196
‘‘(C) Identification of the waters of the
United States impacted by the abandoned or in-
active mined lands.
‘‘(D) A description of the physical condi-
tions at the abandoned or inactive mined lands
that are causing adverse water quality impacts.
‘‘(E) A description of practices, including
system design and construction plans and oper-
ation and maintenance plans, proposed to re-
duce, control, mitigate, or eliminate the adverse
water quality impacts and a schedule for imple-
menting such practices and, if it is an existing
remediation project, a description of practices
proposed to improve the project, if any.
‘‘(F) An analysis demonstrating that the
identified practices are expected to result in a
water quality improvement for the identified wa-
ters.
‘‘(G) A description of monitoring or other
assessment to be undertaken to evaluate the suc-
cess of the practices during and after implemen-
tation, including an assessment of baseline con-
ditions.
197
‘‘(H) A schedule for periodic reporting on
progress in implementation of major elements of
the plan.
‘‘(I) A budget and identified funding to
support the activities described in the plan.
‘‘(J) Remediation goals and objectives.
‘‘(K) Contingency plans.
‘‘(L) A description of the applicant’s legal
right to enter and conduct activities.
‘‘(M) The signature of the applicant.
‘‘(N) Identification of the pollutant or pol-
lutants to be addressed by the plan.
‘‘(4) PERMITS.—
‘‘(A) CONTENTS.—Permits issued by the
Administrator 
pursuant 
to 
this 
subsection
shall—
‘‘(i) provide for compliance with and
implementation of a remediation plan
which, following issuance of the permit,
may be modified by the applicant after pro-
viding notification to and opportunity for
review by the Administrator;
‘‘(ii) require that any modification of
the plan be reflected in a modified permit;
198
‘‘(iii) require that if, at any time after
notice to the remediating party and oppor-
tunity for comment by the remediating
party, the Administrator determines that
the remediating party is not implementing
the approved remediation plan in substan-
tial compliance with its terms, the Adminis-
trator shall notify the remediating party of
the determination together with a list speci-
fying the concerns of the Administrator;
‘‘(iv) provide that, if the identified
concerns are not resolved or a compliance
plan approved within 180 days of the date
of the notification, the Administrator may
take action under section 309 of this Act;
‘‘(v) provide that clauses (iii) and (iv)
not apply in the case of any action under
section 309 to address violations involving
gross negligence (including reckless, willful,
or wanton misconduct) or intentional mis-
conduct by the remediating party or any
other person;
‘‘(vi) not require compliance with any
limitation issued under sections 301(b),
302, and 403 or any requirement estab-
199
lished by the Administrator under any sub-
section of this section (other than this sub-
section); and
‘‘(vii) provide for termination of cov-
erage under the permit without the remedi-
ating party being subject to enforcement
under sections 309 and 505 of this Act for
any remaining discharges—
‘‘(I) after implementation of the
remediation plan;
‘‘(II) if a party obtains a permit
to mine the site; or
‘‘(III) upon a demonstration by
the remediating party that the surface
water quality conditions due to reme-
diation activities at the site, taken as
a whole, are equal to or superior to the
surface water qualities that existed
prior to initiation of remediation.
‘‘(B) 
LIMITATIONS.—The 
Administrator
shall only issue a permit under this section, con-
sistent with the provisions of this subsection, to
a remediating party for discharges associated
with remediation action at abandoned or inac-
tive mined lands if the remediation plan dem-
200
onstrates with reasonable certainty that the ac-
tions will result in an improvement in water
quality.
‘‘(C) PUBLIC PARTICIPATION.—The Admin-
istrator may only issue a permit or modify a
permit under this section after complying with
subsection (b)(3).
‘‘(D) EFFECT OF FAILURE TO COMPLY WITH
PERMIT.—Failure to comply with terms of a per-
mit issued pursuant to this subsection shall not
be deemed to be a violation of an effluent stand-
ard or limitation issued under this Act.
‘‘(E) LIMITATIONS
ON
STATUTORY
CON-
STRUCTION.—This subsection shall not be con-
strued—
‘‘(i) to limit or otherwise affect the Ad-
ministrator’s powers under section 504; or
‘‘(ii) to preclude actions pursuant to
section 309 or 505 for any violations of sec-
tions 301(a), 302, 402, and 403 that may
have existed for the abandoned or inactive
mined land prior to initiation of remedi-
ation covered by a permit issued under this
subsection, unless such permit covers reme-
202
‘‘(B) ABANDONED
OR
INACTIVE
MINED
LANDS.—The term ‘abandoned or inactive mined
lands’ means lands that were formerly mined
and are not actively mined or in temporary
shutdown at the time of submission of the reme-
diation plan and issuance of a permit under this
section.
‘‘(C) MINED
LANDS.—The term ‘mined
lands’ means the surface or subsurface of an area
where mining operations, including exploration,
extraction, processing, and beneficiation, have
been conducted. Such term includes private ways
and roads appurtenant to such area, land exca-
vations, underground mine portals, adits, and
surface expressions associated with underground
workings, such as glory holes and subsidence fea-
tures, mining waste, smelting sites associated
with other mined lands, and areas where struc-
tures, facilities, equipment, machines, tools, or
other material or property which result from or
have been used in the mining operation are lo-
cated.
‘‘(6) REGULATIONS.—The Administrator may
issue regulations establishing more specific require-
ments that the Administrator determines would facili-
203
tate implementation of this subsection. Before issu-
ance of such regulations, the Administrator may es-
tablish, on a case-by-case basis after notice and op-
portunity for public comment as provided by sub-
section (b)(3), more specific requirements that the Ad-
ministrator determines would facilitate implementa-
tion of this subsection in an individual permit issued
to the remediating party.’’.
SEC. 410. BENEFICIAL USE OF BIOSOLIDS.
(a) 
REFERENCES.—Section 
405(a) 
(33 
U.S.C.
1345(a)) is amended by inserting ‘‘(also referred to as
‘biosolids’)’’ after ‘‘sewage sludge’’ the first place it appears.
(b) APPROVAL OF STATE PROGRAMS.—Section 405(f)
(33 U.S.C. 1345(f)) is amended by adding at the end the
following:
‘‘(3) APPROVAL OF STATE PROGRAMS.—Notwith-
standing any other provision of law, the Adminis-
trator shall approve for purposes of this subsection
State programs that meet the standards for final use
or disposal of sewage sludge established by the Admin-
istrator pursuant to subsection (d).’’.
