those who refuse to comply with sound pollution pre-
vention practices;
(5) to enable citizens to participate more di-
rectly in cleansing the Nation’s waters by providing
individual land owners and operators and other citi-
zens of a watershed the opportunity to participate in
designing their watershed implementation program
and through establishment of quality-assured citizen
monitoring programs to complement on-going State
monitoring efforts;
(6) to address water quality problems on a wa-
tershed basis; and
(7) to assure and enhance the health and well-
being of current and future generations of citizens,
business and industry, as well as the natural flow,
habitat structure, and biodiversity of the full range
of aquatic ecosystems.
TITLE I—NONPOINT SOURCE
MANAGEMENT PROGRAMS
SEC. 101. REVISION OF STATE NONPOINT SOURCE MANAGE-
MENT PROGRAMS.
Title III of the Federal Water Pollution Control Act
(33 U.S.C. 1311–1330) is amended by adding at the end
the following new section:
‘‘SEC. 321. REVISION OF NONPOINT SOURCE MANAGEMENT
PROGRAMS.
‘‘(a) IN GENERAL.—The Governor of each State
shall, in accordance with the requirements of this section,
revise the management program of the State under section
319 for the purpose of achieving, in combination with con-
trols over point sources, full restoration and protection of
each target watershed in the State.
‘‘(b) REGULATIONS.—Not later than 1 year after the
date of the enactment of this section, the Administrator
shall issue regulations and guidelines to carry out this sec-
tion.
‘‘(c) IDENTIFICATION AND PRIORITIZATION OF TAR-
GET WATERSHEDS; NOTICE
TO LAND OWNERS.—Not
later than 180 days after the date of issuance of regula-
tions under subsection (b), the Governor of each State
shall complete the following:
‘‘(1) Identify target watersheds in the State.
‘‘(2) Prioritize target watersheds in the State
into 5 priority groups (each consisting of approxi-
mately 1⁄5 of the target watersheds) on the basis of
the relative severity of nonpoint source pollution
problems in the target watersheds and other relevant
considerations. In prioritizing such target water-
sheds, the Governor may distribute among the prior-
ity groups those watersheds which have been most
severely impacted by nonpoint sources.
‘‘(3) Provide notice to land owners and opera-
tors designated by the State pursuant to subsection
(d)(2)(B) in 1st priority group watersheds that such
land owners and operators will be required to imple-
ment site-level programs.
‘‘(d) REQUIRED REVISIONS.—
‘‘(1) IN
GENERAL.—The Governor of each
State, for that State or in combination with adjacent
States, shall, not later than 2 years after the date
of issuance of regulations under subsection (b), and
after notice and public comment, prepare and sub-
mit to the Administrator for approval revisions to
the management program of the State.
‘‘(2) CONTENTS.—As revised under this sub-
section, the management program of a State shall,
at a minimum, contain the following:
‘‘(A) LISTING OF TARGET WATERSHEDS.—
A listing of target watersheds in the State by
priority group, as identified pursuant to sub-
section (c).
‘‘(B) SITE-LEVEL IMPLEMENTATION PRO-
GRAM.—An identification of a program under
which the State will require land owners and
operators located in target watersheds to de-
velop and implement site-level programs and
will apply enforceable mechanisms in all cases
in which land owners and operators fail to de-
velop and implement such programs. Such iden-
tification shall include—
‘‘(i) a description of methods used by
the State to designate land owners and op-
erators who will be required by the State
to implement site-level programs;
‘‘(ii) a description of procedures to be
used by the State to approve or disapprove
site-level programs;
‘‘(iii) a description of basic soil tests
and nutrient balance assessments which
the State will require land owners and op-
erators to conduct on agricultural lands to
ensure that crop nutrient availability on
such lands does not exceed levels rec-
ommended by cooperative extension agron-
omy manuals of the Department of Agri-
culture;
‘‘(iv) a description of monitoring tech-
niques which will be used by the State to
assess the success of site-level programs;
and
‘‘(v) a description of enforceable
mechanisms which will be used by the
State to achieve compliance with the re-
quirements of the program.
‘‘(C) IDENTIFICATION
OF
MONITORING
TECHNIQUES.—An identification of monitoring
techniques which will be used by the State to
assess the success of implementation of the
management program. Such monitoring tech-
niques shall include random on-site inspections
and in situ water quality monitoring of most
sensitive native and introduced fish species.
‘‘(D) PROCEDURES FOR IDENTIFYING NEW
SOURCES.—Procedures and authority for identi-
fying and preventing new nonpoint sources of
pollution resulting from land use changes. Such
procedures shall be consistent with regulations
issued pursuant to section 304(n).
