[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1198 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1198

To assess and protect the quality of the Nation's lakes, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 1 (legislative day, June 30), 1993

 Mr. Mitchell introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To assess and protect the quality of the Nation's lakes, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lakes Assessment 
and Protection Act of 1993''.
    (b) Table of Contents.--

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Lake water quality research.
Sec. 4. Lake water quality standards.
Sec. 5. Lake water quality program support.
Sec. 6. State revolving loan fund eligibility.
Sec. 7. Demonstration program.
Sec. 8. Nutrient control initiative.
Sec. 9. Agriculture program coordination.
Sec. 10. Clean lakes education.
Sec. 11. Nuisance aquatic vegetation control.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) freshwater lakes throughout the United States are a 
        natural resource of outstanding value and importance, providing 
        vital habitat for fish and wildlife;
            (2) lakes provide a significant percentage of the drinking 
        water supply of the United States, making protection of lake 
        water quality a prudent investment;
            (3) lakes offer a wide range of recreational opportunities, 
        including boating and fishing, and are an especially 
        significant resource for swimming and related body contact 
        recreation;
            (4) lakes are especially vulnerable to water pollution 
        because they trap and store pollutants to a greater degree than 
        other waterbodies;
            (5) the Environmental Protection Agency reports that 25 
        percent of lakes are impaired by pollution and that an 
        additional 20 percent are threatened by pollution;
            (6) many States report that water quality conditions in 
        lakes have deteriorated in recent years, and studies by the 
        Environmental Protection Agency confirm this trend;
            (7) the Environmental Protection Agency reports that the 
        most significant and widespread lake water quality problem is 
        excess nutrients, which promote algal blooms and increase 
        aquatic vegetation;
            (8) excessive nutrients can diminish the recreational and 
        economic values of lakes and lower dissolved oxygen that is 
        needed to support fish and other aquatic life;
            (9) other water pollution problems in lakes include high 
        turbidity and siltation, excessive acidity associated with acid 
        rain, pathogens in sewage discharges, pesticides, organic 
        chemicals, and metals;
            (10) sources of lake water quality problems include 
        discharges of sewage and industrial pollutants, nonpoint 
        sources of pollution associated with urban development and 
        agricultural activities, and natural conditions such as mineral 
        intrusion; and
            (11) efforts in existence on the date of enactment of this 
        Act to protect the quality of lakes and control sources of 
        pollution in lakes are not adequate, and these efforts need to 
        be expanded and strengthened.

SEC. 3. LAKE WATER QUALITY RESEARCH.

    Subsection (h) of section 104 of the Federal Water Pollution 
Control Act (33 U.S.C. 1254(h)) is amended to read as follows:
    ``(h)(1) In carrying out subsection (a), the Administrator shall 
conduct a comprehensive research program concerning the lakes of the 
United States.
    ``(2) The research program provided for in this subsection shall, 
at a minimum--
            ``(A) develop improved methods for the monitoring and 
        assessment of lake conditions and water quality;
            ``(B) improve knowledge of lake processes, including 
        watershed assessments and the recycling of pollutants from 
        sediments to water;
            ``(C) investigate the nature and extent of variation in 
        pollutant effects on lakes as opposed to other aquatic systems, 
        and characterize the degree to which lakes may be especially 
        vulnerable to pollution;
            ``(D) identify and assess methods and practices to control 
        sources of pollution to lakes, including watershed management 
        techniques and practices; and
            ``(E) assess the threat to lake quality posed by aquatic 
        vegetation and develop and demonstrate methods to control 
        excessive vegetation in lakes and prevent the distribution of 
        nuisance aquatic vegetation throughout the United States.
    ``(3) In carrying out this subsection, the Administrator may enter 
into contracts with, or make grants to, public or private agencies and 
organizations.
    ``(4)(A) The Administrator shall appoint an advisory committee to 
be known as the `Lake Research Advisory Committee' (referred to in this 
paragraph as the `Committee') to advise the Administrator on the design 
and implementation of the research program required by this subsection.
    ``(B) The Committee shall be composed of not more than 12 members 
with substantial expertise and experience in lake research. Not more 
than 3 members of the Committee shall be employees of the Federal 
Government. Not fewer than 3 members shall be employees of State 
environmental agencies.
    ``(C) Each Committee member shall serve for a term of 3 years, 
except that the Administrator shall initially appoint 4 members to each 
serve for a term of 4 years and 4 members to each serve for a term of 5 
years. Each member may be reappointed to 1 additional term.''.

SEC. 4. LAKE WATER QUALITY STANDARDS.