(c) STUDIES
AND PROJECTS.—Section 405(g) (33
U.S.C. 1345(g)) is amended—
204
(1) in the first sentence of paragraph (1) by in-
serting ‘‘building materials,’’ after ‘‘agricultural and
horticultural uses,’’;
(2) in paragraph (1) by adding at the end the
following: ‘‘Not later than January 1, 1997, and after
providing notice and opportunity for public comment,
the Administrator shall issue guidance on the bene-
ficial use of sewage sludge.’’; and
(3) in paragraph (2) by striking ‘‘September 30,
1986,’’ and inserting ‘‘September 30, 1995,’’.
SEC. 411. WASTE TREATMENT SYSTEMS DEFINED.
Title IV (33 U.S.C. 1341–1345) is further amended by
adding at the end the following:
‘‘SEC. 406. WASTE TREATMENT SYSTEMS DEFINED.
‘‘(a) ISSUANCE OF REGULATIONS.—Not later than 1
year of the date of the enactment of this section, the Admin-
istrator, after consultation with State officials, shall issue
a regulation defining ‘waste treatment systems’.
‘‘(b) INCLUSION OF AREAS.—
‘‘(1) AREAS WHICH MAY BE INCLUDED.—In de-
fining the term ‘waste treatment systems’ under sub-
section (a), the Administrator may include areas used
for the treatment of wastes if the Administrator deter-
mines that such inclusion will not interfere with the
goals of this Act.
205
‘‘(2) AREAS WHICH SHALL BE INCLUDED.—In
defining the term ‘waste treatment systems’ under
subsection (a), the Administrator shall include, at a
minimum, areas used for detention, retention, treat-
ment, 
settling, 
conveyance, 
or 
evaporation 
of
wastewater, stormwater, or cooling water unless—
‘‘(A) the area was created in or resulted
from the impoundment or other modification of
navigable waters and construction of the area
commenced after the date of the enactment of this
section;
‘‘(B) on or after February 15, 1995, the
owner or operator allows the area to be used by
interstate or foreign travelers for recreational
purposes; or
‘‘(C) on or after February 15, 1995, the
owner or operator allows the taking of fish or
shellfish from the area for sale in interstate or
foreign commerce.
‘‘(c) INTERIM PERIOD.—Before the date of issuance of
regulations under subsection (a), the Administrator or the
State (in the case of a State with an approved permit pro-
gram under section 402) shall not require a new permit
under section 402 or section 404 for any discharge into any
area used for detention, retention, treatment, settling, con-
206
veyance, or evaporation of wastewater, stormwater, or cool-
ing water unless the area is an area described in subsection
(b)(2)(A), (b)(2)(B), or (b)(2)(C).
‘‘(d) SAVINGS CLAUSE.—Any area which the Adminis-
trator or the State (in the case of a State with an approved
permit program under section 402) determined, before Feb-
ruary 15, 1995, is a water of the United States and for
which, pursuant to such determination, the Administrator
or State issued, before February 15, 1995, a permit under
section 402 for discharges into such area shall remain a
water of the United States.
‘‘(e) REGULATION OF OTHER AREAS.—With respect to
areas constructed for detention, retention, treatment, set-
tling, 
conveyance, 
or 
evaporation 
of 
wastewater,
stormwater, or cooling water that are not waste treatment
systems as defined by the Administrator pursuant to this
section and that the Administrator determines are navi-
gable waters under this Act, the Administrator or the
States, in establishing standards pursuant to section 303(c)
of this Act or implementing other requirements of this Act,
shall give due consideration to the uses for which such areas
were designed and constructed, and need not establish
standards or other requirements that will impede such
uses.’’.
207
SEC. 412. THERMAL DISCHARGES.
A municipal utility that before the date of the enact-
ment of this section has been issued a permit under section
402 of the Federal Water Pollution Control Act for dis-
charges into the Upper Greater Miami River, Ohio, shall
not be required under such Act to construct a cooling tower
or operate under a thermal management plan unless—
(1) the Administrator or the State of Ohio deter-
mines based on scientific evidence that such dis-
charges result in harm to aquatic life; or
(2) the municipal utility has applied for and
been denied a thermal discharge variance under sec-
tion 316(a) of such Act.
TITLE V—GENERAL PROVISIONS
SEC. 501. CONSULTATION WITH STATES.
Section 501 (33 U.S.C. 1361) is amended by adding
at the end the following new subsection:
‘‘(g) CONSULTATION WITH STATES.—
‘‘(1) IN GENERAL.—The Administrator shall con-
sult with and substantially involve State governments
and their representative organizations and, to the ex-
tent that they participate in the administration of
this Act, tribal and local governments, in the Envi-
ronmental Protection Agency’s decisionmaking, prior-
ity setting, policy and guidance development, and im-
plementation under this Act.
208
‘‘(2) INAPPLICABILITY
OF
FEDERAL
ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to meetings held
to carry out paragraph (1)—
‘‘(A) if such meetings are held exclusively
between Federal officials and elected officers of
State, local, and tribal governments (or their
designated employees with authority to act on
their behalf) acting in their official capacities;
and
‘‘(B) if such meetings are solely for the pur-
poses of exchanging views, information, or advice
relating to the management or implementation
of this Act.
‘‘(3) IMPLEMENTING
GUIDELINES.—No later
than 6 months after the date of the enactment of this
paragraph, the Administrator shall issue guidelines
for appropriate implementation of this subsection
consistent with applicable laws and regulations.’’.
SEC. 502. NAVIGABLE WATERS DEFINED.
Section 502(7) (33 U.S.C. 1362(7)) is amended by
adding at the end the following: ‘‘Such term does not in-
clude ‘waste treatment systems’, as defined under section
406.’’.
209
SEC. 503. CAFO DEFINITION CLARIFICATION.
Section 502(14) (33 U.S.C. 1362(14)) is further
amended—
(1) by inserting ‘‘(other than an intermittent
nonproducing livestock operation such as a stockyard
or a holding and sorting facility)’’ after ‘‘feeding op-
eration’’; and
(2) by adding at the end the following: ‘‘The
term does include an intermittent nonproducing live-
stock operation if the average number of animal units
that are fed or maintained in any 90-day period ex-
ceeds the number of animal units determined by the
Administrator or the State (in the case of a State
with an approved permit program under section 402)
to constitute a concentrated animal feeding operation
or if the operation is designated by the Administrator
or State as a significant contributor of pollution.’’.
