I 
111TH CONGRESS 
1ST SESSION H. R. 1262 
To amend the Federal Water Pollution Control Act to authorize appropria-
tions for State water pollution control revolving funds, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2009 
Mr. OBERSTAR (for himself, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. 
YOUNG of Alaska, Mrs. TAUSCHER, Mr. BISHOP of New York, Mr. 
LOBIONDO, Mrs. NAPOLITANO, Mr. ARCURI, Mr. PASCRELL, and Mr. 
MCNERNEY) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend the Federal Water Pollution Control Act to au-
thorize appropriations for State water pollution control 
revolving funds, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) IN GENERAL.—This Act may be cited as the 
‘‘Water Quality Investment Act of 2009’’. 
(b) TABLE OF CONTENTS.— 
1. Short title; table of contents. 
2. Amendment of Federal Water Pollution Control Act. 
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TITLE I—WATER QUALITY FINANCING 
Subtitle A—Technical and Management Assistance 
1101. Technical assistance. 
1102. State management assistance. 
1103. Watershed pilot projects. 
Subtitle B—Construction of Treatment Works 
1201. Sewage collection systems. 
1202. Treatment works defined. 
Subtitle C—State Water Pollution Control Revolving Funds 
1301. General authority for capitalization grants. 
1302. Capitalization grant agreements. 
1303. Water pollution control revolving loan funds. 
1304. Allotment of funds. 
1305. Intended use plan. 
1306. Annual reports. 
1307. Technical assistance; requirements for use of American materials. 
1308. Authorization of appropriations. 
Subtitle D—General Provisions 
1401. Definition of treatment works. 
1402. Funding for Indian programs. 
Subtitle E—Tonnage Duties 
1501. Tonnage duties. 
TITLE II—ALTERNATIVE WATER SOURCE PROJECTS 
2001. Pilot program for alternative water source projects. 
TITLE III—SEWER OVERFLOW CONTROL GRANTS 
3001. Sewer overflow control grants. 
TITLE IV—MONITORING, REPORTING, AND PUBLIC NOTIFICATION 
OF SEWER OVERFLOWS 
4001. Monitoring, reporting, and public notification of sewer overflows. 
TITLE V—GREAT LAKES LEGACY REAUTHORIZATION 
5001. Remediation of sediment contamination in areas of concern. 
5002. Public information program. 
5003. Contaminated sediment remediation approaches, technologies, and tech-
niques. 
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SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON-
TROL ACT. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.). 
TITLE I—WATER QUALITY 
FINANCING 
Subtitle A—Technical and 
Management Assistance 
SEC. 1101. TECHNICAL ASSISTANCE. 
(a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL 
TREATMENT
WORKS.—Section 
104(b) 
(33 
U.S.C. 
1254(b)) 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: 
‘‘(8) make grants to nonprofit organizations— 
‘‘(A) to provide technical assistance to 
rural and small municipalities for the purpose 
of assisting, in consultation with the State in 
which the assistance is provided, such munici-
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palities in the planning, developing, and acquisi-
tion of financing for eligible projects described 
in section 603(c); 
‘‘(B) to provide technical assistance and 
training for rural and small publicly owned 
treatment works and decentralized wastewater 
treatment systems to enable such treatment 
works and systems to protect water quality and 
achieve and maintain compliance with the re-
quirements of this Act; and 
‘‘(C) to disseminate information to rural 
and small municipalities and municipalities that 
meet the affordability criteria established under 
section 603(i)(2) by the State in which the mu-
nicipality is located with respect to planning, 
design, construction, and operation of publicly 
owned treatment works and decentralized 
wastewater treatment systems.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
104(u) (33 U.S.C. 1254(u)) is amended— 
(1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 
and 
(2) by inserting before the period at the end the 
following: ‘‘; and (7) not to exceed $100,000,000 for 
each of fiscal years 2010 through 2014 for carrying 
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out subsections (b)(3), (b)(8), and (g), except that 
not less than 20 percent of the amounts appro-
priated pursuant to this paragraph in a fiscal year 
shall be used for carrying out subsection (b)(8)’’. 
(c) 
SMALL
FLOWS
CLEARINGHOUSE.—Section 
104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— 
(1) 
in 
the 
first 
sentence 
by 
striking 
‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’; and 
(2) in the second sentence by striking ‘‘1986’’ 
and inserting ‘‘2011’’. 
SEC. 1102. STATE MANAGEMENT ASSISTANCE. 
Section 106(a) (33 U.S.C. 1256(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the semicolon at the end of 
paragraph (2) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) such sums as may be necessary for each 
of 
fiscal 
years 
1991 
through 
2009, 
and 
$300,000,000 for each of fiscal years 2010 through 
2014;’’. 
SEC. 1103. WATERSHED PILOT PROJECTS. 
(a) PILOT
PROJECTS.—Section 122 (33 U.S.C. 
1274) is amended— 
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(1) in the section heading by striking ‘‘WET 
WEATHER’’; and 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘wet weather discharge’’; 
(B) in paragraph (2) by striking ‘‘in reduc-
ing such pollutants’’ and all that follows before 
the period at the end and inserting ‘‘to manage, 
reduce, treat, or reuse municipal stormwater, 
including low-impact development technologies’’; 
and 
(C) by adding at the end the following: 
‘‘(3) WATERSHED PARTNERSHIPS.—Efforts of 
municipalities and property owners to demonstrate 
cooperative ways to address nonpoint sources of pol-
lution to reduce adverse impacts on water quality. 
