TITLE 
II—NONPOINT 
SOURCE
PREVENTION 
ON 
FEDERAL
LANDS
SEC. 201. REGULATION OF NONPOINT SOURCE POLLUTION
ON FEDERAL LANDS.
Section 319 of the Federal Water Pollution Control
Act (33 U.S.C. 1329) is amended by adding at the end
the following new subsection:
‘‘(o) FEDERAL LANDS MANAGEMENT PROGRAM.—
‘‘(1) REGULATIONS.—Not later than 2 years
after the date of the enactment of this subsection,
the President shall issue regulations for the preven-
tion and control of nonpoint sources of pollution on
all lands owned or managed by the Federal Govern-
ment.
‘‘(2) CONTENTS.—Regulations issued under
paragraph (1) shall require random, periodic on-site
and in situ monitoring by the Director of the Geo-
logical Survey and the reporting of the results of
such monitoring to the Administrator. Such regula-
tions shall also require implementation of measures
adequate to attain full restoration and protection of
affected watersheds as soon as practicable but in no
event later than 8 years after the date of issuance
of such regulations. For the purposes of this para-
graph, the term ‘full restoration and protection’ has
the meaning given such term in section 321.
‘‘(3) EFFECTIVE DATE.—Final regulations is-
sued under paragraph (1) shall take effect not later
than 1 year after the date of issuance of the regula-
tions.
‘‘(4) REVISION OF EXISTING LICENSES.—Any
license, permit, contract, special use permit, lease,
agreement, claim, or related operational authority, in
effect before the date of issuance of final regulations
under paragraph (1), between a Federal agency and
any person authorizing activities on Federal lands
shall be revised, as necessary, to comply with the re-
quirements of such regulations.
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to limit the authority of a State or the President to
require the implementation of such additional con-
trols over nonpoint sources of pollution on lands
owned or managed by the Federal Government as
may be necessary to protect public health and to at-
tain and maintain water quality standards adopted
pursuant to section 303, antidegradation require-
ments, and other requirements of this Act.’’.
SEC. 202. HIGHWAY CONSTRUCTION.
Section 319 of the Federal Water Pollution Control
Act (33 U.S.C. 1329) is further amended by adding at
the end the following new subsection:
‘‘(p) HIGHWAY CONSTRUCTION.—
‘‘(1) DEVELOPMENT OF MEASURES AND PRAC-
TICES.—The President shall develop and publish
measures and practices to prevent pollution resulting
from federally assisted highway construction projects
and shall promote the implementation of such meas-
ures and practices. Such measures and practices
shall include guidance requiring the location and de-
sign of federally-assisted highways to be fully protec-
tive of water quality and aquatic habitat.
‘‘(2) EROSION CONTROL GUIDELINES.—Erosion
control guidelines developed by the Secretary of
Transportation under section 1057 of the Inter-
modal Surface Transportation Efficiency Act of
1991 shall, at a minimum, require the implementa-
tion of the measures and practices developed under
paragraph (1) in the case of any construction project
authorized under chapter 1 of title 23, United States
Code.
‘‘(3) APPROVAL OF HIGHWAY PROJECTS.—The
Secretary of Transportation shall not approve under
section 106 of title 23, United States Code, any sur-
vey, plan, specification, or estimate for a proposed
highway project unless the Secretary determines that
the project will be constructed in accordance with
the requirements contained in the erosion control
guidelines referred to in paragraph (2).’’.
SEC. 203. AGRICULTURAL PROGRAM COORDINATION.
Section 319 of the Federal Water Pollution Control
Act (33 U.S.C. 1329) is further amended by adding at
the end the following new subsection:
‘‘(q) AGRICULTURAL PROGRAM COORDINATION.—
‘‘(1) REPORT.—Not later than 1 year after the
date of the enactment of this subsection, the Admin-
istrator, in consultation with the Secretary of Agri-
culture, shall transmit to Congress a report on—
‘‘(A) the efficacy of programs to protect
water quality established under sections 1212,
1231, 1237, and 1238B of the Food Security
Act of 1985 and section 1451 of the Food, Ag-
riculture, Conservation, and Trade Act of 1990;
and
‘‘(B) barriers, if any, to prevention and
control of nonpoint sources of pollution created
by programs of the Department of Agriculture.
