(b) FUNDING.—Section 314 (33 U.S.C. 1324) is
amended by adding at the end the following:
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$10,000,000 per fiscal year for each of fiscal years 1996
through 2000.’’.
SEC. 318. COOLING WATER INTAKE STRUCTURES.
Section 316(b) (33 U.S.C. 1326(b)) is amended—
(1) by inserting after ‘‘(b)’’ the following:
‘‘STANDARD FOR COOLING WATER INTAKE STRUC-
TURES.—’’;
(2) by inserting before ‘‘Any’’ the following: ‘‘(1)
IN GENERAL.—’’;
(3) by indenting paragraph (1), as designated by
paragraph (2) of this section, and moving such para-
graph 2 ems to the right; and
(4) by adding at the end the following:
‘‘(2) NEW POINT SOURCE CONSIDERATIONS.—In
establishing a standard referred to in paragraph (1)
for cooling water intake structures located at new
point sources, the Administrator shall consider, at a
minimum, the following:
‘‘(A) The relative technological, engineering,
and economic feasibility of possible technologies
or techniques for minimizing any such adverse
environmental impacts.
‘‘(B) The relative technological, engineering,
and economic feasibility of possible site locations,
intake structure designs, and cooling water flow
techniques.
‘‘(C) The relative environmental, social, and
economic costs and benefits of possible tech-
nologies, techniques, site locations, intake struc-
ture designs, and cooling water flow techniques.
‘‘(D) The projected useful life of the new
point source.
‘‘(3) EXISTING
POINT
SOURCES.—For existing
point sources, the Administrator may require the use
of best technology available in the case of existing
cooling water intake structures if the Administrator
determines such structures are having or could have
a significant adverse impact on the aquatic environ-
ment. In establishing a standard referred to in para-
graph (1) for such existing point sources, the Admin-
istrator shall consider, at a minimum, the following:
‘‘(A) The relative technological, engineering,
and economic feasibility of reasonably available
retrofit technologies or techniques for minimizing
any such adverse environmental impacts.
‘‘(B) Other mitigation measures for offset-
ting the anticipated adverse environmental im-
pacts resulting from the withdrawal of cooling
water.
‘‘(C) Relative environmental, social, and
economic costs and benefits of possible retrofit
technologies, techniques, and mitigation meas-
ures.
‘‘(D) The projected remaining useful life of
the existing point source.
‘‘(4) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) NEW POINT SOURCE.—The term ‘new
point source’ means any point source the con-
struction of which will commence after the publi-
cation of proposed regulations prescribing a
standard for intake structures that will be appli-
cable to such source if such standard is promul-
gated in accordance with paragraph (2).
‘‘(B) EXISTING POINT SOURCE.—The term
‘existing point source’ means any point source
that is not a new point source.’’.
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) STATE ASSESSMENT REPORT.—
(1) CONTENTS.—Section 319(a)(1)(C) (33 U.S.C.
1329(a)(1)(C)) is amended by striking ‘‘best manage-
ment practices and’’.
(2) INFORMATION USED IN PREPARATION.—Sec-
tion 319(a)(2) is amended—
(A) by inserting ‘‘, reviewing, and revising’’
after ‘‘developing’’; and
(B) by striking ‘‘section’’ the first place it
appears and inserting ‘‘subsection’’.
(3) REVIEW AND REVISION.—Section 319(a) is
amended by adding at the end the following:
‘‘(3) REVIEW AND REVISION.—Not later than 18
months after the date of the enactment of the Clean
Water Amendments of 1995, and every 5 years there-
after, the State shall review, revise, and submit to the
Administrator the report required by this sub-
section.’’.
(b) STATE MANAGEMENT PROGRAM.—
(1) TERM OF PROGRAM.—Section 319(b)(1) is
amended by striking ‘‘four’’ and inserting ‘‘5’’.
(2) CONTENTS.—Section 319(b)(2) is amended—
(A) in subparagraph (A)—
(i) by striking ‘‘best’’;
(ii) by striking ‘‘paragraph (1)(B)’’
and inserting ‘‘subsection (a)(1)(B)’’; and
(iii) by inserting ‘‘and measure’’ after
‘‘practice’’;
(B) in subparagraph (B)—
(i) by striking ‘‘nonregulatory or regu-
latory programs for enforcement,’’ and in-
serting ‘‘one or more of the following: vol-
untary programs, incentive-based programs,
regulatory programs, enforceable policies
and mechanisms, State management pro-
grams approved under section 306 of the
Coastal Zone Management Act of 1972,’’;
and
(ii) by striking ‘‘achieve implementa-
tion’’ and all that follows before the period
and 
inserting 
‘‘manage 
categories,
subcategories, 
or 
particular 
nonpoint
sources to the degree necessary to provide
for reasonable further progress toward the
goal of attaining water quality standards
within 15 years of approval of the State
program for those waters identified under
subsection (a)(1)(A)’’;
(C) by striking subparagraph (C) and in-
serting the following:
‘‘(C) A schedule containing interim goals
and milestones for making reasonable progress
toward the attainment of standards, which may
be demonstrated by one or any combination of
the following: improvements in water quality
(including biological indicators), documented
implementation of voluntary nonpoint source
control practices and measures, and adoption of
enforceable policies and mechanisms.’’;
(D) in subparagraph (D) by striking ‘‘A
certification of’’ and inserting ‘‘After the date of
the enactment of the Clean Water Amendments of
1995, a certification by’’; and
(E) by adding at the end the following:
‘‘(G) A description of the monitoring or
other assessment which will be carried out under
the program for the purposes of monitoring and
assessing the effectiveness of the program, includ-
ing the attainment of interim goals and mile-
stones.