‘‘(4) INTEGRATED WATER RESOURCE PLAN.— 
The development of an integrated water resource 
plan for the coordinated management and protection 
of surface water, ground water, and stormwater re-
sources on a watershed or subwatershed basis to 
meet the objectives, goals, and policies of this Act.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
122(c)(1) is amended by striking ‘‘for fiscal year 2004’’ 
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and inserting ‘‘for each of fiscal years 2004 through 
2014’’. 
(c) REPORT
TO
CONGRESS.—Section 122(d) is 
amended by striking ‘‘5 years after the date of enactment 
of this section’’ and inserting ‘‘October 1, 2011,’’. 
Subtitle B—Construction of 
Treatment Works 
SEC. 1201. SEWAGE COLLECTION SYSTEMS. 
Section 211 (33 U.S.C. 1291) is amended— 
(1) by striking the section designation and all 
that follows through ‘‘(a) No’’ and inserting the fol-
lowing: 
‘‘SEC. 211. SEWAGE COLLECTION SYSTEMS. 
‘‘(a) IN GENERAL.—No’’; 
(2) in subsection (b) by inserting ‘‘POPULATION 
DENSITY.—’’ after ‘‘(b)’’; and 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) EXCEPTIONS.— 
‘‘(1) REPLACEMENT AND MAJOR REHABILITA-
TION.—Notwithstanding the requirement of sub-
section (a)(1) concerning the existence of a collection 
system as a condition of eligibility, a project for re-
placement or major rehabilitation of a collection sys-
tem existing on January 1, 2007, shall be eligible for 
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a grant under this title if the project otherwise 
meets the requirements of subsection (a)(1) and 
meets the requirement of paragraph (3). 
‘‘(2) NEW SYSTEMS.—Notwithstanding the re-
quirement of subsection (a)(2) concerning the exist-
ence of a community as a condition of eligibility, a 
project for a new collection system to serve a com-
munity existing on January 1, 2007, shall be eligible 
for a grant under this title if the project otherwise 
meets the requirements of subsection (a)(2) and 
meets the requirement of paragraph (3). 
‘‘(3) REQUIREMENT.—A project meets the re-
quirement of this paragraph if the purpose of the 
project is to accomplish the objectives, goals, and 
policies of this Act by addressing an adverse envi-
ronmental condition existing on the date of enact-
ment of this paragraph.’’. 
SEC. 1202. TREATMENT WORKS DEFINED. 
Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amend-
ed— 
(1) by striking ‘‘any works, including site’’; 
(2) by striking ‘‘is used for ultimate’’ and in-
serting ‘‘will be used for ultimate’’; and 
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(3) by inserting before the period at the end the 
following: ‘‘and acquisition of other lands, and inter-
ests in lands, which are necessary for construction’’. 
Subtitle C—State Water Pollution 
Control Revolving Funds 
SEC. 1301. GENERAL AUTHORITY FOR CAPITALIZATION 
GRANTS. 
Section 601(a) (33 U.S.C. 1381(a)) is amended by 
striking ‘‘for providing assistance’’ and all that follows 
through the period at the end and inserting the following: 
‘‘to accomplish the objectives, goals, and policies of this 
Act by providing assistance for projects and activities 
identified in section 603(c).’’. 
SEC. 1302. CAPITALIZATION GRANT AGREEMENTS. 
(a) REPORTING INFRASTRUCTURE ASSETS.—Section 
602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by striking 
‘‘standards’’ and inserting ‘‘standards, including stand-
ards relating to the reporting of infrastructure assets’’. 
(b) ADDITIONAL REQUIREMENTS.—Section 602(b) 
(33 U.S.C. 1382(b)) is amended— 
(1) in paragraph (6)— 
(A) by striking ‘‘before fiscal year 1995’’; 
(B) by striking ‘‘funds directly made avail-
able by capitalization grants under this title 
and section 205(m) of this Act’’ and inserting 
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‘‘assistance made available by a State water 
pollution control revolving fund as authorized 
under this title, or with assistance made avail-
able under section 205(m), or both,’’; and 
(C) by striking ‘‘201(b)’’ and all that fol-
lows through the term ‘‘511(c)(1),’’ and insert-
ing ‘‘211’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(9); 
(3) by striking the period at the end of para-
graph (10) and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(11) the State will establish, maintain, invest, 
and credit the fund with repayments, such that the 
fund balance will be available in perpetuity for pro-
viding financial assistance in accordance with this 
title; 
‘‘(12) any fees charged by the State to recipi-
ents of assistance that are considered program in-
come will be used for the purpose of financing the 
cost of administering the fund or financing projects 
or activities eligible for assistance from the fund; 
‘‘(13) beginning in fiscal year 2011, the State 
will include as a condition of providing assistance to 
a municipality or intermunicipal, interstate, or State 
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agency that the recipient of such assistance certify, 
in a manner determined by the Governor of the 
State, that the recipient— 
‘‘(A) has studied and evaluated the cost 
and effectiveness of the processes, materials, 
techniques, and technologies for carrying out 
the proposed project or activity for which assist-
ance is sought under this title, and has selected, 
to the extent practicable, a project or activity 
that maximizes the potential for efficient water 
use, reuse, and conservation, and energy con-
servation, taking into account the cost of con-
structing the project or activity, the cost of op-
erating and maintaining the project or activity 
over its life, and the cost of replacing the 
project or activity; and 
‘‘(B) has considered, to the maximum ex-
tent practicable and as determined appropriate 
by the recipient, the costs and effectiveness of 
other design, management, and financing ap-
proaches for carrying out a project or activity 
for which assistance is sought under this title, 
taking into account the cost of constructing the 
project or activity, the cost of operating and 
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maintaining the project or activity over its life, 
and the cost of replacing the project or activity; 
‘‘(14) the State will use at least 10 percent of 
the amount of each capitalization grant received by 
the State under this title after September 30, 2010, 
to provide assistance to municipalities of fewer than 
10,000 individuals that meet the affordability cri-
teria established by the State under section 
603(i)(2) for activities included on the State’s pri-
ority list established under section 603(g), to the ex-
tent that there are sufficient applications for such 
assistance; 
‘‘(15) a contract to be carried out using funds 
directly made available by a capitalization grant 
under this title for program management, construc-
tion management, feasibility studies, preliminary en-
gineering, design, engineering, surveying, mapping, 
or architectural related services shall be negotiated 
in the same manner as a contract for architectural 
and engineering services is negotiated under chapter 
11 of title 40, United States Code, or an equivalent 
State qualifications-based requirement (as deter-
mined by the Governor of the State); and 
‘‘(16) the requirements of section 513 will apply 
to the construction of treatment works carried out in 
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whole or in part with assistance made available by 
a State water pollution control revolving fund as au-
thorized under this title, or with assistance made 
available under section 205(m), or both, in the same 
manner as treatment works for which grants are 
made under this Act.’’. 