‘‘(E) 
PROCEDURES
FOR
ADDING
SOURCES.—Procedures for adding categories
and subcategories of nonpoint sources of pollu-
tion and particular nonpoint sources of pollu-
tion to the categories, subcategories, and
nonpoint sources designated under section
319(a)(1)(B) in order to reflect information ob-
tained through monitoring.
‘‘(F) WATERSHED IMPLEMENTATION PRO-
GRAM
FOR
1ST
PRIORITY
GROUP
WATER-
SHEDS.—A program for implementation of the
management program in 1st priority group wa-
tersheds identified under subsection (c). Such
program shall comply with the requirements for
such program contained in subsection (e).
‘‘(G) PROCEDURES
FOR
ADDING
WATER-
SHEDS.—Procedures for adding watersheds to
the target watersheds and priority groups iden-
tified under subsection (c) in order to reflect
changes in water quality standards, changes in
land uses, and information obtained through
monitoring.
‘‘(H) RECERTIFICATION.—A recertification
under section 319(b)(2)(D) of the authority of
the State to implement the management pro-
gram, as revised under this subsection, or a
schedule and commitment by the State to seek
such authority.
‘‘(I) SOURCES
OF
ASSISTANCE.—An up-
date of sources and other assistance listed pur-
suant to section 319(b)(2)(E).
‘‘(J) OTHER REVISIONS.—Such other revi-
sions as the Administrator may require.
‘‘(3) DESIGNATION OF LAND OWNERS AND OP-
ERATORS.—
‘‘(A) IN GENERAL.—Except as provided by
subparagraphs (B), (C), and (D), all land own-
ers and operators in target watersheds who con-
duct nonpoint source activities identified under
section 319(a)(1)(B), or who conduct other
nonpoint source activities identified by the
State as causing or contributing to the overall
degradation of a target watershed, shall be des-
ignated to implement site-level programs pursu-
ant to paragraph (2)(B).
‘‘(B) LAND OWNERS AND OPERATORS PAR-
TICIPATING IN QUALIFIED PROGRAMS.—
‘‘(i) IN GENERAL.—A land owner or
operator participating in and complying
with the requirements of a qualified pro-
gram shall be treated as having satisfied
the requirements for implementation of a
site-level program under paragraph (2)(B)
with respect to pollutants and land areas
regulated under the qualified program.
‘‘(ii) 
QUALIFIED
PROGRAM
DE-
FINED.—For the purposes of clause (i),
the term ‘qualified program’ means any of
the following:
‘‘(I) The Conservation Reserve
Program established under section
1231 of the Food Security Act of
1985.
‘‘(II) 
The 
Agriculture 
Water
Quality Protection Program estab-
lished under section 1238B of the
Food Security Act of 1985.
‘‘(III) 
The 
Integrated 
Farm
Management Program Option estab-
lished under section 1451 of the
Food, Agriculture, Conservation, and
Trade Act of 1990.
‘‘(IV) The Organic Certification
Program under title XXI of the Food,
Agriculture, Conservation, and Trade
Act of 1990.
‘‘(V) The Coastal Zone Reauthor-
ization Amendments of 1990.
‘‘(iii) FINANCIAL ASSISTANCE NOT RE-
QUIRED.—For the purposes of this sub-
paragraph, a land owner or operator shall
be considered to be participating in and
complying with the requirements of a
qualified program, whether or not the land
owner or operator is receiving financial as-
sistance under such program, if the spon-
soring agency provides certification with
respect to such compliance.
‘‘(C) EXEMPTIONS FOR CATEGORIES AND
SUBCATEGORIES OF LAND OWNERS AND OPERA-
TORS.—A State may exempt a category or sub-
category of land owners and operators from re-
quirements for implementation of site-level pro-
grams under paragraph (2)(B) if the State de-
termines that such category or subcategory of
land owners and operators does not cause or
contribute significantly to the overall degrada-
tion of the target watershed.
‘‘(D) EXEMPTIONS FOR SEVERE ECONOMIC
HARDSHIP.—A State may exempt a land owner
or operator from requirements for implementa-
tion of a site-level program under paragraph
(2)(B) if the land owner or operator can dem-
onstrate severe economic hardship. Any such
demonstration shall include written loan denials
from at least 2 credit sources, including, in the
case of farm owners and operators, the Farm-
ers Home Administration. Any exception issued
under this subparagraph shall not apply with
respect to requirements to implement low cost
management practices for which major capital
outlays are not required.
