[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 961 Engrossed in House (EH)]





104th CONGRESS

                              1st Session
                                H.R. 961

_______________________________________________________________________

                                 AN ACT


 
           To amend the Federal Water Pollution Control Act.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Water 
Amendments of 1995''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.
                 TITLE I--RESEARCH AND RELATED PROGRAMS

Sec. 101. National goals and policies.
Sec. 102. Research, investigations, training, and information.
Sec. 103. State management assistance.
Sec. 104. Mine water pollution control.
Sec. 105. Water sanitation in rural and Native Alaska villages.
Sec. 106. Authorization of appropriations for Chesapeake program.
Sec. 107. Great Lakes management.
                     TITLE II--CONSTRUCTION GRANTS

Sec. 201. Uses of funds.
Sec. 202. Administration of closeout of construction grant program.
Sec. 203. Sewage collection systems.
Sec. 204. Treatment works defined.
Sec. 205. Value engineering review.
Sec. 206. Grants for wastewater treatment.
                  TITLE III--STANDARDS AND ENFORCEMENT

Sec. 301. Effluent limitations.
Sec. 302. Pollution prevention opportunities.
Sec. 303. Water quality standards and implementation plans.
Sec. 304. Use of biological monitoring.
Sec. 305. Arid areas.
Sec. 306. Total maximum daily loads.
Sec. 307. Revision of criteria, standards, and limitations.
Sec. 308. Personnel and reporting.
Sec. 309. Secondary treatment.
Sec. 310. Toxic pollutants.
Sec. 311. Local pretreatment authority.
Sec. 312. Compliance with management practices.
Sec. 313. Federal enforcement.
Sec. 314. Response plans for discharges of oil or hazardous substances.
Sec. 315. Marine sanitation devices.
Sec. 316. Federal facilities.
Sec. 317. Clean lakes.
Sec. 318. Cooling water intake structures.
Sec. 319. Nonpoint source management programs.
Sec. 320. National estuary program.
Sec. 321. State watershed management programs.
Sec. 322. Stormwater management programs.
Sec. 323. Risk assessment and disclosure requirements.
Sec. 324. Benefit and cost criterion.
                     TITLE IV--PERMITS AND LICENSES

Sec. 401. Waste treatment systems for concentrated animal feeding 
                            operations.
Sec. 402. Permit reform.
Sec. 403. Review of State programs and permits.
Sec. 404. Statistical noncompliance.
Sec. 405. Anti-backsliding requirements.
Sec. 406. Intake credits.
Sec. 407. Combined sewer overflows.
Sec. 408. Sanitary sewer overflows.
Sec. 409. Abandoned mines.
Sec. 410. Beneficial use of biosolids.
Sec. 411. Waste treatment systems defined.
Sec. 412. Thermal discharges.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Consultation with States.
Sec. 502. Navigable waters defined.
Sec. 503. CAFO definition clarification.
Sec. 504. Publicly owned treatment works defined.
Sec. 505. State water quantity rights.
Sec. 506. Implementation of water pollution laws with respect to 
                            nonpetroleum oil products and oil 
                            substitutes.
Sec. 507. Dispute resolution.
Sec. 508. Needs estimate.
Sec. 509. Program authorizations.
Sec. 510. Indian tribes.
Sec. 511. Food processing and food safety.
Sec. 512. Audit dispute resolution.
Sec. 513. American-made equipment and products.
        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

Sec. 601. General authority for capitalization grants.
Sec. 602. Capitalization grant agreements.
Sec. 603. Water pollution control revolving loan funds.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Technical amendments.
Sec. 702. John A. Blatnik National Fresh Water Quality Research 
                            Laboratory.
Sec. 703. Wastewater service for colonias.
Sec. 704. Savings in municipal drinking water costs.
            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings and statement of purpose.
Sec. 803. Wetlands conservation and management.
Sec. 804. Definitions.
Sec. 805. Technical and conforming amendments.
Sec. 806. Effective date.
                    TITLE IX--NAVIGATIONAL DREDGING

Sec. 901. References to Act.
Sec. 902. Environmental Protection Agency permits.
Sec. 903. Corps of Engineers permits.
Sec. 904. Penalties.
Sec. 905. Annual report.
Sec. 906. Reference to Committee.
                     TITLE X--ADDITIONAL PROVISIONS

Sec. 1001. Coastal nonpoint pollution control.
SEC. 2. DEFINITION.

    In this Act, the term ``Administrator'' means the Administrator of 
the Environmental Protection Agency.

SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL 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 provision, 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. 1251-1387).
                 TITLE I--RESEARCH AND RELATED PROGRAMS
SEC. 101. NATIONAL GOALS AND POLICIES.

    (a) Nonpoint Source Pollution; State Strategies.--Section 101(a) 
(33 U.S.C. 1251(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) in paragraph (7)--
                    (A) by inserting ``, including public and private 
                sector programs using economic incentives,'' after 
                ``programs'';
                    (B) by inserting ``, including stormwater,'' after 
                ``nonpoint sources of pollution'' the first place it 
                appears; and
                    (C) by striking the period at the end and inserting 
                a semicolon; and
            (3) by adding at the end the following:
            ``(8) it is the national policy to support State efforts 
        undertaken in consultation with tribal and local governments to 
        identify, prioritize, and implement water pollution prevention 
        and control strategies;''.
    (b) Role of State, Tribal, and Local Governments.--Section 101(a) 
is further amended by adding at the end the following:
            ``(9) it is the national policy to recognize, support, and 
        enhance the role of State, tribal, and local governments in 
        carrying out the provisions of this Act;''.
    (c) Reclamation and Reuse.--
            (1) Reclamation.--Section 101(a)(4) is amended by inserting 
        after ``works'' the following: ``and to reclaim waste water 
        from municipal and industrial sources''.
            (2) Beneficial reuse.--Section 101(a) is further amended by 
        adding at the end the following:
            ``(10) it is the national policy that beneficial reuse of 
        waste water effluent and biosolids be encouraged to the fullest 
        extent possible; and''.
    (d) Water Use Efficiency.--Section 101(a) is further amended by 
adding at the end the following:
            ``(11) it is the national policy that water use efficiency 
        be encouraged to the fullest extent possible.''.
    (e) Net Benefits.--Section 101 is further amended by adding at the 
end the following:
    ``(h) Net Benefits.--It is the national policy that the development 
and implementation of water quality protection programs pursuant to 
this Act--
            ``(1) be based on scientifically objective and unbiased 
        information concerning the nature and magnitude of risk; and
            ``(2) maximize net benefits to society in order to promote 
        sound regulatory decisions and promote the rational and 
        coherent allocation of society's limited resources and not 
        unreasonably restrict outdoor recreation and other socially 
        beneficial activities.''.

SEC. 102. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.

    (a) National Programs.--Section 104(a) (33 U.S.C. 1254(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) in cooperation with appropriate Federal, State, and 
        local agencies, conduct, promote, and encourage to the maximum 
        extent feasible, in watersheds that may be significantly 
        affected by nonpoint sources of pollution, monitoring and 
        measurement of water quality by means and methods that will 
        help to identify the relative contributions of particular 
        nonpoint sources.''.
    (b) Basic Research and Grants to Local Governments.--Section 
104(b)(3) (33 U.S.C. 1254(B)(3)) is amended to read as follows:
            ``(3) in cooperation with Federal, State and local agencies 
        and public or private institutions, organizations, or 
        individuals, conduct and promote a comprehensive program of 
        basic research, experiments, and studies relating to causes, 
        sources, effects, extent, prevention, and detection of water 
        pollution and make grants to State water pollution control 
        agencies, interstate agencies, local governments, other public 
        or nonprofit private agencies, institutions, organizations, and 
        individuals for such purposes;''.
    (c) 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 paragraph (7) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(8) make grants to States, local governments, and 
        nonprofit organizations to provide technical assistance and 
        training to rural and small publicly owned treatment works 
        (including treatment works that utilize an alternative 
        wastewater treatment system) to enable such treatment works to 
        achieve and maintain compliance with the requirements of this 
        Act; and
            ``(9) disseminate information to rural, small, and 
        disadvantaged communities with respect to the planning, design, 
        construction, and operation of treatment works.''.
    (d) Wastewater Treatment in Impoverished Communities.--Section 
104(q) (33 U.S.C. 1254(q)) is amended by adding at the end the 
following:
            ``(5) Small impoverished communities.--
                    ``(A) Grants.--The Administrator may make grants to 
                States to provide assistance for planning, design, and 
                construction of publicly owned treatment works and 
                alternative wastewater treatment systems to provide 
                wastewater services to rural communities of 3,000 or 
                less that are not currently served by any sewage 
                collection or wastewater treatment system and are 
                severely economically disadvantaged, as determined by 
                the Administrator.
                    ``(B) Authorization.--There is authorized to be 
                appropriated to carry out this paragraph $50,000,000 
                per fiscal year for fiscal years 1996 through 2000.''.
    (e) Authorization of Appropriations.--Section 104(u) (33 U.S.C. 
1254(u)) is amended--
            (1) by striking ``and'' before ``(6)''; and
            (2) by inserting before the period at the end the 
        following: ``; (7) not to exceed $21,243,100 per fiscal year 
        for each of fiscal years 1996 through 2000 for carrying out the 
        provisions of subsection (b)(3); and (8) not to exceed 
        $10,000,000 per fiscal year for each of fiscal years 1996 
        through 2000 for carrying out the provisions of subsections 
        (b)(8) and (b)(9)''.
SEC. 103. STATE MANAGEMENT ASSISTANCE.

    Section 106(a) (33 U.S.C. 1256(a)) is amended--
            (1) by striking ``and'' before ``$75,000,000'';
            (2) by inserting after ``1990'' the following: ``, such 
        sums as may be necessary for each of fiscal years 1991 through 
        1995, and $150,000,000 per fiscal year for each of fiscal years 
        1996 through 2000''; and
            (3) by adding at the end the following: ``States or 
        interstate agencies receiving grants under this section may use 
        such funds to finance, with other States or interstate 
        agencies, studies and projects on interstate issues relating to 
        such programs.''.
SEC. 104. MINE WATER POLLUTION CONTROL.

    Section 107 (33 U.S.C. 1257) is amended to read as follows:

``SEC. 107. MINE WATER POLLUTION CONTROL.

    ``(a) Acidic and Other Toxic Mine Drainage.--The Administrator 
shall establish a program to demonstrate the efficacy of measures for 
abatement of the causes and treatment of the effects of acidic and 
other toxic mine drainage within qualified hydrologic units affected by 
past coal mining practices for the purpose of restoring the biological 
integrity of waters within such units.
    ``(b) Grants.--
            ``(1) In general.--Any State or Indian tribe may apply to 
        the Administrator for a grant for any project which provides 
        for abatement of the causes or treatment of the effects of 
        acidic or other toxic mine drainage within a qualified 
        hydrologic unit affected by past coal mining practices.
            ``(2) Application requirements.--An application submitted 
        to the Administrator under this section shall include each of 
        the following:
                    ``(A) An identification of the qualified hydrologic 
                unit.
                    ``(B) A description of the extent to which acidic 
                or other toxic mine drainage is affecting the water 
                quality and biological resources within the hydrologic 
                unit.
                    ``(C) An identification of the sources of acidic or 
                other toxic mine drainage within the hydrologic unit.
                    ``(D) An identification of the project and the 
                measures proposed to be undertaken to abate the causes 
                or treat the effects of acidic or other toxic mine 
                drainage within the hydrologic unit.
                    ``(E) The cost of undertaking the proposed 
                abatement or treatment measures.
    ``(c) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project receiving grant assistance under this section shall be 
        50 percent.
            ``(2) Lands, easements, and rights-of-way.--Contributions 
        of lands, easements, and rights-of-way shall be credited toward 
        the non-Federal share of the cost of a project under this 
        section but not in an amount exceeding 25 percent of the total 
        project cost.
            ``(3) Operation and maintenance.--The non-Federal interest 
        shall bear 100 percent of the cost of operation and maintenance 
        of a project under this section.
    ``(d) Prohibited Projects.--No acidic or other toxic mine drainage 
abatement or treatment project may receive assistance under this 
section if the project would adversely affect the free-flowing 
characteristics of any river segment within a qualified hydrologic 
unit.
    ``(e) Applications From Federal Entities.--Any Federal entity may 
apply to the Administrator for a grant under this section for the 
purposes of an acidic or toxic mine drainage abatement or treatment 
project within a qualified hydrologic unit located on lands and waters 
under the administrative jurisdiction of such entity.
    ``(f) Approval.--The Administrator shall approve an application 
submitted pursuant to subsection (b) or (e) after determining that the 
application meets the requirements of this section.
    ``(g) Qualified Hydrologic Unit Defined.--For purposes of this 
section, the term `qualified hydrologic unit' means a hydrologic unit--
            ``(1) in which the water quality has been significantly 
        affected by acidic or other toxic mine drainage from past coal 
        mining practices in a manner which adversely impacts biological 
        resources; and
            ``(2) which contains lands and waters eligible for 
        assistance under title IV of the Surface Mining and Reclamation 
        Act of 1977.''.
SEC. 105. WATER SANITATION IN RURAL AND NATIVE ALASKA VILLAGES.

    (a) In General.--Section 113 (33 U.S.C. 1263) is amended by 
striking the section heading and designation and subsections (a) 
through (f) and inserting the following:

``SEC. 113. ALASKA VILLAGE PROJECTS AND PROGRAMS.

    ``(a) Grants.--The Administrator is authorized to make grants--
            ``(1) for the development and construction of facilities 
        which provide sanitation services for rural and Native Alaska 
        villages;
            ``(2) for training, technical assistance, and educational 
        programs relating to operation and maintenance for sanitation 
        services in rural and Native Alaska villages; and
            ``(3) for reasonable costs of administering and managing 
        grants made and programs and projects carried out under this 
        section; except that not to exceed 4 percent of the amount of 
        any grant made under this section may be made for such costs.
    ``(b) Federal Share.--A grant under this section shall be 50 
percent of the cost of the program or project being carried out with 
such grant.
    ``(c) Special Rule.--The Administrator shall award grants under 
this section for project construction following the rules specified in 
subpart H of part 1942 of title 7 of the Code of Federal Regulations.
    ``(d) Grants to State for Benefit of Villages.--Grants under this 
section may be made to the State for the benefit of rural Alaska 
villages and Alaska Native villages.
    ``(e) Coordination.--In carrying out activities under this 
subsection, the Administrator is directed to coordinate efforts between 
the State of Alaska, the Secretary of Housing and Urban Development, 
the Secretary of Health and Human Services, the Secretary of the 
Interior, the Secretary of Agriculture, and the recipients of grants.
    ``(f) Funding.--There is authorized to be appropriated $25,000,000 
for fiscal years beginning after September 30, 1995, to carry out this 
section.''.
    (b) Conforming Amendment.--Section 113(g) is amended by inserting 
after ``(g)'' the following: ``Definitions.--''.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS FOR CHESAPEAKE PROGRAM.

    Section 117(d) (33 U.S.C. 1267(d)) is amended--
            (1) in paragraph (1), by inserting ``such sums as may be 
        necessary for fiscal years 1991 through 1995, and $3,000,000 
        per fiscal year for each of fiscal years 1996 through 2000'' 
        after ``1990,''; and
            (2) in paragraph (2), by inserting ``such sums as may be 
        necessary for fiscal years 1991 through 1995, and $18,000,000 
        per fiscal year for each of fiscal years 1996 through 2000'' 
        after ``1990,''.