SEC. 1303. WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS. 
(a) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS-
SISTANCE.—Section 603(c) (33 U.S.C. 1383(c)) is amend-
ed to read as follows: 
‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS-
SISTANCE.—The amounts of funds available to each State 
water pollution control revolving fund shall be used only 
for providing financial assistance— 
‘‘(1) to any municipality or intermunicipal, 
interstate, or State agency for construction of pub-
licly owned treatment works; 
‘‘(2) for the implementation of a management 
program established under section 319; 
‘‘(3) for development and implementation of a 
conservation and management plan under section 
320; 
‘‘(4) for the implementation of lake protection 
programs and projects under section 314; 
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‘‘(5) for repair or replacement of decentralized 
wastewater treatment systems that treat domestic 
sewage; 
‘‘(6) for measures to manage, reduce, treat, or 
reuse 
municipal 
stormwater, 
agricultural 
stormwater, and return flows from irrigated agri-
culture; 
‘‘(7) to any municipality or intermunicipal, 
interstate, or State agency for measures to reduce 
the demand for publicly owned treatment works ca-
pacity through water conservation, efficiency, or 
reuse; and 
‘‘(8) for the development and implementation of 
watershed projects meeting the criteria set forth in 
section 122.’’. 
(b) 
EXTENDED
REPAYMENT
PERIOD.—Section 
603(d)(1) (33 U.S.C. 1383(d)(1)) is amended— 
(1) in subparagraph (A) by striking ‘‘20 years’’ 
and inserting ‘‘the lesser of 30 years or the design 
life of the project to be financed with the proceeds 
of the loan’’; and 
(2) in subparagraph (B) by striking ‘‘not later 
than 20 years after project completion’’ and insert-
ing ‘‘upon the expiration of the term of the loan’’. 
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(c) 
FISCAL
SUSTAINABILITY
PLAN.—Section 
603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by adding at the end the following: 
‘‘(E) for any portion of a treatment works 
proposed for repair, replacement, or expansion, 
and eligible for assistance under section 
603(c)(1), the recipient of a loan will develop 
and implement a fiscal sustainability plan that 
includes— 
‘‘(i) an inventory of critical assets 
that are a part of that portion of the treat-
ment works; 
‘‘(ii) an evaluation of the condition 
and performance of inventoried assets or 
asset groupings; and 
‘‘(iii) a plan for maintaining, repair-
ing, and, as necessary, replacing that por-
tion of the treatment works and a plan for 
funding such activities;’’. 
(d) ADMINISTRATIVE EXPENSES.—Section 603(d)(7) 
(33 U.S.C. 1383(d)(7)) is amended by inserting before the 
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period at the end the following: ‘‘, $400,000 per year, or 
1⁄5 percent per year of the current valuation of the fund, 
whichever amount is greatest, plus the amount of any fees 
collected by the State for such purpose regardless of the 
source’’. 
(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 a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) to provide grants to owners and operators 
of treatment works that serve a population of 
10,000 or fewer for obtaining technical and planning 
assistance and assistance in financial management, 
user fee analysis, budgeting, capital improvement 
planning, facility operation and maintenance, equip-
ment replacement, repair schedules, and other activi-
ties to improve wastewater treatment plant manage-
ment and operations, except that the total amount 
provided by the State in grants under this para-
graph for a fiscal year may not exceed one percent 
of the total amount of assistance provided by the 
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State from the fund in the preceding fiscal year, or 
2 percent of the total amount received by the State 
in capitalization grants under this title in the pre-
ceding fiscal year, whichever amount is greatest; and 
‘‘(9) to provide grants to owners and operators 
of treatment works for conducting an assessment of 
the energy and water consumption of the treatment 
works, and evaluating potential opportunities for en-
ergy and water conservation through facility oper-
ation and maintenance, equipment replacement, and 
projects or activities that promote the efficient use 
of energy and water by the treatment works, except 
that the total amount provided by the State in 
grants under this paragraph for a fiscal year may 
not exceed one percent of the total amount of assist-
ance provided by the State from the fund in the pre-
ceding fiscal year, or 2 percent of the total amount 
received by the State in capitalization grants under 
this title in the preceding fiscal year, whichever 
amount is greatest.’’. 