‘‘(H) An identification of activities on Fed-
eral lands in the State that are inconsistent with
the State management program.
‘‘(I) An identification of goals and mile-
stones for progress in attaining water quality
standards, including a projected date for attain-
ing such standards as expeditiously as prac-
ticable but not later than 15 years after the date
of approval of the State program for each of the
waters listed pursuant to subsection (a).’’.
(3) UTILIZATION OF LOCAL AND PRIVATE EX-
PERTS.—Section 319(b)(3) is amended by inserting
before the period at the end the following: ‘‘, including
academic institutions, private industry experts, and
other individual experts in water resource conserva-
tion and planning’’.
(4) NEW TECHNOLOGIES; USE OF RESOURCES;
AGRICULTURAL
PROGRAMS.—Section 
319(b) 
is
amended by adding at the end the following:
‘‘(5) RECOGNITION OF NEW TECHNOLOGIES.—In
developing and implementing a management program
under this subsection, a State may recognize and uti-
lize new practices, technologies, processes, products,
and other alternatives.
‘‘(6) EFFICIENT
AND
EFFECTIVE
USE
OF
RE-
SOURCES.—In developing and implementing a man-
agement program under this subsection, a State may
recognize and provide for a methodology which takes
into account situations in which management meas-
ures used to control one pollutant have an adverse im-
100
pact with respect to another pollutant. The methodol-
ogy should encourage the balanced combination of
measures which best address the various impairments
on the watershed or site.
‘‘(7) RECOGNITION
OF
AGRICULTURAL
PRO-
GRAMS.—Any agricultural producer who has volun-
tarily developed and is implementing an approved
whole farm or ranch natural resources management
plan shall be considered to be in compliance with the
requirements of a State program developed under this
section—
‘‘(A) if such plan has been developed under
a program subject to a memorandum of agree-
ment between the Chief of the Natural Resources
Conservation Service and the Governor, or their
respective designees; and
‘‘(B) if such memorandum of agreement
specifies—
‘‘(i) the scope and content of the Natu-
ral Resources Conservation Service program
(not an individual farm or ranch plan) in
the State or regions of the State;
‘‘(ii) the terms of approval, implemen-
tation, and duration of a voluntary farm or
ranch plan for agricultural producers;
101
‘‘(iii) the responsibilities for assessing
implementation of voluntary whole farm
and ranch natural resource management
plans; and
‘‘(iv) the duration of such memoran-
dum of agreement.
At a minimum, such memorandum of agreement shall
be reviewed and may be revised every 5 years, as part
of the State review of its management program under
this section.’’.
(c) SUBMISSION OF MANAGEMENT PROGRAMS.—Para-
graph (2) of section 319(c) is amended to read as follows:
‘‘(2) TIME PERIOD FOR SUBMISSION OF MANAGE-
MENT PROGRAMS.—Each management program shall
be submitted to the Administrator within 30 months
of the issuance by the Administrator of the final guid-
ance under subsection (o) and every 5 years there-
after. Each program submission after the initial sub-
mission following the date of the enactment of the
Clean Water Amendments of 1995 shall include a
demonstration of reasonable further progress toward
the goal of attaining water quality standards within
15 years of approval of the State program, including
documentation of the degree to which the State has
achieved the interim goals and milestones contained
102
in the previous program submission. Such demonstra-
tion shall take into account the adequacy of Federal
funding under this section.’’.
(d) APPROVAL AND DISAPPROVAL OF REPORTS AND
MANAGEMENT PROGRAMS.—
(1) DEADLINE.—Section 319(d)(1) is amended
by inserting ‘‘or revised report’’ after ‘‘any report’’.
(2) DISAPPROVAL.—Section 319(d)(2) is amend-
ed—
(A) in subparagraph (B) by inserting before
the semicolon the following: ‘‘; except that such
program or portion shall not be disapproved
solely because the program or portion does not
include enforceable policies or mechanisms’’;
(B) in subparagraph (D) by striking ‘‘are
not adequate’’ and all that follows before the
semicolon and inserting the following: ‘‘will not
result in reasonable further progress toward the
attainment of applicable water quality standards
under section 303 as expeditiously as possible
but not later than 15 years after approval of the
State program’’; and
(C) in the text following subparagraph
(D)—
103
(i) by striking ‘‘3 months’’ and insert-
ing ‘‘6 months’’; and
(ii) by inserting ‘‘or portion thereof’’
before ‘‘within three months of receipt’’.
(3) FAILURE
TO
SUBMIT
REPORT.—Section
319(d)(3) is amended—
(A) by striking ‘‘the report’’ and inserting
‘‘a report or revised report’’;
(B) by striking ‘‘30 months’’ and inserting
‘‘18 months’’; and
(C) by striking ‘‘of the enactment of this
section’’ and inserting ‘‘on which such report is
required to be submitted under subsection (a)’’.