‘‘(E) ADEQUACY OF COVERAGE.—In grant-
ing exemptions to land owners and operators
under subparagraphs (C) and (D), a State shall
ensure that implementation of management
measures by land owners and operators in the
watershed will be sufficient to achieve full res-
toration and protection of the watershed in the
applicable 8-year period specified in subsection
(e)(2).
‘‘(4) SOURCES OF ASSISTANCE.—In providing
notification to land owners and operators who will be
required to implement site-level programs pursuant
to paragraph (2)(B), a State shall specify proce-
dures for obtaining State approval of site-level pro-
grams and shall identify Federal, State, and local
sources of technical assistance, education, and other
support for the development and implementation of
such programs.
‘‘(5) COOPERATION REQUIREMENT.—Revisions
to the management program of a State to be submit-
ted under paragraph (1) shall be developed in co-
operation with local, substate regional, Federal, and
interstate entities, including local natural resource
conservation districts, as well as with other public
and private entities which have expertise in the con-
trol and prevention of nonpoint sources of pollution.
‘‘(6) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
to preclude a State from adopting or enforcing
stricter standards than those contained in a revised
management program.
‘‘(e) WATERSHED IMPLEMENTATION PROGRAMS.—
‘‘(1) IN GENERAL.—In addition to the revisions
required under subsection (d), the Governor of each
State shall, in accordance with the schedule estab-
lished by paragraph (6), and after notice and public
comment, submit to the Administrator for approval
a program for implementation of the management
program of the State in each target watershed iden-
tified by the State under subsection (c).
‘‘(2) FULL RESTORATION AND PROTECTION.—
It shall be the purpose of each implementation pro-
gram for a target watershed submitted under para-
graph (1) to achieve full restoration and protection
of the watershed before the expiration of the 8-year
period beginning on the date of approval of the im-
plementation program.
‘‘(3) 
WATERSHED
MANAGEMENT
CON-
FERENCES.—
‘‘(A) IN GENERAL.—Each implementation
program for a target watershed submitted
under paragraph (1) shall be developed in con-
sultation with a watershed management con-
ference to be convened by the Governor.
‘‘(B) MEMBERSHIP.—In convening a wa-
tershed management conference under this
paragraph, the Governor shall ensure that
members of the conference include representa-
tives of the following:
‘‘(i) Categories and subcategories of
nonpoint sources.
‘‘(ii) Categories and subcategories of
point sources, including publicly owned
treatment works.
‘‘(iii) Categories of significant water
users, including public water suppliers.
‘‘(iv) Appropriate Federal, State, and
local agencies.
‘‘(v) The environmental community.
‘‘(vi) The scientific community.
‘‘(vii) Tribal councils, in cases in
which target watersheds include tribal
lands.
‘‘(viii) Other interested parties.
‘‘(C) 
ROLE
OF
EXISTING
ORGANIZA-
TIONS.—In cases in which there exists a water-
shed council or river basin management com-
mission with a decisionmaking body containing
representatives described in subparagraph (B),
such watershed council or river basin manage-
ment commission may carry out the functions
of a watershed management conference under
this paragraph.
‘‘(4) CONTENTS.—Each implementation pro-
gram for a target watershed submitted under para-
graph (1) shall include the following:
‘‘(A) LISTING
OF
CATEGORIES
OF
LAND
OWNERS
AND
OPERATORS.—A listing of cat-
egories of land owners and operators designated
by the State pursuant to subsection (d)(2)(B)
to implement site-level programs and a descrip-
tion of the relative contribution which each such
category of land owners and operators is ex-
pected to make toward achieving full restoration
and protection.
‘‘(B) 
CERTIFICATION.—A 
certification
that, on or before the date of submission of the
implementation program, land owners and oper-
ators in categories listed pursuant to subpara-
graph (A) have developed site-level programs,
have received State approval to implement such
site-level programs, and will begin implementa-
tion of such site-level programs immediately
upon approval of the implementation program
and that the State will apply enforceable mech-
anisms in all cases in which land owners and
operators have not complied with such require-
ments.
‘‘(C) IDENTIFICATION OF PROGRAMS.—An
identification of all programs which will be car-
ried out by the State to achieve and evaluate
implementation of management measures in the
watershed, including the program required by
subsection (d)(2)(B), any program identified
pursuant to section 319(b)(2)(B), and any
monitoring program under section 305(b).
‘‘(D) POLITICAL SUBDIVISIONS.—An iden-
tification of political subdivisions and other
public and private entities which will work with
the State to carry out the implementation pro-
gram.
