Beaches Environmental Assessment and Coastal Health Act of 2000
PL 106-284 (H.R.999), enacted 10/10/2000

114 STAT. 870 
PUBLIC LAW 106-284—OCT. 10, 2000 
Public Law 106-284 
106th Congress 
An Act 
Oct. 10, 2000 
To amend the Federal Water Pollution Control Act to improve the quality of coastal 
[H R 999] 
recreation waters, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Beaches 
the United States of America in Congress assembled, 
Environmental 
Assessment and 
SECTION 1. SHORT TITLE. 
2 ^ 0 ^ ' " ' ' ^ 
This Act may be cited as the "Beaches Environmental Assess-
Inter- 
ment and Coastal Health Act of 2000". 
governmental 
relations. 
SEC. 2. ADOPTION OF COASTAL RECREATION WATER QUALITY CRI-
PubUc health and 
TERIA AND STANDARDS BY STATES. 
SfllGtV 
33 use 1251 
Section 303 of the Federal Water Pollution Control Act (33 
™te. 
U.S.C. 1313) is amended by adding at the end the following: 
"(i) COASTAL RECREATION WATER QUALITY CRITERIA.— 
Deadlines. 
"(1) ADOPTION BY STATES.— 
"(A) INITIAL CRITERIA AND STANDARDS.—^Not later than 
42 months after the date of the enactment of this sub-
section, each State having coastal recreation waters shall 
adopt and submit to the Administrator water quality cri-
teria and standards for the coastal recreation waters of 
the State for those pathogens and pathogen indicators for 
which the Administrator has published criteria under sec-
tion 304(a). 
"(B) NEW OR REVISED CRITERIA AND STANDARDS.—Not 
later than 36 months after the date of publication by the 
Administrator of new or revised water quality criteria 
under section 304(a)(9), each State having coastal recre-
ation waters shall adopt and submit to the Administrator 
new or revised water quality standards for the coastal 
recreation waters of the State for all pathogens and 
pathogen indicators to which the new or revised water 
quality criteria are applicable. 
"(2) FAILURE OF STATES TO ADOPT.— 
"(A) IN GENERAL.—If a State fails to adopt water 
quality criteria and standards in accordance with para-
graph (1)(A) that are as protective of human health as 
the criteria for pathogens and pathogen indicators for 
coastal recreation waters published by the Administrator, 
the Administrator shall promptly propose regulations for 
the State setting forth revised or new water quality stsmd-
ards for pathogens and pathogen indicators described in 
paragraph (1)(A) for coastal recreation waters of the State. 
PUBLIC LAW 106-284—OCT. 10, 2000 
114 STAT. 871 
"(B) EXCEPTION.—If the Administrator proposes regula- Publication, 
tions for a State described in subparagraph (A) under sub-
section (c)(4)(B), the Administrator shall publish any 
revised or new standard under this subsection not later 
than 42 months after the date of the enactment of this 
subsection. 
"(3) APPLICABILITY.—^Except as expressly provided by this 
subsection, the requirements and procedures of subsection (c) 
apply to this subsection, including the requirement in sub-
section (c)(2)(A) that the criteria protect public health and 
welfare.". 
SEC. 3. REVISIONS TO WATER QUALITY CRITERIA. 
(a) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL 
RECREATION WATERS.—Section 104 of the Federal Water Pollution 
Control Act (33 U.S.C. 1254) is amended by adding at the end 
the following: 
"(v) STUDIES CONCERNING PATHOGEN INDICATORS IN COASTAL Deadlines. 
RECREATION WATERS.—^Not later than 18 months after the date 
of the enactment of this subsection, after consultation and in 
cooperation with appropriate Federal, State, tribal, and local offi-
cials (including local health officials), the Administrator shall ini-
tiate, and, not later than 3 years after the date of the enactment 
of this subsection, shall complete, in cooperation with the heads 
of other Federal agencies, studies to provide additional information 
for use in developing— 
"(1) an assessment of potential human health risks 
resulting from exposure to pathogens in coastal recreation 
waters, including nongastrointestinal effects; 
"(2) appropriate and effective indicators for improving 
detection in a timely manner in coastal recreation waters of 
the presence of pathogens that are harmful to human health; 
"(3) appropriate, accurate, expeditious, and cost-effective 
methods (including predictive models) for detecting in a timely 
manner in coastal recreation waters the presence of pathogens 
that are harmful to human health; and 
"(4) guidance for State application of the criteria for patho-
gens and pathogen indicators to be published under section 
304(a)(9) to account for the diversity of geographic and aquatic 
conditions.". 
(b) REVISED CRITERIA.—Section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)) is amended by adding 
at the end the following: 
"(9) REVISED CRITERIA FOR COASTAL RECREATION WATERS.— Deadlines. 