(4) PROGRAM MANAGEMENT BY THE ADMINIS-
TRATOR.—Section 319(d) is amended by adding at
the end the following:
‘‘(4) FAILURE OF STATE TO SUBMIT PROGRAM.—
‘‘(A) PROGRAM MANAGEMENT BY THE AD-
MINISTRATOR.—If a State fails to submit a man-
agement program or revised management pro-
gram under subsection (b) or the Administrator
disapproves such management program, the Ad-
ministrator shall prepare and implement a man-
agement program for controlling pollution added
from nonpoint sources to the navigable waters
104
within the State and improving the quality of
such waters in accordance with subsection (b).
‘‘(B) NOTICE AND HEARING.—If the Admin-
istrator intends to disapprove a program submit-
ted by a State, the Administrator shall first no-
tify the Governor of the State in writing of the
modifications necessary to meet the requirements
of this section. The Administrator shall provide
adequate public notice and an opportunity for a
public hearing for all interested parties.
‘‘(C) STATE REVISION OF ITS PROGRAM.—
If, after taking into account the level of funding
actually provided as compared with the level au-
thorized under subsection (j), the Administrator
determines that a State has failed to demonstrate
reasonable further progress toward the attain-
ment of water quality standards as required, the
State shall revise its program within 12 months
of that determination in a manner sufficient to
achieve attainment of applicable water quality
standards by the deadline established by this Act.
If a State fails to make such a program revision
or the Administrator disapproves such a revi-
sion, the Administrator shall prepare and imple-
105
ment a nonpoint source management program
for the State.’’.
(e) TECHNICAL
ASSISTANCE.—Section 319(f) is
amended by inserting ‘‘and implementing’’ after ‘‘develop-
ing’’.
(f) GRANT PROGRAM.—
(1) IN GENERAL.—Section 319(h)(1) is amend-
ed—
(A) by amending the paragraph heading to
read as follows: ‘‘GRANTS FOR PREPARATION AND
IMPLEMENTATION
OF
REPORTS
AND
MANAGE-
MENT PROGRAMS.—’’;
(B) by striking ‘‘for which a report submit-
ted under subsection (a) and a management pro-
gram submitted under subsection (b) is approved
under this section’’;
(C) by striking ‘‘the Administrator shall
make grants’’ and inserting ‘‘the Administrator
may make grants under this subsection’’;
(D) by striking ‘‘under this subsection to
such State’’ and inserting ‘‘to such State’’;
(E) by striking ‘‘implementing such man-
agement program’’ and inserting ‘‘preparing a
report under subsection (a) and in preparing
106
and implementing a management program
under subsection (b)’’;
(F) by inserting after the first sentence the
following: ‘‘Grants for implementation of such
management program may be made only after
such report and management program are ap-
proved under this section.’’; and
(G) by adding at the end the following:
‘‘The Administrator is authorized to provide
funds to a State if necessary to implement an
approved portion of a State program or, with
the approval of the Governor of the State, to im-
plement a component of a federally established
program. The Administrator may continue to
make grants to any State with an program ap-
proved on the day before the date of the enact-
ment of the Clean Water Amendments of 1995
until the Administrator withdraws the approval
of such program or the State fails to submit a
revision of such program in accordance with sub-
section (c)(2).’’.
(2) FEDERAL
SHARE.—Section 319(h)(3) is
amended—
(A) by striking ‘‘management program im-
plemented’’ and inserting ‘‘report prepared and
107
management program prepared and imple-
mented’’;
(B) by striking ‘‘60 percent’’ and inserting
‘‘75 percent’’;
(C) by striking ‘‘implementing such man-
agement program’’ and inserting ‘‘preparing
such report and preparing and implementing
such management program’’; and
(D) by inserting ‘‘of program implementa-
tion’’ after ‘‘non-Federal share’’.
(3) LIMITATION ON GRANT AMOUNTS.—Section
319(h)(4) is amended—
(A) by inserting before the first sentence the
following: ‘‘The Administrator shall establish,
after consulting with the States, maximum and
minimum grants for any fiscal year to promote
equity between States and effective nonpoint
source management.’’; and
(B) by adding at the end the following:
‘‘The minimum percentage of funds allocated to
each State shall be 0.5 percent of the amount ap-
propriated.’’.
(4) ALLOCATION OF GRANT FUNDS.—Paragraph
(5) of section 319(h) is amended to read as follows:
108
‘‘(5) ALLOCATION
OF
GRANT
FUNDS.—Grants
under this section shall be allocated to States with ap-
proved programs in a fair and equitable manner and
be based upon rules and regulations promulgated by
the Administrator which shall take into account the
extent and nature of the nonpoint sources of pollution
in each State and other relevant factors.’’.
(5) USE OF FUNDS.—Paragraph (7) of section
319(h) is amended to read as follows:
‘‘(7) USE OF FUNDS.—A State may use grants
made available to the State pursuant to this section
for activities relating to nonpoint source water pollu-
tion control, including—
‘‘(A) providing financial assistance with re-
spect to those activities whose principal purpose
is protecting and improving water quality;
‘‘(B) assistance related to the cost of prepar-
ing or implementing the State management pro-
gram;
‘‘(C) providing incentive grants to individ-
uals to implement a site-specific water quality
plan in amounts not to exceed 75 percent of the
cost of the project from all Federal sources;
109
‘‘(D) land acquisition or conservation ease-
ments consistent with a site-specific water qual-
ity plan; and
‘‘(E) restoring and maintaining the chemi-
cal, physical, and biological integrity of urban
and rural waters and watersheds (including res-
toration and maintenance of water quality, a
balanced indigenous population of shellfish, fish,
and wildlife, aquatic and riparian vegetation,
and recreational activities in and on the water)
and protecting designated uses, including fish-
ing, swimming, and drinking water supply.’’.