SEC. 107. GREAT LAKES MANAGEMENT.
    (a) Great Lakes Research Council.--
            (1) In general.--Section 118 (33 U.S.C. 1268) is amended--
                    (A) in subsection (a)(3)--
                            (i) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) `Council' means the Great Lakes Research 
                Council established by subsection (d)(1);'';
                            (ii) by striking ``and'' at the end of 
                        subparagraph (I);
                            (iii) by striking the period at the end of 
                        subparagraph (J) and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(K) `Great Lakes research' means the application 
                of scientific or engineering expertise to explain, 
                understand, and predict a physical, chemical, 
                biological, or socioeconomic process, or the 
                interaction of 1 or more of the processes, in the Great 
                Lakes ecosystem.'';
                    (B) by striking subsection (d) and inserting the 
                following:
    ``(d) Great Lakes Research Council.--
            ``(1) Establishment of council.--There is established a 
        Great Lakes Research Council.
            ``(2) Duties of council.--The Council--
                    ``(A) shall advise and promote the coordination of 
                Federal Great Lakes research activities to avoid 
                unnecessary duplication and ensure greater 
                effectiveness in achieving protection of the Great 
                Lakes ecosystem through the goals of the Great Lakes 
                Water Quality Agreement;
                    ``(B) not later than 1 year after the date of the 
                enactment of this subparagraph and biennially 
                thereafter and after providing opportunity for public 
                review and comment, shall prepare and provide to 
                interested parties a document that includes--
                            ``(i) an assessment of the Great Lakes 
                        research activities needed to fulfill the goals 
                        of the Great Lakes Water Quality Agreement;
                            ``(ii) an assessment of Federal expertise 
                        and capabilities in the activities needed to 
                        fulfill the goals of the Great Lakes Water 
                        Quality Agreement, including an inventory of 
                        Federal Great Lakes research programs, 
                        projects, facilities, and personnel; and
                            ``(iii) recommendations for long-term and 
                        short-term priorities for Federal Great Lakes 
                        research, based on a comparison of the 
                        assessments conducted under clauses (i) and 
                        (ii);
                    ``(C) shall identify topics for and participate in 
                meetings, workshops, symposia, and conferences on Great 
                Lakes research issues;
                    ``(D) shall make recommendations for the uniform 
                collection of data for enhancing Great Lakes research 
                and management protocols relating to the Great Lakes 
                ecosystem;
                    ``(E) shall advise and cooperate in--
                            ``(i) improving the compatible integration 
                        of multimedia data concerning the Great Lakes 
                        ecosystem; and
                            ``(ii) any effort to establish a 
                        comprehensive multimedia data base for the 
                        Great Lakes ecosystem; and
                    ``(F) shall ensure that the results, findings, and 
                information regarding Great Lakes research programs 
                conducted or sponsored by the Federal Government are 
                disseminated in a timely manner, and in useful forms, 
                to interested persons, using to the maximum extent 
                practicable mechanisms in existence on the date of the 
                dissemination, such as the Great Lakes Research 
                Inventory prepared by the International Joint 
                Commission.
            ``(3) Membership.--
                    ``(A) In general.--The Council shall consist of 1 
                research manager with extensive knowledge of, and 
                scientific expertise and experience in, the Great Lakes 
                ecosystem from each of the following agencies and 
                instrumentalities:
                            ``(i) The Agency.
                            ``(ii) The National Oceanic and Atmospheric 
                        Administration.
                            ``(iii) The National Biological Service.
                            ``(iv) The United States Fish and Wildlife 
                        Service.
                            ``(v) Any other Federal agency or 
                        instrumentality that expends $1,000,000 or more 
                        for a fiscal year on Great Lakes research.
                            ``(vi) Any other Federal agency or 
                        instrumentality that a majority of the Council 
                        membership determines should be represented on 
                        the Council.
                    ``(B) Nonvoting members.--At the request of a 
                majority of the Council membership, any person who is a 
                representative of a Federal agency or instrumentality 
                not described in subparagraph (A) or any person who is 
                not a Federal employee may serve as a nonvoting member 
                of the Council.
            ``(4) Chairperson.--The chairperson of the Council shall be 
        a member of the Council from an agency specified in clause (i), 
        (ii), or (iii) of paragraph (3)(A) who is elected by a majority 
        vote of the members of the Council. The chairperson shall serve 
        as chairperson for a period of 2 years. A member of the Council 
        may not serve as chairperson for more than 2 consecutive terms.
            ``(5) Expenses.--While performing official duties as a 
        member of the Council, a member shall be allowed travel or 
        transportation expenses under section 5703 of title 5, United 
        States Code.
            ``(6) Interagency cooperation.--The head of each Federal 
        agency or instrumentality that is represented on the Council--
                    ``(A) shall cooperate with the Council in 
                implementing the recommendations developed under 
                paragraph (2);
                    ``(B) on written request of the chairperson of the 
                Council, may make available, on a reimbursable basis or 
                otherwise, such personnel, services, or facilities as 
                may be necessary to assist the Council in carrying out 
                the duties of the Council under this section; and
                    ``(C) on written request of the chairperson, shall 
                furnish data or information necessary to carry out the 
                duties of the Council under this section.
            ``(7) International cooperation.--The Council shall 
        cooperate, to the maximum extent practicable, with the research 
        coordination efforts of the Council of Great Lakes Research 
        Managers of the International Joint Commission.
            ``(8) Reimbursement for requested activities.--Each Federal 
        agency or instrumentality represented on the Council may 
        reimburse another Federal agency or instrumentality or a non-
        Federal entity for costs associated with activities authorized 
        under this subsection that are carried out by the other agency, 
        instrumentality, or entity at the request of the Council.
            ``(9) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the Council.
            ``(10) Effect on other law.--Nothing in this subsection 
        affects the authority of any Federal agency or instrumentality, 
        under any law, to undertake Great Lakes research activities.'';
                    (C) in subsection (e)--
                            (i) in paragraph (1) by striking ``the 
                        Program Office and the Research Office shall 
                        prepare a joint research plan'' and inserting 
                        ``the Program Office, in consultation with the 
                        Council, shall prepare a research plan''; and
                            (ii) in paragraph (3)(A) by striking ``the 
                        Research Office, the Agency for Toxic 
                        Substances and Disease Registry, and Great 
                        Lakes States'' and inserting ``the Council, the 
                        Agency for Toxic Substances and Disease 
                        Registry, and Great Lakes States,''; and
                    (D) in subsection (h)--
                            (i) by adding ``and'' at the end of 
                        paragraph (1);
                            (ii) by striking ``; and'' at the end of 
                        paragraph (2) and inserting a period; and
                            (iii) by striking paragraph (3).
            (2) Conforming Amendment.--The second sentence of section 
        403(a) of the Marine Protection, Research, and Sanctuaries Act 
        of 1972 (16 U.S.C. 1447b(a)) is amended by striking ``Great 
        Lakes Research Office authorized under'' and inserting ``Great 
        Lakes Research Council established by''.
    (b) Consistency of Programs With Federal Guidance.--Section 
118(c)(2)(C) (33 U.S.C. 1268(c)(2)(C)) is amended by adding at the end 
the following: ``For purposes of this section, a State's standards, 
policies, and procedures shall be considered consistent with such 
guidance if the standards, policies, and procedures are based on 
scientifically defensible judgments and policy choices made by the 
State after consideration of the guidance and provide an overall level 
of protection comparable to that provided by the guidance, taking into 
account the specific circumstances of the State's waters.''.
    (c) Reauthorization of Assessment and Remediation of Contaminated 
Sediments Program.--Section 118(c)(7) is amended by adding at the end 
the following:
                    ``(D) Reauthorization of assessment and remediation 
                of contaminated sediments program.--
                            ``(i) In general.--The Administrator, 
                        acting through the Program Office, in 
                        consultation and cooperation with the Assistant 
                        Secretary of the Army having responsibility for 
                        civil works, shall conduct at least 3 pilot 
                        projects involving promising technologies and 
                        practices to remedy contaminated sediments 
                        (including at least 1 full-scale demonstration 
                        of a remediation technology) at sites in the 
                        Great Lakes System, as the Administrator 
                        determines appropriate.
                            ``(ii) Selection of sites.--In selecting 
                        sites for the pilot projects, the Administrator 
                        shall give priority consideration to--
                                    ``(I) the Ashtabula River in Ohio;
                                    ``(II) the Buffalo River in New 
                                York;
                                    ``(III) Duluth and Superior Harbor 
                                in Minnesota;
                                    ``(IV) the Fox River in Wisconsin;
                                    ``(V) the Grand Calumet River in 
                                Indiana; and
                                    ``(VI) Saginaw Bay in Michigan.
                            ``(iii) Deadlines.--In carrying out this 
                        subparagraph, the Administrator shall--
                                    ``(I) not later than 18 months 
                                after the date of the enactment of this 
                                subparagraph, identify at least 3 sites 
                                and the technologies and practices to 
                                be demonstrated at the sites (including 
                                at least 1 full-scale demonstration of 
                                a remediation technology); and
                                    ``(II) not later than 5 years after 
                                such date of enactment, complete at 
                                least 3 pilot projects (including at 
                                least 1 full-scale demonstration of a 
                                remediation technology).
                            ``(iv) Additional projects.--The 
                        Administrator, acting through the Program 
                        Office, in consultation and cooperation with 
                        the Assistant Secretary of the Army having 
                        responsibility for civil works, may conduct 
                        additional pilot- and full-scale pilot projects 
                        involving promising technologies and practices 
                        at sites in the Great Lakes System other than 
                        the sites selected under clause (i).
                            ``(v) Execution of projects.--The 
                        Administrator may cooperate with the Assistant 
                        Secretary of the Army having responsibility for 
                        civil works to plan, engineer, design, and 
                        execute pilot projects under this subparagraph.
                            ``(vi) Non-federal contributions.--The 
                        Administrator may accept non-Federal 
                        contributions to carry out pilot projects under 
                        this subparagraph.
                            ``(vii) Authorization of appropriations.--
                        There are authorized to be appropriated to 
                        carry out this subparagraph $3,500,000 for each 
                        of fiscal years 1996 through 2000.
                    ``(E) Technical information and assistance.--
                            ``(i) In general.--The Administrator, 
                        acting through the Program Office, may provide 
                        technical information and assistance involving 
                        technologies and practices for remediation of 
                        contaminated sediments to persons that request 
                        the information or assistance.
                            ``(ii) Technical assistance priorities.--In 
                        providing technical assistance under this 
                        subparagraph, the Administrator, acting through 
                        the Program Office, shall give special priority 
                        to requests for integrated assessments of, and 
                        recommendations regarding, remediation 
                        technologies and practices for contaminated 
                        sediments at Great Lakes areas of concern.
                            ``(iii) Coordination with other 
                        demonstrations.--The Administrator shall--
                                    ``(I) coordinate technology 
                                demonstrations conducted under this 
                                subparagraph with other federally 
                                assisted demonstrations of contaminated 
                                sediment remediation technologies; and
                                    ``(II) share information from the 
                                demonstrations conducted under this 
                                subparagraph with the other 
                                demonstrations.
                            ``(iv) Other sediment remediation 
                        activities.--Nothing in this subparagraph 
                        limits the authority of the Administrator to 
                        carry out sediment remediation activities under 
                        other laws.
                            ``(v) Authorization of appropriations.--
                        There are authorized to be appropriated to 
                        carry out this subparagraph $1,000,000 for each 
                        of fiscal years 1996 through 2000.''.
    (d) Authorization of Appropriations.--
            (1) Research and management.--Section 118(e)(3)(B) (33 
        U.S.C. 1268(e)(3)(B)) is amended by inserting before the period 
        at the end the following: ``, such sums as may be necessary for 
        fiscal year 1995, and $4,000,000 per fiscal year for each of 
        fiscal years 1996, 1997, and 1998''.
            (2) Great lakes programs.--Section 118(h) (33 U.S.C. 
        1268(h)) is amended--
                    (A) by striking ``and'' before ``$25,000,000''; and
                    (B) by inserting before the period at the end of 
                the first sentence the following: ``, such sums as may 
                be necessary for fiscal years 1992 through 1995, and 
                $17,500,000 per fiscal year for each of fiscal years 
                1996 through 2000''.
                     TITLE II--CONSTRUCTION GRANTS

SEC. 201. USES OF FUNDS.

    (a) Nonpoint Source Program.--Section 201(g)(1) (33 U.S.C. 
1281(g)(1)) is amended by striking the period at the end of the first 
sentence and all that follows through the period at the end of the last 
sentence and inserting the following: ``and for any purpose for which a 
grant may be made under sections 319(h) and 319(i) of this Act 
(including any innovative and alternative approaches for the control of 
nonpoint sources of pollution).''.
    (b) Retroactive Eligibility.--Section 201(g)(1) is further amended 
by adding at the end the following: ``The Administrator, with the 
concurrence of the States, shall develop procedures to facilitate and 
expedite the retroactive eligibility and provision of grant funding for 
facilities already under construction.''.

SEC. 202. ADMINISTRATION OF CLOSEOUT OF CONSTRUCTION GRANT PROGRAM.

    Section 205(g)(1) (33 U.S.C. 1285(g)(1)) is amended by adding at 
the end the following: ``The Administrator may negotiate an annual 
budget with a State for the purpose of administering the closeout of 
the State's construction grants program under this title. Sums made 
available for administering such closeout shall be subtracted from 
amounts remaining available for obligation under the State's 
construction grant program under this title.''.

SEC. 203. SEWAGE COLLECTION SYSTEMS.

    Section 211(a) (33 U.S.C. 1291(a)) is amended--
            (1) in clause (1) by striking ``an existing collection 
        system'' and inserting ``a collection system existing on the 
        date of the enactment of the Clean Water Amendments of 1995''; 
        and
            (2) in clause (2)--
                    (A) by striking ``an existing community'' and 
                inserting ``a community existing on such date of 
                enactment''; and
                    (B) by striking ``sufficient existing'' and 
                inserting ``sufficient capacity existing on such date 
                of enactment''.

SEC. 204. TREATMENT WORKS DEFINED.

    (a) Inclusion of Other Lands.--Section 212(2)(A) (33 U.S.C. 
1292(2)(A)) is amended--
            (1) by striking ``any works, including site'';
            (2) by striking ``is used for ultimate'' and inserting 
        ``will be used for ultimate''; and
            (3) by inserting before the period at the end the 
        following: ``and acquisition of other lands, and interests in 
        lands, which are necessary for construction''.
    (b) Policy on Cost Effectiveness.--Section 218(a) (33 U.S.C. 
1298(a)) is amended by striking ``combination of devices and systems'' 
and all that follows through ``from such treatment;'' and inserting 
``treatment works;''.

SEC. 205. VALUE ENGINEERING REVIEW.

    Section 218(c) (33 U.S.C. 1298(c)) is amended by striking 
``$10,000,000'' and inserting ``$25,000,000''.
SEC. 206. GRANTS FOR WASTEWATER TREATMENT.

    (a) Coastal Localities.--The Administrator shall make grants under 
title II of the Federal Water Pollution Control Act to appropriate 
instrumentalities for the purpose of construction of treatment works 
(including combined sewer overflow facilities) to serve coastal 
localities. No less than $10,000,000 of the amount of such grants shall 
be used for water infrastructure improvements in New Orleans, no less 
than $3,000,000 of the amount of such grants shall be used for water 
infrastructure improvements in Bristol County, Massachusetts, and no 
less than \1/3\ of the amount of such grants shall be used to assist 
localities that meet both of the following criteria:
            (1) Need.--A locality that has over $2,000,000,000 in 
        category I treatment needs documented and accepted in the 
        Environmental Protection Agency's 1992 Needs Survey database as 
        of February 4, 1993.
            (2) Hardship.--A locality that has wastewater user charges, 
        for residential use of 7,000 gallons per month based on Ernst & 
        Young National Water and Wastewater 1992 Rate Survey, greater 
        than 0.65 percent of 1989 median household income for the 
        metropolitan statistical area in which such locality is located 
        as measured by the Bureau of the Census.
    (b) Federal Share.--Notwithstanding section 202(a)(1) of the 
Federal Water Pollution Control Act, the Federal share of grants under 
subsection (a) shall be 80 percent of the cost of construction, and the 
non-Federal share shall be 20 percent of the cost of construction.
    (c) Small Communities.--The Administrator shall make grants to 
States for the purpose of providing assistance for the construction of 
treatment works and alternative wastewater treatment systems to serve 
small communities as defined by the State; except that the term ``small 
communities'' may not include any locality with a population greater 
than 75,000. Funds made available to carry out this subsection shall be 
allotted by the Administrator to the States in accordance with the 
allotment formula contained in section 604(a) of the Federal Water 
Pollution Control Act.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under this section $300,000,000 for 
fiscal year 1996. Such sums shall remain available until expended and 
shall be equally divided between subsections (a) and (c) of this 
section. Such authorization of appropriation shall take effect only if 
the total amount appropriated for fiscal year 1996 to carry out title 
VI of the Federal Water Pollution Control Act is at least 
$2,250,000,000.
                  TITLE III--STANDARDS AND ENFORCEMENT

SEC. 301. EFFLUENT LIMITATIONS.
    (a) Compliance Schedules.--Section 301(b) (33 U.S.C. 1311(b)) is 
amended--
            (1) in paragraph (1)(C) by striking ``not later than July 
        1, 1977,'';
            (2) by striking the period at the end and inserting 
        ``within a reasonable period of time as determined by the 
        Administrator or the State, as appropriate, considering 
        facility planning, design, construction, and other 
        implementation factors;''; and
            (3) by striking ``, and in no case later than March 31, 
        1989'' each place it appears.
    (b) Modifications for Nonconventional Pollutants.--
            (1) General authority.--Section 301(g)(1) (33 U.S.C. 
        1311(g)(1)) is amended by striking ``(when determined by the 
        Administrator to be a pollutant covered by subsection 
        (b)(2)(F)) and any other pollutant which the Administrator 
        lists under paragraph (4) of this subsection'' and inserting 
        ``and any other pollutant covered by subsection (b)(2)(F)''.
            (2) Procedural requirements for listing and removal of 
        pollutants.--Section 301(g) (33 U.S.C. 1311(g)) is further 
        amended by striking paragraphs (4) and (5).
    (c) Coal Remining.--Section 301(p)(2) (33 U.S.C. 1311(p)(2)) is 
amended by inserting before the period at the end the following: ``; 
except where monitoring demonstrates that the receiving waters do not 
meet such water quality standards prior to commencement of remining and 
where the applicant submits a plan which demonstrates to the 
satisfaction of the Administrator or the State, as the case may be, 
that identified measures will be utilized to improve the existing water 
quality of the receiving waters''.
    (d) Preexisting Coal Remining Operations.--Section 301(p) (33 
U.S.C. 1311) is amended by adding at the end the following:
            ``(5) Preexisting coal remining operations.--Any operator 
        of a coal mining operation who conducted remining at a site on 
        which coal mining originally was conducted before the effective 
        date of the Surface Mining Control and Reclamation Act of 1977 
        shall be deemed to be in compliance with sections 301, 302, 
        306, 307, and 402 of this Act if--
                    ``(A) such operator commenced remining at such 
                operation prior to the adoption of this subsection in a 
                State program approved under section 402 and performed 
                such remining under a permit pursuant to the Surface 
                Mining Control and Reclamation Act of 1977; and
                    ``(B) the post-mining levels of pollutants (other 
                than pH) discharged from such operation do not exceed 
                the levels of pollutants discharged from the remined 
                area before the coal remining operation began and the 
                post-mining pH levels of the discharges from the 
                remined area are not reduced below the pH levels of the 
                discharges from the remined area before the coal 
                remining operation began.''.

SEC. 302. POLLUTION PREVENTION OPPORTUNITIES.

    (a) Innovative Production Processes.--Subsection (k) of section 301 
(33 U.S.C. 1311(k)) is amended to read as follows:
    ``(k) Innovative Production Processes, Technologies, and Methods.--
            ``(1) In general.--In the case of any point source subject 
        to a permit under section 402, the Administrator, with the 
        consent of the State in which the point source is located, or 
        the State in consultation with the Administrator, in the case 
        of a State with an approved program under section 402, may, at 
        the request of the permittee and after public notice and 
        opportunity for comment, extend the deadline for the point 
        source to comply with any limitation established pursuant to 
        subsection (b)(1)(A), (b)(2)(A), or (b)(2)(E) and make other 
        appropriate modifications to the conditions of the point source 
        permit, for the purpose of encouraging the development and use 
        of an innovative pollution prevention technology (including an 
        innovative production process change, innovative pollution 
        control technology, or innovative recycling method) that has 
        the potential to--
                    ``(A) achieve an effluent reduction which is 
                greater than that required by the limitation otherwise 
                applicable;
                    ``(B) meet the applicable effluent limitation to 
                water while achieving a reduction of total emissions to 
                other media which is greater than that required by the 
                otherwise applicable emissions limitations for the 
                other media;
                    ``(C) meet the applicable effluent limitation to 
                water while achieving a reduction in energy 
                consumption; or
                    ``(D) achieve the required reduction with the 
                potential for significantly lower costs than the 
                systems determined by the Administrator to be 
                economically achievable.
            ``(2) Limitation and Notice.--If the Administrator or a 
        State extends the deadline for point source compliance and 
        encourages the development and use of an innovative pollution 
        prevention technology under paragraph (1), the Administrator or 
        State shall encourage, to the maximum extent practicable, the 
        use of technology produced in the United States.
            ``(3) Duration of extensions.--The extension of the 
        compliance deadlines under paragraph (1) shall not extend 
        beyond the period necessary for the owner of the point source 
        to install and use the innovative process, technology, or 
        method in full-scale production operations, but in no case 
        shall the compliance extensions extend beyond 3 years from the 
        date for compliance with the otherwise applicable limitations.
            ``(4) Consequences of failure.--In determining the amount 
        of any civil or administrative penalty pursuant to section 
        309(d) or 309(g) for any violations of a section 402 permit 
        during the extension period referred to in paragraph (1) that 
        are caused by the unexpected failure of an innovative process, 
        technology, or method, a court or the Administrator, as 
        appropriate, shall take into account the permittee's good-faith 
        efforts to implement the innovation and to comply with any 
        interim limitations and may reduce or eliminate the penalty for 
        such violation.