(f) ADDITIONAL SUBSIDIZATION.—Section 603 (33 
U.S.C. 1383) is amended by adding at the end the fol-
lowing: 
‘‘(i) ADDITIONAL SUBSIDIZATION.— 
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‘‘(1) IN
GENERAL.—In any case in which a 
State provides assistance to a municipality or inter-
municipal, interstate, or State agency under sub-
section (d), the State may provide additional sub-
sidization, including forgiveness of principal and 
negative interest loans— 
‘‘(A) to benefit a municipality that— 
‘‘(i) meets the State’s affordability 
criteria established under paragraph (2); 
or 
‘‘(ii) does not meet the State’s afford-
ability criteria if the recipient— 
‘‘(I) seeks additional subsidiza-
tion to benefit individual ratepayers in 
the residential user rate class; 
‘‘(II) demonstrates to the State 
that such ratepayers will experience a 
significant hardship from the increase 
in rates necessary to finance the 
project or activity for which assistance 
is sought; and 
‘‘(III) ensures, as part of an as-
sistance agreement between the State 
and the recipient, that the additional 
subsidization 
provided 
under 
this 
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paragraph is directed through a user 
charge rate system (or other appro-
priate method) to such ratepayers; or 
‘‘(B) to implement a process, material, 
technique, or technology to address water-effi-
ciency goals, address energy-efficiency goals, 
mitigate stormwater runoff, or encourage envi-
ronmentally sensitive project planning, design, 
and construction. 
‘‘(2) AFFORDABILITY CRITERIA.— 
‘‘(A) ESTABLISHMENT.—On or before Sep-
tember 30, 2010, and after providing notice 
and an opportunity for public comment, a State 
shall establish affordability criteria to assist in 
identifying municipalities that would experience 
a significant hardship raising the revenue nec-
essary to finance a project or activity eligible 
for assistance under section 603(c)(1) if addi-
tional subsidization is not provided. Such cri-
teria shall be based on income data, population 
trends, and other data determined relevant by 
the State. 
‘‘(B) EXISTING CRITERIA.—If a State has 
previously established, after providing notice 
and an opportunity for public comment, afford-
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ability criteria that meet the requirements of 
subparagraph (A), the State may use the cri-
teria for the purposes of this subsection. For 
purposes of this Act, any such criteria shall be 
treated as affordability criteria established 
under this paragraph. 
‘‘(C) INFORMATION TO ASSIST STATES.— 
The Administrator may publish information to 
assist States in establishing affordability cri-
teria under subparagraph (A). 
‘‘(3) PRIORITY.—A State may give priority to a 
recipient for a project or activity eligible for funding 
under section 603(c)(1) if the recipient meets the 
State’s affordability criteria. 
‘‘(4) SET-ASIDE.— 
‘‘(A) IN GENERAL.—In any fiscal year in 
which the Administrator has available for obli-
gation more than $1,000,000,000 for the pur-
poses of this title, a State shall provide addi-
tional subsidization under this subsection in the 
amount specified in subparagraph (B) to eligi-
ble entities described in paragraph (1) for 
projects and activities identified in the State’s 
intended use plan prepared under section 
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606(c) to the extent that there are sufficient 
applications for such assistance. 
‘‘(B) AMOUNT.—In a fiscal year described 
in subparagraph (A), a State shall set-aside for 
purposes of subparagraph (A) an amount not 
less than 25 percent of the difference be-
tween— 
‘‘(i) the total amount that would have 
been allotted to the State under section 
604 for such fiscal year if the amount 
available to the Administrator for obliga-
tion under this title for such fiscal year 
had been equal to $1,000,000,000; and 
‘‘(ii) the total amount allotted to the 
State under section 604 for such fiscal 
year. 
‘‘(5) LIMITATION.—The total amount of addi-
tional subsidization provided under this subsection 
by a State may not exceed 30 percent of the total 
amount of capitalization grants received by the State 
under this title in fiscal years beginning after Sep-
tember 30, 2009.’’. 
SEC. 1304. ALLOTMENT OF FUNDS. 
(a) IN
GENERAL.—Section 604(a) (33 U.S.C. 
1384(a)) is amended to read as follows: 
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‘‘(a) ALLOTMENTS.— 
‘‘(1) FISCAL YEARS 2010 AND 2011.—Sums ap-
propriated to carry out this title for each of fiscal 
years 2010 and 2011 shall be allotted by the Admin-
istrator in accordance with the formula used to allot 
sums appropriated to carry out this title for fiscal 
year 2009. 
‘‘(2) FISCAL YEAR 2012 AND THEREAFTER.— 
Sums appropriated to carry out this title for fiscal 
year 2012 and each fiscal year thereafter shall be al-
lotted by the Administrator as follows: 
‘‘(A) 
Amounts 
that 
do 
not 
exceed 
$1,350,000,000 shall be allotted in accordance 
with the formula described in paragraph (1). 
‘‘(B) Amounts that exceed $1,350,000,000 
shall be allotted in accordance with the formula 
developed by the Administrator under sub-
section (d).’’. 
(b) PLANNING ASSISTANCE.—Section 604(b) (33 
U.S.C. 1384(b)) is amended by striking ‘‘1 percent’’ and 
inserting ‘‘2 percent’’. 
(c) FORMULA.—Section 604 (33 U.S.C. 1384) is 
amended by adding at the end the following: 
‘‘(d) 
FORMULA
BASED
ON
WATER
QUALITY 
NEEDS.—Not later than September 30, 2011, and after 
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providing notice and an opportunity for public comment, 
the Administrator shall publish an allotment formula 
based on water quality needs in accordance with the most 
recent survey of needs developed by the Administrator 
under section 516(b).’’. 
SEC. 1305. INTENDED USE PLAN. 