(6) COMPLIANCE WITH STATE MANAGEMENT PRO-
GRAM.—Paragraph (8) of section 319(h) is amended
to read as follows:
‘‘(8) COMPLIANCE
WITH
STATE
MANAGEMENT
PROGRAM.—In any fiscal year for which the Admin-
istrator determines that a State has not made satis-
factory progress in the preceding fiscal year in meet-
ing the schedule specified for such State under sub-
section (b)(2)(C), the Administrator is authorized to
withhold grants pursuant to this section in whole or
in part to the State after adequate written notice is
provided to the Governor of the State.’’.
110
(7) ALLOTMENT
STUDY.—Section 319(h) is
amended by adding at the end the following:
‘‘(13) ALLOTMENT STUDY.—
‘‘(A) STUDY.—The Administrator, in con-
sultation with the States, shall conduct a study
of whether the allocation of funds under para-
graph (5) appropriately reflects the needs and
costs of nonpoint source control measures for dif-
ferent 
nonpoint 
source 
categories 
and
subcategories and of options for better reflecting
such needs and costs in the allotment of funds.
‘‘(B) REPORT.—Not later than 5 years after
the date of the enactment of the Clean Water
Amendments of 1995, the Administrator shall
transmit to Congress a report on the results of
the study conducted under this subsection, to-
gether with recommendations.’’.
(g) GRANTS FOR PROTECTING GROUND WATER QUAL-
ITY.—Section 319(i)(3) is amended by striking ‘‘$150,000’’
and inserting ‘‘$500,000’’.
(h) AUTHORIZATION
OF APPROPRIATIONS.—Section
319(j) is amended—
(1) by striking ‘‘and’’ before ‘‘$130,000,000’’;
(2) by inserting after ‘‘1991’’ the following: ‘‘,
such sums as may be necessary for fiscal years 1992
111
through 1995, $100,000,000 for fiscal year 1996,
$150,000,000 for fiscal year 1997, $200,000,000 for
fiscal year 1998, $250,000,000 for fiscal year 1999,
and $300,000,000 for fiscal year 2000’’; and
(3) by striking ‘‘$7,500,000’’ and inserting
‘‘$25,000,000’’.
(i) 
CONSISTENCY
OF
OTHER
PROGRAMS
AND
PROJECTS
WITH
MANAGEMENT
PROGRAMS.—Section
319(k) (33 U.S.C. 1329(k)) is amended—
(1) by striking ‘‘allow States to review’’ and in-
serting ‘‘require coordination with States in’’;
(2) by inserting before the period at the end the
following: ‘‘and the State watershed management pro-
gram’’; and
(3) by adding at the end the following: ‘‘Federal
agencies that own or manage land, or issue licenses
for activities that cause nonpoint source pollution
from such land, shall coordinate their nonpoint source
control measures with the State nonpoint source man-
agement program and the State watershed manage-
ment program. A Federal agency and the Governor of
an affected State shall enter into a memorandum of
understanding to carry out the purposes of this para-
graph. Such a memorandum of understanding shall
112
not relieve the Federal agency of the agency’s obliga-
tion to comply with its own mandates.’’.
(j) REPORTS OF THE ADMINISTRATOR.—
(1) BIENNIAL REPORTS.—Section 319(m)(1) is
amended—
(A) in the paragraph heading by striking
‘‘ANNUAL’’ and inserting ‘‘BIENNIAL’’; and
(B) by striking ‘‘1988, and each January
1’’ and inserting ‘‘1995, and biennially’’.
(2) CONTENTS.—Section 319(m)(2) is amend-
ed—
(A) by striking the paragraph heading and
all that follows before ‘‘at a minimum’’ and in-
serting ‘‘CONTENTS.—Each report submitted
under paragraph (1),’’;
(B) in subparagraph (A) by striking ‘‘best
management practices’’ and inserting ‘‘meas-
ures’’; and
(C) in subparagraph (B) by striking ‘‘best
management practices’’ and inserting ‘‘the meas-
ures provided by States under subsection (b)’’.
(k) SET ASIDE FOR ADMINISTRATIVE PERSONNEL.—
Section 319(n) is amended by striking ‘‘less’’ and inserting
‘‘more’’.
113
(l) GUIDANCE ON MODEL MANAGEMENT PRACTICES
AND MEASURES.—Section 319 is further amended by add-
ing at the end the following:
‘‘(o) GUIDANCE ON MODEL MANAGEMENT PRACTICES
AND MEASURES.—
‘‘(1) IN
GENERAL.—The Administrator shall
publish guidance to identify model management prac-
tices and measures which may be undertaken, at the
discretion of the State or appropriate entity, under a
management program established pursuant to this
section.
‘‘(2) CONSULTATION; PUBLIC NOTICE AND COM-
MENT.—The Administrator shall develop the model
management practices and measures under para-
graph (1) in consultation with the National Oceanic
and Atmospheric Administration, other appropriate
Federal and State departments and agencies, and
academic institutions, private industry experts, and
other individual experts in water conservation and
planning, and after providing notice and opportunity
for public comment.