    (a) Lake Designations.--Section 314 of the Federal Water Pollution 
Control Act (33 U.S.C. 1324) is amended by adding at the end the 
following new subsection:
    ``(e) Lake Use Designations.--Not later than 2 years after the date 
of enactment of this subsection, each State shall designate the use of 
each publicly owned lake in the State in a manner consistent with the 
following uses:
            ``(1) Public drinking water supply.
            ``(2) Swimming and related body contact recreation.
            ``(3) Resource protection, to ensure the protection and 
        propagation of a balanced, indigenous population of fish and 
        wildlife.''.
    (b) Lake Water Quality Criteria.--Section 304(a) of such Act (33 
U.S.C. 1314(a)) is amended by adding at the end the following new 
paragraphs:
            ``(9) Water quality criteria for parameters.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of this paragraph and periodically 
                thereafter, the Administrator shall publish pursuant to 
                this subsection water quality criteria for water 
                quality parameters, including, at a minimum--
                            ``(i) dissolved oxygen;
                            ``(ii) total phosphorus;
                            ``(iii) nitrogen;
                            ``(iv) chlorophyll a;
                            ``(v) acidity; and
                            ``(vi) transparency.
                    ``(B) Contents.--The criteria documents published 
                pursuant to this paragraph shall address the factors 
                identified in paragraph (1) and shall identify 
                numerical concentrations that, in the judgment of the 
                Administrator, are appropriate to ensure the 
                maintenance and attainment of each use identified in 
                section 314(e).
            ``(10) Lake water quality guidance for contaminants.--Not 
        later than 2 years after the date of enactment of this 
        paragraph, the Administrator shall publish guidance to assist 
        States in the adoption of lake water quality standards for 
        contaminants for which criteria documents have been published 
        pursuant to this subsection. The guidance shall supplement 
        criteria in existence on the date of publication of the 
        guidance to the extent necessary to ensure that States have 
        adequate information to support the adoption of numerical lake 
        water quality standards for each pollutant that will ensure the 
        attainment and maintenance of designated uses identified 
        pursuant to section 314(e).
            ``(11) Numerical lake water quality standards.--Beginning 
        on the date of enactment of this paragraph, any criteria 
        document published pursuant to this subsection shall include 
        such information as the Administrator determines is appropriate 
        to assist States in the adoption of numerical lake water 
        quality standards for each pollutant that will ensure the 
        attainment and maintenance of the designated uses identified 
        pursuant to section 314(e).''.
    (c) Lake Water Quality Standards.--Section 303 of such Act (33 
U.S.C. 1313) is amended by adding at the end the following new 
subsection:
    ``(i)(1)(A) Not later than 2 years after the date of publication of 
lake water quality criteria pursuant to paragraphs (9) and (11) of 
section 304(a) or publication of lake water quality guidance pursuant 
to section 304(a)(10), each State shall establish for each publicly 
owned lake in the State numerical standards for such water quality 
parameters as will ensure the attainment and maintenance of designated 
uses identified pursuant to section 314(e).
    ``(B) With respect to a State, the Administrator may waive the 
requirement to adopt a numerical standard for a parameter listed 
pursuant to section 304(a)(9) based on a demonstration by the State 
that there is no impairment to lake water quality associated with the 
parameter in the State.
    ``(2) If a State fails to adopt lake water quality standards 
pursuant to paragraph (1), the Administrator shall, not later than the 
end of the 2-year period described in such paragraph, establish 
standards for publicly owned lakes in the State that will ensure the 
attainment and maintenance of designated uses established by the State 
or, if a State has not designated lake uses, the uses that the 
Administrator, in consultation with the State, determines to be 
appropriate.''.

SEC. 5. LAKE WATER QUALITY PROGRAM SUPPORT.