SEC. 504. PUBLICLY OWNED TREATMENT WORKS DEFINED.
Section 502 (33 U.S.C. 1362) is further amended by
adding at the end the following:
‘‘(27) The term ‘publicly owned treatment works’
means a treatment works, as defined in section 212, located
at other than an industrial facility, which is designed and
constructed principally, as determined by the Adminis-
trator, to treat domestic sewage or a mixture of domestic
sewage and industrial wastes of a liquid nature. In the case
210
of such a facility that is privately owned, such term in-
cludes only those facilities that, with respect to such indus-
trial wastes, are carrying out a pretreatment program
meeting all the requirements established under section 307
and paragraphs (8) and (9) of section 402(b) for
pretreatment programs (whether or not the treatment works
would be required to implement a pretreatment program
pursuant to such sections).’’.
SEC. 505. STATE WATER QUANTITY RIGHTS.
(a) POLICY.—Section 101(g) (33 U.S.C. 1251(g)) is
amended by inserting before the period at the end of the
last sentence ‘‘and in accordance with section 510(b) of this
Act’’.
(b) STATE AUTHORITY.—Section 510 (33 U.S.C. 1370)
is amended—
(1) by striking the section heading and ‘‘SEC.
510. Except’’ and inserting the following:
‘‘SEC. 510. STATE AUTHORITY.
‘‘(a) IN GENERAL.—Except’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) WATER RIGHTS.—Nothing in this Act shall be
construed to supersede, abrogate, or otherwise impair any
right or authority of a State to allocate quantities of water
(including boundary waters). Nothing in this Act shall be
211
implemented, enforced, or construed to allow any officer or
agency of the United States to utilize directly or indirectly
the authorities established under this Act to impose any re-
quirement not imposed by the State which would supersede,
abrogate, or otherwise impair rights to the use of water re-
sources allocated under State law, interstate water compact,
or Supreme Court decree, or held by the United States for
use by a State, its political subdivisions, or its citizens. No
water rights arise in the United States or any other person
under the provisions of this Act. This subsection shall not
be construed as limiting any State’s authority under section
401 of this Act, as excusing any person from obtaining a
permit under section 402 or 404 of this Act, or as excusing
any obligation to comply with requirements established by
a State to implement section 319.’’.
SEC. 506. IMPLEMENTATION OF WATER POLLUTION LAWS
WITH RESPECT TO VEGETABLE OIL.
(a) DIFFERENTIATION
AMONG
FATS, OILS, 
AND
GREASES.—
(1) IN GENERAL.—In issuing or enforcing a reg-
ulation, an interpretation, or a guideline relating to
a fat, oil, or grease under a Federal law related to
water pollution control, the head of a Federal agency
shall—
212
(A) differentiate between and establish sepa-
rate classes for—
(i)(I) animal fats; and
(II) vegetable oils; and
(ii) other oils, including petroleum oil;
and
(B) apply different standards and reporting
requirements (including reporting requirements
based on quantitative amounts) to different
classes of fat and oil as provided in paragraph
(2).
(2) CONSIDERATIONS.—In differentiating be-
tween the classes of animal fats and vegetable oils re-
ferred to in paragraph (1)(A)(i) and the classes of oils
described in paragraph (1)(A)(ii), the head of the
Federal agency shall consider differences in physical,
chemical, biological, and other properties, and in the
environmental effects, of the classes.
(b) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) ANIMAL FAT.—The term ‘‘animal fat’’ means
each type of animal fat, oil, or grease, including fat,
oil, or grease from fish or a marine mammal and any
fat, oil, or grease referred to in section 61(a)(2) of
title 13, United States Code.
213
(2) VEGETABLE OIL.—The term ‘‘vegetable oil’’
means each type of vegetable oil, including vegetable
oil from a seed, nut, or kernel and any vegetable oil
referred to in section 61(a)(1) of title 13, United
States Code.
SEC. 507. 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
(2) in the second sentence by striking ‘‘February
10 of each odd-numbered year’’ and inserting ‘‘De-
cember 31, 1997, and December 31 of every 4th cal-
endar year thereafter’’.
SEC. 508. 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. 509. INDIAN TRIBES.
(a) COOPERATIVE AGREEMENTS.—Section 518(d) (33
U.S.C. 1377(d)) is amended by adding at the end the follow-
ing: ‘‘In exercising the review and approval provided in
214
this paragraph, the Administrator shall respect the terms
of any cooperative agreement that addresses the authority
or responsibility of a State or Indian tribe to administer
the requirements of this Act within the exterior boundaries
of a Federal Indian reservation, so long as that agreement
otherwise provides for the adequate administration of this
Act.’’.
(b) DISPUTE RESOLUTION.—Section 518 is amend-
ed—
(1) by redesignating subsection (h) as subsection
(j); and
(2) by inserting after subsection (g) the following
new subsection:
‘‘(h) DISPUTE RESOLUTION.—The Administrator shall
promulgate, in consultation with States and Indian tribes,
regulations which provide for the resolution of any unrea-
sonable consequences that may arise as a result of differing
water quality standards that may be set by States and In-
dian tribes located on common bodies of water. Such mecha-
nism shall provide, in a manner consistent with the objec-
tives of this Act, that persons who are affected by differing
tribal or State water quality permit requirements have
standing to utilize the dispute resolution process, and for
the explicit consideration of relevant factors, including the
effects of differing water quality permit requirements on up-
215
stream and downstream dischargers, economic impacts, and
present and historical uses and quality of the waters subject
to such standards.’’.
(c) 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:
‘‘(i) DISTRICT
COURTS; PETITION
FOR
REVIEW;
STANDARD OF REVIEW.—Notwithstanding the provisions of
section 509, the United States district courts shall have ju-
risdiction over actions brought to review any determination
of the Administrator under section 518. Such an action
may be brought by a State or an Indian tribe and shall
be filed with the court within the 90-day period beginning
on the date of the determination of the Administrator is
made. In any such action, the district court shall review
the Administrator’s determination de novo.’’.
(d) DEFINITIONS.—Section 518(j)(1), as redesignated
by subsection (b) of this section, is amended by inserting
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’’.
216
(e) 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,’’;
(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 ‘‘sec-
tions 607 and 608’’.