(a) INTEGRATED PRIORITY LIST.—Section 603(g) 
(33 U.S.C. 1383(g)) is amended to read as follows: 
‘‘(g) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—For fiscal year 2011 and 
each fiscal year thereafter, a State shall establish or 
update a list of projects and activities for which as-
sistance is sought from the State’s water pollution 
control revolving fund. Such projects and activities 
shall be listed in priority order based on the method-
ology established under paragraph (2). The State 
may provide financial assistance from the State’s 
water pollution control revolving fund only with re-
spect to a project or activity included on such list. 
In the case of projects and activities eligible for as-
sistance under section 603(c)(2), the State may in-
clude a category or subcategory of nonpoint sources 
of pollution on such list in lieu of a specific project 
or activity. 
‘‘(2) METHODOLOGY.— 
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‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this paragraph, 
and after providing notice and opportunity for 
public comment, each State (acting through the 
State’s water quality management agency and 
other appropriate agencies of the State) shall 
establish a methodology for developing a pri-
ority list under paragraph (1). 
‘‘(B) PRIORITY
FOR
PROJECTS
AND
AC-
TIVITIES
THAT
ACHIEVE
GREATEST
WATER 
QUALITY
IMPROVEMENT.—In developing the 
methodology, the State shall seek to achieve the 
greatest degree of water quality improvement, 
taking into consideration the requirements of 
section 602(b)(5) and section 603(i)(3), wheth-
er such water quality improvements would be 
realized without assistance under this title, and 
whether the proposed projects and activities 
would address water quality impairments asso-
ciated with existing treatment works. 
‘‘(C) 
CONSIDERATIONS
IN
SELECTING 
PROJECTS
AND
ACTIVITIES.—In determining 
which projects and activities will achieve the 
greatest degree of water quality improvement, 
the State shall consider— 
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‘‘(i) information developed by the 
State under sections 303(d) and 305(b); 
‘‘(ii) the State’s continuing planning 
process developed under section 303(e); 
‘‘(iii) the State’s management pro-
gram developed under section 319; and 
‘‘(iv) conservation and management 
plans developed under section 320. 
‘‘(D) NONPOINT SOURCES.—For categories 
or subcategories of nonpoint sources of pollu-
tion that a State may include on its priority list 
under paragraph (1), the State shall consider 
the cumulative water quality improvements as-
sociated with projects or activities in such cat-
egories or subcategories. 
‘‘(E) EXISTING
METHODOLOGIES.—If a 
State has previously developed, after providing 
notice and an opportunity for public comment, 
a methodology that meets the requirements of 
this paragraph, the State may use the method-
ology for the purposes of this subsection.’’. 
(b) INTENDED USE PLAN.—Section 606(c) (33 
U.S.C. 1386(c)) is amended— 
(1) in the matter preceding paragraph (1) by 
striking ‘‘each State shall annually prepare’’ and in-
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serting ‘‘each State (acting through the State’s 
water quality management agency and other appro-
priate agencies of the State) shall annually prepare 
and publish’’; 
(2) by striking paragraph (1) and inserting the 
following: 
‘‘(1) the State’s priority list developed under 
section 603(g);’’; 
(3) in paragraph (4)— 
(A) by striking ‘‘and (6)’’ and inserting 
‘‘(6), (15), and (17)’’; and 
(B) by striking ‘‘and’’ at the end; 
(4) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(5) by adding at the end the following: 
‘‘(6) if the State does not fund projects and ac-
tivities in the order of the priority established under 
section 603(g), an explanation of why such a change 
in order is appropriate.’’. 
(c) TRANSITIONAL PROVISION.—Before completion 
of a priority list based on a methodology established under 
section 603(g) of the Federal Water Pollution Control Act 
(as amended by this section), a State shall continue to 
comply with the requirements of sections 603(g) and 
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606(c) of such Act, as in effect on the day before the date 
of enactment of this Act. 
SEC. 1306. ANNUAL REPORTS. 
Section 606(d) (33 U.S.C. 1386(d)) is amended by 
inserting ‘‘the eligible purpose under section 603(c) for 
which the assistance is provided,’’ after ‘‘loan amounts,’’. 
SEC. 1307. TECHNICAL ASSISTANCE; REQUIREMENTS FOR 
USE OF AMERICAN MATERIALS. 
Title VI (33 U.S.C. 1381 et seq.) is amended— 
(1) by redesignating section 607 as section 609; 
and 
(2) by inserting after section 606 the following: 
‘‘SEC. 607. TECHNICAL ASSISTANCE. 
‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 
year after the date of enactment of this section, the Ad-
ministrator shall assist the States in establishing sim-
plified procedures for treatment works to obtain assistance 
under this title. 
‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 
years after the date of the enactment of this section, and 
after providing notice and opportunity for public comment, 
the Administrator shall publish a manual to assist treat-
ment works in obtaining assistance under this title and 
publish in the Federal Register notice of the availability 
of the manual. 
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‘‘(c) COMPLIANCE CRITERIA.—At the request of any 
State, the Administrator, after providing notice and an op-
portunity for public comment, shall assist in the develop-
ment of criteria for a State to determine compliance with 
the conditions of funding assistance established under sec-
tions 602(b)(13) and 603(d)(1)(E). 
‘‘SEC. 608. REQUIREMENTS FOR USE OF AMERICAN MATE-
RIALS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, none of the funds made available by a State 
water pollution control revolving fund as authorized under 
this title may be used for the construction of treatment 
works unless the steel, iron, and manufactured goods used 
in such treatment works are produced in the United 
States. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply in 
any case in which the Administrator (in consultation with 
the Governor of the State) finds that— 
‘‘(1) applying subsection (a) would be incon-
sistent with the public interest; 
‘‘(2) steel, iron, and manufactured goods are 
not produced in the United States in sufficient and 
reasonably available quantities and of a satisfactory 
quality; or 
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‘‘(3) inclusion of steel, iron, and manufactured 
goods produced in the United States will increase 
the cost of the overall project by more than 25 per-
cent. 