            ``(5) Report.--Not later than 1 year after the date of the 
        enactment of this subsection, the Administrator shall review, 
        analyze, and compile in a report information on innovative and 
        alternative technologies which are available for preventing and 
        reducing pollution of navigable waters, submit such report to 
        Congress, and publish in the Federal Register a summary of such 
        report and a notice of the availability of such report. The 
        Administrator shall annually update the report prepared under 
        this paragraph, submit the updated report to Congress, and 
        publish in the Federal Register a summary of the updated report 
        and a notice of its availability.
            ``(6) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to authorize the 
        Administrator or a State to enforce, place conditions on, or 
        otherwise regulate emissions into the air or the treatment, 
        storage, or disposal of solid waste or require or enforce 
        conditions on the manufacturing or processing of a chemical 
        substance or mixture in any permit issued under this Act.''.
    (b) Pollution Prevention Programs.--Section 301 (33 U.S.C. 1311) is 
amended--
            (1) in subsection (l) by striking ``subsection (n)'' and 
        inserting ``subsections (n), (q), and (r)''; and
            (2) by adding at the end the following:
    ``(q) Pollution Prevention Programs.--
            ``(1) In general.--The Administrator (with the concurrence 
        of the State) or a State with an approved program under section 
        402, at the request of the permittee and after public notice 
        and an opportunity for comment, may issue a permit under 
        section 402 which modifies the requirements of subsection 
        (b)(1)(A), (b)(2)(A), or (b)(2)(E) of this section or section 
        306 and makes appropriate modifications to the conditions of 
        the permit, or may modify the requirements of section 307, if 
        the Administrator or State determines that pollution prevention 
        measures or practices (including recycling, source reduction, 
        and other measures to reduce discharges or other releases of 
        pollutants from the facility to the environment beyond those 
        otherwise required by law)
         together with such modifications will achieve an overall 
reduction in emissions to the environment (including emissions to water 
and air and disposal of solid wastes) from the facility at which the 
permitted discharge is located that is greater than would otherwise be 
achievable if the source complied with the requirements of subsection 
(b)(1)(A), (b)(2)(A), or (b)(2)(E) or section 306 or 307 and will 
result in an overall net benefit to the environment.
            ``(2) Term of modification.--A modification made pursuant 
        to paragraph (1) shall extend for the term of the permit or, in 
        the case of modifications under section 307(b), for up to 10 
        years, and may be extended further if the Administrator or 
        State determines at the expiration of the initial modifications 
        that such modifications will continue to enable the source to 
        achieve greater emissions reduction than would otherwise be 
        attainable.
            ``(3) Nonextension of modification.--Upon expiration of a 
        modification that is not extended further under paragraph (2), 
        the source shall have a reasonable period of time, not to 
        exceed 2 years, to come into compliance with otherwise 
        applicable requirements of this Act.
            ``(4) Limitations on modifications.--A modification of an 
        otherwise applicable limitation or standard may not be made 
        under this subsection if such modification--
                    ``(A) will cause a receiving body of water that is 
                meeting its designated use for all pollutants to no 
                longer meet such use;
                    ``(B) will prevent a receiving body of water that 
                is not meeting its designated use for all pollutants 
                from meeting such use; or
                    ``(C) will cause the introduction of pollutants 
                into a publicly owned treatment works that interferes 
                with, passes through, or is otherwise incompatible with 
                such works or will cause such works to violate its 
                permit under section 402 of this Act.
            ``(5) Guidance.--Not later than 270 days after the date of 
        the enactment of this subsection, the Administrator shall 
        publish guidance for determining whether a modification of an 
        otherwise applicable limitation or standard under this 
        subsection will achieve an overall reduction in emissions to 
        the environment and result in an overall net benefit to the 
        environment. In developing such guidance, the Administrator 
        shall consult with the States and other interested parties.
            ``(6) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to authorize the 
        Administrator or a State to enforce, place conditions on, or 
        otherwise regulate emissions into the air or the treatment, 
        storage, or disposal of solid waste or require or enforce 
        conditions on the manufacturing or processing of a chemical 
        substance or mixture in any permit issued under this Act.
            ``(7) Report.--Not later than 3 years after the date of the 
        enactment of this subsection, the Administrator shall submit to 
        Congress a report on the implementation of this subsection and 
        the emissions reductions achieved as a result of modifications 
        made pursuant to this subsection.''.
    (c) Pollution Reduction Agreements.--Section 301 is further amended 
by adding at the end the following:
    ``(r) Pollution Reduction Agreements.--
            ``(1) In general.--The Administrator (with the concurrence 
        of the State) or a State with an approved program under section 
        402, after public notice and an opportunity for comment, may 
        issue a permit under section 402 which modifies the 
        requirements of subsection (b) of this section or section 306 
        and makes appropriate modifications to the conditions of the 
        permit, or may modify the requirements of section 307, if the 
        Administrator or State determines that the owner or operator of 
        the source of the discharge has entered into a binding 
        contractual agreement with any other source of discharge in the 
        same watershed to implement pollution reduction controls or 
        measures beyond those otherwise required by law and that the 
        agreement is being implemented through modifications of a 
        permit issued under section 402 to the other source, by 
        modifications of the requirements of section 307 applicable to 
        the other source, or by nonpoint source control practices and 
        measures under section 319 applicable to the other source. The 
        Administrator or State may modify otherwise applicable 
        requirements pursuant to this section whenever the 
        Administrator or State determines that such pollution reduction 
        control or measures will result collectively in an overall 
        reduction in discharges to the watershed that is greater than 
        would otherwise be achievable if the parties to the pollution 
        reduction agreement each complied with applicable requirements 
        of subsection (b), section 306 or 307 resulting in a net 
        benefit to the watershed.
            ``(2) Notification to affected states.--Before issuing or 
        modifying a permit under this subsection allowing discharges 
        into a watershed that is within the jurisdiction of 2 or more 
        States, the Administrator or State shall provide written notice 
        of the proposed permit to all States with jurisdiction over the 
        watershed. The Administrator or State shall not issue or modify 
        such permit unless all States with jurisdiction over the 
        watershed have approved such permit or unless such States do 
        not disapprove such permit within 90 days of receiving such 
        written notice.
            ``(3) Term of modification.--Modifications made pursuant to 
        this subsection shall extend for the term of the modified 
        permits or, in the case of modifications under section 307, for 
        up to 10 years, and may be extended further if the 
        Administrator or State determines, at the expiration of the 
        initial modifications, that such modifications will continue to 
        enable the sources trading credits to achieve greater reduction 
        in discharges to the watershed collectively than would 
        otherwise be attainable.
            ``(4) Nonextension of modification.--Upon expiration of a 
        modification that is not extended further under paragraph (3), 
        the source shall have a reasonable period of time, not to 
        exceed 2 years, to come into compliance with otherwise 
        applicable requirements of this Act.
            ``(5) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to authorize the 
        Administrator or a State, as appropriate, to compel trading 
        among sources or to impose nonpoint source control practices 
        without the consent of the nonpoint source discharger. Nothing 
        in this subsection shall be construed to authorize the 
        Administrator or a State to enforce, place conditions on, or 
        otherwise regulate emissions into the air or the treatment, 
        storage, or disposal of solid waste or require or enforce 
        conditions on the manufacturing or processing of a chemical 
        substance or mixture in any permit issued under this Act.
            ``(6) Limitations on modifications.--A modification of an 
        otherwise applicable limitation or standard may not be made 
        under this subsection if such modification--
                    ``(A) will cause a receiving body of water that is 
                meeting its designated use for all pollutants to no 
                longer meet such use;
                    ``(B) will prevent a receiving body of water that 
                is not meeting its designated use for all pollutants 
                from meeting such use; or
                    ``(C) will cause the introduction of pollutants 
                into a publicly owned treatment works that interferes 
                with, passes through, or is otherwise incompatible with 
                such works or will cause such works to violate its 
                permit under section 402 of this Act.
            ``(7) Guidance.--Not later than 270 days after the date of 
        the enactment of this subsection, the Administrator shall 
        publish guidance for determining whether a modification of an 
        otherwise applicable limitation or standard under this 
        subsection will achieve an overall reduction in discharges to 
        the watershed and result in an overall net benefit to the 
        environment. In developing such guidance, the Administrator 
        shall consult with the States and other interested parties.
            ``(8) Report.--Not later than 3 years after the date of the 
        enactment of this subsection, the Administrator shall submit a 
        report to Congress on the implementation of paragraph (1) and 
        the discharge reductions achieved as a result of modifications 
        made pursuant to paragraph (1).''.
    (d) Antibacksliding.--Section 402(o)(2) (33 U.S.C. 1342(o)(2)) is 
amended--
            (1) in subparagraph (D)--
                    (A) by inserting ``301(q), 301(r),'' after 
                ``301(n),''; and
                    (B) by striking ``or'' the last place it appears;
            (2) in subparagraph (E) by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (E) the following:
                    ``(F) the permittee is taking pollution prevention 
                or water conservation measures that produce a net 
                environmental benefit, including, but not limited to, 
                measures that result in the substitution of one 
                pollutant for another pollutant; increase the 
                concentration of a pollutant while decreasing the 
                discharge flow; or increase the discharge of a 
                pollutant or pollutants from one or more outfalls at a 
                permittee's facility, when accompanied by offsetting 
                decreases in the discharge of a pollutant or pollutants 
                from other outfalls at the permittee's facility.''.
    (e) Antidegradation Review.--Section 303(d) (33 U.S.C. 1313(d)) is 
amended by adding at the end the following:
            ``(5) Antidegradation review.--The Administrator may not 
        require a State, in implementing the antidegradation policy 
        established under this section, to conduct an antidegradation 
        review in the case of--
                    ``(A) increases in a discharge which are authorized 
                under section 301(g), 301(k), 301(q), 301(r), or 
                301(t);
                    ``(B) increases in the concentration of a pollutant 
                in a discharge caused by a reduction in wastewater 
                flow;
                    ``(C) increases in the discharge of a pollutant or 
                pollutants from one or more outfalls at a permittee's 
                facility, when accompanied by offsetting decreases in 
                the discharge of a pollutant or pollutants from other 
                outfalls at the permittee's facility;
                    ``(D) reissuance of a permit where there is no 
                increase in existing effluent limitations and, if a new 
                effluent limitation is being added to the permit, where 
                the new limitation is for a pollutant that is newly 
                found in an existing discharge due solely to improved 
                monitoring methods; or
                    ``(E) a new or increased discharge which is 
                temporary or short-term or which the State determines 
                represents an insignificant increased pollutant 
                loading.''.
    (f) Innovative Pretreatment Production Processes.--Subsection (e) 
of section 307 (33 U.S.C. 1317(e)) is amended to read as follows:
    ``(e) Innovative Pretreatment Production Processes, Technologies, 
and Methods.--
            ``(1) In general.--In the case of any facility that 
        proposes to comply with the national categorical pretreatment 
        standards developed under subsection (b) by applying an 
        innovative pollution prevention technology (including an 
        innovative production process change, innovative pollution 
        control technology, or innovative recycling method) that meets 
        the requirements of section 301(k), the Administrator or the 
        State, in consultation with the Administrator, in the case of a 
        State which has a pretreatment program approved by the 
        Administrator, upon application of the facility and with the 
        concurrence of the treatment works into which the facility 
        introduces pollutants, may extend the deadlines for compliance 
        with the applicable national categorical pretreatment standards 
        established under this section and make other appropriate 
        modifications to the facility's pretreatment requirements if 
        the Administrator or the State, in consultation with the 
        Administrator, in the case of a State which has a pretreatment 
        program approved by the Administrator determines that--
                    ``(A) the treatment works will require the owner of 
                the source to conduct such tests and monitoring during 
                the period of the modification as are necessary to 
                ensure that the modification does not cause or 
                contribute to a violation by the treatment works under 
                section 402 or a violation of section 405;
                    ``(B) the treatment works will require the owner of 
                the source to report on progress at prescribed 
                milestones during the period of modification to ensure 
                that attainment of the pollution reduction goals and 
                conditions set forth in this section is being achieved; 
                and
                    ``(C) the proposed extensions or modifications will 
                not cause or contribute to any violation of a permit 
                granted to the treatment works under section 402, any 
                violation of section 405, or a pass through of 
                pollutants such that water quality standards are 
                exceeded in the body of water into which the treatment 
                works discharges.
            ``(2) Interim limitations.--A modification granted pursuant 
        to paragraph (1) shall include interim standards that shall 
        apply during the temporary period of the modification and shall 
        be the more stringent of--
                    ``(A) those necessary to ensure that the discharge 
                will not interfere with the operation of the treatment 
                works;
                    ``(B) those necessary to ensure that the discharge 
                will not pass through pollutants at a level that will 
                cause water quality standards to be exceeded in the 
                navigable waters into which the treatment works 
                discharges;
                    ``(C) the limits established in the previously 
                applicable control mechanism, in those cases in which 
                the limit from which a modification is being sought is 
                more stringent than the limit established in a previous 
                control mechanism applicable to such source.
            ``(3) Duration of extensions and modifications.--The 
        extension of the compliance deadlines and the modified 
        pretreatment requirements established pursuant to paragraph (1) 
        shall not extend beyond the period necessary for the owner to 
        install and use the innovative process, technology, or method 
        in full-scale production operation, but in no case shall the 
        compliance extensions and modified requirements extend beyond 3 
        years from the date for compliance with the otherwise 
        applicable standards.
            ``(4) Consequences of failure.--In determining the amount 
        of any civil or administrative penalty pursuant to section 
        309(d) or 309(g) for any pretreatment violations, or violations 
        by a publicly owned treatment works, caused by the unexpected 
        failure of an innovative process, technology, or method, a 
        court or the Administrator, as appropriate, shall reduce, or 
        eliminate, the penalty amount for such violations provided the 
        facility made good-faith efforts both to implement the 
        innovation and to comply with the interim standards and, in the 
        case of a publicly owned treatment works, good-faith efforts 
        were made to implement the pretreatment program.''.

SEC. 303. WATER QUALITY STANDARDS AND IMPLEMENTATION PLANS.

    (a) No Reasonable Relationship.--Section 303(b) (33 U.S.C. 1313(b)) 
is amended by adding at the end the following:
            ``(3) No reasonable relationship.--No water quality 
        standard shall be established under this subsection where there 
        is no reasonable relationship between the costs and anticipated 
        benefits of attaining such standard.''.
    (b) Revision of State Standards.--
            (1) Review of revisions by the administrator.--Section 
        303(c)(1) is amended by striking ``three'' and all that follows 
        through ``1972'' and inserting the following: ``5-year period 
        beginning on the date of the enactment of the Clean Water 
        Amendments of 1995 and, for criteria that are revised by the 
        Administrator pursuant to section 304(a), on or before the 
        180th day after the date of such revision by the 
        Administrator''.
            (2) Factors.--Section 303(c) (33 U.S.C. 1313(c)) is amended 
        by striking paragraph (2)(A) and inserting the following:
            ``(2) State adoption of water quality standards.--
                    ``(A) In general.--
                            ``(i) Submission to administrator.--
                        Whenever the State revises or adopts a new 
                        water quality standard, such standard shall be 
                        submitted to the Administrator.
                            ``(ii) Designated uses and water quality 
                        criteria.--The revised or new standard shall 
                        consist of the designated uses of the navigable 
                        waters involved and the water quality criteria 
                        for such waters based upon such uses.
                            ``(iii) Protection of human health.--The 
                        revised or new standard shall protect human 
                        health and the environment and enhance water 
                        quality.
                            ``(iv) Development of standards.--In 
                        developing revised or new standards, the State 
                        may consider information reasonably available 
                        on the likely social, economic, energy use, and 
                        environmental cost associated with attaining 
                        such standards in relation to the benefits to 
                        be attained. The State may provide a 
                        description of the considerations used in the 
                        establishment of the standards.
                            ``(v) Record of state's review.--The record 
                        of a State's review under paragraph (1) of an 
                        existing standard or adoption of a new standard 
                        that includes water quality criteria issued or 
                        revised by the Administrator after the date of 
                        the enactment of this sentence shall contain 
                        available estimates of costs of compliance with 
                        the water quality criteria published by the 
                        Administrator under section 304(a)(12) and any 
                        comments received by the State on such 
                        estimate.
                            ``(vi) Limitation on statutory 
                        construction.--Nothing in this subsection shall 
                        be construed to limit or delay the use of any 
                        guidance of the Administrator interpreting 
                        water quality criteria to allow the use of a 
                        dissolved metals concentration measurement or 
                        similar adjustment in determining compliance 
                        with a water quality standard or establishing 
                        effluent limitations.''.
    (c) Revision of Designated Uses.--Section 303(c)(2) (33 U.S.C. 
1313(c)(2)) is amended by adding at the end the following:
                    ``(C) Revision of designated uses.--
                            ``(i) Regulations.--After consultation with 
                        State officials and not later than 1 year after 
                        the date of the enactment of this subparagraph, 
                        the Administrator shall propose, and not later 
                        than 2 years after such date of enactment shall 
                        issue, a revision to the Administrator's 
                        regulations regarding designation of uses of 
                        waters by States.
                            ``(ii) Waters not attaining designated 
                        uses.--For navigable waters not attaining 
                        designated uses applicable to such waters for 
                        all pollutants, the Administrator shall 
                        identify conditions that make attainment of the 
                        designated use infeasible and shall allow a 
                        State to modify the designated use if the State 
                        determines that such condition or conditions 
                        are present with respect to a particular 
                        receiving water, or if the State determines 
                        that the costs of achieving the designated use 
                        are not justified by the benefits.
                            ``(iii) Modification of point source 
                        limits.--Notwithstanding any other provision of 
                        this Act, water quality based limits applicable 
                        to point sources may be modified as appropriate 
                        to conform to any modified designated use under 
                        this section.''.
    (d) Consideration of Influence of Exotic Species.--Section 
303(c)(2) is further amended by adding at the end the following:
                    ``(D) Consideration of influence of exotic 
                species.--In establishing, adopting, or reviewing 
                standards or goals based upon fishable or swimmable 
                uses or uses to assure protection or propagation of a 
                balanced population of fish, shellfish, and wildlife, 
                the State or the Administrator shall consider the 
                influence of exotic or introduced species upon such 
                standards, goals, or uses.
                    ``(E) Reclaimed wastewater.--If a State adopts or 
                reviews water quality standards and policies pursuant 
                to this section, the State may consider and balance, in 
                addition to other factors referred to in this section, 
                the need for allowing the discharge of reclaimed 
                wastewater to navigable waters to promote the 
                beneficial use of reclaimed wastewater. In addition, 
                the State may take into consideration and reflect in 
                the standards--
                            ``(i) the use and value of reclaimed 
                        wastewater for public water supplies;
                            ``(ii) the physical, chemical, and 
                        biological conditions that influence water 
                        quality in the area subject to the standards, 
                        including extremes of temperature, water flow, 
                        turbidity, mineralization, salinity, and 
                        flooding; and
                            ``(iii) whether the discharge of reclaimed 
                        wastewater will result in a net environmental 
                        benefit to the watershed subject to the 
                        standards.''.
    (e) Clarification of Mixing Zone Authority.--Section 303 (33 U.S.C. 
1313) is amended by adding at the end the following:
    ``(i) Continuation of Mixing Zones.--Nothing in this Act shall be 
construed to authorize the Administrator to prohibit or discontinue 
mixing zones established by any State for any pollutant or class of 
pollutants.''.
SEC. 304. USE OF BIOLOGICAL MONITORING.

    (a) Laboratory Biological Monitoring Criteria.--Subparagraph (B) of 
section 303(c)(2) (33 U.S.C. 1313(c)(2)) is amended--
            (1) by inserting ``Criteria for toxic pollutants.--'' after 
        ``(B)'';
            (2) by moving such subparagraph 4 ems to the right;
            (3) by inserting after the third sentence the following: 
        ``Criteria for whole effluent toxicity based on laboratory 
        biological monitoring or assessment methods shall employ an 
        aquatic species that is indigenous to the type of waters, a 
        species that is representative of such a species, or an 
        appropriate species that indicates the toxicity of the effluent 
        in the receiving waters and shall take into account the 
        accepted analytical variability associated with such methods in 
        defining an exceedence of such criteria.''.
    (b) Permit Procedures.--Section 402 is amended by adding at the end 
the following:
    ``(q) Biological Monitoring Procedures.--
            ``(1) Responding to exceedances.--If a permit issued under 
        this section contains terms, conditions, or limitations 
        requiring biological monitoring or whole effluent toxicity 
        testing designed to meet criteria for whole effluent toxicity 
        based on laboratory biological monitoring or assessment methods 
        described in section 303(c)(2)(B), the permit shall establish 
        procedures for responding to an exceedance of such criteria 
        that includes analysis, identification, reduction, or, where 
        feasible, elimination of any effluent toxicity. The failure of 
        a biological monitoring test or whole effluent toxicity test 
        shall not result in a finding of a violation under this Act, 
        unless it is demonstrated that the permittee has failed to 
        comply with such procedures.
            ``(2) Discontinuance of use.--The permit shall allow the 
        permittee to discontinue such procedures--
                    ``(A) if the permittee is an entity, other than a 
                publicly owned treatment works, if the permittee 
                demonstrates to the permitting authority through a 
                field bio-assessment study that a balanced and healthy 
                population of aquatic species indigenous to the type of 
                waters exists in the waters that are affected by the 
                discharge, and if the applicable numerical water 
                quality standards for specific pollutants are met for 
                such waters; or
                    ``(B) if the permittee is a publicly owned 
                treatment works--
                            ``(i) if the source or cause of such 
                        toxicity cannot, after thorough investigation, 
                        be identified; or
                            ``(ii) if the permittee makes to the 
                        permitting authority a demonstration described 
                        in subparagraph (A).''.
    (c) Information on Water Quality Criteria.--Section 304(a)(8) (33 
U.S.C. 1314(a)(8)) is amended--
            (1) by striking ``, after'' and all that follows through 
        ``1987,''; and
            (2) by inserting after ``publish'' the following: ``, 
        consistent with section 303(c)(2)(B) of this Act,''.

SEC. 305. ARID AREAS.