‘‘(3) PUBLICATION.—The Administrator shall
publish proposed guidance under this subsection not
later than 6 months after the date of the enactment
of this subsection and shall publish final guidance
114
under this subsection not later than 18 months after
such date of enactment. The Administrator shall peri-
odically review and revise the final guidance at least
once every 3 years after its publication.
‘‘(4) MODEL
MANAGEMENT
PRACTICES
AND
MEASURES DEFINED.—For the purposes of this sub-
section, the term ‘model management practices and
measures’ means economically achievable measures for
the control of the addition of pollutants from
nonpoint sources of pollution which reflect the greatest
degree of pollutant reduction achievable through the
application of the best available nonpoint pollution
control practices, technologies, processes, siting cri-
teria, operating methods, or other alternatives. The
Administrator may distinguish among classes, types,
and sizes within any category of nonpoint sources.’’.
(m) INADEQUATE FUNDING.—Section 319 is further
amended by adding at the end the following:
‘‘(p) INADEQUATE FUNDING.—For each fiscal year be-
ginning after the date of the enactment of this subsection
for which the total of amounts appropriated to carry out
this section are less than the total of amounts authorized
to be appropriated pursuant to subsection (j), the deadline
for compliance with any requirement of this section, includ-
ing any deadline relating to assessment reports or State
115
program implementation or monitoring efforts, shall be
postponed by 1 year, unless the Administrator and the State
jointly certify that the amounts appropriated are sufficient
to meet the requirements of this section.’’.
(n) COASTAL NONPOINT POLLUTION CONTROL PRO-
GRAMS.—
(1) REPEAL.—Section 6217 of the Omnibus
Budget Reconciliation Act of 1990 (16 U.S.C. 1455b)
is repealed.
(2) INCLUSION OF COASTAL MANAGEMENT PROVI-
SIONS
IN
NONPOINT
PROGRAM.—Section 319 is
amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘and’’ at the end of sub-
paragraph (C);
(ii) by striking the period at the end of
subparagraph (D) and inserting ‘‘(includ-
ing State management programs approved
under section 306 of the Coastal Zone Man-
agement Act of 1972); and’’; and
(iii) by adding at the end the follow-
ing:
‘‘(E) identifies critical areas, giving consid-
eration to the variety of natural, commercial,
recreational, ecological, industrial, and aesthetic
116
resources of immediate and potential value to the
present and future of the Nation’s waters in the
Coastal Zone.’’;
(B) in subsection (a)(2) by inserting ‘‘any
management program of the State approved
under section 306 of the Coastal Zone Manage-
ment Act of 1972,’’ after ‘‘314,’’;
(C) in subsection (b)(2) by adding after sub-
paragraph (I), as added by subsection (b) of this
section, the following:
‘‘(J) For coastal areas, the identification of,
and continuing process for identifying, land uses
which individually or cumulatively may cause
or contribute significantly to degradation of—
‘‘(i) those coastal waters where there is
a failure to attain or maintain applicable
water quality standards or protected des-
ignated uses, as determined by the State
pursuant to the State’s water quality plan-
ning processes or watershed planning ef-
forts; and
‘‘(ii) those coastal waters that are
threatened by reasonably foreseeable in-
creases in pollution loadings.’’; and
117
(D) in subsection (c)(1) by inserting ‘‘or
coastal zone management agencies’’ after ‘‘plan-
ning agencies’’.
(o) AGRICULTURAL INPUTS.—Section 319 is further
amended by adding at the end the following:
‘‘(q) AGRICULTURAL INPUTS.—For the purposes of this
Act, any land application of livestock manure shall not be
considered a point source and shall be subject to enforce-
ment only under this section.’’.
(p) PURPOSE.—Section 319 (33 U.S.C. 1329) is fur-
ther amended by adding at the end the following:
‘‘(r) PURPOSE.—The purpose of this section is to assist
States in addressing nonpoint sources of pollution where
necessary to achieve the goals and requirements of this Act.
It is recognized that State nonpoint source programs need
to be built upon a foundation that voluntary initiatives
represent the approach most likely to succeed in achieving
the objectives of this Act.’’.
SEC. 320. NATIONAL ESTUARY PROGRAM.
(a) TECHNICAL AMENDMENT.—Section 320(a)(2)(B)
(33 U.S.C. 1330(a)(2)(B)) is amended to read as follows:
‘‘(B) PRIORITY CONSIDERATION.—The Ad-
ministrator shall give priority consideration
under this section to Long Island Sound, New
York and Connecticut; Narragansett Bay, Rhode
118
Island; Buzzards Bay, Massachusetts; Massachu-
setts Bay, Massachusetts (including Cape Cod
Bay and Boston Harbor); Puget Sound, Wash-
ington; New York-New Jersey Harbor, New York
and New Jersey; Delaware Bay, Delaware and
New Jersey; Delaware Inland Bays, Delaware;
Albemarle Sound, North Carolina; Sarasota
Bay, Florida; San Francisco Bay, California;
Santa Monica Bay, California; Galveston Bay,
Texas; Barataria-Terrebonne Bay estuary com-
plex, Louisiana; Indian River Lagoon, Florida;
Charlotte Harbor, Florida; Barnegat Bay, New
Jersey; and Peconic Bay, New York.’’.
(b) 
GRANTS.—Section 
320(g)(2) 
(33 
U.S.C.