SEC. 510. FOOD PROCESSING AND FOOD SAFETY.
Title V (33 U.S.C. 1361–1377) is amended by redesig-
nating section 519 as section 521 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 ap-
plicable to the food processing industry, the Administrator
shall consult with and consider the recommendations of the
Food and Drug Administration, Department of Health and
Human Services, Department of Agriculture, and Depart-
ment of Commerce. The recommendations of such depart-
ments and agencies and a description of the Administra-
tor’s response to those recommendations shall be made part
of the rulemaking record for the development of such guide-
217
lines and standards. The Administrator’s response shall in-
clude an explanation with respect to food safety, including
a discussion of relative risks, of any departure from a rec-
ommendation by any such department or agency.’’.
SEC. 511. AUDIT DISPUTE RESOLUTION.
Title V (33 U.S.C. 1361–1377) is further amended by
inserting before section 521, as redesignated by section 510
of this Act, the following:
‘‘SEC. 520. AUDIT DISPUTE RESOLUTION.
‘‘(a) ESTABLISHMENT OF BOARD.—The Administrator
shall establish an independent Board of Audit Appeals
(hereinafter in this section referred to as the ‘Board’) in
accordance with the requirements of this section.
‘‘(b) DUTIES.—The Board shall have the authority to
review and decide contested audit determinations related to
grant and contract awards under this Act. In carrying 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 Environmental
Protection Agency, including grant or contract approvals,
plans and specifications approval forms, grant or contract
payments, change order approval forms, or similar docu-
218
ments approving project cost eligibility, except upon a
showing that such decision was arbitrary, capricious, 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 en-
actment 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 effort 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.
219
‘‘(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 re-
ceive 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 author-
ity of the Board under this section shall extend to any con-
tested audit determination that on the date of the enactment
of this section has yet to be formally concluded and accepted
by either the grantee or the Administrator.’’.
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
220
the period and inserting ‘‘to accomplish the purposes 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
(2) by striking ‘‘201(b)’’ and all that follows
through ‘‘218’’ and inserting ‘‘211’’.
(b) COMPLIANCE WITH OTHER FEDERAL LAWS.—Sec-
tion 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 accord-
ance 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 Fed-
eral executive order or law other than this Act, as de-
termined by the State, the State in providing such as-
sistance shall be treated as having met the Federal re-
quirements.
‘‘(2) LIMITATION ON APPLICABILITY OF OTHER
FEDERAL LAWS.—If a State does not meet a require-
221
ment 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 revolv-
ing fund.’’.
(c) GUIDANCE FOR SMALL SYSTEMS.—Section 602 (33
U.S.C. 1382) is amended by adding at the end the following
new subsection:
‘‘(d) GUIDANCE FOR SMALL SYSTEMS.—
‘‘(1) SIMPLIFIED PROCEDURES.—Not later than
1 year after the date of the 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 the 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
222
which a municipality or intermunicipal, interstate,
or State agency seeks assistance under this title and
which serves a population of 20,000 or less.’’.
SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN
FUNDS.
(a) ACTIVITIES ELIGIBLE FOR ASSISTANCE.—Section
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 avail-
able to each State water pollution control revolving
fund shall be used only for providing financial assist-
ance to activities which have as a principal benefit
the improvement or protection of water quality to a
municipality, intermunicipal agency, interstate agen-
cy, State agency, or other person. Such activities may
include the following:
‘‘(A) Construction of a publicly owned
treatment works if the recipient of such assist-
ance is a municipality.
‘‘(B) Implementation of lake protection pro-
grams and projects under section 314.
‘‘(C) Implementation of a management pro-
gram under section 319.
‘‘(D) Implementation of a conservation and
management plan under section 320.
223
‘‘(E) Implementation of a watershed man-
agement plan under section 321.
‘‘(F) Implementation of a stormwater man-
agement program under section 322.
‘‘(G) Acquisition of property rights for the
restoration or protection of publicly or privately
owned riparian areas.
‘‘(H) Implementation of measures to im-
prove the efficiency of public water use.
‘‘(I) Development and implementation of
plans by a public recipient to prevent water pol-
lution.
‘‘(J) Acquisition of lands necessary to meet
any mitigation requirements related to construc-
tion of a publicly owned treatment works.
‘‘(2) FUND AMOUNTS.—The water pollution con-
trol revolving fund of a State shall be established,
maintained, and credited with repayments, and the
fund balance shall be available in perpetuity for pro-
viding financial assistance described in paragraph
(1). Fees charged by a State to recipients of such as-
sistance may be deposited in the fund for the sole pur-
pose of financing the cost of administration of this
title.’’.
224
(b) EXTENDED REPAYMENT PERIOD FOR DISADVAN-
TAGED
COMMUNITIES.—Section 603(d)(1) (33 U.S.C.
1383(d)(1)) is amended—
(1) in subparagraph (A) by inserting after ‘‘20
years’’ the following: ‘‘or, in the case of a disadvan-
taged community, the lesser of 40 years or the ex-
pected life of the project to be financed with the pro-
ceeds of the loan’’; and
(2) in subparagraph (B) by striking ‘‘not later
than 20 years after project completion’’ and inserting
‘‘upon the expiration of the term of the loan’’.
(c) LOAN
GUARANTEES
FOR
INNOVATIVE
TECH-
NOLOGY.—Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is
amended to read as follows:
‘‘(5) to provide loan guarantees for—
‘‘(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
‘‘(B) developing and implementing innova-
tive technologies.’’.
(d) ADMINISTRATIVE EXPENSES.—Section 603(d)(7)
(33 U.S.C. 1383(d)(7)) is amended by inserting before the
period at the end the following: ‘‘or $400,000 per year,
whichever is greater, plus the amount of any fees collected
by the State for such purpose under subsection (c)(2)’’.
225
(e) TECHNICAL
AND
PLANNING
ASSISTANCE
FOR
SMALL SYSTEMS.—Section 603(d) (33 U.S.C. 1383(d)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following new para-
graph:
‘‘(8) to provide to small systems technical and
planning assistance and assistance in financial man-
agement, user fee analysis, budgeting, capital im-
provement planning, facility operation and mainte-
nance, repair schedules, and other activities to im-
prove wastewater treatment plant operations; except
that such amounts shall not exceed 2 percent of all
grant awards to such fund under this title.’’.