‘‘(c) PUBLIC NOTIFICATION
AND WRITTEN JUS-
TIFICATION FOR WAIVER.—If the Administrator deter-
mines that it is necessary to waive the application of sub-
section (a) based on a finding under subsection (b), the 
Administrator shall— 
‘‘(1) not less than 15 days prior to waiving ap-
plication of subsection (a), provide public notice and 
the opportunity to comment on the Administrator’s 
intent to issue such waiver; and 
‘‘(2) upon issuing such waiver, publish in the 
Federal Register a detailed written justification as 
to why the provision is being waived. 
‘‘(d) CONSISTENCY WITH INTERNATIONAL AGREE-
MENTS.—This section shall be applied in a manner con-
sistent with United States obligations under international 
agreements.’’. 
SEC. 1308. AUTHORIZATION OF APPROPRIATIONS. 
Section 609 (as redesignated by section 1307 of this 
Act) is amended by striking paragraphs (1) through (5) 
and inserting the following: 
‘‘(1) $2,400,000,000 for fiscal year 2010; 
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‘‘(2) $2,700,000,000 for fiscal year 2011; 
‘‘(3) $2,800,000,000 for fiscal year 2012; 
‘‘(4) $2,900,000,000 for fiscal year 2013; and 
‘‘(5) $3,000,000,000 for fiscal year 2014.’’. 
Subtitle D—General Provisions 
SEC. 1401. DEFINITION OF TREATMENT WORKS. 
Section 502 (33 U.S.C. 1362) is amended by adding 
at the end the following: 
‘‘(26) TREATMENT WORKS.—The term ‘treat-
ment works’ has the meaning given that term in sec-
tion 212.’’. 
SEC. 1402. FUNDING FOR INDIAN PROGRAMS. 
Section 518(c) (33 U.S.C. 1377) is amended— 
(1) by striking ‘‘The Administrator’’ and insert-
ing the following: 
‘‘(1) FISCAL YEARS 1987–2008.—The Adminis-
trator’’; 
(2) in paragraph (1) (as so designated)— 
(A) by inserting ‘‘and ending before Octo-
ber 1, 2008,’’ after ‘‘1986,’’; and 
(B) by striking the second sentence; and 
(3) by adding at the end the following: 
‘‘(2) FISCAL YEAR 2009 AND THEREAFTER.— 
For fiscal year 2009 and each fiscal year thereafter, 
the Administrator shall reserve, before allotments to 
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the States under section 604(a), not less than 0.5 
percent and not more than 1.5 percent of the funds 
made available to carry out title VI. 
‘‘(3) USE OF FUNDS.—Funds reserved under 
this subsection shall be available only for grants for 
projects and activities eligible for assistance under 
section 603(c) to serve— 
‘‘(A) Indian tribes (as defined in section 
518(h)); 
‘‘(B) former Indian reservations in Okla-
homa (as determined by the Secretary of the 
Interior); and 
‘‘(C) Native villages (as defined in section 
3 of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602)).’’. 
Subtitle E—Tonnage Duties 
SEC. 1501. TONNAGE DUTIES. 
(a) IN GENERAL.—Section 60301 of title 46, United 
State Code, is amended— 
(1) in the section heading by striking ‘‘taxes’’ 
and inserting ‘‘duties’’; 
(2) by amending subsections (a) and (b) to read 
as follows: 
‘‘(a) LOWER RATE.— 
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‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 
at the rate described in paragraph (2) at each entry 
in a port of the United States of— 
‘‘(A) a vessel entering from a foreign port 
or place in North America, Central America, 
the West Indies Islands, the Bahama Islands, 
the Bermuda Islands, or the coast of South 
America bordering the Caribbean Sea; or 
‘‘(B) a vessel returning to the same port or 
place in the United States from which it de-
parted, and not entering the United States 
from another port or place, except— 
‘‘(i) a vessel of the United States; 
‘‘(ii) a recreational vessel (as defined 
in section 2101 of this title); or 
‘‘(iii) a barge. 
‘‘(2) RATE.—The rate referred to in paragraph 
(1) shall be— 
‘‘(A) 4.5 cents per ton (but not more than 
a total of 22.5 cents per ton per year) for fiscal 
years 2006 through 2009; 
‘‘(B) 9.0 cents per ton (but not more than 
a total of 45 cents per ton per year) for fiscal 
years 2010 through 2019; and 
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‘‘(C) 2 cents per ton (but not more than 
a total of 10 cents per ton per year) for each 
fiscal year thereafter. 
‘‘(b) HIGHER RATE.— 
‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 
at the rate described in paragraph (2) on a vessel 
at each entry in a port of the United States from 
a foreign port or place not named in subsection 
(a)(1). 
‘‘(2) RATE.—The rate referred to in paragraph 
(1) shall be— 
‘‘(A) 13.5 cents per ton (but not more 
than a total of 67.5 cents per ton per year) for 
fiscal years 2006 through 2009; 
‘‘(B) 27 cents per ton (but not more than 
a total of $1.35 per ton per year) for fiscal 
years 2010 through 2019; and 
‘‘(C) 6 cents per ton (but not more than 
a total of 30 cents per ton per year) for each 
fiscal year thereafter.’’; and 
(3) in subsection (c) by striking ‘‘taxes’’ and in-
serting ‘‘duties’’. 