1330(g)(2)) is amended by inserting ‘‘and implementation
monitoring’’ after ‘‘development’’.
(c) AUTHORIZATION
OF APPROPRIATIONS.—Section
320(i) (33 U.S.C. 1330(i)) is amended by striking ‘‘1987’’
and all that follows through ‘‘1991’’ and inserting the fol-
lowing: ‘‘1987 through 1991, such sums as may be necessary
for fiscal years 1992 through 1995, and $19,000,000 per
fiscal year for each of fiscal years 1996 through 2000’’.
SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.
(a) ESTABLISHMENT.—Title III (33 U.S.C. 1311–
1330) is amended by adding at the end the following:
119
‘‘SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.
‘‘(a) STATE WATERSHED MANAGEMENT PROGRAM.—
‘‘(1) SUBMISSION
OF
PROGRAM
TO
ADMINIS-
TRATOR.—A State, at any time, may submit a water-
shed management program to the Administrator for
approval.
‘‘(2) APPROVAL.—If the Administrator does not
disapprove a State watershed management program
within 180 days of its submittal or 240 days of a re-
quest for a public hearing pursuant to paragraph (3)
with respect to the program, whichever is later, such
program shall be deemed approved for the purposes of
this section. The Administrator shall approve the pro-
gram if the program includes, at a minimum, the fol-
lowing elements:
‘‘(A) The identification of the State agency
with primary responsibility for overseeing and
approving watershed management plans in gen-
eral.
‘‘(B) The description of any responsible en-
tities (including any appropriate State agency
or substate agency) to be utilized in implement-
ing the program and a description of their re-
sponsibilities.
‘‘(C) A description of the scope of the pro-
gram. In establishing the scope of the program,
121
A watershed management unit identified under
the program may include waters and associated
land areas in more than 1 State if the Governors
of the States affected jointly designate the water-
shed management unit and may include waters
and associated lands managed or owned by the
Federal Government.
‘‘(F) A description of the activities required
of responsible entities (as specified under sub-
section (e)(1)) and a description of the watershed
plan approval process of the State.
‘‘(G) Documentation of the public partici-
pation in development of the program and de-
scription of the procedures that will be used for
public participation in the development and im-
plementation of watershed plans.
‘‘(H) The identification of goals that will be
pursued in each watershed, including attainment
of State water quality standards (including site-
specific water quality standards) and the goals
and objectives of this Act.
‘‘(I) An exclusion from the program of fed-
erally approved activities with respect to linear
utility facilities, such as natural gas pipelines if
122
such facilities extend to multiple watersheds and
result in temporary or de minimis impacts.
‘‘(J) A description of the process for consid-
eration of and achieving consistency with the
purposes of sections 319 and 322.
‘‘(3) DISAPPROVAL PROCESS.—If the Adminis-
trator intends to disapprove a program of a State
submitted under this subsection, the Administrator
shall by a written notification advise the State of the
intent to disapprove and the reasons for disapproval.
If, within 30 days of receipt of such notice, a State
so requests, the Administrator shall conduct a public
hearing in the State on the intent to disapprove and
the reasons for such disapproval. A State may resub-
mit a revised program that addresses the reasons con-
tained in the notification. If a State requests a public
hearing, the Administrator shall conduct the hearing
in that State and issue a final determination within
240 days of receipt of the State watershed manage-
ment program submittal.
‘‘(4) MODIFICATION OF PROGRAM.—Each State
with a watershed management program that has been
approved by the Administrator under this section
may, at any time, modify the watershed management
program. Any such modification shall be submitted to
123
the Administrator and shall remain in effect unless
and until the Administrator determines that the
modified program no longer meets the requirements of
this section. In such event, the provisions of para-
graph (3) shall apply.
‘‘(5) STATUS REPORTS.—Each State with a wa-
tershed management program that has been approved
by the Administrator pursuant to this subsection
shall, not later than 1 year after the date of approval,
and annually thereafter, submit to the Administrator
an annual watershed program summary status report
that includes descriptions of any modifications to the
program. The status report shall include a listing of
requests made for watershed plan development and a
listing of plans prepared and submitted by local or
regional entities and the actions taken by the State on
such plans including the reasons for those actions. In
consultation and coordination with the Adminis-
trator, a State may use the report to satisfy, in full
or in part, any reporting requirements under sections
106, 303(d), 305(b), 314, 319, 320, 322, and 604(b).
‘‘(b) WATERSHED AREA IN 2 OR MORE STATES.—If
a watershed management unit is designated to include land
areas in more than 1 State, the Governors of States having
jurisdiction over any lands within the watershed manage-
124
ment unit shall jointly determine the responsible entity or
entities.
‘‘(c) ELIGIBLE WATERSHED MANAGEMENT AND PLAN-
NING ACTIVITIES.—
‘‘(1) IN GENERAL.—In addition to activities eli-
gible to receive assistance under other sections of this
Act as of the date of the enactment of this subsection,
the following watershed management activities con-
ducted by or on behalf of the States pursuant to a wa-
tershed management program that is approved by the
Administrator under this section shall be considered
to be eligible to receive assistance under sections 106,
205(j), 319(h), 320, and 604(b):
‘‘(A) Characterizing the waters and land
uses.
‘‘(B) Identifying and evaluating problems
within the watershed.
‘‘(C) Selecting short-term and long-term
goals for watershed management.
‘‘(D) Developing and implementing water
quality standards, including site-specific water
quality standards.
