[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 815 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 815

  To amend the Federal Water Pollution Control Act to provide special 
 funding to States for implementation of national estuary conservation 
             and management plans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 22 (legislative day, April 19), 1993

 Mr. Lieberman (for himself, Mr. Dodd, Mr. Moynihan, and Mr. D'Amato) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Water Pollution Control Act to provide special 
 funding to States for implementation of national estuary conservation 
             and management plans, 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.

    This Act may be cited as the ``Water Pollution Control and Estuary 
Restoration Financing Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the estuaries of the United States are a vital natural 
        resource to which many regional economies are closely tied;
            (2) many of the estuaries of the United States are under a 
        severe threat from point source pollution and polluted run-off 
        (nonpoint source pollution) and from habitat alteration and 
        destruction;
            (3) only through expanded investments in waste water 
        treatment and other water and sediment pollution control and 
        prevention efforts can the environmental and economic values of 
        the estuaries of the United States be restored and protected;
            (4) the national estuary program created under section 320 
        of the Federal Water Pollution Control Act (33 U.S.C. 1330) has 
        significantly advanced the understanding of the declining 
        condition of the estuaries of the United States;
            (5) the national estuary program has also provided precise 
        information about the corrective and preventative measures 
        required to reverse the degradation of water and sediment 
        quality and to halt the alteration and destruction of vital 
        habitat in the estuaries of the United States;
            (6) the level of funding available to States, 
        municipalities, and the Environmental Protection Agency for 
        implementation of approved conservation and management plans is 
        inadequate, and additional financial resources must be 
        provided;
            (7) funding for implementation of approved conservation and 
        management plans should be provided under the State revolving 
        loan fund authorized in title VI of the Federal Water Pollution 
        Control Act (33 U.S.C. 1381 et seq.); and
            (8) authorization levels for State revolving loan fund 
        capitalization grants should be increased by an amount 
        necessary to ensure the achievement of the goals of the Federal 
        Water Pollution Control Act.
    (b) Purposes.--The purposes of this Act are--
            (1) to expand and strengthen efforts to combat the serious 
        and growing water and sediment quality problems in estuaries of 
        national significance identified under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.);
            (2) to provide significant levels of Federal assistance to 
        States and municipalities seeking to implement comprehensive 
        conservation and management plans for those estuaries;
            (3) to reauthorize section 320 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1330) in order to improve the 
        development and implementation of comprehensive conservation 
        and management plans for those estuaries; and
            (4) to extend and increase Federal support for the State 
        water pollution control revolving fund program in order to 
        address various water and sediment quality problems in the 
        waters of the United States.

SEC. 3. EXTENSION OF WATER POLLUTION CONTROL REVOLVING LOAN FUND 
              PROGRAM.

    (a) Allotment Formula.--Section 604(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1384(a)) is amended--
            (1) by striking ``Sums authorized'' and inserting ``Except 
        as provided in section 608, sums authorized''; and
            (2) by striking ``and 1990'' and inserting ``through 
        1999''.
    (b) Funding.--Section 607 of such Act (33 U.S.C. 1387) is amended 
by striking ``the following sums:'' and all that follows through the 
end of the section and inserting the following: ``$4,000,000,000 for 
each of fiscal years 1994 and 1995, and $5,000,000,000 for each of 
fiscal years 1996 through 2000.''.

SEC. 4. FUNDING FOR IMPLEMENTATION OF ESTUARY CONSERVATION AND 
              MANAGEMENT PLANS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following new section:

``SEC. 608. CAPITALIZATION GRANTS TO STATES FOR IMPLEMENTING ESTUARY 
              CONSERVATION AND MANAGEMENT PLANS.