(b) LIABILITY IN REM.—Chapter 603 of title 46, 
United States Code, is amended by adding at the end the 
following: 
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‘‘§ 60313. Liability in rem for costs 
‘‘A vessel is liable in rem for any amount due under 
this chapter for that vessel and may be proceeded against 
for that liability in the United States district court for 
any district in which the vessel may be found.’’. 
(c) CONFORMING AMENDMENTS.—Such title is fur-
ther amended— 
(1) by striking the heading for subtitle VI and 
inserting the following: 
‘‘Subtitle VI—Clearance and 
Tonnage Duties’’; 
(2) in the headings of sections in chapter 603, 
by striking ‘‘taxes’’ each place it appears and in-
serting ‘‘duties’’; 
(3) in the heading for subsection (a) of section 
60303, by striking ‘‘TAX’’ and inserting ‘‘DUTY’’; 
(4) in the text of sections in chapter 603, by 
striking ‘‘taxes’’ each place it appears and inserting 
‘‘duties’’; and 
(5) in the text of sections in chapter 603, by 
striking ‘‘tax’’ each place it appears and inserting 
‘‘duty’’. 
(d) CLERICAL AMENDMENTS.—Such title is further 
amended— 
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TITLE 
IV—MONITORING, 
RE-
PORTING, AND PUBLIC NOTI-
FICATION OF SEWER OVER-
FLOWS 
SEC. 4001. MONITORING, REPORTING, AND PUBLIC NOTIFI-
CATION OF SEWER OVERFLOWS. 
Section 402 (33 U.S.C. 1342) is amended by adding 
at the end the following: 
‘‘(r) SEWER OVERFLOW MONITORING, REPORTING, 
AND NOTIFICATIONS.— 
‘‘(1) GENERAL REQUIREMENTS.—After the last 
day of the 180-day period beginning on the date on 
which regulations are issued under paragraph (4), a 
permit issued, renewed, or modified under this sec-
tion by the Administrator or the State, as the case 
may be, for a publicly owned treatment works shall 
require, at a minimum, beginning on the date of the 
issuance, modification, or renewal, that the owner or 
operator of the treatment works— 
‘‘(A) institute and utilize a feasible meth-
odology, technology, or management program 
for monitoring sewer overflows to alert the 
owner or operator to the occurrence of a sewer 
overflow in a timely manner; 
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‘‘(B) in the case of a sewer overflow that 
has the potential to affect human health, notify 
the public of the overflow as soon as practicable 
but not later than 24 hours after the time the 
owner or operator knows of the overflow; 
‘‘(C) in the case of a sewer overflow that 
may imminently and substantially endanger 
human health, notify public health authorities 
and other affected entities, such as public water 
systems, of the overflow immediately after the 
owner or operator knows of the overflow; 
‘‘(D) report each sewer overflow on its dis-
charge monitoring report to the Administrator 
or the State, as the case may be, by describ-
ing— 
‘‘(i) the magnitude, duration, and sus-
pected cause of the overflow; 
‘‘(ii) the steps taken or planned to re-
duce, eliminate, or prevent recurrence of 
the overflow; and 
‘‘(iii) the steps taken or planned to 
mitigate the impact of the overflow; and 
‘‘(E) annually report to the Administrator 
or the State, as the case may be, the total num-
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ber of sewer overflows in a calendar year, in-
cluding— 
‘‘(i) the details of how much waste-
water was released per incident; 
‘‘(ii) the duration of each sewer over-
flow; 
‘‘(iii) the location of the overflow and 
any potentially affected receiving waters; 
‘‘(iv) the responses taken to clean up 
the overflow; and 
‘‘(v) the actions taken to mitigate im-
pacts and avoid further sewer overflows at 
the site. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) NOTIFICATION REQUIREMENTS.—The 
notification requirements of paragraphs (1)(B) 
and (1)(C) shall not apply to a sewer overflow 
that is a wastewater backup into a single-family 
residence. 
‘‘(B) REPORTING
REQUIREMENTS.—The 
reporting requirements of paragraphs (1)(D) 
and (1)(E) shall not apply to a sewer overflow 
that is a release of wastewater that occurs in 
the course of maintenance of the treatment 
works, is managed consistently with the treat-
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ment works’ best management practices, and is 
intended to prevent sewer overflows. 
‘‘(3) REPORT TO EPA.—Each State shall pro-
vide to the Administrator annually a summary of 
sewer overflows that occurred in the State. 
‘‘(4) RULEMAKING BY EPA.—Not later than one 
year after the date of enactment of this subsection, 
the Administrator, after providing notice and an op-
portunity for public comment, shall issue regulations 
to implement this subsection, including regulations 
to— 
‘‘(A) establish a set of criteria to guide the 
owner or operator of a publicly owned treat-
ment works in— 
‘‘(i) assessing whether a sewer over-
flow has the potential to affect human 
health or may imminently and substan-
tially endanger human health; and 
‘‘(ii) developing communication meas-
ures that are sufficient to give notice 
under paragraphs (1)(B) and (1)(C); and 
‘‘(B) define the terms ‘feasible’ and ‘time-
ly’ as such terms apply to paragraph (1)(A), in-
cluding site specific conditions. 
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‘‘(5) APPROVAL OF STATE NOTIFICATION PRO-
GRAMS.— 
‘‘(A) REQUESTS FOR APPROVAL.— 
‘‘(i) IN GENERAL.—After the date of 
issuance of regulations under paragraph 
(4), a State may submit to the Adminis-
trator evidence that the State has in place 
a legally enforceable notification program 
that is substantially equivalent to or ex-
ceeds the requirements of paragraphs 
(1)(B) and (1)(C). 