    (a) Constructed Water Conveyances.--Section 303(c)(2) (33 U.S.C. 
1313(c)(2)) is amended by adding at the end the following:
                    ``(F) Standards for constructed water 
                conveyances.--
                            ``(i) Relevant factors.--If a State 
                        exercises jurisdiction over constructed water 
                        conveyances in establishing standards under 
                        this section, the State may consider the 
                        following:
                                    ``(I) The existing and planned uses 
                                of water transported in a conveyance 
                                system.
                                    ``(II) Any water quality impacts 
                                resulting from any return flow from a 
                                constructed water conveyance to 
                                navigable waters and the need to 
                                protect downstream users.
                                    ``(III) Management practices 
                                necessary to maintain the conveyance 
                                system.
                                    ``(IV) State or regional water 
                                resources management and water 
                                conservation plans.
                                    ``(V) The authorized purpose for 
                                the constructed conveyance.
                            ``(ii) Relevant uses.--If a State adopts or 
                        reviews water quality standards for constructed 
                        water conveyances, it shall not be required to 
                        establish recreation, aquatic life, or fish 
                        consumption uses for such systems if the uses 
                        are not existing or reasonably foreseeable or 
                        such uses impede the authorized uses of the 
                        conveyance system.''.
    (b) Criteria and Guidance for Ephemeral and Effluent-Dependent 
Streams.--Section 304(a) (33 U.S.C. 1314(a)) is amended by adding at 
the end the following:
            ``(9) Criteria and guidance for ephemeral and effluent-
        dependent streams.--
                    ``(A) Development.--Not later than 2 years after 
                the date of the enactment of this paragraph, and after 
                providing notice and opportunity for public comment, 
                the Administrator shall develop and publish--
                            ``(i) criteria for ephemeral and effluent-
                        dependent streams; and
                            ``(ii) guidance to the States on 
                        development and adoption of water quality 
                        standards applicable to such streams.
                    ``(B) Factors.--The criteria and guidance developed 
                under subparagraph (A) shall take into account the 
                limited ability of ephemeral and effluent-dependent 
                streams to support aquatic life and certain designated 
                uses, shall include consideration of the role the 
                discharge may play in maintaining the flow or level of 
                such waters, and shall promote the beneficial use of 
                reclaimed water pursuant to section 101(a)(10).''.
    (c) Factors Required To Be Considered by Administrator.--Section 
303(c)(4) is amended by adding at the end the following: ``In revising 
or adopting any new standard for ephemeral or effluent-dependent 
streams under this paragraph, the Administrator shall consider the 
factors referred to in section 304(a)(9)(B).''.
    (d) Definitions.--Section 502 (33 U.S.C. 1362) is amended by adding 
at the end the following:
    ``(21) The term `effluent-dependent stream' means a stream or a 
segment thereof--
            ``(A) with respect to which the flow (based on the annual 
        average expected flow, determined by calculating the average 
        mode over a 10-year period) is primarily attributable to the 
        discharge of treated wastewater;
            ``(B) that, in the absence of a discharge of treated 
        wastewater and other primary anthropogenic surface or 
        subsurface flows, would be an ephemeral stream; or
            ``(C) that is an effluent-dependent stream under applicable 
        State water quality standards.
    ``(22) The term `ephemeral stream' means a stream or segments 
thereof that flows periodically in response to precipitation, snowmelt, 
or runoff.
    ``(23) The term `constructed water conveyance' means a manmade 
water transport system constructed for the purpose of transporting 
water in a waterway that is not and never was a natural perennial 
waterway.''.

SEC. 306. TOTAL MAXIMUM DAILY LOADS.

    Section 303(d)(1)(C) (33 U.S.C. 1313(d)(1)(C)) is amended to read 
as follows:
                    ``(C) Total maximum daily loads.--
                            ``(i) State determination of reasonable 
                        progress.--Each State shall establish, to the 
                        extent and according to a schedule the State 
                        determines is necessary to achieve reasonable 
                        progress toward the attainment or maintenance 
                        of water quality standards, for the waters 
                        identified in paragraph (1)(A) of this 
                        subsection, and in accordance with the priority 
                        ranking, the total maximum daily load, for 
                        those pollutants which the Administrator 
                        identifies under section 304(a)(2) as suitable 
                        for such calculation.
                            ``(ii) Phased total maximum daily loads.--
                        Total maximum daily loads may reflect load 
                        reductions the State expects will be realized 
                        over time resulting from anticipated 
                        implementation of best management practices, 
                        storm water controls, or other nonpoint or 
                        point source controls; so long as by December 
                        31, 2015, such loads are established at levels 
                        necessary to implement the applicable water 
                        quality standards with seasonal variations and 
                        a margin of safety.
                            ``(iii) Considerations.--In establishing 
                        each load, the State shall consider the 
                        availability of scientifically valid data and 
                        information, the projected reductions 
                        achievable by control measures or practices for 
                        all sources or categories of sources, and the 
                        relative cost-effectiveness of implementing 
                        such control measures or practices for such 
                        sources.''.
SEC. 307. REVISION OF CRITERIA, STANDARDS, AND LIMITATIONS.

    (a) Revision of Water Quality Criteria.--
            (1) Factors.--Section 304(a)(1) (33 U.S.C. 1314(a)(1)) is 
        amended--
                    (A) by striking ``and (C)'' and inserting ``(C)''; 
                and
                    (B) by striking the period at the end and inserting 
                the following: ``(D) on the organisms that are likely 
                to be present in various ecosystems; (E) on the 
                bioavailability of pollutants under various natural and 
                man induced conditions; (F) on the magnitude, duration, 
                and frequency of exposure reasonably required to induce 
                the adverse effects of concern; and (G) on the 
                bioaccumulation threat presented under various natural 
                conditions.''.
            (2) Certification.--Section 304(a) (33 U.S.C. 1314(a)) is 
        amended by adding at the end the following:
            ``(10) Certification.--
                    ``(A) In general.--Not later than 5 years after the 
                date of the enactment of this paragraph, and at least 
                once every 5 years thereafter, the Administrator shall 
                publish a written certification that the criteria for 
                water quality developed under paragraph (1) reflect the 
                latest and best scientific knowledge.
                    ``(B) Updating of existing criteria.--Not later 
                than 90 days after the date of the enactment of this 
                paragraph, the Administrator shall publish a schedule 
                for updating, by not later than 5 years after the date 
                of the enactment of this paragraph, the criteria for 
                water quality developed under paragraph (1) before the 
                date of the enactment of this subsection.
                    ``(C) Deadline for revision of certain criteria.--
                Not later than 1 year after the date of the enactment 
                of this paragraph, the Administrator shall revise and 
                publish criteria under paragraph (1) for ammonia, 
                chronic whole effluent toxicity, and metals as 
                necessary to allow the Administrator to make the 
                certification under subparagraph (A). In the case of 
                ammonia, the Administrator shall revise the criteria 
                only to the extent that the current criteria are more 
                stringent than necessary to achieve the objectives of 
                this Act. ''.
    (b) Consideration of Certain Contaminants.--Section 304(a) (33 
U.S.C. 1314(a)) is amended by adding at the end the following:
            ``(11) Consideration of certain contaminants.--In 
        developing and revising criteria for water quality criteria 
        under paragraph (1), the Administrator shall consider 
        addressing, at a minimum, each contaminant regulated pursuant 
        to section 1412 of the Public Health Service Act (42 U.S.C. 
        300g-1).''.
    (c) Cost Estimate.--Section 304(a) (33 U.S.C. 1314(a)) is further 
amended by adding at the end the following:
            ``(12) Cost estimate.--Whenever the Administrator issues or 
        revises a criteria for water quality under paragraph (1), the 
        Administrator, after consultation with Federal and State 
        agencies and other interested persons, shall develop and 
        publish an estimate of the costs that would likely be incurred 
        if sources were required to comply with the criteria and an 
        analysis to support the estimate. Such analysis shall meet the 
        requirements relevant to the estimation of costs published in 
        guidance issued under section 324(b).''.
    (d) Revision of Effluent Limitations.--
            (1) Elimination of requirement for annual revision.--
        Section 304(b) (33 U.S.C. 1314(b)) is amended in the matter 
        preceding paragraph (1) by striking ``and, at least annually 
        thereafter,'' and inserting ``and thereafter shall''.
            (2) Special rule.--Section 304(b) (33 U.S.C. 1314(b)) is 
        amended by striking the period at the end of the first sentence 
        and inserting the following: ``; except that guidelines issued 
        under paragraph (1)(A) addressing pollutants identified 
        pursuant to subsection (a)(4) shall not be revised after 
        February 15, 1995, to be more stringent unless such revised 
        guidelines meet the requirements of paragraph (4)(A).''.
    (e) Industrial Publicly Owned Treatment Works.--Section 304(d) (33 
U.S.C. 1314(d)) is amended by adding at the end the following:
            ``(5) Industrial publicly owned treatment works.--
                    ``(A) Guidelines.--Not later than 18 months after 
                the date of the enactment of this paragraph, the 
                Administrator, after consultation with appropriate 
                Federal and State agencies and other interested 
                persons, shall publish guidelines for effluent 
                limitations under section 301 and sludge use and 
                disposal requirements under section 405 applicable to 
                publicly owned treatment works designed to treat a 
                predominance of industrial wastewater. Such guidelines 
                shall take into account differences in constituents, 
                treatability, available technology procedures, and 
                costs resulting from the fact that the publicly owned 
                treatment works treat wastewater and manage sludge 
                derived predominantly from industrial sources.
                    ``(B) Permits.--Following the issuance of 
                guidelines under this paragraph, permits under section 
                402 for such publicly owned treatment works shall be 
                derived using the guidelines issued under this 
                paragraph in lieu of applying the regulations otherwise 
                applicable to publicly owned treatment works 
                promulgated under paragraph (1) of this subsection and 
                section 405(d).''.
    (f) Schedule for Review of Guidelines.--Section 304(m)(1) (33 
U.S.C. 1314(m)(1)) is amended to read as follows:
            ``(1) Publication.--Not later than 1 year after the date of 
        the enactment of the Clean Water Amendments of 1995, the 
        Administrator shall publish in the Federal Register a plan 
        which shall--
                    ``(A) identify categories of sources discharging 
                pollutants for which guidelines under subsection (b)(2) 
                of this section and section 306 have not been 
                previously published;
                    ``(B) establish a schedule for determining whether 
                such discharge presents a significant risk to human 
                health and the environment and whether such risk is 
                sufficient, when compared to other sources of 
                pollutants in navigable waters, to warrant regulation 
                by the Administrator; and
                    ``(C) establish a schedule for issuance of effluent 
                guidelines for those categories identified pursuant to 
                subparagraph (B).''.
    (g) Revision of Pretreatment Requirements.--Section 304(g)(1) (33 
U.S.C. 1314(g)(1)) is amended by striking ``and review at least 
annually thereafter and, if appropriate, revise'' and insert ``and 
thereafter revise, as appropriate,''.
    (h) Central Treatment Facility Exemption.--Section 304 (33 U.S.C. 
1314) is amended by adding at the end the following:
    ``(n) Central Treatment Facility Exemption.--The exemption from 
effluent guidelines for the Iron and Steel Manufacturing Point Source 
Category set forth in section 420.01(b) of title 40, Code of Federal 
Regulations, for the facilities listed in such section shall remain in 
effect for any facility that met the requirements of such section on or 
before July 26, 1982, until the Administrator develops alternative 
effluent guidelines for the facility.''.

SEC. 308. PERSONNEL AND REPORTING.

    ``(a) Permitting Boards.--Section 304(i)(2)(D) (33 U.S.C. 
1314(i)(2)(D)) is amended by striking ``any person'' and all that 
follows through the period at the end and inserting the following: 
``any person (other than a retiree or an employee or official of a 
city, county, or local governmental agency) who receives a significant 
portion of his or her income during the period of service on the board 
or body directly or indirectly from permit holders or applicants for a 
permit).''.
    (b) Reporting.--Section 305(b) (33 U.S.C. 1315(b)) is amended--
            (1) in paragraph (1) by striking the matter preceding 
        subparagraph (A) and inserting ``Not later than 3 years after 
        the date of the enactment of the Clean Water Amendments of 
        1995, and every 5 years thereafter, each State shall prepare 
        and submit to the Administrator a report which shall include--
        ''; and
            (2) by adding at the end the following:
    ``(c) Consolidation of Reporting Requirements.--A State may 
consolidate any of the reporting requirements of this Act that relate 
to ambient water quality into the report required under this 
section.''.

SEC. 309. SECONDARY TREATMENT.

    (a) Coastal Discharges.--Section 304(d) (33 U.S.C. 1314(d)) is 
amended by adding at the end the following:
            ``(6) Coastal discharges.--For purposes of this subsection, 
        any municipal wastewater treatment facility shall be deemed the 
        equivalent of a secondary treatment facility if each of the 
        following requirements is met:
                    ``(A) The facility employs chemically enhanced 
                primary treatment.
                    ``(B) The facility, on the date of the enactment of 
                this paragraph, discharges through an ocean outfall 
                into an open marine environment greater than 4 miles 
                offshore into a depth greater than 300 feet.
                    ``(C) The facility's discharge is in compliance 
                with all local and State water quality standards for 
                the receiving waters.
                    ``(D) The facility's discharge will be subject to 
                an ocean monitoring program acceptable to relevant 
                Federal and State regulatory agencies.''.
    (b) Modification of Secondary Treatment Requirements.--
            (1) In general.--Section 301 (33 U.S.C. 1311) is amended by 
        adding at the end the following:
    ``(s) Modification of Secondary Treatment Requirements.--
            ``(1) In general.--The Administrator, with the concurrence 
        of the State, shall issue a 10-year permit under section 402 
        which modifies the requirements of subsection (b)(1)(B) of this 
        section with respect to the discharge of any pollutant from a 
        publicly owned treatment works into marine waters which are at 
        least 150 feet deep through an ocean outfall which discharges 
        at least 1 mile offshore, if the applicant demonstrates that--
                    ``(A) there is an applicable ocean plan and the 
                facility's discharge is in compliance with all local 
                and State water quality standards for the receiving 
                waters;
                    ``(B) the facility's discharge will be subject to 
                an ocean monitoring program determined to be acceptable 
                by relevant Federal and State regulatory agencies;
                    ``(C) the applicant has an Agency approved 
                pretreatment plan in place; and
                    ``(D) the applicant, at the time such modification 
                becomes effective, will be discharging effluent which 
                has received at least chemically enhanced primary 
                treatment and achieves a monthly average of 75 percent 
                removal of suspended solids.
            ``(2) Discharge of any pollutant into marine waters 
        defined.--For purposes of this subsection, the term `discharge 
        of any pollutant into marine waters' means a discharge into 
        deep waters of the territorial sea or the waters of the 
        contiguous zone, or into saline estuarine waters where there is 
        strong tidal movement.
            ``(3) Deadline.--On or before the 90th day after the date 
        of submittal of an application for a modification under 
        paragraph (1), the Administrator shall issue to the applicant a 
        modified permit under section 402 or a written determination 
        that the application does not meet the terms and conditions of 
        this subsection.
            ``(4) Effect of failure to respond.--If the Administrator 
        does not respond to an application for a modification under 
        paragraph (1) on or before the 90th day referred to in 
        paragraph (3), the application shall be deemed approved and the 
        modification sought by the applicant shall be in effect for the 
        succeeding 10-year period.''.
            (2) Extension of application deadline.--Section 301(j) (33 
        U.S.C. 1311(j)) is amended by adding at the end the following:
            ``(6) Extension of application deadline.--In the 365-day 
        period beginning on the date of the enactment of this 
        paragraph, municipalities may apply for a modification pursuant 
        to subsection (s) of the requirements of subsection (b)(1)(B) 
        of this section.''.
    (c) Modifications for Small System Treatment Technologies.--Section 
301 (33 U.S.C. 1311) is amended by adding at the end the following:
    ``(t) Modifications for Small System Treatment Technologies.--The 
Administrator, with the concurrence of the State, or a State with an 
approved program under section 402 may issue a permit under section 402 
which modifies the requirements of subsection (b)(1)(B) of this section 
with respect to the discharge of any pollutant from a publicly owned 
treatment works serving a community of 10,000 people or fewer if the 
applicant demonstrates to the satisfaction of the Administrator that--
            ``(1) the effluent from such facility originates primarily 
        from domestic users; and
            ``(2) such facility utilizes a properly constructed and 
        operated alternative wastewater treatment system (including 
        recirculating sand filter systems, constructed wetlands, and 
        oxidation lagoons) which is equivalent to secondary treatment 
        or will provide in the receiving waters and watershed an 
        adequate level of protection to human health and the 
        environment and contribute to the attainment of water quality 
        standards.''.
    (d) Puerto Rico.--Section 301 (33 U.S.C. 1311) is further amended 
by adding at the end the following:
    ``(u) Puerto Rico.--
            ``(1) Study by government of puerto rico.--Not later than 3 
        months after the date of the enactment of this section, the 
        Government of Puerto Rico may, after consultation with the 
        Administrator, initiate a study of the marine environment of 
        Anasco Bay off the coast of the Mayaguez region of Puerto Rico 
        to determine the feasibility of constructing a deepwater 
        outfall for the publicly owned treatment works located at 
        Mayaguez, Puerto Rico. Such study shall recommend one or more 
        technically feasible locations for the deepwater outfall based 
        on the effects of such outfall on the marine environment.
            ``(2) Application for modification.--Notwithstanding 
        subsection (j)(1)(A), not later than 18 months after the date 
        of the enactment of this section, an application may be 
        submitted for a modification pursuant to subsection (h) of the 
        requirements of subsection (b)(1)(B) of this section by the 
        owner of the publicly owned treatment works at Mayaguez, Puerto 
        Rico, for a deepwater outfall at a location recommended in the 
        study conducted pursuant to paragraph (1).
            ``(3) Initial determination.--On or before the 90th day 
        after the date of submittal of an application for modification 
        under paragraph (2), the Administrator shall issue to the 
        applicant a draft initial determination regarding the 
        modification of the existing permit.
            ``(4) Final determination.--On or before the 270th day 
        after the date of submittal of an application for modification 
        under paragraph (2), the Administrator shall issue a final 
        determination regarding such modification.
            ``(5) Effectiveness.--If a modification is granted pursuant 
        to an application submitted under this subsection, such 
        modification shall be effective only if the new deepwater 
        outfall is operational within 5 years after the date of the 
        enactment of this subsection. In all other aspects, such 
        modification shall be effective for the period applicable to 
        all modifications granted under subsection (h).
    (e) Anchorage, Alaska.--Section 301 (33 U.S.C. 1311) is further 
amended by adding at the end the following:
    ``(v) Anchorage, Alaska.--The Administrator may grant an 
application for a modification pursuant to subsection (h) with respect 
to the discharge into marine waters of any pollutant from a publicly 
owned treatment works serving Anchorage, Alaska, notwithstanding 
subsection (j)(1)(A) and notwithstanding whether or not the treatment 
provided by such treatment works is adequate to remove at least 30 
percent of the biological oxygen demanding material.''.
SEC. 310. TOXIC POLLUTANTS.