    ``(a) Set-Aside for Implementing Approved Plans.--
            ``(1) Set-aside.--
                    ``(A) In general.--Of amounts appropriated under 
                the authority of section 607 for each fiscal year, the 
                applicable percentage under subparagraph (B) shall be 
                used by the Administrator to make capitalization grants 
                under this title to qualified States.
                    ``(B) Percentage.--For purposes of subsection (A), 
                the applicable percentage is--
                            ``(i) 2.5 percent for fiscal year 1994;
                            ``(ii) 5 percent for fiscal year 1995;
                            ``(iii) 7.5 percent for fiscal year 1996;
                            ``(iv) 10 percent for fiscal year 1997;
                            ``(v) 12.5 percent for fiscal year 1998;
                            ``(vi) 15 percent for fiscal year 1999; and
                            ``(vii) 15 percent for fiscal year 2000.
            ``(2) Allocation.--Of the amounts required under paragraph 
        (1) to be used for grants to qualified States for a fiscal 
        year, the Administrator shall allocate to each qualified State 
        an amount equal to--
                    ``(A) the total of the amounts required under 
                paragraph (1) to be used for the grants for the fiscal 
                year; multiplied by
                    ``(B) the percentage specified by the Administrator 
                for the fiscal year for the State under paragraph 
                (3)(B).
            ``(3) Determination of state needs.--Not later than 120 
        days after the date on which all qualified States have 
        submitted under paragraph (4)(A) estimates of the needs of the 
        States for financial assistance for a fiscal year, the 
        Administrator shall--
                    ``(A) determine the needs of each qualified State 
                for financing implementation of approved estuary plans 
                in the fiscal year, based on the State estimates; and
                    ``(B) submit to Congress a report describing the 
                needs for all qualified States, including specifying 
                for each qualified State a percentage for purposes of 
                paragraph (2)(B) representing the needs of the 
                qualified State relative to the needs of all qualified 
                States.
            ``(4) State estimate of needs.--
                    ``(A) Submission.--Not later than July 1 of each 
                year, each qualified State shall submit to the 
                Administrator an estimate of the needs of the State for 
                financial assistance for implementing, monitoring, and 
                enforcing approved estuary plans in the next fiscal 
                year. The estimates may be included in the intended use 
                plan of a qualified State under section 606(c), and 
                shall maximize economical planning, design, and 
                construction.
                    ``(B) Consultation.--In preparing an estimate of 
                needs under this paragraph, a qualified State shall 
                consult with each management conference that is 
                implementing an approved estuary plan under section 320 
                and of which the State is a member.
                    ``(C) Approval required.--A qualified State may not 
                submit an estimate of need under this paragraph unless 
                the estimate is approved by each management conference 
                under section 320 that is implementing an approved 
                estuary plan and of which the State is a member.
            ``(5) Failure to submit estimate.--A qualified State that 
        does not submit an estimate for a fiscal year in accordance 
        with paragraph (4) shall not be eligible for any allocation 
        under paragraph (2) for that fiscal year.
    ``(b) Separate Account.--
            ``(1) Establishment of account.--A qualified State shall 
        establish a separate account in the water pollution control 
        revolving fund established by the State under this title, which 
        shall be known as an `Estuary Account'. Amounts of grants to a 
        qualified State under subsection (a) shall be deposited into 
        the Estuary Account established by the State.
            ``(2) Use.--A qualified State may use amounts in its 
        Estuary Account of the State only for providing assistance for 
        the purpose of implementing approved estuary plans that apply 
        to the State.
    ``(c) Types of Assistance.--
            ``(1) In general.--Except as otherwise provided by State 
        law and subject to paragraph (2), amounts in the Estuary 
        Account of a qualified State may be used only for providing the 
        types of assistance described in section 603(d).
            ``(2) Special rules.--
                    ``(A) Extended amortization period.--
                Notwithstanding section 603(d)(1)(A), a loan made by a 
                qualified State with amounts in the Estuary Account of 
                the State may be for a term of not to exceed 40 years 
                or the useful life of any facility constructed with the 
                loan, whichever is less, if the borrower demonstrates 
                to the State that the borrower is experiencing 
                financial hardship.
                    ``(B) Principal subsidies.--In addition to the 
                types of assistance authorized by section 603(d), a 
                qualified State may use amounts of interest earned on 
                amounts in the Estuary Account of the State to 
                subsidize up to 90 percent of the principal portion of 
                the amount of debt service of an entity referred to in 
                section 603(c)(1) that, notwithstanding the 
                availability of interest free loans under section 
                603(d)(1)(A) and extended amortization under paragraph 
                (1), the State determines is financially unable to 
                carry out a project that is necessary for the 
                implementation of an approved estuary plan.
    ``(d) State Matching Funds.--A qualified State shall deposit into 
the Estuary Account of the State an amount from State funds equal to at 
least 20 percent of amounts deposited into the account in the form of 
capitalization grants to the State under this section.
    ``(e) Definitions.--In this section:
            ``(1) Approved estuary plan.--The term `approved estuary 
        plan' means a comprehensive conservation and management plan 
        approved by the Administrator under section 320(h).
            ``(2) Estuary account.--The term `Estuary Account' means a 
        separate account established by a qualified State under 
        subsection (b) in its water pollution control revolving fund of 
        the State.
            ``(3) Qualified state.--The term `qualified State' means a 
        State that--
                    ``(A) is subject to an approved estuary plan;
                    ``(B) has established an estuary account in 
                accordance with subsection (b); and
                    ``(C) has fulfilled the responsibilities of the 
                State under section 320 with respect to each management 
                conference under such section of which the State is a 
                member.''.