‘‘(2) CONTENTS.—The report to be transmitted
under paragraph (1) shall, at a minimum, contain—
‘‘(A) an estimate of reductions and antici-
pated reductions in water pollution from agri-
culture;
‘‘(B) a description of participation in the
programs referred to in paragraph (1)(A), in-
cluding the number and acreage of farms en-
rolled in the programs;
‘‘(C) recommendations for legislative and
administrative reforms to improve the effective-
ness of the programs referred to in paragraph
(1)(A); and
‘‘(D) recommendations for legislative and
administrative reforms to remove any barriers
described in paragraph (1)(B).’’.
TITLE III—WATER QUALITY CRI-
TERIA; 
STANDARDS;
ANTIDEGRADATION; 
NEW
SOURCES
SEC. 301. WATER QUALITY CRITERIA FOR EFFECTS OF
NONPOINT SOURCE POLLUTION.
(a) REVISION OF CRITERIA AND INFORMATION.—
Section 304(a) of the Federal Water Pollution Control Act
(33 U.S.C. 1314) is amended by adding at the end the
following new paragraph:
‘‘(9) REVISION
OF
CRITERIA
AND
INFORMA-
TION.—
‘‘(A) IN GENERAL.—Not later than 3 years
after the date of the enactment of this para-
graph, and at least once every 3 years there-
after, the Administrator shall revise criteria and
information developed under paragraphs (1)
and (2) in accordance with this paragraph and
publish such revisions.
‘‘(B) REQUIREMENTS.—In making revi-
sions under subparagraph (A), the Adminis-
trator shall—
‘‘(i) consider the factors necessary to
restore and maintain the chemical, phys-
ical, and biological integrity of water bod-
ies;
‘‘(ii) consider the factors necessary to
assure the protection and propagation of a
balanced, indigenous population of aquatic
and aquatic-dependent species, aquatic eco-
system biodiversity, and habitat mainte-
nance and provide for protection of public
health and for recreational activities in and
on the water;
‘‘(iii) identify numerical pollutant con-
centration limits, where applicable, and
other numeric criteria for varying types of
waters which are sufficient to assure at-
tainment of all factors specified in clause
(ii); and
‘‘(iv) identify numerical pollutant con-
centration limits (including, as appro-
priate, a limit of zero) and other numerical
criteria appropriate for varying types of re-
ceiving waters which are sufficient to as-
sure attainment of uses established by the
State.
‘‘(C) USE
OF
BIOLOGICAL
MONITORING
AND
ASSESSMENT
METHODS.—In addition to
establishing a pollutant concentration limit in
accordance with subparagraph (B), or as an al-
ternative to establishing such a limit where a
pollutant concentration limit is not yet avail-
able, the Administrator may establish a biologi-
cal monitoring and assessment method for a
pollutant or nonpoint source effect if the meth-
od includes an objective and enforceable limit
expressed in numerical terms. Biocriteria shall
supplement and shall not supersede other cri-
teria, including numerical criteria.’’.
(b) INFORMATION ON PROTECTION OF WATER SUP-
PLIES.—
(1) CONTENT.—Section 304(a)(5)(A) of such
Act (33 U.S.C. 1314(a)(5)(A)) is amended by strik-
ing ‘‘for the protection of public water supplies’’ and
all that follows before the period and inserting ‘‘for
the protection of current and potential water sup-
plies and the protection and propagation of a bal-
anced, indigenous population of aquatic and aquatic-
dependent species, aquatic biodiversity, and habitat
maintenance and to allow for protection of public
health and to allow for recreational activities in and
on the water’’.
(2) REVISIONS.—The Administrator shall revise
information 
published 
pursuant 
to 
section
304(a)(5)(A) of such Act in accordance with the
amendment made by paragraph (1).