‘‘(E) Developing and implementing meas-
ures and practices to meet identified goals.
125
‘‘(F) Identifying and coordinating projects
and activities necessary to restore or maintain
water quality or other related environmental ob-
jectives within the watershed.
‘‘(G) Identifying the appropriate institu-
tional arrangements to carry out a watershed
management plan that has been approved or
adopted by the State under this section.
‘‘(H) Updating the plan.
‘‘(I) Conducting training and public par-
ticipation activities.
‘‘(J) Research to study benefits of existing
watershed program plans and particular aspects
of the plans.
‘‘(K) Implementing any other activity con-
sidered appropriate by the Administrator or the
Governor of a State with an approved program.
‘‘(2) FACTORS TO BE CONSIDERED.—In selecting
watershed management activities to receive assistance
pursuant to paragraph (1), the following factors shall
be considered:
‘‘(A) Whether or not the applicant has dem-
onstrated success in addressing water quality
problems with broadbased regional support, in-
cluding public and private sources.
126
‘‘(B) Whether the activity will promote wa-
tershed problem prioritization.
‘‘(C) Whether or not the applicant can dem-
onstrate an ability to use Federal resources to le-
verage non-Federal public and private monetary
and in-kind support from voluntary contribu-
tions, including matching and cost sharing in-
centives.
‘‘(D) Whether or not the applicant proposes
to use existing public and private programs to
facilitate water quality improvement with the
assistance to be provided pursuant to paragraph
(1).
‘‘(E) Whether or not such assistance will be
used to promote voluntary activities, including
private wetlands restoration, mitigation bank-
ing, and pollution prevention to achieve water
quality standards.
‘‘(F) Whether or not such assistance will be
used to market mechanisms to enhance existing
programs.
‘‘(d) PUBLIC PARTICIPATION.—Each State shall estab-
lish procedures to encourage the public to participate in its
program and in developing and implementing comprehen-
sive watershed management plans under this section. A
127
State watershed management program shall include a proc-
ess for public involvement in watershed management, to the
maximum extent practicable, including the formation and
participation of public advisory groups during State water-
shed program development. States must provide adequate
public notice and an opportunity to comment on the State
watershed program prior to submittal of the program to
the Administrator for approval.
‘‘(e) APPROVED OR STATE-ADOPTED PLANS.—
‘‘(1) REQUIREMENTS.—A State with a watershed
management program that has been approved by the
Administrator under this section may approve or
adopt a watershed management plan if the plan satis-
fies the following conditions:
‘‘(A) If the watershed includes waters that
are not meeting water quality standards at the
time of submission, the plan—
‘‘(i) identifies the objectives of the plan,
including, at a minimum, State water
quality standards (including site-specific
water quality standards) and goals and ob-
jectives under this Act;
‘‘(ii) identifies pollutants, sources, ac-
tivities, and any other factors causing the
impairment of the waters;
128
‘‘(iii) identifies cost effective actions
that are necessary to achieve the objectives
of the plan, including reduction of pollut-
ants to achieve any allocated load reduc-
tions consistent with the requirements of
section 303(d), and the priority for imple-
menting the actions;
‘‘(iv) 
contains 
an 
implementation
schedule with milestones and the identifica-
tion of persons responsible for implementing
the actions;
‘‘(v) demonstrates that water quality
standards and other goals and objectives of
this Act will be attained as expeditiously as
practicable but not later than any applica-
ble deadline under this Act;
‘‘(vi) contains documentation of the
public participation in the development of
the plan and a description of the public
participation process that will be used dur-
ing the plan implementation;
‘‘(vii) specifies a process to monitor
and evaluate progress toward meeting of the
goals of the plan; and
129
‘‘(viii) specifies a process to revise the
plan as necessary.
‘‘(B) For waters in the watershed attaining
water quality standards at the time of submis-
sion (including threatened waters), the plan
identifies the projects and activities necessary to
maintain water quality standards and attain or
maintain other goals after the date of approval
or adoption of the plan.
‘‘(2) TERMS OF APPROVED OR ADOPTED PLAN.—
Each plan that is approved or adopted by a State
under this subsection shall be effective for a period of
not more than 10 years and include a planning and
implementation schedule with milestones within that
period. A revised and updated plan may be approved
or adopted by the State prior to the expiration of the
period specified in the plan pursuant to the same con-
ditions and requirements that apply to an initial
plan for a watershed approved under this subsection.
‘‘(f) GUIDANCE.—Not later than 1 year after the date
of the enactment of this section, the Administrator, after
consultation with the States and other interested parties,
shall issue guidance on provisions that States may consider
for inclusion in watershed management programs and
130
State-approved or State-adopted watershed management
plans under this section.
‘‘(g) POLLUTANT TRANSFER OPPORTUNITIES.—
‘‘(1) POLLUTANT TRANSFER PILOT PROJECTS.—
Under an approved watershed management program,
any discharger or source may apply to a State for
approval to offset the impact of its discharge or re-
lease of a pollutant by entering into arrangements,
including the payment of funds, for the implementa-
tion of controls or measures by another discharger or
source through a pollution reduction credits trading
program established as part of the watershed manage-
ment plan. The State may approve such a request if
appropriate safeguards are included to ensure compli-
ance with technology based controls and to protect the
quality of receiving waters.