    (a) Toxic Effluent Limitations and Standards.--Section 307(a)(2) 
(33 U.S.C. 1317(a)(2)) is amended--
            (1) by striking ``(2) Each'' and inserting the following:
            ``(2) Toxic effluent limitations and standards.--
                    ``(A) In general.--Each'';
            (2) by moving paragraph (2) 2 ems to the right;
            (3) by indenting subparagraph (A), as so designated, and 
        moving the remaining text of such subparagraph 2 ems further to 
        the right; and
            (4) in subparagraph (A), as so designated, by striking the 
        third sentence; and
            (5) by adding at the end the following:
                    ``(B) Factors.--The published effluent standard (or 
                prohibition) shall take into account--
                            ``(i) the pollutant's persistence, 
                        toxicity, degradability, and bioaccumulation 
                        potential;
                            ``(ii) the magnitude and risk of exposure 
                        to the pollutant, including risks to affected 
                        organisms and the importance of such organisms;
                            ``(iii) the relative contribution of point 
                        source discharges of the pollutant to the 
                        overall risk from the pollutant;
                            ``(iv) the availability of, costs 
                        associated with, and risk posed by substitute 
                        chemicals or processes or the availability of 
                        treatment processes or control technology;
                            ``(v) the beneficial and adverse social and 
                        economic effects of the effluent standard, 
                        including the impact on energy resources;
                            ``(vi) the extent to which effective 
                        control is being or may be achieved in an 
                        expeditious manner under other regulatory 
                        authorities;
                            ``(vii) the impact on national security 
                        interests; and
                            ``(viii) such other factors as the 
                        Administrator considers appropriate.''.
    (b) Beach Water Quality Monitoring.--
            (1) In general.--Section 304 is further amended by adding 
        at the end the following:
    ``(o) Beach Water Quality Monitoring.--After consultation with 
appropriate Federal, State, and local agencies and after providing 
notice and opportunity for public comment, the Administrator shall 
develop and issue, not later than 18 months after the date of the 
enactment of this Act, guidance that States may use in monitoring water 
quality at beaches and issuing health advisories with respect to 
beaches, including testing protocols, recommendations on frequency of 
testing and monitoring, recommendations on pollutants for which 
monitoring and testing should be conducted, and recommendations on when 
health advisories should be issued. Such guidance shall be based on the 
best available scientific information and be sufficient to protect 
public health and safety in the case of any reasonably expected 
exposure to pollutants as a result of swimming or bathing.''.
            (2) Reports.--Section 516(a) (33 U.S.C. 1375(a)) is amended 
        by striking ``and (9)'' and inserting ``(9) the monitoring 
        conducted by States on the water quality of beaches and the 
        issuance of health advisories with respect to beaches, and 
        (10)''.
    (c) Fish Consumption Advisories.--Any fish consumption advisories 
issued by the Administrator shall be based upon the protocols, 
methodology, and findings of the Food and Drug Administration.
SEC. 311. LOCAL PRETREATMENT AUTHORITY.

    Section 307 (33 U.S.C. 1317) is amended by adding at the end the 
following new subsection:
    ``(f) Local Pretreatment Authority.--
            ``(1) Demonstration.--If, to carry out the purposes 
        identified in paragraph (2), a publicly owned treatment works 
        with an approved pretreatment program demonstrates to the 
        satisfaction of the Administrator, or a State with an approved 
        program under section 402, that--
                    ``(A) such publicly owned treatment works is in 
                compliance, and is likely to remain in compliance, with 
                its permit under section 402, including applicable 
                effluent limitations and narrative standards;
                    ``(B) such publicly owned treatment works is in 
                compliance, and is likely to remain in compliance, with 
                applicable air emission limitations;
                    ``(C) biosolids produced by such publicly owned 
                treatment works meet beneficial use requirements under 
                section 405;
                    ``(D) such publicly owned treatment works is likely 
                to continue to meet all applicable State requirements; 
                and
                    ``(E) local limits established by such treatment 
                works in its approved pretreatment program are 
                preventing and will continue to prevent the 
                introduction of pollutants into such treatment works 
                that interfere with, pass through, or are otherwise 
                incompatible with such treatment works;
        the approved pretreatment program shall be modified to allow 
        the publicly owned treatment works to apply approved local 
        limits in lieu of categorical pretreatment standards 
        promulgated under this section.
            ``(2) Purposes.--The publicly owned treatment works may 
        make the demonstration to the Administrator or the State, as 
        the case may be, to apply approved local limits in lieu of 
        categorical pretreatment standards, as the treatment works 
        deems necessary, for the purposes of--
                    ``(A) reducing the administrative burden associated 
                with the designation of an `industrial user' as a 
                `categorical industrial user'; or
                    ``(B) eliminating additional redundant or 
                unnecessary treatment by industrial users which has 
                little or no environmental benefit.
            ``(3) Limitations.--
                    ``(A) Significant noncompliance.--The publicly 
                owned treatment works may not apply local limits in 
                lieu of categorical pretreatment standards to any 
                industrial user which is in significant noncompliance 
                (as defined by the Administrator) with its approved 
                pretreatment program.
                    ``(B) Procedures.--A demonstration to the 
                Administrator or the State under paragraph (1) must be 
                made under the procedures for pretreatment program 
                modification provided under this section and section 
                402.
            ``(4) Annual review.--
                    ``(A) Demonstration relating to ability to meet 
                criteria.--As part of the annual pretreatment report of 
                the publicly owned treatment works to the Administrator 
                or State, the treatment works shall demonstrate that 
                application of local limits in lieu of categorical 
                pretreatment standards has not resulted in the 
                inability of the treatment works to meet the criteria 
                of paragraph (1).
                    ``(B) Termination of authority.--If the 
                Administrator or State determines that application of 
                local limits in lieu of categorical pretreatment 
                standards has resulted in the inability of the 
                treatment works to meet the criteria of paragraph (1), 
                the authority of a publicly owned treatment works under 
                this section shall be terminated and any affected 
                industrial user shall have a reasonable period of time 
                to be determined by the Administrator or State, but not 
                to exceed 2 years, to come into compliance with any 
                otherwise applicable requirements of this Act.''.
SEC. 312. COMPLIANCE WITH MANAGEMENT PRACTICES.

    Section 307 (33 U.S.C. 1317) is amended by adding at the end the 
following:
    ``(g) Compliance With Management Practices.--
            ``(1) Special rule.--The Administrator or a State with a 
        permit program approved under section 402 may allow any person 
        that introduces silver into a publicly owned treatment works to 
        comply with a code of management practices with respect to the 
        introduction of silver into the treatment works for a period 
        not to exceed 5 years beginning on the date of the enactment of 
        this subsection in lieu of complying with any pretreatment 
        requirement (including any local limit) based on an effluent 
        limitation for the treatment works derived from a water quality 
        standard for silver--
                    ``(A) if the treatment works has accepted the code 
                of management practices;
                    ``(B) if the code of management practices meets the 
                requirements of paragraph (2); and
                    ``(C) if the facility is--
                            ``(i) part of a class of facilities for 
                        which the code of management practices has been 
                        approved by the Administrator or the State;
                            ``(ii) in compliance with a mass limitation 
                        or concentration level for silver attainable 
                        with the application of the best available 
                        technology economically achievable for such 
                        facilities, as established by the Administrator 
                        after a review of the treatment and management 
                        practices of such class of facilities; and
                            ``(iii) implementing the code of management 
                        practices.
            ``(2) Code of management practices.--A code of management 
        practices meets the requirements of this paragraph if the code 
        of management practices--
                    ``(A) is developed and adopted by representatives 
                of industry and publicly owned treatment works of major 
                urban areas;
                    ``(B) is approved by the Administrator or the 
                State, as the case may be;
                    ``(C) reflects acceptable industry practices to 
                minimize the amount of silver introduced into publicly 
                owned treatment works or otherwise entering the 
                environment from the class of facilities for which the 
                code of management practices is approved; and
                    ``(D) addresses, at a minimum--
                            ``(i) the use of the best available 
                        technology economically achievable, based on a 
                        review of the current state of such technology 
                        for such class of facilities and of the 
                        effluent guidelines for such facilities;
                            ``(ii) water conservation measures 
                        available to reduce the total quantity of 
                        discharge from such facilities to publicly 
                        owned treatment works;
                            ``(iii) opportunities to recover silver 
                        (and other pollutants) from the waste stream 
                        prior to introduction into a publicly owned 
                        treatment works; and
                            ``(iv) operating and maintenance practices 
                        to minimize the amount of silver introduced 
                        into publicly owned treatment works and to 
                        assure consistent performance of the management 
                        practices and treatment technology specified 
                        under this paragraph.
            ``(3) Interim extension for potws receiving silver.--In any 
        case in which the Administrator or a State with a permit 
        program approved under section 402 allows under paragraph (1) a 
        person to comply with a code of management practices for a 
        period of not to exceed 5 years in lieu of complying with a 
        pretreatment requirement (including a local limit) for silver, 
        the Administrator or State, as applicable, shall modify the 
        permit conditions and effluent limitations for any affected 
        publicly owned treatment works to defer for such period 
        compliance with any effluent limitation derived from a water 
        quality standard for silver beyond that required by section 
        301(b)(2), notwithstanding the provisions of section 303(d)(4) 
        and 402(o), if the Administrator or the State, as applicable, 
        finds that--
                    ``(A) the quality of any affected waters and the 
                operation of the treatment works will be adequately 
                protected during such period by implementation of the 
                code of management practices and the use of best 
                technology economically achievable by persons 
                introducing silver into the treatment works;
                    ``(B) the introduction of pollutants into such 
                treatment works is in compliance with paragraphs (1) 
                and (2); and
                    ``(C) a program of enforcement by such treatment 
                works and the State ensures such compliance.''.
SEC. 313. FEDERAL ENFORCEMENT.

    (a) Adjustment of Penalties.--Section 309 (33 U.S.C. 1319) is 
amended by adding at the end the following:
    ``(h) Adjustment of Monetary Penalties for Inflation.--
            ``(1) In general.--Not later than 4 years after the date of 
        the enactment of this subsection, and at least once every 4 
        years thereafter, the Administrator shall adjust each monetary 
        penalty provided by this section in accordance with paragraph 
        (2) and publish such adjustment in the Federal Register.
            ``(2) Method.--An adjustment to be made pursuant to 
        paragraph (1) shall be determined by increasing or decreasing 
        the maximum monetary penalty or the range of maximum monetary 
        penalties, as appropriate, by multiplying the cost-of-living 
        adjustment and the amount of such penalty.
            ``(3) Cost-of-living adjustment defined.--In this 
        subsection, the term `cost-of-living' adjustment means the 
        percentage (if any) for each monetary penalty by which--
                    ``(A) the Consumer Price Index for the month of 
                June of the calendar year preceding the adjustment; is 
                greater or less than
                    ``(B) the Consumer Price Index for--
                            ``(i) with respect to the first adjustment 
                        under this subsection, the month of June of the 
                        calendar year preceding the date of the 
                        enactment of this subsection; and
                            ``(ii) with respect to each subsequent 
                        adjustment under this subsection, the month of 
                        June of the calendar year in which the amount 
                        of such monetary penalty was last adjusted 
                        under this subsection.
            ``(4) Rounding.--In making adjustments under this 
        subsection, the Administrator may round the dollar amount of a 
        penalty, as appropriate.
            ``(5) Applicability.--Any increase or decrease to a 
        monetary penalty resulting from this subsection shall apply 
        only to violations which occur after the date any such increase 
        takes effect.''.
    (b) Joining States as Parties in Actions Involving 
Municipalities.--Section 309(e) (33 U.S.C. 1319(e)) is amended by 
striking ``shall be joined as a party. Such State'' and inserting ``may 
be joined as a party. Any State so joined as a party''.
SEC. 314. RESPONSE PLANS FOR DISCHARGES OF OIL OR HAZARDOUS SUBSTANCES.

    (a) In General.--The requirements of section 311(j)(5) of the 
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)) shall not 
apply with respect to--
            (1) a municipal or industrial treatment works at which no 
        greater than a de minimis quantity of oil or hazardous 
        substances is stored; or
            (2) a facility that stores process water mixed with a de 
        minimis quantity of oil.
    (b) Regulations.--The President shall issue regulations clarifying 
the meaning of the term ``de minimis quantity of oil or hazardous 
substances'' as used in this section.

SEC. 315. MARINE SANITATION DEVICES.

    Section 312(c)(1)(A) (33 U.S.C. 1322(c)(1)(A)) is amended by adding 
at the end the following: ``Not later than 2 years after the date of 
the enactment of this sentence, and at least once every 5 years 
thereafter, the Administrator, in consultation with the Secretary of 
the Department in which the Coast Guard is operating and after 
providing notice and opportunity for public comment, shall review such 
standards and regulations to take into account improvements in 
technology relating to marine sanitation devices and based on such 
review shall make such revisions to such standards and regulations as 
may be necessary.''.
SEC. 316. FEDERAL FACILITIES.

    (a) Application of Certain Provisions.--Section 313(a) (33 U.S.C. 
1323(a)) is amended by striking all preceding subsection (b) and 
inserting the following:
``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

    ``(a) Applicability of Federal, State, Interstate, and Local 
Laws.--
            ``(1) In general.--Each department, agency, or 
        instrumentality of the executive, legislative, and judicial 
        branches of the Federal Government--
                    ``(A) having jurisdiction over any property or 
                facility, or
                    ``(B) engaged in any activity resulting, or which 
                may result, in the discharge of pollutants,
        and each officer, agent, or employee thereof in the performance 
        of his official duties, shall be subject to, and comply with, 
        all Federal, State, interstate, and local requirements, 
        administrative authority, and process and sanctions respecting 
        the control and abatement of water pollution in the same manner 
        and to the same extent as any nongovernmental entity, including 
        the payment of reasonable service charges.
            ``(2) Types of actions covered.--Paragraph (1) shall 
        apply--
                    ``(A) to any requirement whether substantive or 
                procedural (including any recordkeeping or reporting 
                requirement, any requirement respecting permits, and 
                any other requirement),
                    ``(B) to the exercise of any Federal, State, or 
                local administrative authority, and
                    ``(C) to any process and sanction, whether enforced 
                in Federal, State, or local courts or in any other 
                manner.
            ``(3) Penalties and fines.--The Federal, State, interstate, 
        and local substantive and procedural requirements, 
        administrative authority, and process and sanctions referred to 
        in paragraph (1) include all administrative orders and all 
        civil and administrative penalties and fines, regardless of 
        whether such penalties or fines are punitive or coercive in 
        nature or are imposed for isolated, intermittent, or continuing 
        violations.
            ``(4) Sovereign immunity.--
                    ``(A) Waiver.--The United States hereby expressly 
                waives any immunity otherwise applicable to the United 
                States with respect to any requirement, administrative 
                authority, and process and sanctions referred to in 
                paragraph (1) (including any injunctive relief, any 
                administrative order, any civil or administrative 
                penalty or fine referred to in paragraph (3), or any 
                reasonable service charge).
                    ``(B) Processing fees.--The reasonable service 
                charges referred to in this paragraph include fees or 
                charges assessed in connection with the processing and 
                issuance of permits, renewal of permits, amendments to 
                permits, review of plans, studies, and other documents, 
                and inspection and monitoring of facilities, as well as 
                any other nondiscriminatory charges that are assessed 
                in connection with a Federal, State, interstate, or 
                local water pollution regulatory program.
            ``(5) Exemptions.--
                    ``(A) General authority of president.--The 
                President may exempt any effluent source of any 
                department, agency, or instrumentality in the executive 
                branch from compliance with any requirement to which 
                paragraph (1) applies if the President determines it to 
                be in the paramount interest of the United States to do 
                so; except that no exemption may be granted from the 
                requirements of section 306 or 307 of this Act.
                    ``(B) Limitation.--No exemptions shall be granted 
                under subparagraph (A) due to lack of appropriation 
                unless the President shall have specifically requested 
                such appropriation as a part of the budgetary process 
                and the Congress shall have failed to make available 
                such requested appropriation.
                    ``(C) Time period.--Any exemption under 
                subparagraph (A) shall be for a period not in excess of 
                1 year, but additional exemptions may be granted for 
                periods of not to exceed 1 year upon the President's 
                making a new determination.
                    ``(D) Military property.--In addition to any 
                exemption of a particular effluent source, the 
                President may, if the President determines it to be in 
                the paramount interest of the United States to do so, 
                issue regulations exempting from compliance with the 
                requirements of this section any weaponry, equipment, 
                aircraft, vessels, vehicles, or other classes or 
                categories of property, and access to such property, 
                which are owned or operated by the Armed Forces of the 
                United States (including the Coast Guard) or by the 
                National Guard of any State and which are uniquely 
                military in nature. The President shall reconsider the 
                need for such regulations at 3-year intervals.
                    ``(E) Reports.--The President shall report each 
                January to the Congress all exemptions from the 
                requirements of this section granted during the 
                preceding calendar year, together with the President's 
                reason for granting such exemption.
            ``(6) Venue.--Nothing in this section shall be construed to 
        prevent any department, agency, or instrumentality of the 
        Federal Government, or any officer, agent, or employee thereof 
        in the performance of official duties, from removing to the 
        appropriate Federal district court any proceeding to which the 
        department, agency, or instrumentality or officer, agent, or 
        employee thereof is subject pursuant to this section, and any 
        such proceeding may be removed in accordance with chapter 89 of 
        title 28, United States Code.
            ``(7) Personal liability of federal employees.--No agent, 
        employee, or officer of the United States shall be personally 
        liable for any civil penalty under any Federal, State, 
        interstate, or local water pollution law with respect to any 
        act or omission within the scope of the official duties of the 
        agent, employee, or officer.
            ``(8) Criminal sanctions.--An agent, employee, or officer 
        of the United States shall be subject to any criminal sanction 
        (including any fine or imprisonment) under any Federal or State 
        water pollution law, but no department, agency, or 
        instrumentality of the executive, legislative, or judicial 
        branch of the Federal Government shall be subject to any such 
        sanction.''.
    (b) Funds Collected by a State.--Section 313 (33 U.S.C. 1323) is 
further amended by adding at the end the following:
    ``(c) Limitation on State Use of Funds.--Unless a State law in 
effect on the date of the enactment of this subsection or a State 
constitution requires the funds to be used in a different manner, all 
funds collected by a State from the Federal Government in penalties and 
fines imposed for the violation of a substantive or procedural 
requirement referred to in subsection (a) shall be used by a State only 
for projects designed to improve or protect the environment or to 
defray the costs of environmental protection or enforcement.''.
    (c) Enforcement.--Section 313 is further amended by adding at the 
end the following:
    ``(d) Federal Facility Enforcement.--
            ``(1) Administrative enforcement by epa.--The Administrator 
        may commence an administrative enforcement action against any 
        department, agency, or instrumentality of the executive, 
        legislative, or judicial branch of the Federal Government 
        pursuant to the enforcement authorities contained in this Act.
            ``(2) Procedure.--The Administrator shall initiate an 
        administrative enforcement action against a department, agency, 
        or instrumentality under this subsection in the same manner and 
        under the same circumstances as an action would be initiated 
        against any other person under this Act. The amount of any 
        administrative penalty imposed under this subsection shall be 
        determined in accordance with section 309(d) of this Act.
            ``(3) Voluntary settlement.--Any voluntary resolution or 
        settlement of an action under this subsection shall be set 
        forth in an administrative consent order.
            ``(4) Conferral with epa.--No administrative order issued 
        to a department, agency, or instrumentality under this section 
        shall become final until such department, agency, or 
        instrumentality has had the opportunity to confer with the 
        Administrator.''.
    (d) Limitation on Actions and Right of Intervention.--Section 313 
is further amended by adding at the end the following:
    ``(e) Limitation on Actions and Right of Intervention.--Any 
violation with respect to which the Administrator has commenced and is 
diligently prosecuting an action under this subsection, or for which 
the Administrator has issued a final order and the violator has either 
paid a penalty or fine assessed under this subsection or is subject to 
an enforceable schedule of corrective actions, shall not be the subject 
of an action under section 505 of this Act. In any action under this 
subsection, any citizen may intervene as a matter of right.''.
    (e) Definition of Person.--Section 502(5) (33 U.S.C. 1362(5)) is 
amended by inserting before the period at the end the following: ``and 
includes any department, agency, or instrumentality of the United 
States''.
    (f) Definition of Radioactive Materials.--Section 502 (33 U.S.C. 
1362) is amended by adding at the end the following:
    ``(24) The term `radioactive materials' includes source materials, 
special nuclear materials, and byproduct materials (as such terms are 
defined under the Atomic Energy Act of 1954) which are used, produced, 
or managed at facilities not licensed by the Nuclear Regulatory 
Commission; except that such term does not include any material which 
is discharged from a vessel or other facility covered by Executive 
Order 12344 (42 U.S.C. 7158 note; relating to the Naval Nuclear 
Propulsion Program).''.
    (g) Conforming Amendments.--Section 313(b) (33 U.S.C. 1323(b)) is 
amended--
            (1) by striking ``(b)(1)'' and inserting the following:
    ``(b) Wastewater Facilities.--
            ``(1) Cooperation for use of wastewater control systems.--
        '';
            (2) in paragraph (2) by inserting ``Limitation on 
        construction.--'' before ``Construction''; and
            (3) by moving paragraphs (1) and (2) 2 ems to the right.
    (h) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall only apply to 
violations occurring after such date of enactment.
SEC. 317. CLEAN LAKES.
    (a) Priority Lakes.--Section 314(d)(2) (33 U.S.C. 1324(d)(2)) is 
amended by inserting ``Paris Twin Lakes, Illinois; Otsego Lake, New 
York; Raystown Lake, Pennsylvania;'' after ``Minnesota;''.
    (b) Funding.--Section 314 (33 U.S.C. 1324) is amended by adding at 
the end the following:
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 per fiscal year for 
each of fiscal years 1996 through 2000.''.
SEC. 318. COOLING WATER INTAKE STRUCTURES.