(c) WATER QUALITY CRITERIA.—Section 304(a) of
such Act (33 U.S.C. 1314(a)) is amended by adding at
the end the following new paragraph:
‘‘(10) WATER QUALITY CRITERIA PRIORITY.—
In developing and publishing criteria for water qual-
ity under paragraph (1), and in making revisions to
such criteria under paragraph (9), the Administrator
shall give priority to those chemical, physical, and
biological parameters associated with degradation of
water quality by nonpoint sources of pollution, in-
cluding—
‘‘(A) total nitrogen, total phosphorus, and
other pollutants producing eutrophication ef-
fects in waterbodies;
‘‘(B) pesticides in use in the United
States;
‘‘(C) average annual sediment loads into
waterbodies that will prevent harmful effects on
aquatic life and habitat from all sources of sedi-
ment, including agricultural, silvicultural, and
construction site runoff;
‘‘(D) parameters defining the physical
structure of healthy aquatic habitat, including
natural streambed formations, streambank and
channel structure, and riparian vegetation;
‘‘(E) parameters defining the protection,
improvement, and maintenance of flow regime
criteria for urban and urbanizing streams, in-
cluding flow regimes (including peak discharge
levels) and limits on the frequency of erosive
bankfull flooding events; and
‘‘(F) any pollutant listed pursuant to sec-
tion 307(a)(1) for which no criteria are pub-
lished.’’.
SEC. 302. WATER QUALITY STANDARDS.
(a) 
NUMERICAL
CRITERIA
FOR
NONPOINT
SOURCES.—Section 303(c)(2)(B) of the Federal Water
Pollution Control Act (33 U.S.C. 1313(c)(2)(B)) is
amended—
(1) in the first sentence by inserting ‘‘and all
nonpoint source pollutants’’ after ‘‘section 307(a)(1)
of this Act’’; and
(2) by striking the second sentence and insert-
ing the following: ‘‘Such criteria shall be specific nu-
merical criteria for such toxic and nonpoint source
pollutants, including physical and hydrological pa-
rameters.’’.
(b) REQUIREMENT
FOR WATER QUALITY STAND-
ARDS PROMULGATED BY EPA.—Section 303(c)(4) of such
Act is amended by adding at the end the following: ‘‘Any
water quality standard promulgated under this paragraph
shall be at least as protective as the criteria for water
quality developed under section 304(a)(1).’’.
SEC. 303. FEDERAL ANTIDEGRADATION REQUIREMENTS.
Section 303 of the Federal Water Pollution Control
Act (33 U.S.C. 1313) is amended by adding at the end
the following new subsection:
‘‘(i) ANTIDEGRADATION REQUIREMENTS.—
‘‘(1) REGULATIONS.—The Administrator shall
issue regulations which—
‘‘(A) extend antidegradation policies and
plans that are protective of existing water qual-
ity and existing in-stream uses to apply to new
and existing sources of nonpoint source pollu-
tion in the same manner and to the same extent
that such policies and plans apply to point
sources of pollution; and
‘‘(B) extend antidegradation policies and
plans that are protective of both high quality
waters and outstanding national resource wa-
ters to apply to land use changes resulting in
new or increased nonpoint source pollution to
the same extent that such policies and plans
apply to point sources of pollution.
‘‘(2) DEADLINES.—The Administrator shall—
‘‘(A) issue proposed regulations under
paragraph (1) not later than 9 months after the
date of the enactment of this subsection; and
‘‘(B) issue final regulations under para-
graph (1) not later than 12 months after the
date of the enactment of this subsection.’’.
SEC. 304. IDENTIFICATION OF NEW NONPOINT SOURCES OF
POLLUTION.
Section 304 of the Federal Water Pollution Control
Act (33 U.S.C. 1314) is amended by adding at the end
the following new subsection:
‘‘(n) IDENTIFICATION OF NEW NONPOINT SOURCES
OF POLLUTION.—
‘‘(1) GUIDANCE AND PROCEDURES.—Not later
than 1 year after the date of the enactment of this
subsection, the Administrator shall issue guidance
and adopt procedures—
‘‘(A) for identifying and recording new
land disturbances and alterations (including al-
terations and disturbances identified pursuant
to subsection (f)) which may generate, promote,
or increase pollution from nonpoint sources;
and
‘‘(B) for ensuring that any new land dis-
turbances or alterations do not cause contraven-
tion of any applicable water quality or sediment
standard.