‘‘(2) INCENTIVE
GRANTS.—The Administrator
shall allocate sums made available by appropriations
to carry out pollution reduction credits trading pro-
grams in selected watersheds throughout the country.
‘‘(3) REPORT.—Not later than 36 months after
the date of the enactment of this Act, the Adminis-
trator shall transmit to Congress a report on the re-
sults of the program conducted under this sub-
section.’’.
131
(b) INCENTIVES FOR WATERSHED MANAGEMENT.—
(1) POINT SOURCE PERMITS.—Section 402 (33
U.S.C. 1342) is further amended by adding at the end
the following:
‘‘(r) WATERSHED MANAGEMENT.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of this Act, a permit may be issued under
this section with a limitation that does not meet ap-
plicable water quality standards if—
‘‘(A) the receiving water is in a watershed
with a watershed management plan that has
been approved pursuant to section 321;
‘‘(B) the plan includes assurances that
water quality standards will be met within the
watershed by a specified date; and
‘‘(C) the point source does not have a his-
tory of significant noncompliance with its efflu-
ent limitations under a permit issued under this
section, as determined by the Administrator or a
State with authority to issue permits under this
section.
‘‘(2) SYNCHRONIZED PERMIT TERMS.—Notwith-
standing subsection (b)(1)(B), the term of a permit is-
sued under this section may be extended for an addi-
tional period if the discharge is located in a water-
132
shed management unit for which a watershed man-
agement plan will be developed pursuant to section
321. Permits extended under this paragraph shall be
synchronized with the approval of the watershed man-
agement plan of a State adopted pursuant to section
321.’’.
(2) MULTIPURPOSE GRANTS.—
(A) IN GENERAL.—The Administrator may
provide assistance to a State with a watershed
management program that has been approved by
the Administrator under section 321 in the form
of a multipurpose grant that would provide for
single application, work plan and review, match-
ing, oversight, and end-of-year closeout require-
ments 
for 
grant 
funding 
under 
sections
104(b)(3), 104(g), 106, 314(b), 319, 320, and
604(b) of the Federal Water Pollution Control
Act.
(B) TERMS.—The Administrator may at-
tach terms that shall apply for more than 1 year
to grants made pursuant to this paragraph. A
State that receives a grant under this paragraph
may focus activities funded under the provisions
referred to in subparagraph (A) on a priority
basis in a manner consistent with watershed
133
management plans approved by the State under
section 321(e) of the Federal Water Pollution
Control Act.
(3) PLANNING.—Section 604(b) (33 U.S.C.
1384(b)) is amended by adding at the end the follow-
ing: ‘‘In any fiscal year in which a State is imple-
menting a State watershed management program ap-
proved under section 321, the State may reserve up
to an additional 2 percent of the sums allotted to the
State for such fiscal year for development of water-
shed management plans under such program or
$200,000, whichever is greater, if 50 percent of the
amount reserved under this sentence will be made
available to local entities.’’.
SEC. 322. STORMWATER MANAGEMENT PROGRAMS.
(a) STATE PROGRAMS.—Title III (33 U.S.C. 1311 et
seq.) is further amended by adding at the end the following
new section:
‘‘SEC. 322. STORMWATER MANAGEMENT PROGRAMS.
‘‘(a) PURPOSE.—The purpose of this section is to assist
States in the development and implementation of
stormwater control programs in an expeditious and cost ef-
fective manner so as to enable the goals and requirements
of this Act to be met in each State no later than 15 years
after the date of approval of the stormwater management
134
program of the State. It is recognized that State stormwater
management programs need to be built on a foundation that
voluntary pollution prevention initiatives represent an ap-
proach most likely to succeed in achieving the objectives of
this Act.
‘‘(b) STATE ASSESSMENT REPORTS.—
‘‘(1) CONTENTS.—After notice and opportunity
for public comment, the Governor of each State, con-
sistent with or as part of the assessment required by
section 319, shall prepare and submit to the Adminis-
trator for approval, a report which—
‘‘(A) identifies those navigable waters with-
in the State which, without additional action to
control pollution from stormwater discharges,
cannot reasonably be expected to attain or main-
tain applicable water quality standards or the
goals and requirements of this Act;
‘‘(B) 
identifies 
those 
categories 
and
subcategories of stormwater discharges that add
significant pollution to each portion of the navi-
gable waters identified under subparagraph (A)
in amounts which contribute to such portion not
meeting such water quality standards or such
goals and requirements;
141
subcategory identified by the State shall not
be subject to a site-specific permit under
this clause if the facility demonstrates that
stormwater discharges from the facility are
not contributing to a violation of a water
quality standard established for designated
uses of the receiving waters and are not sig-
nificantly contributing the pollutant or pol-
lutants identified by the State with respect
to the receiving waters under this clause.
‘‘(v) EXEMPTION
OF
SMALL
BUSI-
NESSES.—An exemption for small busi-
nesses identified under subsection (b)(1)(B)
from clause (iii), relating to general per-
mits, and clause (iv), relating to site-spe-
cific permits, unless the State finds that,
without the imposition of such permits, such
discharges will have a significant adverse
effect on water quality.
‘‘(D) 
PROGRAM
FOR
MUNICIPAL
DIS-
CHARGES.—A 
program 
for 
municipal
stormwater discharges identified under sub-
section (b)(1)(B) to reduce pollutant loadings
from categories and subcategories of municipal
stormwater discharges.