    Section 316(b) (33 U.S.C. 1326(b)) is amended--
            (1) by inserting after ``(b)'' the following: ``Regulation 
        of Cooling Water Intake Structures.--'';
            (2) by inserting before ``Any'' the following: ``(1) In 
        general.--'';
            (3) by indenting paragraph (1), as designated by paragraph 
        (2) of this section, and moving such paragraph 2 ems to the 
        right; and
            (4) by adding at the end the following:
            ``(2) Intake structure considerations.--
                    ``(A) In general.--The Administrator shall require 
                the application of the best technology available to new 
                and existing cooling water intake structures in 
                instances where the Administrator has determined that 
                such a structure is having or could have a significant 
                adverse impact on the aquatic environment.
                    ``(B) New intake structure.--In identifying the 
                best technology available for any new cooling water 
                intake structure pursuant to subparagraph (A), the 
                Administrator shall consider, at a minimum, the 
                following:
                            ``(i) The relative technological, 
                        engineering, and economic feasibility of 
                        available intake structure technologies for 
                        minimizing adverse impacts to the aquatic 
                        environment.
                            ``(ii) The relative technological, 
                        engineering, and economic feasibility of 
                        available alternatives as to the location, 
                        design, construction, and capacity of the 
                        intake structure.
                            ``(iii) The relative environmental, social, 
                        and economic costs and benefits of available 
                        technologies and alternatives identified 
                        pursuant to this subparagraph or subparagraph 
                        (D).
                            ``(iv) The projected useful life of the 
                        point source at which the new cooling water 
                        intake structure is located.
                    ``(C) Existing intake structures.--In identifying 
                the best technology available for an existing cooling 
                water intake structure pursuant to subparagraph (A), 
                the Administrator shall consider, at a minimum, the 
                following:
                            ``(i) The relative technological, 
                        engineering, and economic feasibility of 
                        reasonably available intake structure retrofit 
                        technologies for minimizing adverse impacts to 
                        the aquatic environment.
                            ``(ii) The relative environmental, social, 
                        and economic costs and benefits of available 
                        technologies and alternatives identified 
                        pursuant to this subparagraph or subparagraph 
                        (D).
                            ``(iii) The projected remaining useful life 
                        of the point source at which the existing 
                        cooling water intake structure is located.
                    ``(D) Consideration of alternatives.--In 
                identifying the best technology available for any new 
                or existing cooling water intake structure, the 
                Administrator shall consider environmental enhancements 
                or any other technique that the owner or operator has 
                identified as appropriate alternatives for minimizing 
                adverse impacts to the aquatic environment.
            ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) New cooling water intake structure.--The term 
                `new cooling water intake structure' means any intake 
                structure the construction of which commences after the 
                publication of final regulations implementing this 
                subsection.
                    ``(B) Existing cooling water intake structure.--The 
                term `existing cooling water intake structure' means 
                any intake structure that is not a new cooling water 
                intake structure.''.

SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.

    (a) State Assessment Report.--
            (1) Contents.--Section 319(a)(1)(C) (33 U.S.C. 
        1329(a)(1)(C)) is amended by striking ``best management 
        practices and''.
            (2) Information used in preparation.--Section 319(a)(2) is 
        amended--
                    (A) by inserting ``, reviewing, and revising'' 
                after ``developing''; and
                    (B) by striking ``section'' the first place it 
                appears and inserting ``subsection''.
            (3) Review and revision.--Section 319(a) is amended by 
        adding at the end the following:
            ``(3) Review and revision.--Not later than 18 months after 
        the date of the enactment of the Clean Water Amendments of 
        1995, and every 5 years thereafter, the State shall review, 
        revise, and submit to the Administrator the report required by 
        this subsection.''.
    (b) State Management Program.--
            (1) Term of program.--Section 319(b)(1) is amended by 
        striking ``four'' and inserting ``5''.
            (2) Contents.--Section 319(b)(2) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``best'';
                            (ii) by striking ``paragraph (1)(B)'' and 
                        inserting ``subsection (a)(1)(B)''; and
                            (iii) by inserting ``and measure'' after 
                        ``practice'';
                    (B) in subparagraph (B)--
                            (i) by striking ``nonregulatory or 
                        regulatory programs for enforcement,'' and 
                        inserting ``one or more of the following: 
                        voluntary programs, incentive-based programs, 
                        regulatory programs, enforceable policies and 
                        mechanisms, State management programs approved 
                        under section 306 of the Coastal Zone 
                        Management Act of 1972,''; and
                            (ii) by striking ``achieve implementation'' 
                        and all that follows before the period and 
                        inserting ``manage categories, subcategories, 
                        or particular nonpoint sources to the degree 
                        necessary to provide for reasonable further 
                        progress toward the goal of attaining water 
                        quality standards within 15 years of approval 
                        of the State program for those waters 
                        identified under subsection (a)(1)(A)'';
                    (C) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) A schedule containing interim goals and 
                milestones for making reasonable progress toward the 
                attainment of standards, which may be demonstrated by 
                one or any combination of the following: improvements 
                in water quality (including biological indicators), 
                documented implementation of voluntary nonpoint source 
                control practices and measures, and adoption of 
                enforceable policies and mechanisms.'';
                    (D) in subparagraph (D) by striking ``A 
                certification of'' and inserting ``After the date of 
                the enactment of the Clean Water Amendments of 1995, a 
                certification by''; and
                    (E) by adding at the end the following:
                    ``(G) A description of the monitoring or other 
                assessment which will be carried out under the program 
                for the purposes of monitoring and assessing the 
                effectiveness of the program, including the attainment 
                of interim goals and milestones.
                    ``(H) An identification of activities on Federal 
                lands in the State that are inconsistent with the State 
                management program.
                    ``(I) An identification of goals and milestones for 
                progress in attaining water quality standards, 
                including a projected date for attaining such standards 
                as expeditiously as practicable but not later than 15 
                years after the date of approval of the State program 
                for each of the waters listed pursuant to subsection 
                (a).''.
            (3) Utilization of local and private experts.--Section 
        319(b)(3) is amended by inserting before the period at the end 
        the following: ``, including academic institutions, private 
        industry experts, and other individual experts in water 
        resource conservation and planning''.
            (4) New technologies; use of resources; agricultural 
        programs.--Section 319(b) is amended by adding at the end the 
        following:
            ``(5) Recognition of new technologies.--In developing and 
        implementing a management program under this subsection, a 
        State may recognize and utilize new practices, technologies, 
        processes, products, and other alternatives.
            ``(6) Efficient and effective use of resources.--In 
        developing and implementing a management program under this 
        subsection, a State may recognize and provide for a methodology 
        which takes into account situations in which management 
        measures used to control one pollutant have an adverse impact 
        with respect to another pollutant. The methodology should 
        encourage the balanced combination of measures which best 
        address the various impairments on the watershed or site.
            ``(7) Recognition of agricultural programs.--Any 
        agricultural producer who has voluntarily developed and is 
        implementing an approved whole farm or ranch natural resources 
        management plan shall be considered to be in compliance with 
        the requirements of a State program developed under this 
        section--
                    ``(A) if such plan has been developed under a 
                program subject to a memorandum of agreement between 
                the Chief of the Natural Resources Conservation Service 
                and the Governor, or their respective designees; and
                    ``(B) if such memorandum of agreement specifies--
                            ``(i) the scope and content of the Natural 
                        Resources Conservation Service program (not an 
                        individual farm or ranch plan) in the State or 
                        regions of the State;
                            ``(ii) the terms of approval, 
                        implementation, and duration of a voluntary 
                        farm or ranch plan for agricultural producers;
                            ``(iii) the responsibilities for assessing 
                        implementation of voluntary whole farm and 
                        ranch natural resource management plans; and
                            ``(iv) the duration of such memorandum of 
                        agreement.
        At a minimum, such memorandum of agreement shall be reviewed 
        and may be revised every 5 years, as part of the State review 
        of its management program under this section.''.
    (c) Submission of Management Programs.--Paragraph (2) of section 
319(c) is amended to read as follows:
            ``(2) Time period for submission of management programs.--
        Each management program shall be submitted to the Administrator 
        within 30 months of the issuance by the Administrator of the 
        final guidance under subsection (o) and every 5 years 
        thereafter. Each program submission after the initial 
        submission following the date of the enactment of the Clean 
        Water Amendments of 1995 shall include a demonstration of 
        reasonable further progress toward the goal of attaining water 
        quality standards within 15 years of approval of the State 
        program, including documentation of the degree to which the 
        State has achieved the interim goals and milestones contained 
        in the previous program submission. Such demonstration shall 
        take into account the adequacy of Federal funding under this 
        section.''.
    (d) Approval and Disapproval of Reports and Management Programs.--
            (1) Deadline.--Section 319(d)(1) is amended by inserting 
        ``or revised report'' after ``any report''.
            (2) Disapproval.--Section 319(d)(2) is amended--
                    (A) in subparagraph (B) by inserting before the 
                semicolon the following: ``; except that such program 
                or portion shall not be disapproved solely because the 
                program or portion does not include enforceable 
                policies or mechanisms'';
                    (B) in subparagraph (D) by striking ``are not 
                adequate'' and all that follows before the semicolon 
                and inserting the following: ``will not result in 
                reasonable further progress toward the attainment of 
                applicable water quality standards under section 303 as 
                expeditiously as possible but not later than 15 years 
                after approval of the State program''; and
                    (C) in the text following subparagraph (D)--
                            (i) by striking ``3 months'' and inserting 
                        ``6 months''; and
                            (ii) by inserting ``or portion thereof'' 
                        before ``within three months of receipt''.
            (3) Failure to submit report.--Section 319(d)(3) is 
        amended--
                    (A) by striking ``the report'' and inserting ``a 
                report or revised report'';
                    (B) by striking ``30 months'' and inserting ``18 
                months''; and
                    (C) by striking ``of the enactment of this 
                section'' and inserting ``on which such report is 
                required to be submitted under subsection (a)''.
            (4) Program management by the administrator.--Section 
        319(d) is amended by adding at the end the following:
            ``(4) Failure of state to submit program.--
                    ``(A) Program management by the administrator.--If 
                a State fails to submit a management program or revised 
                management program under subsection (b) or the 
                Administrator disapproves such management program, the 
                Administrator shall prepare and implement a management 
                program for controlling pollution added from nonpoint 
                sources to the navigable waters within the State and 
                improving the quality of such waters in accordance with 
                subsection (b).
                    ``(B) Notice and hearing.--If the Administrator 
                intends to disapprove a program submitted by a State, 
                the Administrator shall first notify the Governor of 
                the State in writing of the modifications necessary to 
                meet the requirements of this section. The 
                Administrator shall provide adequate public notice and 
                an opportunity for a public hearing for all interested 
                parties.
                    ``(C) State revision of its program.--If, after 
                taking into account the level of funding actually 
                provided as compared with the level authorized under 
                subsection (j), the Administrator determines that a 
                State has failed to demonstrate reasonable further 
                progress toward the attainment of water quality 
                standards as required, the State shall revise its 
                program within 12 months of that determination in a 
                manner sufficient to achieve attainment of applicable 
                water quality standards by the deadline established by 
                this Act. If a State fails to make such a program 
                revision or the Administrator disapproves such a 
                revision, the Administrator shall prepare and implement 
                a nonpoint source management program for the State.''.
    (e) Technical Assistance.--Section 319(f) is amended by inserting 
``and implementing'' after ``developing''.
    (f) Grant Program.--
            (1) In general.--Section 319(h)(1) is amended--
                    (A) by amending the paragraph heading to read as 
                follows: ``Grants for preparation and implementation of 
                reports and management programs.--'';
                    (B) by striking ``for which a report submitted 
                under subsection (a) and a management program submitted 
                under subsection (b) is approved under this section'';
                    (C) by striking ``the Administrator shall make 
                grants'' and inserting ``the Administrator may make 
                grants under this subsection'';
                    (D) by striking ``under this subsection to such 
                State'' and inserting ``to such State'';
                    (E) by striking ``implementing such management 
                program'' and inserting ``preparing a report under 
                subsection (a) and in preparing and implementing a 
                management program under subsection (b)'';
                    (F) by inserting after the first sentence the 
                following: ``Grants for implementation of such 
                management program may be made only after such report 
                and management program are approved under this 
                section.''; and
                    (G) by adding at the end the following: ``The 
                Administrator is authorized to provide funds to a State 
                if necessary to implement an approved portion of a 
                State program or, with the approval of the Governor of 
                the State, to implement a component of a federally 
                established program. The Administrator may continue to 
                make grants to any State with an program approved on 
                the day before the date of the enactment of the Clean 
                Water Amendments of 1995 until the Administrator 
                withdraws the approval of such program or the State 
                fails to submit a revision of such program in 
                accordance with subsection (c)(2).''.
            (2) Federal share.--Section 319(h)(3) is amended--
                    (A) by striking ``management program implemented'' 
                and inserting ``report prepared and management program 
                prepared and implemented'';
                    (B) by striking ``60 percent'' and inserting ``75 
                percent'';
                    (C) by striking ``implementing such management 
                program'' and inserting ``preparing such report and 
                preparing and implementing such management program''; 
                and
                    (D) by inserting ``of program implementation'' 
                after ``non-Federal share''.
            (3) Limitation on grant amounts.--Section 319(h)(4) is 
        amended--
                    (A) by inserting before the first sentence the 
                following: ``The Administrator shall establish, after 
                consulting with the States, maximum and minimum grants 
                for any fiscal year to promote equity between States 
                and effective nonpoint source management.''; and
                    (B) by adding at the end the following: ``The 
                minimum percentage of funds allocated to each State 
                shall be 0.5 percent of the amount appropriated.''.
            (4) Allocation of grant funds.--Paragraph (5) of section 
        319(h) is amended to read as follows:
            ``(5) Allocation of grant funds.--Grants under this section 
        shall be allocated to States with approved programs in a fair 
        and equitable manner and be based upon rules and regulations 
        promulgated by the Administrator which shall take into account 
        the extent and nature of the nonpoint sources of pollution in 
        each State and other relevant factors.''.
            (5) Use of funds.--Paragraph (7) of section 319(h) is 
        amended to read as follows:
            ``(7) Use of funds.--A State may use grants made available 
        to the State pursuant to this section for activities relating 
        to nonpoint source water pollution control, including--
                    ``(A) providing financial assistance with respect 
                to those activities whose principal purpose is 
                protecting and improving water quality;
                    ``(B) assistance related to the cost of preparing 
                or implementing the State management program;
                    ``(C) providing incentive grants to individuals to 
                implement a site-specific water quality plan in amounts 
                not to exceed 75 percent of the cost of the project 
                from all Federal sources;
                    ``(D) land acquisition or conservation easements 
                consistent with a site-specific water quality plan;
                    ``(E) providing financial assistance with respect 
                to those water pollution control activities which have 
                as their principal purpose the protection of public 
                water supplies; and
                    ``(F) restoring and maintaining the chemical, 
                physical, and biological integrity of urban and rural 
                waters and watersheds (including restoration and 
                maintenance of water quality, a balanced indigenous 
                population of shellfish, fish, and wildlife, aquatic 
                and riparian vegetation, and recreational activities in 
                and on the water) and protecting designated uses, 
                including fishing, swimming, and drinking water 
                supply.''.
            (6) Compliance with state management program.--Paragraph 
        (8) of section 319(h) is amended to read as follows:
            ``(8) Compliance with state management program.--In any 
        fiscal year for which the Administrator determines that a State 
        has not made satisfactory progress in the preceding fiscal year 
        in meeting the schedule specified for such State under 
        subsection (b)(2)(C), the Administrator is authorized to 
        withhold grants pursuant to this section in whole or in part to 
        the State after adequate written notice is provided to the 
        Governor of the State.''.
            (7) Allotment study.--Section 319(h) is amended by adding 
        at the end the following:
            ``(13) Allotment study.--
                    ``(A) Study.--The Administrator, in consultation 
                with the States, shall conduct a study of whether the 
                allocation of funds under paragraph (5) appropriately 
                reflects the needs and costs of nonpoint source control 
                measures for different nonpoint source categories and 
                subcategories and of options for better reflecting such 
                needs and costs in the allotment of funds.
                    ``(B) Report.--Not later than 5 years after the 
                date of the enactment of the Clean Water Amendments of 
                1995, the Administrator shall transmit to Congress a 
                report on the results of the study conducted under this 
                subsection, together with recommendations.''.
    (g) Grants for Protecting Ground Water Quality.--Section 319(i)(3) 
is amended by striking ``$150,000'' and inserting ``$500,000''.
    (h) Authorization of Appropriations.--Section 319(j) is amended--
            (1) by striking ``and'' before ``$130,000,000'';
            (2) by inserting after ``1991'' the following: ``, such 
        sums as may be necessary for fiscal years 1992 through 1995, 
        $100,000,000 for fiscal year 1996, $150,000,000 for fiscal year 
        1997, $200,000,000 for fiscal year 1998, $250,000,000 for 
        fiscal year 1999, and $300,000,000 for fiscal year 2000''; and
            (3) by striking ``$7,500,000'' and inserting 
        ``$25,000,000''.
    (i) Consistency of Other Programs and Projects With Management 
Programs.--Section 319(k) (33 U.S.C. 1329(k)) is amended--
            (1) by striking ``allow States to review'' and inserting 
        ``require coordination with States in'';
            (2) by inserting before the period at the end the 
        following: ``and the State watershed management program''; and
            (3) by adding at the end the following: ``Federal agencies 
        that own or manage land, or issue licenses for activities that 
        cause nonpoint source pollution from such land, shall 
        coordinate their nonpoint source control measures with the 
        State nonpoint source management program and the State 
        watershed management program. A Federal agency and the Governor 
        of an affected State shall enter into a memorandum of 
        understanding to carry out the purposes of this paragraph. Such 
        a memorandum of understanding shall not relieve the Federal 
        agency of the agency's obligation to comply with its own 
        mandates.''.
    (j) Reports of the Administrator.--
            (1) Biennial reports.--Section 319(m)(1) is amended--
                    (A) in the paragraph heading by striking ``Annual'' 
                and inserting ``Biennial''; and
                    (B) by striking ``1988, and each January 1'' and 
                inserting ``1995, and biennially''.
            (2) Contents.--Section 319(m)(2) is amended--
                    (A) by striking the paragraph heading and all that 
                follows before ``at a minimum'' and inserting 
                ``Contents.--Each report submitted under paragraph 
                (1),'';
                    (B) in subparagraph (A) by striking ``best 
                management practices'' and inserting ``measures''; and
                    (C) in subparagraph (B) by striking ``best 
                management practices'' and inserting ``the measures 
                provided by States under subsection (b)''.
    (k) Set Aside for Administrative Personnel.--Section 319(n) is 
amended by striking ``less'' and inserting ``more''.
    (l) Guidance on Model Management Practices and Measures.--Section 
319 is further amended by adding at the end the following:
    ``(o) Guidance on Model Management Practices and Measures.--
            ``(1) In general.--The Administrator shall publish guidance 
        to identify model management practices and measures which may 
        be undertaken, at the discretion of the State or appropriate 
        entity, under a management program established pursuant to this 
        section.
            ``(2) Consultation; public notice and comment.--The 
        Administrator shall develop the model management practices and 
        measures under paragraph (1) in consultation with the National 
        Oceanic and Atmospheric Administration, other appropriate 
        Federal and State departments and agencies, and academic 
        institutions, private industry experts, and other individual 
        experts in water conservation and planning, and after providing 
        notice and opportunity for public comment.
            ``(3) Publication.--The Administrator shall publish 
        proposed guidance under this subsection not later than 6 months 
        after the date of the enactment of this subsection and shall 
        publish final guidance under this subsection not later than 18 
        months after such date of enactment. The Administrator shall 
        periodically review and revise the final guidance at least once 
        every 3 years after its publication.
            ``(4) Model management practices and measures defined.--For 
        the purposes of this subsection, the term `model management 
        practices and measures' means economically achievable measures 
        for the control of the addition of pollutants from nonpoint 
        sources of pollution which reflect the greatest degree of 
        pollutant reduction achievable through the application of the 
        best available nonpoint pollution control practices, 
        technologies, processes, siting criteria, operating methods, or 
        other alternatives. The Administrator may distinguish among 
        classes, types, and sizes within any category of nonpoint 
        sources.''.
    (m) Inadequate Funding.--Section 319 is further amended by adding 
at the end the following:
    ``(p) Inadequate Funding.--For each fiscal year beginning after the 
date of the enactment of this subsection for which the total of amounts 
appropriated to carry out this section are less than the total of 
amounts authorized to be appropriated pursuant to subsection (h), the 
deadline for compliance with any requirement of this section, including 
any deadline relating to assessment reports or State program 
implementation or monitoring efforts, shall be postponed by 1 year, 
unless the Administrator and the State jointly certify that the amounts 
appropriated are sufficient to meet the requirements of this 
section.''.
    (n) Coastal Zone Management.--Section 6217 of the Coastal Zone Act 
Reauthorization Amendments of 1990 (16 U.S.C. 1451 note) is amended--
            (1) in subsection (a)(1)--
                    (A) by inserting ``(A)'' after ``Program 
                development.--''; and
                    (B) by adding at the end the following:
            ``(B) A State that has not received Federal approval for 
        the State's core coastal management program pursuant to section 
        306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) 
        shall have 30 months from the date of approval of such program 
        to submit a Coastal Nonpoint Pollution Program pursuant to this 
        section. Any such State shall also be eligible for any 
        extension of time for submittal of the State's nonpoint program 
        that may be received by a State with a federally approved 
        coastal management program.'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``to protect coastal waters generally'' and 
        inserting ``to restore and protect coastal waters where the 
        State has determined that coastal waters are threatened or 
        significantly degraded'';
            (3) in subsection (b)(3)--
                    (A) by striking ``The implementation'' and 
                inserting ``A schedule for the implementation''; and
                    (B) by inserting ``, and no less often than once 
                every 5 years,'' after ``from time to time'';
            (4) in subsection (b) by adding at the end the following:
            ``(8) Identification of priority areas.--A prioritization 
        of the areas in the State in which management measures will be 
        implemented.'';
            (5) in subsection (c) by adding at the end the following:
            ``(5) Conditional approval.--The Secretary and 
        Administrator may grant conditional approval to a State's 
        program where the State requests additional time to complete 
        the development of its program. During the period during which 
        the State's program is subject to conditional approval, the 
        penalty provisions of paragraphs (3) and (4) shall not 
        apply.'';
            (6) in subsection (h)(1) by striking ``, 1993, and 1994'' 
        and inserting ``through 2000''; and
            (7) in subsection (h)(2)(B)(iv) by striking ``fiscal year 
        1995'' and inserting ``each of fiscal years 1995 through 
        2000''.
    (o) Agricultural Inputs.--Section 319 is further amended by adding 
at the end the following:
    ``(q) Agricultural Inputs.--For the purposes of this Act, any land 
application of agricultural inputs, including livestock manure, shall 
not be considered a point source and shall be subject to enforcement 
only under this section.''.
    (p) Purpose.--Section 319 (33 U.S.C. 1329) is further amended by 
adding at the end the following:
    ``(r) Purpose.--The purpose of this section is to assist States in 
addressing nonpoint sources of pollution where necessary to achieve the 
goals and requirements of this Act. It is recognized that State 
nonpoint source programs need to be built upon a foundation that 
voluntary initiatives represent the approach most likely to succeed in 
achieving the objectives of this Act.''.
    (q) Control of Salt Water Intrusion.--Section 319 is further 
amended by adding at the end the following:
    ``(s) Control of Salt Water Intrusion.--Nothing in this section 
authorizes the Administrator to require a State to identify or 
establish procedures and methods to control salt water intrusion beyond 
what is provided for in section 208(b)(2)(I).''.
SEC. 320. NATIONAL ESTUARY PROGRAM.