    (a) Conforming Amendments.--Section 314(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1324(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraphs (B) through (D); and
                    (B) by redesignating subparagraphs (E) and (F) as 
                subparagraphs (B) and (C), respectively; and
            (2) in paragraph (3), by striking all after ``United 
        States,'' and inserting a period.
    (b) Clean Lakes Program Support.--Subsection (b) of section 314 of 
such Act (33 U.S.C. 1324(b)) is amended to read as follows:
    ``(b) State Clean Lakes Program.--
            ``(1) In general.--A State may submit to the Administrator 
        an application for a grant, and the Administrator may make a 
        grant, to--
                    ``(A) conduct a project to protect the quality of 
                lakes throughout the State;
                    ``(B) develop a plan for the control of pollution 
                to a specific lake or group of lakes in the State; or
                    ``(C) implement a plan developed pursuant to 
                subparagraph (B).
            ``(2) Lake quality protection projects.--The Administrator 
        may make a grant pursuant to paragraph (1)(A) if the grant is 
        for a statewide project--
                    ``(A) to improve public information and education 
                concerning lake protection;
                    ``(B) to develop State or local requirements 
                concerning lake protection, including lake quality 
                standards;
                    ``(C) to develop lake assessment and monitoring 
                information; or
                    ``(D) to carry out a combination of the activities 
                described in subparagraphs (A) through (C).
            ``(3) Pollution control plans.--The Administrator may make 
        a grant pursuant to paragraph (1)(B) if the grant is for--
                    ``(A) the development of a lake protection plan 
                (including an assessment of lake conditions);
                    ``(B) the identification of pollution sources;
                    ``(C) the development of a plan or program for 
                pollution control; or
                    ``(D) carrying out a combination of the activities 
                described in subparagraphs (A) through (C).
            ``(4) Cost share.--Each grant made pursuant to subparagraph 
        (A) or (B) of paragraph (1) shall be made on the condition that 
        25 percent of the cost of the project that is the subject of 
        the grant is provided from non-Federal sources. Each grant made 
        pursuant to subparagraph (C) shall be made on the condition 
        that 50 percent of the cost of the project that is the subject 
        of the grant is provided from non-Federal sources and that the 
        non-Federal contribution may be assessed beginning on the date 
        of submittal of the application to the Administrator.
            ``(5) Prioritization of proposals.--
                    ``(A) Lake quality protection projects.--In 
                awarding grants pursuant to paragraph (1)(A), the 
                Administrator shall give priority to proposals with the 
                greatest potential to improve or protect lake water 
                quality and to proposals that will support the 
                development of long-term sustained lake protection 
                programs in a State.
                    ``(B) Pollution control plans.--In awarding grants 
                pursuant to paragraph (1)(B), the Administrator shall 
                give priority to--
                            ``(i) projects concerning lakes that are 
                        listed pursuant to paragraph (a)(1)(B);
                            ``(ii) projects concerning lakes that are a 
                        source of public water supply; and
                            ``(iii) projects that will develop an 
                        innovative pollution control method or practice 
                        with potential application to other lakes.
                    ``(C) Plan implementation.--Grants made pursuant to 
                paragraph (1)(C) shall be limited to projects 
                concerning lakes for which a control program has been 
                developed pursuant to subparagraph (B).
            ``(6) Eligibility requirement.--A State that has not 
        complied with the requirements of subsection (a) for the most 
        recent report period or section 303(i) shall not be eligible 
        for grants made pursuant to this subsection.''.
    (c) Authorization of Appropriations.--Section 314(c) of such Act 
(33 U.S.C. 1324(c)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (1);
            (3) in paragraph (1) (as so redesignated)--
                    (A) in the first sentence--
                            (i) by striking ``and'' after ``1985,'';
                            (ii) by inserting after ``1990'' the 
                        following: ``, and $50,000,000 for each of 
                        fiscal years 1991 through 2000,''; and
                            (iii) by striking ``subsection (b) of''; 
                        and
                    (B) by striking the last sentence; and
            (4) by adding at the end the following new paragraph:
    ``(2) For each of fiscal years 1991 through 2000, of the sums 
appropriated pursuant to this section, not more than 25 percent shall 
be reserved for grants made pursuant to subsection (b)(1) and 
demonstration projects conducted pursuant to subsection (d).''.

SEC. 6. STATE REVOLVING LOAN FUND ELIGIBILITY.

    (a) Eligibility.--
            (1) General authority for grants to states.--Section 601(a) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1381(a)) 
        is amended--
                    (A) by striking ``and'' after ``section 319,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and (4) for the implementation of lake 
                protection programs and projects developed pursuant to 
                section 314(b)''.
            (2) Water pollution control revolving loan funds.--The 
        first sentence of section 603(c) of such Act (33 U.S.C. 
        1383(c)) is amended--
                    (A) by striking ``and'' after ``section 319 of this 
                Act,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and (4) for the implementation of lake 
                protection programs and projects developed pursuant to 
                section 314(b)''.
    (b) Conforming Amendment.--Section 606(c)(1) of such Act (33 U.S.C. 
1386(c)(1)) is amended by striking ``319'' and inserting ``314, 319,''.

SEC. 7. DEMONSTRATION PROGRAM.