‘‘(E) SOURCES OF ASSISTANCE.—Sources
of assistance, other than assistance provided
under section 319, which are available to the
State for carrying out the implementation pro-
gram and the purposes for which such assist-
ance will be used.
‘‘(F) ANNUAL MILESTONES.—Annual mile-
stones for achieving full restoration and protec-
tion of the watershed.
‘‘(5) SCHEDULE FOR SUBMISSION OF IMPLE-
MENTATION
PROGRAMS.—The Governor of each
State shall submit a watershed implementation pro-
gram under paragraph (1) for each target watershed
in a priority group identified under subsection (c) in
accordance with the following schedule:
‘‘For each target watershed
in the following priority
group of the State:
An 
implementation 
program
shall be submitted:
1st priority group ..........................
As part of revisions to the State’s
management program under sub-
section (d).
2nd priority group .........................
Not later than 11⁄2 years after the
date of approval of revisions of the
State’s management program.
3rd priority group ..........................
Not later than 21⁄2 years after the
date of approval of revisions to the
State’s management program.
4th priority group ..........................
Not later than 31⁄2 years after the
date of approval of revisions to the
State’s management program.
5th priority group ..........................
Not later than 41⁄2 years after the
date of approval of revisions to the
State’s management program.
‘‘(6) SCHEDULE FOR NOTIFICATION OF LAND
OWNERS AND OPERATORS.—The Governor of each
State shall notify land owners and operators des-
ignated by the State to implement site-level pro-
grams pursuant to subsection (d)(2)(B) in accord-
ance with the following schedule:
‘‘For each target watershed
in the following priority
group of the State:
Land 
owners 
and 
operators
shall be notified:
1st priority group ..........................
As provided by subsection (c).
2nd priority group .........................
Not later than 6 months after the
date of approval of revisions to the
State’s management program.
3rd priority group ..........................
Not later than 11⁄2 years after the
date of approval of revisions to the
State’s management program.
4th priority group ..........................
Not later than 21⁄2 years after the
date of approval of revisions to the
State’s management program.
5th priority group ..........................
Not later than 31⁄2 years after the
date of approval of revisions to the
State’s management program.
‘‘(f) APPROVAL AND DISAPPROVAL OF PROGRAMS.—
‘‘(1) IN GENERAL.—Revisions to the manage-
ment program of a State under subsection (d) and
each implementation program for a target watershed
under subsection (e) shall be submitted to, and ap-
proved or disapproved by, the Administrator in ac-
cordance with the procedures described in section
319(d).
‘‘(2) LOCAL AGENCIES AND ORGANIZATIONS.—
A local public agency or organization shall be eligible
for technical and financial assistance under section
319(e) in any case in which a State fails to submit
revisions to the management program of the State
under subsection (d) (or the Administrator does not
approve such revisions) and in any case in which a
State fails to submit an implementation program for
a target watershed under subsection (e) (or the Ad-
ministrator does not approve such implementation
program).
‘‘(3) PREPARATION OF PROGRAMS BY EPA.—
The Administrator shall prepare revisions to the
management program of a State and shall prepare
an implementation program for a target watershed
in a State in any case in which such revisions or im-
plementation program are not prepared by the State
or by a local public agency or organization in the
State in accordance with the requirements of this
section.
‘‘(g) ELIGIBILITY FOR GRANTS FOR IMPLEMENTA-
TION OF MANAGEMENT PROGRAMS.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), no grant shall be made to a State
under section 319(h) in any fiscal year unless the
Administrator determines that the State in the pre-
vious fiscal year—
‘‘(A) complied with all applicable require-
ments contained in this section, including re-
quirements 
relating 
to 
identification 
and
prioritization of target watersheds, notification
of land owners and operators, submission of re-
vised management programs, submission of im-
plementation programs, use of enforceable
mechanisms, and implementation of additional
management measures; and
‘‘(B) made satisfactory progress in meeting
annual milestones for achieving full restoration
and protection of each target watershed in the
State under the implementation program for
such watershed developed under subsection (e).
‘‘(2) SPECIAL RULE.—If the Administrator de-
termines under paragraph (1) that a State has met
the requirements described in such paragraph only
with respect to certain watersheds in the State, the
Administrator may make a grant to the State under
section 319(h) to assist the State in implementing
its management program in such watersheds.
‘‘(3) MONITORING.—The Administrator shall
make determinations regarding satisfactory progress
under paragraph (1)(B) on the basis of certifications
made by each State as to the results of monitoring
activities being conducted by the State.