‘‘(2) CONTENTS.—The guidance to be issued
under paragraph (1) shall contain—
‘‘(A) requirements which ensure that in
cases in which land use changes result in new
sources of water pollution or in increased loads
of pollution from existing sources, land owners
and operators will (i) notify the State prior to
such land use changes, and (ii) install and im-
plement in full at the time of the land use
changes enhanced management measures ap-
propriate to the land use category;
‘‘(B) requirements applicable to both pub-
licly and privately owned lands which ensure
that an antidegradation review will be con-
ducted concerning residual nonpoint sources of
pollution that can be anticipated even after in-
stallation and implementation of enhanced man-
agement measures pursuant to subparagraph
(A); and
‘‘(C) provisions specifying that failure to
fully implement such management measures at
the time of the land use changes will constitute
a violation of the State’s management program
under section 319, as revised pursuant to sec-
tion 321.
‘‘(3) LAND DISTURBANCES AND ALTERATIONS
DEFINED.—For the purposes of this subsection, the
term ‘land disturbances and alterations’ shall not in-
clude disturbances and alterations attributed to nor-
mal farming and ranching activities such as plowing,
seeding, cultivating, or harvesting for the production
of food and fiber.
‘‘(4) ENHANCED MANAGEMENT MEASURES DE-
FINED.—For the purposes of this subsection, the
term ‘enhanced management measures’ means meas-
ures designed to prevent generation of runoff, incor-
porating siting, design, and land use management
and resource extraction criteria that reflect the most
water-quality-sensitive practices available for the
land use in question within the economic category of
the land owner or operator.’’.
TITLE IV—CITIZEN WATERSHED
MONITORING PROGRAM
SEC. 401. CITIZEN WATERSHED MONITORING PROGRAM.
Section 305 of the Federal Water Pollution Control
Act (33 U.S.C. 1315) is amended by adding at the end
the following new subsection:
‘‘(c) CITIZEN
WATERSHED
MONITORING
PRO-
GRAM.—
‘‘(1) IN GENERAL.—Each State shall establish
and carry out a citizen watershed monitoring pro-
gram in accordance with the requirements of this
subsection.
‘‘(2) IMPLEMENTATION.—A State may carry
out a citizen watershed monitoring program either
directly or by entering into cooperative agreements
or contracts with appropriate organizations, includ-
ing educational institutions.
‘‘(3) PARTICIPATION.—Water quality monitor-
ing under a citizen watershed monitoring program
under paragraph (1) shall be conducted by program
participants with appropriate qualifications and
training. Program participants may include stu-
dents, farmers, local labor organizations, natural re-
source conservation districts, environmental groups,
and other interested persons.
‘‘(4) TRAINING.—A citizen watershed monitor-
ing program under paragraph (1) shall provide for
the training and evaluation of all program partici-
pants. Such training and evaluation shall be carried
out as a continuing component of the program in
order to ensure the reliability of data collected under
the program.
‘‘(5) QUALITY
ASSURANCE.—In conducting a
citizen watershed monitoring program under para-
graph (1), a State shall use quality assurance con-
trol procedures described in guidance on planning
and implementing volunteer monitoring programs is-
sued by the Environmental Protection Agency or
equivalent procedures developed by the State.
‘‘(6) USE OF DATA.—Data obtained under a
citizen watershed monitoring program under para-
graph (1) shall be used to obtain information re-
quired under subparagraphs (A) and (E) of sub-
section (b)(1) and to develop and implement
nonpoint source management programs under sec-
tion 319, as revised pursuant to section 321.
‘‘(7) AVAILABILITY
OF
DATA.—A State shall
make the data collected under a citizen watershed
monitoring program under paragraph (1) available
for public review.
‘‘(8) FUNDING.—A State shall use 5 percent of
the amount made available to the State under sec-
tion 319(h) in any fiscal year beginning after the
date of the enactment of this subsection or $100,000
(whichever amount is greater for such fiscal year) to
carry out this subsection.’’.
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