(f) CONSISTENCY WITH PLANNING REQUIREMENTS.—
Section 603(f) (33 U.S.C. 1383(f)) is amended by striking
‘‘and 320’’ and inserting ‘‘320, 321, and 322’’.
(g) LIMITATIONS ON CONSTRUCTION ASSISTANCE.—
Section 603(g) (33 U.S.C. 1383(g)) is amended to read as
follows:
‘‘(g) LIMITATIONS ON CONSTRUCTION ASSISTANCE.—
The State may provide financial assistance from its water
226
pollution control revolving fund with respect to a project
for construction of a treatment works only if—
‘‘(1) such project is on the State’s priority list
under section 216 of this Act; and
‘‘(2) the recipient of such assistance is a munici-
pality in any case in which the treatment works is
privately owned.’’.
(h) INTEREST RATES.—Section 603 is further amend-
ed by adding at the end the following:
‘‘(i) INTEREST RATES.—In any case in which a State
makes a loan pursuant to subsection (d)(1) to a disadvan-
taged community, the State may charge a negative interest
rate of not to exceed 2 percent to reduce the unpaid prin-
cipal of the loan. The aggregate amount of all such negative
interest rate loans the State makes in a fiscal year shall
not exceed 20 percent of the aggregate amount of all loans
made by the State from its revolving loan fund in such fis-
cal year.
‘‘(j) DISADVANTAGED COMMUNITY DEFINED.—As used
in this section, the term ‘disadvantaged community’ means
the service area of a publicly owned treatment works with
respect to which the average annual residential sewage
treatment charges for a user of the treatment works meet
affordability criteria established by the State in which the
treatment works is located (after providing for public re-
227
view and comment) in accordance with guidelines to be es-
tablished by the Administrator, in cooperation with the
States.’’.
(i) SALE OF TREATMENT WORKS.—Section 603 is fur-
ther amended by adding at the end the following:
‘‘(k) SALE OF TREATMENT WORKS.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provisions of this Act, any State, municipality,
intermunicipality, or interstate agency may transfer
by sale to a qualified private sector entity all or part
of a treatment works that is owned by such agency
and for which it received Federal financial assistance
under this Act if the transfer price will be distributed,
as amounts are received, in the following order:
‘‘(A) First reimbursement of the agency of
the unadjusted dollar amount of the costs of con-
struction of the treatment works or part thereof
plus any transaction and fix-up costs incurred
by the agency with respect to the transfer less the
amount of such Federal financial assistance pro-
vided with respect to such costs.
‘‘(B) If proceeds from the transfer remain
after such reimbursement, repayment of the Fed-
eral Government of the amount of such Federal
financial assistance less the applicable share of
228
accumulated depreciation on such treatment
works (calculated using Internal Revenue Service
accelerated depreciation schedule applicable to
treatment works).
‘‘(C) If any proceeds of such transfer re-
main after such reimbursement and repayment,
retention of the remaining proceeds by such
agency.
‘‘(2) RELEASE OF CONDITION.—Any requirement
imposed by regulation or policy for a showing that
the treatment works are no longer needed to serve
their original purpose shall not apply.
‘‘(3) SELECTION OF BUYER.—A State, munici-
pality, intermunicipality, or interstate agency exer-
cising the authority granted by this subsection shall
select a qualified private sector entity on the basis of
total net cost and other appropriate criteria and shall
utilize such competitive bidding, direct negotiation, or
other criteria and procedures as may be required by
State law.
‘‘(l) PRIVATE OWNERSHIP OF TREATMENT WORKS.—
‘‘(1) REGULATORY REVIEW.—The Administrator
shall review the law and any regulations, policies,
and procedures of the Environmental Protection
Agency affecting the construction, improvement, re-
229
placement, operation, maintenance, and transfer of
ownership of current and future treatment works
owned by a State, municipality, intermunicipality,
or interstate agency. If permitted by law, the Admin-
istrator shall modify such regulations, policies, and
procedures to eliminate any obstacles to the construc-
tion, improvement, replacement, operation, and
maintenance of such treatment works by qualified
private sector entities.
‘‘(2) REPORT.—Not later than 180 days after the
date of enactment of this subsection, the Adminis-
trator shall submit to Congress a report identifying
any provisions of law that must be changed in order
to eliminate any obstacles referred to in paragraph
(1).
‘‘(3) DEFINITION.—For purposes of this section,
the term ‘qualified private sector entity’ means any
nongovernmental individual, group, association, busi-
ness, partnership, organization, or privately or pub-
licly held corporation that—
‘‘(A) has sufficient experience and expertise
to discharge successfully the responsibilities asso-
ciated with construction, operation, and mainte-
nance of a treatment works and to satisfy any
guarantees that are agreed to in connection with
230
a transfer of treatment works under subsection
(k);
‘‘(B) has the ability to assure protection
against insolvency and interruption of services
through contractual and financial guarantees;
and
‘‘(C) with respect to subsection (k), to the
extent consistent with the North American Free
Trade Agreement and the General Agreement on
Tariffs and Trade—
‘‘(i) is majority-owned and controlled
by citizens of the United States; and
‘‘(ii) does not receive subsidies from a
foreign government.’’.
SEC. 604. ALLOTMENT OF FUNDS.
(a) IN GENERAL.—Section 604(a) (33 U.S.C. 1384(a))
is amended to read as follows:
‘‘(a) FORMULA FOR FISCAL YEARS 1996–2000.—Sums
authorized to be appropriated pursuant to section 607 for
each of fiscal years 1996, 1997, 1998, 1999, and 2000 shall
be allotted for such year by the Administrator not later than
the 10th day which begins after the date of the enactment
of the Clean Water Amendments of 1995. Sums authorized
for each such fiscal year shall be allotted in accordance with
the following table:
231
Percentage of sums
‘‘States:
authorized:
Alabama .........................................................................................
1.0110
Alaska .............................................................................................
0.5411
Arizona ...........................................................................................
0.7464
Arkansas .........................................................................................
0.5914
California .......................................................................................
7.9031
Colorado ..........................................................................................
0.7232
Connecticut .....................................................................................
1.3537
Delaware .........................................................................................
0.4438
District of Columbia ......................................................................
0.4438
Florida ............................................................................................
3.4462
Georgia ...........................................................................................
1.8683
Hawaii ...........................................................................................
0.7002
Idaho ...............................................................................................