    (a) Program Revisions.--Section 314(d)(1) of the Federal Water 
Pollution Control Act (33 U.S.C. 1324(d)(1)) is amended--
            (1) in subparagraph (C), by adding ``and'' at the end;
            (2) in subparagraph (D), by striking the semicolon at the 
        end and inserting a period; and
            (3) by striking subparagraphs (E) through (G).
    (b) Demonstration Projects.--Section 314(d)(2) of such Act (33 
U.S.C. 1324(d)(2)) is amended by inserting after ``Sauk Lake, 
Minnesota;'' the following: ``China Lake, Maine; Sebago Lake, Maine;''.
    (c) Authorization of Appropriations.--Section 314(d) of such Act 
(33 U.S.C. 1324(d)) is amended by striking paragraph (4).

SEC. 8. NUTRIENT CONTROL INITIATIVE.

    (a) In General.--Title V of the Federal Water Pollution Control Act 
(33 U.S.C. 1361 et seq.) is amended--
            (1) by redesignating section 519 as section 520; and
            (2) by adding after section 518 the following new section:

``SEC. 519. NUTRIENT CONTROL INITIATIVE.

    ``(a) In General.--Not later than 2 years after the date of 
enactment of this subsection, the Administrator shall issue regulations 
prohibiting the distribution for sale within the United States of 
household laundry detergents that contain more than 0.5 percent 
phosphorus by weight expressed as elemental phosphorus.
    ``(b) Requirements.--The regulations issued pursuant to this 
section shall, at a minimum--
            ``(1) establish a schedule for the phase-out of phosphorus 
        from household laundry detergents that is as expeditious as 
        practicable, and that requires, at a minimum, compliance with 
        the prohibition specified in subsection (a) not later than 5 
        years after the date of enactment of this subsection;
            ``(2) establish limits on the levels of chemical 
        constituents in household laundry detergents that are adequate 
        to ensure that the levels of any of the constituents 
        substituted for phosphorus are not expected to prevent the 
        attainment or maintenance of water quality standards;
            ``(3) allow for the sale and use of household laundry 
        detergent products manufactured prior to the date of enactment 
        of this subsection; and
            ``(4) define the term `household laundry detergent'.
    ``(c) Report to Congress.--Not later than 3 years after the date of 
enactment of this subsection, the Administrator shall submit to 
Congress a report on the status of the implementation of this 
section.''.
    (b) Civil Penalty.--Section 309(a)(3) of such Act (33 U.S.C. 
1319(a)(3)) is amended by striking ``or 405'' and inserting ``405, or 
519''.

SEC. 9. AGRICULTURE PROGRAM COORDINATION.

    (a) In General.--The Administrator of the Environmental Protection 
Agency and the Secretary of Agriculture shall work cooperatively to 
ensure the coordination of agriculture programs and lake protection 
programs.
    (b) Agricultural Conservation Program.--
            (1) Prevention of soil erosion.--The first sentence of 
        section 7(a) of the Soil Conservation and Domestic Allotment 
        Act (16 U.S.C. 590g(a)) is amended by inserting before the 
        period at the end the following: ``, giving priority 
        consideration to watersheds of lakes identified as impaired 
        pursuant to section 314(a)(1)(B) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1324(a)(1)(B))''.
            (2) Considerations for financial assistance.--The fourth 
        undesignated paragraph of section 8(b) of such Act (16 U.S.C. 
        590h(b)) is amended by inserting before the comma at the end of 
        subparagraph (D) the following: ``, giving priority 
        consideration to watersheds of lakes identified as impaired 
        pursuant to section 314(a)(1)(B) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1324(a)(1)(B)''.
    (c) Agricultural Water Quality Incentives Program.--Section 
1238C(a) of the Food Security Act of 1985 (16 U.S.C. 3838c(a)) is 
amended--
            (1) in paragraph (7), by striking ``or'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(9) areas of the watershed of a lake identified as 
        impaired pursuant to section 314(a)(1)(B) of the Federal Water 
        Pollution Control Act (33 U.S.C. 1324(a)(1)(B).''.
    (d) Environmental Easement Program.--Section 1239(b)(1) of such Act 
(16 U.S.C. 3839(b)(1)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) is located within the watershed of a lake 
                identified as impaired pursuant to section 314(a)(1)(B) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1324(a)(1)(B).''.
    (e) Conservation Reserve Program.--Section 1231(f)(1) of such Act 
(16 U.S.C. 3831(f)(1)) is amended by adding at the end the following 
new sentence: ``The Secretary shall designate watershed areas of lakes 
identified as impaired pursuant to section 314(a)(1)(B) of the Federal 
Water Pollution Control Act (33 U.S.C. 1324(a)(1)(B)) as conservation 
priority areas.''.

SEC. 10. CLEAN LAKES EDUCATION.