SEC. 5. DISCRETIONARY GRANTS FOR IMPLEMENTATION OF ESTUARY CONSERVATION 
              AND MANAGEMENT PLANS.

    (a) In General.--Section 320 of the Federal Water Pollution Control 
Act (33 U.S.C. 1330) is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Grants for Implementation of Conservation and Management 
Plans.--
            ``(1) In general.--The Administrator shall make grants to 
        State, interstate, and regional water pollution control 
        agencies and entities, State coastal zone management agencies, 
        interstate agencies, other public or nonprofit agencies, 
        institutions, organizations, Indian tribes, and individuals for 
        implementation of conservation and management plans approved 
        under this section.
            ``(2)  Purposes.--Grants under this subsection shall be 
        made to assist in the aspects of implementation of the plans 
        that involve innovative technology, research and development, 
        education, pollution prevention, comprehensive land use 
        planning, and other activities not generally funded by the 
        State under this title.
            ``(3) Federal share.--The amount of grants to any person 
        (including a State, interstate, or regional agency or entity) 
        under this subsection for a fiscal year shall not exceed 75 
        percent of the cost of implementation of the plans.
            ``(4) Authorization of appropriations.--There is authorized 
        to be appropriated to the Environmental Protection Agency to 
        carry out this subsection not to exceed $50,000,000 per fiscal 
        year for each of fiscal years 1994 through 2000.''.
    (b) Funding for Interim Actions.--Section 320(g)(2) of such Act (33 
U.S.C. 1330(g)(2)) is amended by inserting before the period the 
following: ``, and for appropriate interim actions that are adopted by 
the management conference and approved in accordance with subsection 
(h) to protect the water and sediment quality of the estuary that is 
the subject of such a plan''.
    (c) Grant Reporting.--Section 320(h) of such Act (33 U.S.C. 
1330(h)) is amended by striking ``subsection (g)'' and inserting 
``subsection (i) and that receives a grant under subsection (k)''.
    (d) Conforming Amendment.--Section 320(g) of such Act (33 U.S.C. 
1330(g)) is amended by inserting ``Development'' before ``Grants.--''.

SEC. 6. EXTENSION OF CONSERVATION AND MANAGEMENT PLAN DEVELOPMENT GRANT 
              PROGRAM.