"(A) IN GENERAL.—^Not later than 5 years after the Publication, 
date of the enactment of this paragraph, after consultation 
and in cooperation with appropriate Federal, State, tribal, 
and local officials (including local health officials), the 
Administrator shall publish new or revised water quality 
criteria for pathogens and pathogen indicators (including 
a revised list of testing methods, as appropriate), based 
on the results of the studies conducted under section 104(v), 
for the purpose of protecting human health in coastal recre-
ation waters. 
"(B) REVIEWS.—Not later than the date that is 5 years 
after the date of publication of water quality criteria under 
this paragraph, and at least once every 5 years thereafter, 
114 STAT. 872 
PUBLIC LAW 106-284—OCT. 10, 2000 
33 use 1346. 
Deadline. 
Publication. 
the Administrator shall review and, as necessary, revise 
the water quality criteria.", 
SEC. 4. COASTAL RECREATION WATER QUALITY MONITORING AND 
NOTIFICATION. 
Title IV of the Federal Water Pollution Control Act (33 U.S.C. 
1341 et seq.) is amended by adding at the end the following: 
"SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND 
NOTIFICATION. 
"(a) MONITORING AND NOTIFICATION.— 
"(1) IN GENERAL.—^Not later than 18 months after the date 
of the enactment of this section, after consultation and in 
cooperation with appropriate Federal, State, tribal, and local 
officials (including local health officials), and after providing 
public notice and an opportunity for comment, the Adminis-
trator shall publish performance criteria for— 
"(A) monitoring and assessment (including specifying 
available methods for monitoring) of coasted recreation 
waters adjacent to beaches or similar points of access that 
are used by the public for attainment of applicable water 
quality standards for pathogens and pathogen indicators; 
and 
"(B) the prompt notification of the public, local govern-
ments, and the Administrator of any exceeding of or likeli-
hood of exceeding applicable water quality standards for 
coastal recreation waters described in subparagraph (A). 
"(2) LEVEL OF PROTECTION.—^The performance 
criteria 
referred to in paragraph (1) shall provide that the activities 
described in subparagraphs (A) and (B) of that paragraph shall 
be carried out as necessary for the protection of public health 
and safety. 
"(b) PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.— 
"(1) IN GENERAL.—^The Administrator may make grants 
to States and local governments to develop and implement 
programs for monitoring gmd notification for coastal recreation 
waters adjacent to beaches or similar points of access that 
are used by the public. 
"(2) LIMITATIONS.— 
"(A) IN GENERAL.—^The Administrator may award a 
grant to a State or a local government to implement a 
monitoring and notification program if— 
"(i) the program is consistent with the performance 
criteria published by the Administrator under sub-
section (a); 
"(ii) the State or local government prioritizes the 
use of grant funds for particular coastal recreation 
waters based on the use of the water and the risk 
to human health presented by pathogens or pathogen 
indicators; 
"(iii) the State or local government makes available 
to the Administrator the factors used to prioritize the 
use of funds under clause (ii); 
"(iv) the State or local government provides a list 
of discrete areas of coastal recreation waters that are 
subject to the program for monitoring and notification 
for which the grant is provided that specifies any 
coastal recreation waters for which fiscal constraints 
PUBLIC LAW 106-284—OCT. 10, 2000 
114 STAT. 873 
will prevent consistency with the performance criteria 
under subsection (a); and 
"(v) the public is provided an opportunity to review 
the program through a process that provides for public 
notice and an opportunity for comment. 
"(B) GRANTS TO LOCAL GOVERNMENTS.—^The Adminis-
trator may make a grant to a local government under 
this subsection for implementation of a monitoring and 
notification program only if, after the 1-year period begin-
ning on the date of publication of performance criteria 
under subsection (a)(1), the Administrator determines that 
the State is not implementing a program that meets the 
requirements of this subsection, regardless of whether the 
State has received a grant under this subsection. 
"(3) OTHER REQUIREMENTS.— 
"(A) REPORT.—A State recipient of a grant under this 
subsection shall submit to the Administrator, in such for-
mat and at such intervals as the Administrator determines 
to be appropriate, a report that describes— 
"(i) data collected as part of the program for moni-
toring and notification as described in subsection (c); 
and 
"(ii) actions taken to notify the public when water 
quality standards are exceeded. 
"(B) DELEGATION.—^A State recipient of a grant under 
this subsection shall identify each local government to 
which the State has delegated or intends to delegate 
responsibility for implementing a monitoring and notifica-
tion program consistent with the performance criteria pub-
lished under subsection (a) (including any coastal recre-
ation waters for which the authority to implement a moni-
toring and notification program would be subject to the 
delegation). 