    (a) Technical Amendment.--Section 320(a)(2)(B) (33 U.S.C. 
1330(a)(2)(B)) is amended to read as follows:
                    ``(B) Priority consideration.--The Administrator 
                shall give priority consideration under this section to 
                Long Island Sound, New York and Connecticut; 
                Narragansett Bay, Rhode Island; Buzzards Bay, 
                Massachusetts; Massachusetts Bay, Massachusetts 
                (including Cape Cod Bay and Boston Harbor); Puget 
                Sound, Washington; New York-New Jersey Harbor, New York 
                and New Jersey; Delaware Bay, Delaware and New Jersey; 
                Delaware Inland Bays, Delaware; Albemarle Sound, North 
                Carolina; Sarasota Bay, Florida; San Francisco Bay, 
                California; Santa Monica Bay, California; Galveston 
                Bay, Texas; Barataria-Terrebonne Bay estuary complex, 
                Louisiana; Indian River Lagoon, Florida; Charlotte 
                Harbor, Florida; Barnegat Bay, New Jersey; and Peconic 
                Bay, New York.''.
    (b) Grants.--Section 320(g)(2) (33 U.S.C. 1330(g)(2)) is amended by 
inserting ``and implementation monitoring'' after ``development''.
    (c) Authorization of Appropriations.--Section 320(i) (33 U.S.C. 
1330(i)) is amended by striking ``1987'' and all that follows through 
``1991'' and inserting the following: ``1987 through 1991, such sums as 
may be necessary for fiscal years 1992 through 1995, and $19,000,000 
per fiscal year for each of fiscal years 1996 through 2000''.
SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.

    (a) Establishment.--Title III (33 U.S.C. 1311-1330) is amended by 
adding at the end the following:
``SEC. 321. STATE WATERSHED MANAGEMENT PROGRAMS.

    ``(a) State Watershed Management Program.--
            ``(1) Submission of program to administrator.--A State, at 
        any time, may submit a watershed management program to the 
        Administrator for approval.
            ``(2) Approval.--If the Administrator does not disapprove a 
        State watershed management program within 180 days of its 
        submittal or 240 days of a request for a public hearing 
        pursuant to paragraph (3) with respect to the program, 
        whichever is later, such program shall be deemed approved for 
        the purposes of this section. The Administrator shall approve 
        the program if the program includes, at a minimum, the 
        following elements:
                    ``(A) The identification of the State agency with 
                primary responsibility for overseeing and approving 
                watershed management plans in general.
                    ``(B) The description of any responsible entities 
                (including any appropriate State agency or substate 
                agency) to be utilized in implementing the program and 
                a description of their responsibilities.
                    ``(C) A description of the scope of the program. In 
                establishing the scope of the program, the State may 
                address one or more watersheds, or pollutants, 
                concurrently or sequentially. The scope of the State 
                program may expand over time with respect to the 
                watersheds, pollutants, and factors to be addressed 
                under the program. In developing the State program, the 
                State shall take into account all regional and local 
                government watershed management programs that are 
                consistent with the proposed State program and shall 
                consult with the regional and local governments that 
                developed such programs. The State shall consider 
                recommendations from units of general purpose 
                government, special purpose districts, local water 
                suppliers, and appropriate water management agencies in 
                the development and scope of the program.
                    ``(D) Provisions for carrying out an analysis, 
                consistent with the established scope of the program, 
                of the problems within each watershed covered under the 
                program.
                    ``(E) An identification of watershed management 
                units for which management plans will be developed, 
                taking into consideration those waters where water 
                quality is threatened or impaired or otherwise in need 
                of special protection. A watershed management unit 
                identified under the program may include waters and 
                associated land areas in more than 1 State if the 
                Governors of the States affected jointly designate the 
                watershed management unit and may include waters and 
                associated lands managed or owned by the Federal 
                Government.
                    ``(F) A description of the activities required of 
                responsible entities (as specified under subsection 
                (e)(1)) and a description of the watershed plan 
                approval process of the State.
                    ``(G) Documentation of the public participation in 
                development of the program and description of the 
                procedures that will be used for public participation 
                in the development and implementation of watershed 
                plans.
                    ``(H) The identification of goals that will be 
                pursued in each watershed, including attainment of 
                State water quality standards (including site-specific 
                water quality standards) and the goals and objectives 
                of this Act.
                    ``(I) An exclusion from the program of federally 
                approved activities with respect to linear utility 
                facilities, such as natural gas pipelines if such 
                facilities extend to multiple watersheds and result in 
                temporary or de minimis impacts.
                    ``(J) A description of the process for 
                consideration of and achieving consistency with the 
                purposes of sections 319 and 322.
            ``(3) Disapproval process.--If the Administrator intends to 
        disapprove a program of a State submitted under this 
        subsection, the Administrator shall by a written notification 
        advise the State of the intent to disapprove and the reasons 
        for disapproval. If, within 30 days of receipt of such notice, 
        a State so requests, the Administrator shall conduct a public 
        hearing in the State on the intent to disapprove and the 
        reasons for such disapproval. A State may resubmit a revised 
        program that addresses the reasons contained in the 
        notification. If a State requests a public hearing, the 
        Administrator shall conduct the hearing in that State and issue 
        a final determination within 240 days of receipt of the State 
        watershed management program submittal.
            ``(4) Modification of program.--Each State with a watershed 
        management program that has been approved by the Administrator 
        under this section may, at any time, modify the watershed 
        management program. Any such modification shall be submitted to 
        the Administrator and shall remain in effect unless and until 
        the Administrator determines that the modified program no 
        longer meets the requirements of this section. In such event, 
        the provisions of paragraph (3) shall apply.
            ``(5) Status reports.--Each State with a watershed 
        management program that has been approved by the Administrator 
        pursuant to this subsection shall, not later than 1 year after 
        the date of approval, and annually thereafter, submit to the 
        Administrator an annual watershed program summary status report 
        that includes descriptions of any modifications to the program. 
        The status report shall include a listing of requests made for 
        watershed plan development and a listing of plans prepared and 
        submitted by local or regional entities and the actions taken 
        by the State on such plans including the reasons for those 
        actions. In consultation and coordination with the 
        Administrator, a State may use the report to satisfy, in full 
        or in part, any reporting requirements under sections 106, 
        303(d), 305(b), 314, 319, 320, 322, and 604(b).
    ``(b) Watershed Area in 2 or More States.--If a watershed 
management unit is designated to include land areas in more than 1 
State, the Governors of States having jurisdiction over any lands 
within the watershed management unit shall jointly determine the 
responsible entity or entities.
    ``(c) Eligible Watershed Management and Planning Activities.--
            ``(1) In general.--In addition to activities eligible to 
        receive assistance under other sections of this Act as of the 
        date of the enactment of this subsection, the following 
        watershed management activities conducted by or on behalf of 
        the States pursuant to a watershed management program that is 
        approved by the Administrator under this section shall be 
        considered to be eligible to receive assistance under sections 
        106, 205(j), 319(h), 320, and 604(b):
                    ``(A) Characterizing the waters and land uses.
                    ``(B) Identifying and evaluating problems within 
                the watershed.
                    ``(C) Selecting short-term and long-term goals for 
                watershed management.
                    ``(D) Developing and implementing water quality 
                standards, including site-specific water quality 
                standards.
                    ``(E) Developing and implementing measures and 
                practices to meet identified goals.
                    ``(F) Identifying and coordinating projects and 
                activities necessary to restore or maintain water 
                quality or other related environmental objectives 
                within the watershed.
                    ``(G) Identifying the appropriate institutional 
                arrangements to carry out a watershed management plan 
                that has been approved or adopted by the State under 
                this section.
                    ``(H) Updating the plan.
                    ``(I) Conducting training and public participation 
                activities.
                    ``(J) Research to study benefits of existing 
                watershed program plans and particular aspects of the 
                plans.
                    ``(K) Implementing any other activity considered 
                appropriate by the Administrator or the Governor of a 
                State with an approved program.
            ``(2) Factors to be considered.--In selecting watershed 
        management activities to receive assistance pursuant to 
        paragraph (1), the following factors shall be considered:
                    ``(A) Whether or not the applicant has demonstrated 
                success in addressing water quality problems with 
                broadbased regional support, including public and 
                private sources.
                    ``(B) Whether the activity will promote watershed 
                problem prioritization.
                    ``(C) Whether or not the applicant can demonstrate 
                an ability to use Federal resources to leverage non-
                Federal public and private monetary and in-kind support 
                from voluntary contributions, including matching and 
                cost sharing incentives.
                    ``(D) Whether or not the applicant proposes to use 
                existing public and private programs to facilitate 
                water quality improvement with the assistance to be 
                provided pursuant to paragraph (1).
                    ``(E) Whether or not such assistance will be used 
                to promote voluntary activities, including private 
                wetlands restoration, mitigation banking, and pollution 
                prevention to achieve water quality standards.
                    ``(F) Whether or not such assistance will be used 
                to market mechanisms to enhance existing programs.
    ``(d) Public Participation.--Each State shall establish procedures 
to encourage the public to participate in its program and in developing 
and implementing comprehensive watershed management plans under this 
section. A State watershed management program shall include a process 
for public involvement in watershed management, to the maximum extent 
practicable, including the formation and participation of public 
advisory groups during State watershed program development. States must 
provide adequate public notice and an opportunity to comment on the 
State watershed program prior to submittal of the program to the 
Administrator for approval.
    ``(e) Approved or State-Adopted Plans.--
            ``(1) Requirements.--A State with a watershed management 
        program that has been approved by the Administrator under this 
        section may approve or adopt a watershed management plan if the 
        plan satisfies the following conditions:
                    ``(A) If the watershed includes waters that are not 
                meeting water quality standards at the time of 
                submission, the plan--
                            ``(i) identifies the objectives of the 
                        plan, including, at a minimum, State water 
                        quality standards (including site-specific 
                        water quality standards) and goals and 
                        objectives under this Act;
                            ``(ii) identifies pollutants, sources, 
                        activities, and any other factors causing the 
                        impairment of the waters;
                            ``(iii) identifies cost effective actions 
                        that are necessary to achieve the objectives of 
                        the plan, including reduction of pollutants to 
                        achieve any allocated load reductions 
                        consistent with the requirements of section 
                        303(d), and the priority for implementing the 
                        actions;
                            ``(iv) contains an implementation schedule 
                        with milestones and the identification of 
                        persons responsible for implementing the 
                        actions;
                            ``(v) demonstrates that water quality 
                        standards and other goals and objectives of 
                        this Act will be attained as expeditiously as 
                        practicable but not later than any applicable 
                        deadline under this Act;
                            ``(vi) contains documentation of the public 
                        participation in the development of the plan 
                        and a description of the public participation 
                        process that will be used during the plan 
                        implementation;
                            ``(vii) specifies a process to monitor and 
                        evaluate progress toward meeting of the goals 
                        of the plan; and
                            ``(viii) specifies a process to revise the 
                        plan as necessary.
                    ``(B) For waters in the watershed attaining water 
                quality standards at the time of submission (including 
                threatened waters), the plan identifies the projects 
                and activities necessary to maintain water quality 
                standards and attain or maintain other goals after the 
                date of approval or adoption of the plan.
            ``(2) Terms of approved or adopted plan.--Each plan that is 
        approved or adopted by a State under this subsection shall be 
        effective for a period of not more than 10 years and include a 
        planning and implementation schedule with milestones within 
        that period. A revised and updated plan may be approved or 
        adopted by the State prior to the expiration of the period 
        specified in the plan pursuant to the same conditions and 
        requirements that apply to an initial plan for a watershed 
        approved under this subsection.
    ``(f) Guidance.--Not later than 1 year after the date of the 
enactment of this section, the Administrator, after consultation with 
the States and other interested parties, shall issue guidance on 
provisions that States may consider for inclusion in watershed 
management programs and State-approved or State-adopted watershed 
management plans under this section.
    ``(g) Pollutant Transfer Opportunities.--
            ``(1) Pollutant transfer pilot projects.--Under an approved 
        watershed management program, any discharger or source may 
        apply to a State for approval to offset the impact of its 
        discharge or release of a pollutant by entering into 
        arrangements, including the payment of funds, for the 
        implementation of controls or measures by another discharger or 
        source through a pollution reduction credits trading program 
        established as part of the watershed management plan. The State 
        may approve such a request if appropriate safeguards are 
        included to ensure compliance with technology based controls 
        and to protect the quality of receiving waters.
            ``(2) Incentive grants.--The Administrator shall allocate 
        sums made available by appropriations to carry out pollution 
        reduction credits trading programs in selected watersheds 
        throughout the country.
            ``(3) Report.--Not later than 36 months after the date of 
        the enactment of this Act, the Administrator shall transmit to 
        Congress a report on the results of the program conducted under 
        this subsection.''.
    (b) Incentives for Watershed Management.--
            (1) Point source permits.--Section 402 (33 U.S.C. 1342) is 
        further amended by adding at the end the following:
    ``(r) Watershed Management.--
            ``(1) In general.--Notwithstanding any other provision of 
        this Act, a permit may be issued under this section with a 
        limitation that does not meet applicable water quality 
        standards if--
                    ``(A) the receiving water is in a watershed with a 
                watershed management plan that has been approved 
                pursuant to section 321;
                    ``(B) the plan includes assurances that water 
                quality standards will be met within the watershed by a 
                specified date; and
                    ``(C) the point source does not have a history of 
                significant noncompliance with its effluent limitations 
                under a permit issued under this section, as determined 
                by the Administrator or a State with authority to issue 
                permits under this section.
            ``(2) Synchronized permit terms.--Notwithstanding 
        subsection (b)(1)(B), the term of a permit issued under this 
        section may be extended for an additional period if the 
        discharge is located in a watershed management unit for which a 
        watershed management plan will be developed pursuant to section 
        321. Permits extended under this paragraph shall be 
        synchronized with the approval of the watershed management plan 
        of a State adopted pursuant to section 321.''.
            (2) Multipurpose grants.--
                    (A) In general.--The Administrator may provide 
                assistance to a State with a watershed management 
                program that has been approved by the Administrator 
                under section 321 in the form of a multipurpose grant 
                that would provide for single application, work plan 
                and review, matching, oversight, and end-of-year 
                closeout requirements for grant funding under sections 
                104(b)(3), 104(g), 106, 314(b), 319, 320, and 604(b) of 
                the Federal Water Pollution Control Act.
                    (B) Terms.--The Administrator may attach terms that 
                shall apply for more than 1 year to grants made 
                pursuant to this paragraph. A State that receives a 
                grant under this paragraph may focus activities funded 
                under the provisions referred to in subparagraph (A) on 
                a priority basis in a manner consistent with watershed 
                management plans approved by the State under section 
                321(e) of the Federal Water Pollution Control Act.
            (3) Planning.--Section 604(b) (33 U.S.C. 1384(b)) is 
        amended by adding at the end the following: ``In any fiscal 
        year in which a State is implementing a State watershed 
        management program approved under section 321, the State may 
        reserve up to an additional 2 percent of the sums allotted to 
        the State for such fiscal year for development of watershed 
        management plans under such program or $200,000, whichever is 
        greater, if 50 percent of the amount reserved under this 
        sentence will be made available to local entities.''.
SEC. 322. STORMWATER MANAGEMENT PROGRAMS.

    (a) State Programs.--Title III (33 U.S.C. 1311 et seq.) is further 
amended by adding at the end the following new section:
``SEC. 322. STORMWATER MANAGEMENT PROGRAMS.