0.4438
Illinois ............................................................................................
4.9976
Indiana ...........................................................................................
2.6631
Iowa ................................................................................................
1.2236
Kansas ............................................................................................
0.8690
Kentucky .........................................................................................
1.3570
Louisiana .......................................................................................
1.0060
Maine ..............................................................................................
0.6999
Maryland ........................................................................................
2.1867
Massachusetts .................................................................................
3.7518
Michigan .........................................................................................
3.8875
Minnesota .......................................................................................
1.6618
Mississippi ......................................................................................
0.8146
Missouri ..........................................................................................
2.5063
Montana .........................................................................................
0.4438
Nebraska .........................................................................................
0.4624
Nevada ............................................................................................
0.4438
New Hampshire .............................................................................
0.9035
New Jersey .....................................................................................
4.5156
New Mexico .....................................................................................
0.4438
New York ........................................................................................
12.1969
North Carolina ...............................................................................
1.9943
North Dakota .................................................................................
0.4438
Ohio ................................................................................................
5.0898
Oklahoma ........................................................................................
0.7304
Oregon .............................................................................................
1.2399
Pennsylvania ..................................................................................
4.2145
Rhode Island ..................................................................................
0.6071
South Carolina ...............................................................................
0.9262
South Dakota .................................................................................
0.4438
Tennessee ........................................................................................
1.4668
Texas ...............................................................................................
4.6458
Utah ................................................................................................
0.4764
Vermont ..........................................................................................
0.4438
Virginia ..........................................................................................
2.2615
Washington .....................................................................................
1.9217
West Virginia .................................................................................
1.4249
Wisconsin ........................................................................................
2.4442
Wyoming ........................................................................................
0.4438
Puerto Rico ....................................................................................
1.1792
Northern Marianas ........................................................................
0.0377
232
American Samoa ...........................................................................
0.0812
Guam ..............................................................................................
0.0587
Pacific Islands Trust Territory ....................................................
0.1158
Virgin Islands ................................................................................
0.0576.’’.
(b) CONFORMING AMENDMENT.—Section 604(c)(2) is
amended by striking ‘‘title II of this Act’’ and inserting
‘‘this title’’.
SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
Section 607 (33 U.S.C. 1387(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(6) such sums as may be necessary for fiscal
year 1995;
‘‘(7) $2,500,000,000 for fiscal year 1996;
‘‘(8) $2,500,000,000 for fiscal year 1997;
‘‘(9) $2,500,000,000 for fiscal year 1998;
‘‘(10) $2,500,000,000 for fiscal year 1999; and
‘‘(11) $2,500,000,000 for fiscal year 2000.’’.
SEC. 606. STATE NONPOINT SOURCE WATER POLLUTION
CONTROL REVOLVING FUNDS.
Title VI (33 U.S.C. 1381–1387) is amended—
(1) in section 607 by inserting after ‘‘title’’ the
following: ‘‘(other than section 608)’’; and
(2) by adding at the end the following:
233
‘‘SEC. 608. STATE NONPOINT SOURCE WATER POLLUTION
CONTROL REVOLVING FUNDS.
‘‘(a) GENERAL AUTHORITY.—The Administrator shall
make capitalization grants to each State for the purpose
of establishing a nonpoint source water pollution control
revolving fund for providing assistance—
‘‘(1) to persons for carrying out management
practices and measures under the State management
program approved under section 319; and
‘‘(2) to agricultural producers for the develop-
ment and implementation of the water quality com-
ponents of a whole farm or ranch resource manage-
ment plan and for implementation of management
practices and measures under such a plan.
A State nonpoint source water pollution control revolving
fund shall be separate from any other State water pollution
control revolving fund; except that the chief executive officer
of the State may transfer funds from one fund to the other
fund.
‘‘(b) APPLICABILITY OF OTHER REQUIREMENTS OF
THIS TITLE.—Except to the extent the Administrator, in
consultation with the chief executive officers of the States,
determines that a provision of this title is not consistent
with a provision of this section, the provisions of sections
601 through 606 of this title shall apply to grants made
under this section in the same manner and to the same ex-
234
tent as they apply to grants made under section 601 of this
title. Paragraph (5) of section 602(b) shall apply to all
funds in a State revolving fund established under this sec-
tion as a result of capitalization grants made under this
section; except that such funds shall first be used to assure
reasonable progress toward attainment of the goals of sec-
tion 319, as determined by the Governor of the State. Para-
graph (7) of section 603(d) shall apply to a State revolving
fund established under this section, except that the 4-percent
limitation contained in such section shall not apply to such
revolving fund.
‘‘(c) APPORTIONMENT OF FUNDS.—Funds made avail-
able to carry out this section for any fiscal year shall be
allotted among the States by the Administrator in the same
manner as funds are allotted among the States under sec-
tion 319 in such fiscal year.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$500,000,000 per fiscal year for each of fiscal years 1996
through 2000.’’.
TITLE VII—MISCELLANEOUS
PROVISIONS
SEC. 701. TECHNICAL AMENDMENTS.
(a) SECTION 118.—Section 118(c)(1)(A) (33 U.S.C.
1268(c)(1)(A)) is amended by striking the last comma.
235
(b) SECTION 120.—Section 120(d) (33 U.S.C. 1270(d))
is amended by striking ‘‘(1)’’.
(c) SECTION
204.—Section 204(a)(3) (33 U.S.C.
1284(a)(3)) is amended by striking the final period and in-
serting a semicolon.
(d) SECTION 205.—Section 205 (33 U.S.C. 1285) is
amended—
(1) in subsection (c)(2) by striking ‘‘and 1985’’
and inserting ‘‘1985, and 1986’’;
(2) in subsection (c)(2) by striking ‘‘through
1985’’ and inserting ‘‘through 1986’’;
(3) in subsection (g)(1) by striking the period
following ‘‘4 per centum’’; and
(4) in subsection (m)(1)(B) by striking ‘‘this’’
the last place it appears and inserting ‘‘such’’.
(e) SECTION 208.—Section 208 (33 U.S.C. 1288) is
amended—
(1) in subsection (h)(1) by striking ‘‘designed’’
and inserting ‘‘designated’’; and
(2) in subsection (j)(1) by striking ‘‘September
31, 1988’’ and inserting ‘‘September 30, 1988’’.
(f) SECTION 301.—Section 301(j)(1)(A) (33 U.S.C.