"(4) FEDERAL SHARE.— 
"(A) IN GENERAL.—^The Administrator, through grants 
awarded under this section, may pay up to 100 percent 
of the costs of developing and implementing a program 
for monitoring and notification under this subsection. 
"(B) NON-FEDERAL SHARE.—^The non-Federal share of 
the costs of developing and implementing a monitoring 
and notification program may be— 
"(i) in an amount not to exceed 50 percent, as 
determined by the Administrator in consultation with 
State, tribal, and local government representatives; 
and 
"(ii) provided in cash or in kind. 
"(c) CONTENT OF STATE AND LOCAL GOVERNMENT PROGRAMS.— 
As a condition of receipt of a grant under subsection (b), a State 
or local government program for monitoring and notification under 
this section shall identify— 
"(1) lists of coastal recreation waters in the State, including 
coastal recreation waters adjacent to beaches or similar points 
of access that are used by the public; 
"(2) in the case of a State program for monitoring and 
notification, the process by which the State may delegate to 
local governments responsibility for implementing the moni-
toring and notification program; 
114 STAT. 874 
PUBLIC LAW 106-284—OCT. 10, 2000 
"(3) the frequency and location of monitoring and assess-
ment of coastal recreation waters based on— 
"(A) the periods of recreational use of the waters; 
"(B) the nature and extent of use during certain 
periods; 
"(C) the proximity of the waters to known point sources 
and nonpoint sources of pollution; and 
"(D) any effect of storm events on the waters; 
"(4)(A) the methods to be used for detecting levels of patho-
gens and pathogen indicators that are harmful to human 
health; and 
"(B) the assessment procedures for identifying short-term 
increases in pathogens and pathogen indicators that are harm-
ful to human health in coastal recreation waters (including 
increases in relation to storm events); 
"(5) measures for prompt communication of the occurrence, 
nature, location, pollutants involved, and extent of any 
exceeding of, or likelihood of exceeding, applicable water quality 
standards for pathogens and pathogen indicators to— 
"(A) the Administrator, in such form as the Adminis-
trator determines to be appropriate; and 
"(B) a designated official of a local government having 
jurisdiction over land adjoining the coastal recreation 
waters for which the failure to meet applicable standards 
is identified; 
"(6) measures for the posting of signs at beaches or similar 
points of access, or functionally equivalent communication 
measures that are sufficient to give notice to the public that 
the coastal recreation waters are not meeting or are not 
expected to meet applicable water quality standards for patho-
gens and pathogen indicators; and 
"(7) measures that inform the public of the potential risks 
associated with water contact activities in the coastal recreation 
waters that do not meet applicable water quality standards. 
DeadUne. 
"(d) FEDERAL AGENCY PROGRAMS.—^Not later than 3 years after 
the date of the enactment of this section, each Federal agency 
that has jurisdiction over coastal recreation waters adjacent to 
beaches or similar points of access that are used by the public 
shall develop and implement, through a process that provides for 
public notice and an opportunity for comment, a monitoring and 
notification program for the coastal recreation waters that— 
"(1) protects the public health and safety; 
"(2) is consistent with the performance criteria published 
under subsection (a); 
Reports. 
"(3) includes a completed report on the information speci-
fied in subsection (b)(3)(A), to be submitted to the Adminis-
trator; and 
"(4) addresses the matters specified in subsection (c). 
Public 
"(e) DATABASE.—^The Administrator shall establish, maintain, 
information. 
and make available to the public by electronic and other means 
a national coastal recreation water pollution occurrence database 
that provides— 
"(1) the data reported to the Administrator under sub-
sections (b)(3)(A)(i) and (d)(3); and 
"(2) other information concerning pathogens and pathogen 
indicators in coastal recreation waters that— 
PUBLIC LAW 106-284—OCT. 10, 2000 
114 STAT. 875 
"(A) is made available to the Administrator by a State 
or local government, from a coastal water quality moni-
toring program of the State or local government; and 
"(B) the Administrator determines should be included. 
"(f) TECHNICAL ASSISTANCE FOR MONITORING FLOATABLE MATE-
RIAL.—^The Administrator shall provide technical assistance to 
States and local governments for the development of assessment 
and monitoring procedures for floatable material to protect public 
health and safety in coastal recreation waters. 
"(g) LIST OF WATERS.— 
"(1) IN GENERAL.—Beginning not later than 18 months 
after the date of publication of performance criteria under 
subsection (a), based on information made available to the 
Administrator, the Administrator shall identify, and maintain 
a list of, discrete coastal recreation waters adjacent to beaches 
or similar points of access that are used by the public that— 
"(A) specifies any waters described in this paragraph 
that are subject to a monitoring and notification program 
consistent with the performance criteria established under 
subsection (a); and 
"(B) specifies any waters described in this paragraph 
for which there is no monitoring and notification program 
(including waters for which fiscal constraints will prevent 
the State or the Administrator from performing monitoring 
and notification consistent with the performance criteria 
established under subsection (a)). 