‘‘(h) PENALTIES.—
‘‘(1) IN GENERAL.—Immediately upon a deter-
mination by the Administrator under subsection
(g)(1) that a State has not met the requirements of
this section, and until such time as the Adminis-
trator determines otherwise, the following restric-
tions shall apply with respect to the State:
‘‘(A) The Administrator or the State (in
the case of an approved permit program under
section 402) shall not approve any application
for a new permit under section 402 and shall
not allow any increase in discharges covered
under existing permits under section 402.
‘‘(B) The Secretary of the Army or a State
(in the case of an approved permit program
under section 404) shall not approve any appli-
cation for a new permit under section 404 and
shall not allow any increase in discharges cov-
ered under existing permits under section 404.
‘‘(2) SPECIAL RULE.—If the Administrator de-
termines under subsection (g)(1) that a State has
met the requirements described in such subsection
with respect to certain watersheds in the State, the
restrictions described in paragraph (1) shall not
apply with respect to such watersheds.
‘‘(3) APPLICATION
FOR
NEW
PERMIT
DE-
FINED.—For the purposes of this subsection, the
term ‘application for a new permit’ shall not include
an application to renew an existing permit.
‘‘(i) ADDITIONAL MEASURES.—If the Governor of a
State determines, upon the expiration of the 8-year period
beginning on the date of approval of an implementation
program for a target watershed submitted under sub-
section (e), that full restoration and protection of the tar-
get watershed has not been achieved, the Governor shall,
in each succeeding 2-year period, take either or both of
the following actions to ensure that full restoration and
protection is achieved before the expiration of the 12-year
period beginning on such date:
‘‘(A) Require land owners and operators who
have implemented site-level programs and land own-
ers and operators participating in qualified pro-
grams, as defined in subsection (d)(3)(B), in the
target watershed to undertake additional manage-
ment measures under such programs.
‘‘(B) Require additional land owners and opera-
tors (including, as necessary, land owners and opera-
tors participating in qualified programs, as defined
in subsection (d)(3)(B)) in the target watershed to
implement site-level programs.
‘‘(j) ENFORCEMENT
OF WATER QUALITY STAND-
ARDS.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), following the expiration of the 8-year
period beginning on the date of approval of an im-
plementation program for a target watershed sub-
mitted under subsection (e) water quality standards
shall be enforceable against nonpoint sources of pol-
lution in such watershed.
‘‘(2) EXCEPTIONS.—In the 4-year period follow-
ing the expiration of the 8-year period referred to in
paragraph (1), a land owner or operator complying
with the requirements of—
‘‘(A) a permit issued pursuant to section
402,
‘‘(B) a site-level program implemented
under this section,
‘‘(C) a water quality protection plan imple-
mented under section 1238B of the Food Secu-
rity Act of 1985,
‘‘(D) an integrated farm management plan
implemented under section 1451(b)(1)(C) of the
Food, Agriculture, Conservation, and Trade Act
of 1990,
‘‘(E) an enforceable coastal nonpoint man-
agement plan approved under section 6217 of
the Coastal Zone Act Reauthorization Amend-
ments of 1990, or
‘‘(F) regulations issued pursuant to section
319(o), shall not be subject to any penalty for
violation of water quality standards with respect
to nonpoint source pollutants and land areas
regulated under such requirements.
‘‘(k) CONTINUED MONITORING.—Upon achievement
of full restoration and protection of a target watershed
in a State, the Governor shall continue to monitor the wa-
tershed to assure that full restoration and protection is
maintained.
‘‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing contained in this section shall be construed to
limit the authority or responsibility of the Administrator
or a State to develop and enforce total maximum daily
loads under section 303(d).
‘‘(m) DEFINITIONS.—For the purposes of this section
and section 319, the following definitions apply:
‘‘(1) ENFORCEABLE
MECHANISMS.—The term
‘enforceable mechanisms’ means State and local
measures which are legally binding through constitu-
tional provisions, laws, regulations, local land use
plans, ordinances, judicial or administrative deci-
sions, permits, contracts, or other means by which a
State or political subdivision requires compliance
with the provisions of this section.
‘‘(2) FULL RESTORATION AND PROTECTION.—
The term ‘full restoration and protection’ means—
‘‘(A) attainment and maintenance of all
applicable water quality standards;
‘‘(B) protection and propagation of a bal-
anced, indigenous population of aquatic and
aquatic-dependent species, aquatic ecosystem
biodiversity, and habitat restoration and main-
tenance;
‘‘(C) protection of public health;
‘‘(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.