1311(j)(1)(A)) is amended by striking ‘‘that’’ the first place
it appears and inserting ‘‘than’’.
236
(g) SECTION 309.—Section 309(d) (33 U.S.C. 1319(d))
is amended by striking the second comma following ‘‘Act
by a State’’.
(h) SECTION 311.—Section 311 (33 U.S.C. 1321) is
amended—
(1) in subsection (b) by moving paragraph (12)
(including subparagraphs (A), (B) and (C)) 2 ems to
the right; and
(2) in subsection (h)(2) by striking ‘‘The’’ and
inserting ‘‘the’’.
(i) SECTION 505.—Section 505(f) (33 U.S.C. 1365(f))
is amended by striking the last comma.
(j) SECTION 516.—Section 516 (33 U.S.C. 1375) is
amended by redesignating subsection (g) as subsection (f).
(k) SECTION 518.—Section 518(f) (33 U.S.C. 1377(f))
is amended by striking ‘‘(d)’’ and inserting ‘‘(e)’’.
SEC. 702. JOHN A. BLATNIK NATIONAL FRESH WATER QUAL-
ITY RESEARCH LABORATORY.
(a) DESIGNATION.—The laboratory and research facil-
ity established pursuant to section 104(e) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(e)) that is lo-
cated in Duluth, Minnesota, shall be known and designated
as the ‘‘John A. Blatnik National Fresh Water Quality Re-
search Laboratory’’.
237
(b) REFERENCES.—Any reference in a law, map, regu-
lation, document, paper, or other record of the United
States to the laboratory and research facility referred to in
subsection (a) shall be deemed to be a reference to the ‘‘John
A. Blatnik National Fresh Water Quality Research Labora-
tory’’.
SEC. 703. WASTEWATER SERVICE FOR COLONIAS.
(a) GRANT ASSISTANCE.—The Administrator may
make grants to States along the United States-Mexico bor-
der to provide assistance for planning, design, and con-
struction of treatment works to provide wastewater service
to the communities along such border commonly known as
‘‘colonias’’.
(b) FEDERAL SHARE.—The Federal share of the cost
of a project carried out using funds made available under
subsection (a) shall be 50 percent. The non-Federal share
of such cost shall be provided by the State receiving the
grant.
(c) TREATMENT WORKS DEFINED.—For purposes of
this section, the term ‘‘treatment works’’ has the meaning
such term has under section 212 of the Federal Water Pollu-
tion Control Act.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for making grants under sub-
238
section (a) $50,000,000 for fiscal year 1996. Such sums
shall remain available until expended.
SEC. 704. SAVINGS IN MUNICIPAL DRINKING WATER COSTS.
(a) STUDY.—The Administrator of the Environmental
Protection Agency, in consultation with the Director of the
Office of Management and Budget, shall review, analyze,
and compile information on the annual savings that mu-
nicipalities realize in the construction, operation, and
maintenance of drinking water facilities as a result of ac-
tions taken under the Federal Water Pollution Control Act.
(b) CONTENTS.—The study conducted under subsection
(a), at a minimum, shall contain an examination of the
following elements:
(1) Savings to municipalities in the construction
of drinking water filtration facilities resulting from
actions taken under the Federal Water Pollution Con-
trol Act.
(2) Savings to municipalities in the operation
and maintenance of drinking water facilities result-
ing from actions taken under such Act.
(3) Savings to municipalities in health expendi-
tures resulting from actions taken under such Act.
(c) REPORT.—Not later than 1 year after the date of
the enactment of this Act, the Administrator shall transmit
239
to Congress a report containing the results of the study con-
ducted under subsection (a).
TITLE 
VIII—WETLANDS 
CON-
SERVATION 
AND 
MANAGE-
MENT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Comprehensive Wet-
lands Conservation and Management Act of 1995’’.
SEC. 802. FINDINGS AND STATEMENT OF PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) wetlands play an integral role in maintain-
ing the quality of life through material contributions
to our national economy, food supply, water supply
and quality, flood control, and fish, wildlife, and
plant resources, and thus to the health, safety, recre-
ation and economic well-being of citizens throughout
the Nation;
(2) wetlands serve important ecological and nat-
ural resource functions, such as providing essential
nesting and feeding habitat for waterfowl, other wild-
life, and many rare and endangered species, fisheries
habitat, the enhancement of water quality, and natu-
ral flood control;
(3) much of the Nation’s resource has sustained
significant degradation, resulting in the need for ef-
240
fective programs to limit the loss of ecologically sig-
nificant wetlands and to provide for long-term res-
toration and enhancement of the wetlands resource
base;
(4) most of the loss of wetlands in coastal Louisi-
ana is not attributable to human activity;
(5) because 75 percent of the Nation’s wetlands
in the lower 48 States are privately owned and be-
cause the majority of the Nation’s population lives in
or near wetlands areas, an effective wetlands con-
servation and management program must reflect a
balanced approach that conserves and enhances im-
portant wetlands values and functions while observing
private property rights, recognizing the need for es-
sential public infrastructure, such as highways, ports,
airports, pipelines, sewer systems, and public water
supply systems, and providing the opportunity for
sustained economic growth;
(6) while wetlands provide many varied eco-
nomic and environmental benefits, they also present
health risks in some instances where they act as
breeding grounds for insects that are carriers of
human and animal diseases;
(7) the Federal permit program established
under section 404 of the Federal Water Pollution Con-
241
trol Act was not originally conceived as a wetlands
regulatory program and is insufficient to ensure that
the Nation’s wetlands resource base will be conserved
and managed in a fair and environmentally sound
manner; and
(8) navigational dredging plays a vital role in
the Nation’s economy and, while adequate safeguards
for aquatic resources must be maintained, it is essen-
tial that the regulatory process be streamlined.
(b) PURPOSE.—The purpose of this title is to establish
a new Federal regulatory program for certain wetlands and
waters of the United States—
(1) to assert Federal regulatory jurisdiction over
a broad category of specifically identified activities
that result in the degradation or loss of wetlands;
(2) to provide that each Federal agency, officer,
and employee exercise Federal authority under section
404 of the Federal Water Pollution Control Act to en-
sure that agency action under such section will not
limit the use of privately owned property so as to di-
minish its value;
(3) to account for variations in wetlands func-
tions in determining the character and extent of regu-
lation of activities occurring in wetlands areas;
242
(4) to provide sufficient regulatory incentives for
conservation, restoration, or enhancement activities;
(5) to encourage conservation of resources on a
watershed basis to the fullest extent practicable;
(6) to protect public safety and balance public
and private interests in determining the conditions
under which activity in wetlands areas may occur;
and
(7) to streamline the regulatory mechanisms re-
lating to navigational dredging in the Nation’s wa-
ters.
