standards.’’.
(d) PETITIONS
FOR
REVIEW.—Section 518 (33
U.S.C. 1377) is amended by inserting after subsection (h)
(as added by subsection (b) of this section) the following:
237
‘‘(i) DISTRICT COURTS; PETITION
FOR REVIEW;
STANDARD OF REVIEW.—Notwithstanding the provisions
of section 509, the United States district courts shall have
jurisdiction over actions brought to review any determina-
tion of the Administrator under section 518. Such an ac-
tion may be brought by a State or an Indian tribe and
shall be filed with the court within the 90-day period be-
ginning on the date of the determination of the Adminis-
trator is made. In any such action, the district court shall
review the Administrator’s determination de novo.’’.
(e) DEFINITIONS.—Section 518(j)(1), as redesig-
nated by subsection (b) of this section, is amended by in-
serting before the semicolon at the end the following: ‘‘,
and, in the State of Oklahoma, such term includes lands
held in trust by the United States for the benefit of an
Indian tribe or an individual member of an Indian tribe,
lands which are subject to Federal restrictions against
alienation, and lands which are located within a dependent
Indian community, as defined in section 1151 of title 18,
United States Code’’.
(f) RESERVATION OF FUNDS.—Section 518(c) (33
U.S.C. 1377(c)) is amended in the first sentence—
(1) by striking ‘‘beginning after September 30,
1986,’’;
238
(2) by striking ‘‘section 205(e)’’ and inserting
‘‘section 604(a)’’;
(3) by striking ‘‘one-half of’’; and
(4) by striking ‘‘section 207’’ and inserting
‘‘sections 607 and 608’’.
SEC. 511. FOOD PROCESSING AND FOOD SAFETY.
Title V (33 U.S.C. 1361–1377) is amended by redes-
ignating section 519 as section 522 and by inserting after
section 518 the following:
‘‘SEC. 519. FOOD PROCESSING AND FOOD SAFETY.
‘‘In developing any effluent guideline under section
304(b), pretreatment standard under section 307(b), or
new source performance standard under section 306 that
is applicable to the food processing industry, the Adminis-
trator shall consult with and consider the recommenda-
tions of the Food and Drug Administration, Department
of Health and Human Services, Department of Agri-
culture, and Department of Commerce. The recommenda-
tions of such departments and agencies and a description
of the Administrator’s response to those recommendations
shall be made part of the rulemaking record for the devel-
opment of such guidelines and standards. The Administra-
tor’s response shall include an explanation with respect to
food safety, including a discussion of relative risks, of any
239
departure from a recommendation by any such depart-
ment or agency.’’.
SEC. 512. AUDIT DISPUTE RESOLUTION.
Title V (33 U.S.C. 1361–1377) is further amended
by inserting before section 522, as redesignated by section
511 of this Act, the following:
‘‘SEC. 520. AUDIT DISPUTE RESOLUTION.
‘‘(a) ESTABLISHMENT
OF BOARD.—The Adminis-
trator shall establish an independent Board of Audit Ap-
peals (hereinafter in this section referred to as the
‘Board’) in accordance with the requirements of this sec-
tion.
‘‘(b) DUTIES.—The Board shall have the authority
to review and decide contested audit determinations relat-
ed to grant and contract awards under this Act. In carry-
ing out such duties, the Board shall consider only those
regulations, guidance, policies, facts, and circumstances in
effect at the time of the grant or contract award.
‘‘(c) PRIOR ELIGIBILITY DECISIONS.—The Board
shall not reverse project cost eligibility determinations that
are supported by an decision document of the Environ-
mental Protection Agency, including grant or contract ap-
provals, plans and specifications approval forms, grant or
contract payments, change order approval forms, or simi-
lar documents approving project cost eligibility, except
240
upon a showing that such decision was arbitrary, capri-
cious, or an abuse of law in effect at the time of such
decision.
‘‘(d) MEMBERSHIP.—
‘‘(1) APPOINTMENT.—The Board shall be com-
posed of 7 members to be appointed by the Adminis-
trator not later than 90 days after the date of the
enactment of this section.
‘‘(2) TERMS.—Each member shall be appointed
for a term of 3 years.
‘‘(3) 
QUALIFICATIONS.—The 
Administrator
shall appoint as members of the Board individuals
who are specially qualified to serve on the Board by
virtue of their expertise in grant and contracting
procedures. The Administrator shall make every ef-
fort to ensure that individuals appointed as members
of the Board are free from conflicts of interest in
carrying out the duties of the Board.
‘‘(e) BASIC PAY AND TRAVEL EXPENSES.—
‘‘(1) RATES OF PAY.—Except as provided in
paragraph (2), members shall each be paid at a rate
of basic pay, to be determined by the Administrator,
for each day (including travel time) during which
they are engaged in the actual performance of duties
vested in the Board.
241
‘‘(2) PROHIBITION OF COMPENSATION OF FED-
ERAL EMPLOYEES.—Members of the Board who are
full-time officers or employees of the United States
may not receive additional pay, allowances, or bene-
fits by reason of their service on the Board.
‘‘(3) TRAVEL EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
‘‘(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Board, the Administrator shall provide
to the Board the administrative support services necessary
for the Board to carry out its responsibilities under this
section.
‘‘(g) DISPUTES ELIGIBLE FOR REVIEW.—The au-
thority of the Board under this section shall extend to any
contested audit determination that on the date of the en-
actment of this section has yet to be formally concluded
and accepted by either the grantee or the Administrator.’’.
SEC. 513. AMERICAN-MADE EQUIPMENT AND PRODUCTS.
Title V (33 U.S.C. 1361-1377) is further amended
by inserting before section 522, as redesignated by section
511 of this Act, the following:
242
‘‘SEC. 521. AMERICAN-MADE EQUIPMENT AND PRODUCTS.
‘‘(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—It is the sense of Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available under this Act
should be American-made.
‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In
providing financial assistance under this Act, the Adminis-
trator, to the greatest extent practicable, shall provide to
each recipient of the assistance a notice describing the
sense of Congress expressed by subsection (a).’’.
TITLE VI—STATE WATER POLLU-
TION CONTROL REVOLVING
FUNDS
SEC. 601. 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. 602. CAPITALIZATION GRANT AGREEMENTS.
(a) REQUIREMENTS FOR CONSTRUCTION OF TREAT-
MENT
WORKS.—Section 
602(b)(6) 
(33 
U.S.C.
1382(b)(6)) is amended—
(1) by striking ‘‘before fiscal year 1995’’; and
243
(2) by striking ‘‘201(b)’’ and all that follows
through ‘‘218’’ and inserting ‘‘211’’.
(b) COMPLIANCE WITH OTHER FEDERAL LAWS.—
Section 602 (33 U.S.C. 1382) is amended by adding at
the end the following:
‘‘(c) OTHER FEDERAL LAWS.—
‘‘(1) COMPLIANCE
WITH
OTHER
FEDERAL
LAWS.—If a State provides assistance from its water
pollution control revolving fund established in ac-
cordance with this title and in accordance with a
statute, rule, executive order, or program of the
State which addresses the intent of any requirement
or any Federal executive order or law other than
this Act, as determined by the State, the State in
providing such assistance shall be treated as having
met the Federal requirements.
‘‘(2) LIMITATION ON APPLICABILITY OF OTHER
FEDERAL LAWS.—If a State does not meet a re-
quirement of a Federal executive order or law other
than this Act under paragraph (1), such Federal law
shall only apply to Federal funds deposited in the
water pollution control revolving fund established by
the State in accordance with this title the first time
such funds are used to provide assistance from the
revolving fund.’’.