‘‘(ii) PROGRAM REVIEW AND AUTHOR-
IZATION.—If the evidence submitted by a 
State under clause (i) shows the notifica-
tion program of the State to be substan-
tially equivalent to or exceeds the require-
ments of paragraphs (1)(B) and (1)(C), 
the Administrator shall authorize the State 
to carry out such program instead of the 
requirements of paragraphs (1)(B) and 
(1)(C). 
‘‘(iii) FACTORS
FOR
DETERMINING 
SUBSTANTIAL EQUIVALENCY.—In carrying 
out a review of a State notification pro-
gram under clause (ii), the Administrator 
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shall take into account the scope of sewer 
overflows for which notification is required, 
the length of time during which notifica-
tion must be made, the scope of persons 
who must be notified of sewer overflows, 
the scope of enforcement activities ensur-
ing that notifications of sewer overflows 
are made, and such other factors as the 
Administrator considers appropriate. 
‘‘(B) REVIEW PERIOD.—If a State submits 
evidence with respect to a notification program 
under subparagraph (A)(i) on or before the last 
day of the 30-day period beginning on the date 
of issuance of regulations under paragraph (4), 
the requirements of paragraphs (1)(B) and 
(1)(C) shall not begin to apply to a publicly 
owned treatment works located in the State 
until the date on which the Administrator com-
pletes a review of the notification program 
under subparagraph (A)(ii). 
‘‘(C) WITHDRAWAL OF AUTHORIZATION.— 
If the Administrator, after conducting a public 
hearing, determines that a State is not admin-
istering and enforcing a State notification pro-
gram authorized under subparagraph (A)(ii) in 
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accordance with the requirements of this para-
graph, the Administrator shall so notify the 
State and, if appropriate corrective action is not 
taken within a reasonable time, not to exceed 
90 days, the Administrator shall withdraw au-
thorization of such program and enforce the re-
quirements of paragraphs (1)(B) and (1)(C) 
with respect to the State. 
‘‘(6) SPECIAL
RULES
CONCERNING
APPLICA-
TION OF NOTIFICATION REQUIREMENTS.—After the 
last day of the 30-day period beginning on the date 
of issuance of regulations under paragraph (4), the 
requirements of paragraphs (1)(B) and (1)(C) 
shall— 
‘‘(A) apply to the owner or operator of a 
publicly owned treatment works and be subject 
to enforcement under section 309, and 
‘‘(B) supersede any notification require-
ments contained in a permit issued under this 
section for the treatment works to the extent 
that the notification requirements are less strin-
gent than the notification requirements of para-
graphs (1)(B) and (1)(C), 
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until such date as a permit is issued, renewed, or 
modified under this section for the treatment works 
in accordance with paragraph (1). 
‘‘(7) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) SANITARY SEWER OVERFLOW.—The 
term ‘sanitary sewer overflow’ means an over-
flow, spill, release, or diversion of wastewater 
from a sanitary sewer system. Such term does 
not include municipal combined sewer overflows 
or other discharges from the combined portion 
of a municipal combined storm and sanitary 
sewer system and does not include wastewater 
backups into buildings caused by a blockage or 
other malfunction of a building lateral that is 
privately owned. Such term includes overflows 
or releases of wastewater that reach waters of 
the United States, overflows or releases of 
wastewater in the United States that do not 
reach waters of the United States, and waste-
water backups into buildings that are caused by 
blockages or flow conditions in a sanitary sewer 
other than a building lateral. 
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‘‘(B) 
SEWER
OVERFLOW.—The 
term 
‘sewer overflow’ means a sanitary sewer over-
flow or a municipal combined sewer overflow. 
‘‘(C) SINGLE-FAMILY
RESIDENCE.—The 
term ‘single-family residence’ means an indi-
vidual dwelling unit, including an apartment, 
condominium, house, or dormitory. Such term 
does not include the common areas of a multi- 
dwelling structure.’’. 
TITLE V—GREAT LAKES LEGACY 
REAUTHORIZATION 
SEC. 5001. REMEDIATION OF SEDIMENT CONTAMINATION 
IN AREAS OF CONCERN. 
Section 118(c)(12)(H) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1268(c)(12)(H)) is amended 
by striking clause (i) and inserting the following: 
‘‘(i) IN
GENERAL.—In addition to 
other amounts authorized under this sec-
tion, there is authorized to be appropriated 
to carry out this paragraph— 
‘‘(I) $50,000,000 for each of the 
fiscal years 2004 through 2009; and 
‘‘(II) $150,000,000 for each of 
the fiscal years 2010 through 2014.’’. 
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SEC. 5002. PUBLIC INFORMATION PROGRAM. 
Section 118(c)(13)(B) (33 U.S.C. 1268(c)(13)(B)) is 
amended by striking ‘‘2010’’ and inserting ‘‘2014’’. 
SEC. 5003. CONTAMINATED SEDIMENT REMEDIATION AP-
PROACHES, 
TECHNOLOGIES, 
AND 
TECH-
NIQUES. 
Section 106(b) of the Great Lakes Legacy Act of 
2002 (33 U.S.C. 1271a(b)) is amended by striking para-
graph (1) and inserting the following: 
‘‘(1) IN GENERAL.—In addition to amounts au-
thorized under other laws, there is authorized to be 
appropriated to carry out this section— 
‘‘(A) $3,000,000 for each of the fiscal 
years 2004 through 2009; and 
‘‘(B) $5,000,000 for each of the fiscal 
years 2010 through 2014.’’. 
Æ 
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