SEC. 803. WETLANDS CONSERVATION AND MANAGEMENT.
Title IV (33 U.S.C. 1341 et seq.) is further amended
by striking section 404 and inserting the following new sec-
tion:
‘‘SEC. 404. PERMITS FOR ACTIVITIES IN WETLANDS OR WA-
TERS OF THE UNITED STATES.
‘‘(a) PROHIBITED ACTIVITIES.—No person shall un-
dertake an activity in wetlands or waters of the United
States unless such activity is undertaken pursuant to a per-
mit issued by the Secretary or is otherwise authorized under
this section.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) PERMITS.—The Secretary is authorized to
issue permits authorizing an activity in wetlands or
243
waters of the United States in accordance with the re-
quirements of this section.
‘‘(2) NONPERMIT
ACTIVITIES.—An activity in
wetlands or waters of the United States may be un-
dertaken without a permit from the Secretary if that
activity is authorized under subsection (e)(6) or (e)(8)
or is exempt from the requirements of this section
under subsection (f) or other provisions of this section.
‘‘(c) WETLANDS CLASSIFICATION.—
‘‘(1) REGULATIONS; APPLICATIONS.—
‘‘(A) DEADLINE FOR ISSUANCE OF REGULA-
TIONS.—Not later than 1 year after the date of
the enactment of the Comprehensive Wetlands
Conservation and Management Act of 1995, the
Secretary shall issue regulations to classify wet-
lands as type A, type B, or type C wetlands de-
pending on the relative ecological significance of
the wetlands.
‘‘(B) 
APPLICATION
REQUIREMENT.—Any
person seeking to undertake activities in wet-
lands or waters of the United States for which
a permit is required under this section shall
make application to the Secretary identifying
the site of such activity and requesting that the
Secretary determine, in accordance with para-
249
‘‘(5) DE NOVO DETERMINATION AFTER ADVANCE
CLASSIFICATION.—Within 30 days of receipt of notice
of an advance classification by the Secretary under
paragraph (2)(B) of this subsection, an applicant
may request the Secretary to make a de novo deter-
mination of the classification of wetlands that are the
subject of such notice.
‘‘(d) RIGHT TO COMPENSATION.—
‘‘(1) IN
GENERAL.—The Federal Government
shall compensate an owner of property whose use of
any portion of that property has been limited by an
agency action under this section that diminishes the
fair market value of that portion by 20 percent or
more. The amount of the compensation shall equal the
diminution in value that resulted from the agency ac-
tion. If the diminution in value of a portion of that
property is greater than 50 percent, at the option of
the owner, the Federal Government shall buy that
portion of the property for its fair market value.
‘‘(2) DURATION OF LIMITATION ON USE.—Prop-
erty with respect to which compensation has been
paid under this section shall not thereafter be used
contrary to the limitation imposed by the agency ac-
tion, even if that action is later rescinded or otherwise
vitiated. However, if that action is later rescinded or
250
otherwise vitiated, and the owner elects to refund the
amount of the compensation, adjusted for inflation, to
the Treasury of the United States, the property may
be so used.
‘‘(3) EFFECT OF STATE LAW.—If a use is a nui-
sance as defined by the law of a State or is already
prohibited under a local zoning ordinance, no com-
pensation shall be made under this section with re-
spect to a limitation on that use.
‘‘(4) EXCEPTIONS.—
‘‘(A) PREVENTION OF HAZARD TO HEALTH
OR
SAFETY
OR
DAMAGE
TO
SPECIFIC
PROP-
ERTY.—No compensation shall be made under
this section with respect to an agency action the
primary purpose of which is to prevent an iden-
tifiable—
‘‘(i) hazard to public health or safety;
or
‘‘(ii) damage to specific property other
than the property whose use is limited.
‘‘(B) NAVIGATION
SERVITUDE.—No com-
pensation shall be made under this section with
respect to an agency action pursuant to the Fed-
eral navigation servitude, as defined by the
courts of the United States, except to the extent
252
States Code, for arbitration proceedings to which
that title applies. An award made in such arbi-
tration shall include a reasonable attorney’s fee
and other arbitration costs (including appraisal
fees). The agency shall promptly pay any award
made to the owner.
‘‘(E) CIVIL ACTION.—An owner who does
not choose arbitration, or who does not receive
prompt payment when required by this section,
may obtain appropriate relief in a civil action
against the agency. An owner who prevails in a
civil action under this section shall be entitled
to, and the agency shall be liable for, a reason-
able attorney’s fee and other litigation costs (in-
cluding appraisal fees). The court shall award
interest on the amount of any compensation
from the time of the limitation.
‘‘(F) SOURCE OF PAYMENTS.—Any payment
made under this section to an owner and any
judgment obtained by an owner in a civil action
under this section shall, notwithstanding any
other provision of law, be made from the annual
appropriation of the agency whose action occa-
sioned the payment or judgment. If the agency
action resulted from a requirement imposed by
253
another agency, then the agency making the pay-
ment or satisfying the judgment may seek par-
tial or complete reimbursement from the appro-
priated funds of the other agency. For this pur-
pose the head of the agency concerned may trans-
fer or reprogram any appropriated funds avail-
able to the agency. If insufficient funds exist for
the payment or to satisfy the judgment, it shall
be the duty of the head of the agency to seek the
appropriation of such funds for the next fiscal
year.
‘‘(6) LIMITATION.—Notwithstanding any other
provision of law, any obligation of the United States
to make any payment under this section shall be sub-
ject to the availability of appropriations.
‘‘(7) DUTY OF NOTICE TO OWNERS.—Whenever
an agency takes an agency action limiting the use of
private property, the agency shall give appropriate
notice to the owners of that property directly affected
explaining their rights under this section and the pro-
cedures for obtaining any compensation that may be
due to them under this section.
‘‘(8) RULES OF CONSTRUCTION.—
‘‘(A) EFFECT
ON
CONSTITUTIONAL
RIGHT
TO
COMPENSATION.—Nothing in this section