    Section 320(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1330(i)) is amended--
            (1) by inserting ``and $28,000,000 per fiscal year for each 
        of fiscal years 1992 through 2000'' after ``and 1991''; and
            (2) by inserting ``for fiscal years 1987 through 1991, and 
        $8,000,000 per fiscal year of the sums authorized to be 
        appropriated under this subsection for fiscal years 1992 
        through 2000,'' before ``to the Administrator of the 
        National''.

SEC. 7. NATIONAL ESTUARY PROGRAM IMPROVEMENT.

    (a) Management Plans.--Section 320(b) of the Federal Water 
Pollution Control Act (33 U.S.C. 1330(b)) is amended--
            (1) by striking the matter preceding paragraph (1) and 
        inserting the following:
    ``(b) Purposes of Conference.--The purpose of any management 
conference convened with respect to an estuary under this section shall 
be to ensure, through a comprehensive planning process, full 
coordination, and full implementation of the requirements of sections 
303, 304(l), 305(b), 319, 402 and 404 and the Coastal Zone Management 
Act of 1972 (42 U.S.C. 1451 et seq.), and to identify, plan, and ensure 
implementation of additional measures necessary to achieve compliance 
with water quality standards and to protect existing and designated 
uses of coastal waters. To achieve these purposes a management 
conference shall--'';
            (2) by redesignating paragraphs (1), (2), (3), (4), (5), 
        (6), and (7) in order as paragraphs (2), (3), (4), (6), (8), 
        (10), and (11), respectively;
            (3) by inserting before paragraph (2), as so redesignated, 
        the following new paragraph:
            ``(1) conduct within one year after the convening of the 
        conference a literature survey to identify existing information 
        on the environmental health of the estuary;'';
            (4) by inserting after paragraph (4), as so redesignated, 
        the following:
            ``(5) identify within 3 years after the convening of the 
        conference the major environmental problems and priorities that 
        the comprehensive conservation and management plan will 
        address;'';
            (5) in paragraph (6), as so redesignated, by inserting 
        after ``plan'' the following: ``, within 5 years after the date 
        on which the management conference is convened and in 
        accordance with the applicable guidance document published 
        under subsection (e),'';
            (6) in paragraph (6), as so redesignated, by inserting 
        ``(including policies enforceable under State law)'' after 
        ``actions'';
            (7) by inserting after paragraph (6), as so redesignated, 
        the following:
            ``(7) submit to the Administrator in the first year 
        following the convening of the conference, an initial 5-year 
        budget for the development of the conservation and management 
        plan, and revise the budget on an annual basis;'';
            (8) by inserting after paragraph (8), as so redesignated, 
        the following new paragraph:
            ``(9) conduct an analysis, within 3 years after the 
        convening of the conference, of any changes to State statutory 
        authority that will be required to implement the conservation 
        and management plan, and update the analysis on an annual basis 
        thereafter;'';
            (9) in paragraph (10), as so redesignated, by striking 
        ``and'' after the semicolon;
            (10) in paragraph (11), as so redesignated, by striking the 
        period and inserting a semicolon;
            (11) by inserting after paragraph (11), as so redesignated, 
        the following new paragraph:
            ``(12) identify all Federal activities (including 
        development projects, financial assistance programs, and 
        licensing and permitting activities) that may affect the 
        requirements and objectives of the conservation and management 
        plan developed under this section, and ensure the coordinated 
        implementation of the plan with respect to the activities;
            ``(13) identify all pollutants and water bodies for which 
        development of maximum daily loads are necessary pursuant to 
        section 303, and establish a schedule whereby all the total 
        maximum daily loads and wasteload and load allocations shall be 
        completed within 5 years of approval of a conservation and 
        management plan pursuant to this section;
            ``(14) ensure that all permits issued under section 402 are 
        current for significant dischargers within an estuary subject 
        to a conservation and management plan, and that, if multiple 
        dischargers affect a single segment of the estuary, the 
        dischargers are placed on simultaneous permit issuance 
        schedules to allow for efficient wasteload allocation;
            ``(15) ensure that if an estuary subject to a conservation 