"(2) AVAILABILITY.—^The Administrator shall make the list 
described in paragraph (1) available to the public through— 
"(A) publication in the FedergJ Register; and 
"(B) electronic media. 
"(3) UPDATES.—^The Administrator shall update the list 
described in paragraph (1) periodically as new information 
becomes available. 
"(h) EPA IMPLEMENTATION.—^In the case of a State that has 
no program for monitoring and notification that is consistent with 
the performance criteria published under subsection (a) after the 
last day of the 3-year period beginning on the date on which 
the Administrator lists waters in the State under subsection 
(g)(1)(B), the Administrator shall conduct a monitoring and notifica-
tion program for the listed waters based on a priority ranking 
established by the Administrator using funds appropriated for 
grants under subsection (i)— 
"(1) to conduct monitoring and notification; and 
"(2) for related salaries, expenses, and travel, 
"(i) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated for making grants under subsection (b), including 
implementation of monitoring and notification programs by the 
Administrator under subsection (h), $30,000,000 for each of fiscal 
years 2001 through 2005.". 
SEC. 5. DEFINITIONS. 
Section 502 of the Federal Water Pollution Control Act (33 
U.S.C. 1362) is amended by adding at the end the following: 
"(21) COASTAL RECREATION WATERS.— 
"(A) IN GENERAL.—^The term 'coastal recreation waters' 
means— 
"(i) the Great Lakes; and 
Deadline. 
Public 
information. 
Federal Register, 
publication. 
114 STAT. 876 
PUBLIC LAW 106-284—OCT. 10, 2000 
"(ii) marine coastal waters (including coastal estu-
aries) that are designated under section 303(c) by a 
State for use for swimming, bathing, surfing, or similar 
water contact activities. 
"(B) EXCLUSIONS.—The term 'coastal recreation waters' 
does not include— 
"(i) inland waters; or 
"(ii) waters upstream of the mouth of a river or 
stream having an unimpaired natural connection with 
the open sea. 
, ,,0 
"(22) FLOATABLE MATERIAL.— 
' '* 
"(A) IN GENERAL,—The term 'floatable material' means 
any foreign matter that may float or remain suspended 
, 
in the water column. 
"(B) 
INCLUSIONS.—^The 
term 
'floatable 
material' 
includes— 
"(i) plastic; 
' ' • 
"(ii) aluminum cans; 
"(iii) wood products; 
"(iv) bottles; and 
"(v) paper products. 
"(23) PATHOGEN INDICATOR.—^The term 'pathogen indicator' 
means a substance that indicates the potential for human infec-
tious disease.". 
SEC. 6. INDIAN TRIBES. 
Section 518(e) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(e)) is amended by striking "and 404" and inserting 
"404, and 406". 
33 use 1375a. 
SEC. 7. REPORT. 
Deadline. 
(a) IN GENERAL.—^Not later than 4 years after the date of 
the enactment of this Act, and every 4 years theregifter, the 
Administrator of the Environmental Protection Agency shall submit 
to Congress a report that includes— 
(1) recommendations concerning the need for additional 
water quality criteria for pathogens and pathogen indicators 
and other actions that should be taken to improve the quality 
of coastal recreation waters; 
(2) an evaluation of Federal, State, and local efforts to 
implement this Act, including the amendments made by this 
Act; and 
(3) recommendations on improvements to methodologies 
and techniques for monitoring of coastal recreation waters, 
(b) COORDINATION.—^The Administrator of the Environmental 
Protection Agency may coordinate the report under this section 
with other reporting requirements under the Federal Water Pollu-
tion ControlAct (33 U.S.C. 1251 et seq.). 
PUBLIC LAW 106-284—OCT. 10, 2000 
114 STAT. 877 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out the provi-
sions of this Act, including the amendments made by this Act, 
for which amounts are not otherwise specifically authorized to 
be appropriated, such sums as are necessary for each of fiscal 
years 2001 through 2005. 
Approved October 10, 2000. 
LEGISLATIVE HISTORY—H.R. 999 (S. 522): 
HOUSE REPORTS: No. 106-98 (Comm. on Transportation and Infrastructure). 
SENATE REPORTS: No. 106-366 accompanying S. 522 (Comm. on Environment 
and Public Works). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Apr. 22, considered and passed House. 
Vol. 146 (2000): Sept. 21, considered and passed Senate, amended. 
Sept. 26, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Oct. 10, Presidential statement.