    Section 314 of the Federal Water Pollution Control Act (33 U.S.C. 
1324) (as amended by section 4(a)) is further amended by adding at the 
end the following new subsection:
    ``(f) Clean Lakes Education.--
            ``(1) In general.--The Administrator shall develop and 
        implement a national program to educate the public concerning 
        lake quality and lake pollution problems and to foster public 
        involvement in lake assessment and protection programs.
            ``(2) Lake watch program.--
                    ``(A) Establishment.--Not later than 18 months 
                after the date of enactment of this subsection, the 
                Administrator shall, by regulation, establish a 
                program, to be known as the `Lake Watch Program' 
                (referred to in this paragraph as the `Program'), to 
                encourage nonprofit citizens groups to engage in lake 
                assessment and protection activities.
                    ``(B) Contents of regulations.--The regulations 
                issued pursuant to subparagraph (A) shall establish--
                            ``(i) a process for identifying citizens 
                        groups interested in participating in the 
                        Program;
                            ``(ii) a national registry of--
                                    ``(I) citizens groups participating 
                                in the Program; and
                                    ``(II) lakes with respect to which 
                                the groups engage in assessment and 
                                protection activities; and
                            ``(iii) minimum conditions to be met by a 
                        citizens group that participates in the 
                        Program, including--
                                    ``(I) minimum monitoring of lake 
                                quality;
                                    ``(II) periodic reports of lake 
                                protection activities;
                                    ``(III) the identification of the 
                                watershed area of each lake with 
                                respect to which the group engages in 
                                assessment and protection activities; 
                                and
                                    ``(IV) periodic renewal of 
                                participation.
                    ``(C) Informational publication.--The Administrator 
                shall publish periodically an informational publication 
                on lake assessment and protection for citizens groups 
                participating in the Program.
                    ``(D) Lake watch award.--The Administrator shall 
                provide an annual award, to be known as the `Lake Watch 
                Award', to 1 citizens group participating in the 
                Program in each State, that has demonstrated an 
                outstanding commitment to lake assessment and 
                protection.
                    ``(E) Program coordination.--
                            ``(i) In general.--The Administrator shall 
                        inform each citizens group participating in the 
                        Program of pollution control activities within 
                        the watershed area of each lake with respect to 
                        which the group engages in assessment and 
                        protection activities, including--
                                    ``(I) the award of grant assistance 
                                pursuant to this section;
                                    ``(II) the initiation of an 
                                enforcement action pursuant to section 
                                309;
                                    ``(III) the award of an incentive 
                                or demonstration grant pursuant to 
                                section 319;
                                    ``(IV) the issuance of a permit 
                                pursuant to section 402; and
                                    ``(V) the award of a loan or other 
                                assistance pursuant to title VI.
                            ``(ii) Delegation of authority.--The 
                        Administrator may delegate the authority to 
                        carry out this subparagraph to a State.
            ``(3) Lake protection handbook.--Not later than 2 years 
        after the date of enactment of this subsection, and 
        periodically thereafter, the Administrator shall publish a lake 
        assessment and protection handbook that provides information on 
        appropriate methods for lake quality monitoring, biological 
        assessment of lake conditions, and related information 
        concerning lake management and protection.''.

SEC. 11. NUISANCE AQUATIC VEGETATION CONTROL.

    (a) Control Program.--Subtitle C of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is 
amended by adding at the end the following new section:

``SEC. 1210. EURASIAN MILFOIL CONTROL.

    ``(a) In General.--In coordination with regional, State, and local 
entities, the Task Force shall undertake a comprehensive, 
environmentally sound program to prevent the dissemination of Eurasian 
Milfoil (Myriophyllum spicatum), including--
            ``(1) research and development concerning the species, 
        including environmental tolerances and impacts on water 
        quality, fisheries, and other ecosystem components;
            ``(2) the identification and assessment of mechanisms and 
        means of limiting the dissemination of the species to areas not 
        infested as of the date of enactment of this section;
            ``(3) the development of plans and implementation of 
        programs to prevent dissemination of the species; and
            ``(4) the provision of technical assistance to regional, 
        State, and local entities to carry out this section.
    ``(b) Report.--Not later than 2 years after the date of enactment 
of this section, the Task Force shall submit to Congress a report that 
describes the implementation of this section and makes recommendations 
regarding additional authorities or support necessary for the control 
of the dissemination of Eurasian Milfoil.''.
    (b) Injurious Species.--Section 42(a)(1) of title 18, United States 
Code, is amended by inserting ``of the Eurasian Milfoil of the species 
Myriophyllum spicatum;'' before ``of the zebra mussel''.
    (c) Authorization of Appropriations.--Section 1301(b) of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 
U.S.C. 4741(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(8) $1,000,000 to carry out section 1210.''.

                                 <all>

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