        and management plan is affected by combined sewer overflows, 
        development and implementation of a combined sewer overflow 
        abatement plan is included in the conservation and management 
        plan; and
            ``(16) identify portions of the conservation and management 
        plan developed under this section that should be included in a 
        State coastal zone management program approved under section 
        306(c) of the Coastal Zone Management Act of 1972 (16 U.S.C. 
        1455(c)) and make appropriate recommendations to the Governor 
        and the Under Secretary for the inclusion.''; and
            (12) in the matter following paragraph (16) (as added by 
        paragraph (11)) by striking ``paragraph (7)'' and inserting 
        ``paragraph (11)''.
    (b) Fisheries and Wildlife.--
            (1) Members of conference.--Section 320(c) of such Act (33 
        U.S.C. 1330(c)) is amended--
                    (A) in paragraph (3), by inserting after ``Federal 
                agency,'' the following: ``including those Federal 
                agencies with responsibility for conserving and 
                protecting living resources including fish, shellfish, 
                and wildlife,''; and
                    (B) in paragraph (5), by inserting ``including the 
                agricultural industry,'' after ``industries,''.
            (2) Research.--Section 320(j)(2) of such Act (33 U.S.C. 
        1330(j)(2)) is amended by inserting ``and the Director of the 
        United States Fish and Wildlife Service'' after 
        ``Administration''.
    (c) Participation of Municipalities.--Section 320(c)(4) of such Act 
(33 U.S.C. 1330(c)(4)) is amended by striking ``local governments'' and 
inserting ``municipalities''.
    (d) Participation of Environmental Organizations.--Section 
320(c)(5) of such Act (33 U.S.C. 1330(c)(5)) is amended by inserting 
``, including environmental organizations'' after ``the general 
public''.
    (e) Duties of Members of Conference.--Section 320 of such Act (33 
U.S.C. 1330) is amended--
            (1) by redesignating subsection (d), (e), (f), (g), (h), 
        (i), (j), (k), and (l) as subsection (f), (g), (h), (i), (j), 
        (k), (l), (m), and (n), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Duties of Members.--
            ``(1) Administrator.--
                    ``(A) In general.--The Administrator shall provide 
                necessary levels of funding and staff resources to 
                carry out the functions of the Administrator related to 
                the development, approval, implementation, and 
                monitoring of a conservation and management plan under 
                this section and of approved interim measures.
                    ``(B) Analysis of federal needs.--Not later than 
                120 days after the date of the enactment of this 
                subsection, the Comptroller General of the United 
                States shall submit to Congress and to the 
                Administrator an analysis of the needs of the 
                Environmental Protection Agency for additional 
                personnel and administrative resources necessary to 
                fully carry out the duties of the Environmental 
                Protection Agency under this section. The analysis 
                shall include recommendations regarding necessary 
                additional authorizations and appropriations.
                    ``(C) Policy and technical liaison.--The 
                Administrator or the designee of the Administrator 
                shall, among other functions performed with respect to 
                management conferences, serve as policy and technical 
                liaison for all participants in management conferences.
            ``(2) Under secretary.--The Under Secretary of Commerce for 
        Oceans and Atmosphere shall provide the necessary levels of 
        funding and staff resources to carry out the functions of the 
        Under Secretary under this section, and shall coordinate the 
        activities of the Under Secretary with each management 
        conference convened under this section.
    ``(e) Guidance Document.--
            ``(1) In general.--Not later than 9 months after the date 
        of the enactment of this subsection, the Administrator shall 
        issue a guidance document that establishes requirements for--
                    ``(A) management conferences to follow in 
                developing, approving, implementing, and monitoring 
                conservation and management plans; and
                    ``(B) approving and implementing interim actions to 
                protect the water quality of the estuary for which a 
                conservation and management plan is developed.
            ``(2) Publication of proposed document.--The Administrator 
        shall publish a proposed guidance document under this 
        subsection by not later than 6 months after the date of the 
        enactment of this subsection.''.
    (f) Management Conferences.--Subsection (g) of section 320 of such 
Act, as redesignated by subsection (e)(1), is amended to read as 
follows:
    ``(g) Period of Conference.--A management conference convened under 
this section shall be convened for a period of at least 5 years. On 
approval of a plan under subsection (h), the Administrator shall, for 
purposes of implementing the plan, extend a conference for an 
additional 5 years if the affected Governor or Governors concur in the 
extension and the extension is necessary to meet the requirements of 
this section and section 608.''.
    (g) Approval and Implementation of Conservation and Management 
Plans; Public Review and Comment.--Subsection (h) of section 320 of 
such Act, as redesignated by subsection (e)(1), is amended to read as 
follows:
    ``(h) Approval and Implementation of Plans and Interim Actions.--
            ``(1) Approval of plans.--Not later than 120 days after the 
        date of the completion of a conservation and management plan 
        and after providing for public review and comment, the 
        Administrator shall approve the plan if--
                    ``(A) the plan complies with any applicable 
                guidance document published under subsection (c);
                    ``(B) the plan meets the requirements of this 
                section;
                    ``(C) the plan specifies the implementation 
                responsibilities, including funding responsibilities 
                and implementation schedules, of the Federal Government 
                and of State and local governments that participated in 
                the development of the plan;
                    ``(D) the affected Governor or Governors concur; 
                and
                    ``(E) the affected Governor or Governors certify 
                that they have the authority to undertake the actions 
                called for in the plan.
            ``(2) Approval of interim actions.--The Administrator shall 
        approve an interim action to protect the water quality of an 
        estuary for which a conservation and management plan is being 
        developed if it meets the requirements set forth in 
        subparagraphs (A) through (D) of paragraph (1).
            ``(3) Public review and comment.--The Administrator shall, 
        before approving a conservation and management plan, publish in 
        the Federal Register a draft of the plan and provide an 
        opportunity for public review and comment on the plan.
            ``(4) Implementation.--On approval of a conservation and 
        management plan or interim actions under this section, the 
        Administrator, as a nondiscretionary duty, shall ensure that 
        the Federal responsibilities and commitments under the plan or 
        interim action are complied with and implemented in accordance 
        with the guidance document. The Administrator, in conjunction 
        with and with the assistance of the management conference, 
        shall--
                    ``(A) provide assistance to the management 
                conference, including administrative and technical 
                assistance, for implementation of the plan or interim 
                action;
                    ``(B) coordinate Federal programs necessary for 
                implementing the plan or interim action;
                    ``(C) make recommendations to the management 
                conference on enforcement and technical assistance 
                activities necessary to ensure compliance with and 
                implementation of the plan or interim action;
                    ``(D) collect and make available to the public, 
                publications and other forms of information relating to 
                implementation of the plan or interim action; and
                    ``(E) make grants under the authority provided by 
                this title.
            ``(5) Funding.--Funds authorized to be appropriated under 
        titles II and VI, section 319, and this section may be used in 
        accordance with the applicable requirements of this Act to 
        assist States with the implementation of conservation and 
        management plans under this section. Funds authorized to be 
        appropriated under section 319 and this section may also be 
        used in accordance with the applicable requirements of this Act 
        to assist States with the implementation of interim actions 
        under this section.
            ``(6) Consistency.--On approval of a conservation and 
        management plan or interim action under this section, each 
        Federal agency activity identified pursuant to subsection 
        (b)(10), with respect to the plan or interim action, shall be 
        conducted in a manner that is consistent with the enforceable 
        requirement of the plan or interim action.''.

                                 <all>

S 815 IS----2