    ``(a) Purpose.--The purpose of this section is to assist States in 
the development and implementation of stormwater control programs in an 
expeditious and cost effective manner so as to enable the goals and 
requirements of this Act to be met in each State no later than 15 years 
after the date of approval of the stormwater management program of the 
State. It is recognized that State stormwater management programs need 
to be built on a foundation that voluntary pollution prevention 
initiatives represent an approach most likely to succeed in achieving 
the objectives of this Act.
    ``(b) State Assessment Reports.--
            ``(1) Contents.--After notice and opportunity for public 
        comment, the Governor of each State, consistent with or as part 
        of the assessment required by section 319, shall prepare and 
        submit to the Administrator for approval, a report which--
                    ``(A) identifies those navigable waters within the 
                State which, without additional action to control 
                pollution from stormwater discharges, cannot reasonably 
                be expected to attain or maintain applicable water 
                quality standards or the goals and requirements of this 
                Act;
                    ``(B) identifies those categories and subcategories 
                of stormwater discharges that add significant pollution 
                to each portion of the navigable waters identified 
                under subparagraph (A) in amounts which contribute to 
                such portion not meeting such water quality standards 
                or such goals and requirements;
                    ``(C) describes the process, including 
                intergovernmental coordination and public 
                participation, for identifying measures to control 
                pollution from each category and subcategory of 
                stormwater discharges identified in subparagraph (B) 
                and to reduce, to the maximum extent practicable, the 
                level of pollution resulting from such discharges; and
                    ``(D) identifies and describes State, local, and as 
                may be appropriate, industrial programs for controlling 
                pollution added from stormwater discharges to, and 
                improving the quality of, each such portion of the 
                navigable waters.
            ``(2) Information used in preparation.--In developing, 
        reviewing, and revising the report required by this subsection, 
        the State--
                    ``(A) may rely upon information developed pursuant 
                to sections 208, 303(e), 304(f), 305(b), 314, 319, 320, 
                and 321 and subsection (h) of this section, information 
                developed from the group stormwater permit application 
                process in effect under section 402(p) of this Act on 
                the day before the date of the enactment of this Act, 
                and such other information as the State determines is 
                appropriate; and
                    ``(B) may utilize appropriate elements of the waste 
                treatment management plans developed pursuant to 
                sections 208(b) and 303, to the extent such elements 
                are consistent with and fulfill the requirements of 
                this section.
            ``(3) Review and revision.--Not later than 18 months after 
        the date of the enactment of the Clean Water Amendments of 
        1995, and every 5 years thereafter, the State shall review, 
        revise, and submit to the Administrator the report required by 
        this subsection.
    ``(c) State Management Programs.--
            ``(1) In general.--In substantial consultation with local 
        governments and after notice and opportunity for public 
        comment, the Governor of each State for the State or in 
        combination with the Governors of adjacent States shall 
        prepare, based on available information, and submit to the 
        Administrator for approval a stormwater management program--
                    ``(A) that controls pollution added from stormwater 
                discharges to the navigable waters within the 
                boundaries of the State and improves the quality of 
                such waters; and
                    ``(B) that the State proposes to establish and 
                administer under State law or interstate compact to 
                apply and assure compliance with this section.
        The initial program submission must meet the requirements of 
        this subsection and specifically address the first 5 fiscal 
        years beginning after the date of submission of such management 
        program.
            ``(2) Specific contents.--Each management program proposed 
        for implementation under this subsection shall include the 
        following:
                    ``(A) Identification of model management practices 
                and measures.--Identification of the model management 
                practices and measures which will be undertaken to 
                reduce pollutant loadings resulting from each category 
                or subcategory of stormwater discharges designated 
                under subsection (b)(1)(B), taking into account the 
                impact of the practice and measure on ground water 
                quality.
                    ``(B) Identification of programs and resources.--
                Identification of programs and resources necessary 
                (including, as appropriate, nonregulatory programs or 
                regulatory programs, enforceable policies and 
                mechanisms, technical assistance, financial assistance, 
                education, training, technology transfer, and 
                demonstration projects) to manage categories or 
                subcategories of stormwater discharges to the degree 
                necessary to provide for reasonable further progress 
                toward the goal of attainment of water quality 
                standards which contain the stormwater criteria for 
                designated uses of receiving waters identified under 
                subsection (b)(1)(A) taking into consideration specific 
                watershed conditions, by not later than the last day of 
                the 15-year period beginning on the date of approval of 
                the State program.
                    ``(C) Program for industrial, commercial, oil, gas, 
                and mining discharges.--A program for categories or 
                subcategories of industrial, commercial, oil, gas, and 
                mining stormwater discharges identified under 
                subsection (b)(1)(B) for the implementation of 
                management practices, measures, and programs identified 
                under subparagraphs (A) and (B). The program shall 
                include each of the following:
                            ``(i) Voluntary activities.--Voluntary 
                        stormwater pollution prevention activities for 
                        categories and subcategories of such stormwater 
                        discharges that are not contaminated by contact 
                        with material handling equipment or activities, 
                        heavy industrial machinery, raw materials, 
                        intermediate products, finished products, 
                        byproducts, or waste products at the site of 
                        the industrial, commercial, oil, gas, or mining 
                        activity. Such discharges may have incidental 
                        contact with buildings or motor vehicles.
                            ``(ii) Enforceable plans.--Enforceable 
                        stormwater pollution prevention plans meeting 
                        the requirements of subsection (d) for those 
                        categories and subcategories of such stormwater 
                        discharges that are not described in clause 
                        (i).
                            ``(iii) General permits.--General permits 
                        for categories and subcategories of such 
                        stormwater discharges if the State finds, based 
                        on available information and after providing 
                        notice and an opportunity for comment, that 
                        reasonable further progress toward achieving 
                        water quality standards in receiving waters 
                        identified by the State by the date referred to 
                        in subparagraph (B) cannot be made despite 
                        implementation of voluntary activities under 
                        clause (i) or prevention plans under clause 
                        (ii) due to the presence of a pollutant or 
                        pollutants identified by the State. A facility 
                        in a category or subcategory identified by the 
                        State shall not be subject to a general permit 
                        under this clause if the facility demonstrates 
                        that stormwater discharges from the facility 
                        are not contributing to a violation of a water 
                        quality standard established for designated 
                        uses of the receiving waters and are not 
                        significantly contributing the pollutant or 
                        pollutants identified by the State with respect 
                        to the receiving waters under this clause.
                            ``(iv) Site-specific permits.--Site-
                        specific permits for categories or 
                        subcategories of such stormwater discharges or 
                        individual facilities in such categories or 
                        subcategories if the State finds, based on 
                        available information and after providing 
                        notice and an opportunity for comment, that 
                        reasonable further progress toward achieving 
                        water quality standards in receiving waters 
                        identified by the State by the date referred to 
                        in subparagraph (B) cannot be made despite 
                        implementation of voluntary activities under 
                        clause (i) or prevention plans under clause 
                        (ii) and general permits under clause (iii) due 
                        to the presence of a pollutant or pollutants 
                        identified by the State. A facility in a 
                        category or subcategory identified by the State 
                        shall not be subject to a site-specific permit 
                        under this clause if the facility demonstrates 
                        that stormwater discharges from the facility 
                        are not contributing to a violation of a water 
                        quality standard established for designated 
                        uses of the receiving waters and are not 
                        significantly contributing the pollutant or 
                        pollutants identified by the State with respect 
                        to the receiving waters under this clause.
                            ``(v) Exemption of small businesses.--An 
                        exemption for small businesses identified under 
                        subsection (b)(1)(B) from clause (iii), 
                        relating to general permits, and clause (iv), 
                        relating to site-specific permits, unless the 
                        State finds that, without the imposition of 
                        such permits, such discharges will have a 
                        significant adverse effect on water quality.
                    ``(D) Program for municipal discharges.--A program 
                for municipal stormwater discharges identified under 
                subsection (b)(1)(B) to reduce pollutant loadings from 
                categories and subcategories of municipal stormwater 
                discharges.
                    ``(E) Program for construction activities.--A 
                program for categories and subcategories of stormwater 
                discharges from construction activities identified 
                under subsection (b)(1)(B) for implementation of 
                management practices, measures, and programs identified 
                under subparagraphs (A) and (B). In developing the 
                program, the State shall consider current State and 
                local requirements, focus on pollution prevention 
                through the use of model management practices and 
                measures, and take into account the land area disturbed 
                by the construction activities. The State may require 
                effluent limits or other numerical standards to control 
                pollutants in stormwater discharges from construction 
                activities only if the State finds, after providing 
                notice and an opportunity for comment, that such 
                standards are necessary to achieve water quality 
                standards by the date referred to in subparagraph (B).
                    ``(F) Bad actor provisions.--Provisions for taking 
                any actions deemed necessary by the State to meet the 
                goals and requirements of this section with respect to 
                dischargers which the State identifies, after notice 
                and opportunity for hearing--
                            ``(i) as having a history of stormwater 
                        noncompliance under this Act, State law, or the 
                        regulations issued thereunder or the terms and 
                        conditions of permits, orders, or 
                        administrative actions issued pursuant thereto; 
                        or
                            ``(ii) as posing an imminent threat to 
                        human health and the environment.
                    ``(G) Schedule.--A schedule containing interim 
                goals and milestones for making reasonable progress 
                toward the attainment of standards as set forth in 
                subparagraph (B) established for the designated uses of 
                receiving waters, taking into account specific 
                watershed conditions, which may be demonstrated by one 
                or any combination of improvements in water quality 
                (including biological indicators), documented 
                implementation of voluntary stormwater discharge 
                control measures, or adoption of enforceable stormwater 
                discharge control measures.
                    ``(H) Certification of adequate authority.--
                            ``(i) In general.--A certification by the 
                        Attorney General of the State or States (or the 
                        chief attorney of any State water pollution 
                        control agency that has authority under State 
                        law to make such certification) that the laws 
                        of the State or States, as the case may be, 
                        provide adequate authority to implement such 
                        management program or, if there is not such 
                        adequate authority, a list of such additional 
                        authorities as will be necessary to implement 
                        such management program.
                            ``(ii) Commitment.--A schedule for seeking, 
                        and a commitment by the State or States to 
                        seek, such additional authorities as 
                        expeditiously as practicable.
                    ``(I) Identification of federal financial 
                assistance programs.--An identification of Federal 
                financial assistance programs and Federal development 
                projects for which the State will review individual 
                assistance applications or development projects for 
                their effect on water quality pursuant to the 
                procedures set forth in Executive Order 12372 as in 
                effect on September 17, 1983, to determine whether such 
                assistance applications or development projects would 
                be consistent with the program prepared under this 
                subsection; for the purposes of this subparagraph, 
                identification shall not be limited to the assistance 
                programs or development projects subject to Executive 
                Order 12372 but may include any programs listed in the 
                most recent Catalog of Federal Domestic Assistance 
                which may have an effect on the purposes and objectives 
                of the State's stormwater management program.
                    ``(J) Monitoring.--A description of the monitoring 
                of navigable waters or other assessment which will be 
                carried out under the program for the purposes of 
                monitoring and assessing the effectiveness of the 
                program, including the attainment of interim goals and 
                milestones.
                    ``(K) Identification of certain inconsistent 
                federal activities.--An identification of activities on 
                Federal lands in the State that are inconsistent with 
                the State management program.
                    ``(L) Identification of goals and milestones.--An 
                identification of goals and milestones for progress in 
                attaining water quality standards, including a 
                projected date for attaining such standards as 
                expeditiously as practicable but not later than 15 
                years after the date of approval of the State program 
                for each of the waters listed pursuant to subsection 
                (b).
            ``(3) Utilization of local and private experts.--In 
        developing and implementing a management program under this 
        subsection, a State shall, to the maximum extent practicable, 
        involve local public and private agencies and organizations 
        which have expertise in stormwater management.
            ``(4) Development on watershed basis.--A State shall, to 
        the maximum extent practicable, develop and implement a 
        stormwater management program under this subsection on a 
        watershed-by-watershed basis within such State.
            ``(5) Regulations defining small businesses.--Working in 
        conjunction with the Administrator of the Small Business 
        Administration and the Small Business Ombudsman of the 
        Environmental Protection Agency, the Administrator shall 
        propose, not later than 6 months after the date of the 
        enactment of this section, and issue, not later than 1 year 
        after the date of such enactment, regulations to define small 
        businesses for purposes of this section.
    ``(d) Stormwater Pollution Prevention Plans.--
            ``(1) Implementation deadline.--Each stormwater pollution 
        prevention plan required under subsection (c)(2)(C)(ii) shall 
        be implemented not later than 180 days after the date of its 
        development and shall be annually updated.
            ``(2) Plan contents.--Each stormwater pollution prevention 
        plan required under subsection (c)(2)(C)(ii) shall include the 
        following components:
                    ``(A) Establishment and appointment of a stormwater 
                pollution prevention team.
                    ``(B) Description of potential pollutant sources.
                    ``(C) An annual site inspection evaluation.
                    ``(D) An annual visual stormwater discharge 
                inspection.
                    ``(E) Measures and controls for reducing stormwater 
                pollution, including, at a minimum, model management 
                practices and measures that are flexible, 
                technologically feasible, and economically practicable. 
                For purposes of this paragraph, the term `model 
                management practices and measures' means preventive 
                maintenance, good housekeeping, spill prevention and 
                response, employee training, and sediment and erosion 
                control.
                    ``(F) Prevention of illegal discharges of 
                nonstormwater through stormwater outfalls.
            ``(3) Certification.--Each facility subject to subsection 
        (c)(2)(C)(ii) shall certify to the State that it has 
        implemented a stormwater pollution prevention plan or a State 
        or local equivalent and that the plan is intended to reduce 
        possible pollutants in the facility's stormwater discharges. 
        The certification must be signed by a responsible officer of 
        the facility and must be affixed to the plan subject to review 
        by the appropriate State program authority. If a facility makes 
        such a certification, such facility shall not be subject to 
        permit or permit application requirements, mandatory model 
        management practices and measures, analytical monitoring, 
        effluent limitations or other numerical standards or guidelines 
        under subsection (c)(2)(C)(ii).
            ``(4) Plan adequacy.--The State stormwater management 
        program shall set forth the basis upon which the adequacy of a 
        plan prepared by a facility subject to subsection (c)(2)(C)(ii) 
        will be determined. In making such determination, the State 
        shall consider benefits to the environment, physical 
        requirements, technological feasibility and economic costs, 
        human health or safety, and nature of the activity at the 
        facility or site. If, upon review of a stormwater pollution 
        prevention plan, the State determines that the plan is 
        inadequate, the State may require the facility to modify the 
        plan.
    ``(e) Administrative Provisions.--
            ``(1) Cooperation requirement.--Any report required by 
        subsection (b) and any management program and report required 
        by subsection (c) shall be developed in cooperation with local, 
        substate, regional, and interstate entities which are 
        responsible for implementing stormwater management programs.
            ``(2) Time period for submission of management programs.--
        Each management program shall be submitted to the Administrator 
        within 30 months of the issuance by the Administrator of the 
        final guidance under subsection (l) and every 5 years 
        thereafter. Each program submission after the initial 
        submission following the date of the enactment of the Clean 
        Water Amendments of 1995 shall include a demonstration of 
        reasonable further progress toward the goal of attaining water 
        quality standards as set forth in subsection (c)(2) established 
        for designated uses of receiving waters taking into account 
        specific watershed conditions by not later than the date 
        referred to in subsection (b)(2)(B), including a documentation 
        of the degree to which the State has achieved the interim goals 
        and milestones contained in the previous program submission. 
        Such demonstration shall take into account the adequacy of 
        Federal funding under this section.
            ``(3) Transition.--
                    ``(A) In general.--Permits, including group and 
                general permits, issued pursuant to section 402(p), as 
                in effect on the day before the date of the enactment 
                of this section, shall remain in effect until the 
                effective date of a State stormwater management program 
                under this section. Stormwater dischargers shall 
                continue to implement any stormwater management 
                practices and measures required under such permits 
                until such practices and measures are modified pursuant 
                to this subparagraph or pursuant to a State stormwater 
                management program. Prior to the effective date of a 
                State stormwater management program, stormwater 
                dischargers may submit for approval proposed revised 
                stormwater management practices and measures to the 
                State, in the case of a State with an approved program 
                under section 402, or the Administrator. Upon notice of 
                approval by the State or the Administrator, the 
                stormwater discharger shall implement the revised 
                stormwater management practices and measures which, for 
                discharges subject to subsection (c)(2)(C)(i), 
                (c)(2)(D), or (c)(2)(E), may be voluntary pollution 
                prevention activities. A stormwater discharger 
                operating under a permit continued in effect under this 
                subparagraph shall not be subject to citizens suits 
                under section 505.
                    ``(B) New facilities.--A new nonmunicipal source of 
                stormwater discharge subject to a group or general 
                permit continued in effect under subparagraph (A) shall 
                notify the State or the Administrator, as appropriate, 
                of the source's intent to be covered by and shall 
                continue to comply with such permit. Until the 
                effective date of a State stormwater management program 
                under this section, the State may impose enforceable 
                stormwater management measures and practices on a new 
                nonmunicipal source of stormwater discharge not subject 
                to such a permit if the State finds that the stormwater 
                discharge is likely to pose an imminent threat to human 
                health and the environment or to pose significant 
                impairment of water quality standards.
                    ``(C) Special rule.--Industrial facilities included 
                in a Part 1 group stormwater permit application 
                approved by the Administrator pursuant to section 
                122.26(c)(2) of title 40, Code of Federal Regulations, 
                as in effect on the date of the enactment of this 
                section, may, in lieu of continued operation under 
                existing permits, certify to the State or the 
                Administrator, as appropriate, that such facilities are 
                implementing a stormwater pollution prevention plan 
                consistent with subsection (d). Upon such 
                certification, the facility will no longer be subject 
                to such permit.
                    ``(D) Pre-1987 permits and effluent guidelines.--
                Notwithstanding the repeal of section 402(p) by the 
                Clean Water Amendments Act of 1995 or any other 
                amendment made to section 402 on or before the date of 
                the enactment of such Act, a stormwater discharge with 
                respect to which a permit has been issued under section 
                402 before February 4, 1987, or with respect to which 
                an effluent guideline has been issued before February 
                4, 1987 shall not be subject to the provisions of this 
                section.
                    ``(E) Antibacksliding.--Section 402(o) shall not 
                apply to any activity carried out in accordance with 
                this paragraph.
    ``(f) Approval or Disapproval of Reports or Management Programs.--
            ``(1) Deadline.--Subject to paragraph (2), not later than 
        180 days after the date of submission to the Administrator of 
        any report or revised report or management program under this 
        section, the Administrator shall either approve or disapprove 
        such report or management program, as the case may be. The 
        Administrator may approve a portion of a management program 
        under this subsection. If the Administrator does not disapprove 
        a report, management program, or portion of a management 
        program in such 180-day period, such report, management 
        program, or portion shall be deemed approved for purposes of 
        this section.
            ``(2) Procedure for disapproval.--If, after notice and 
        opportunity for public comment and consultation with 
        appropriate Federal and State agencies and other interested 
        persons, the Administrator determines that--
                    ``(A) the proposed management program or any 
                portion thereof does not meet the requirements of 
                subsection (c) of this section or is not likely to 
                satisfy, in whole or in part, the goals and 
                requirements of this Act;
                    ``(B) adequate authority does not exist, or 
                adequate resources are not available, to implement such 
                program or portion; or
                    ``(C) the practices and measures proposed in such 
                program or portion will not result in reasonable 
                progress toward the goal of attainment of applicable 
                water quality standards as set forth in subsection 
                (c)(2) established for designated uses of receiving 
                waters taking into consideration specific watershed 
                conditions as expeditiously as possible but not later 
                than 15 years after approval of a State stormwater 
                management program under this section;
        the Administrator shall within 6 months of the receipt of the 
        proposed program notify the State of any revisions or 
        modifications necessary to obtain approval. The State shall 
        have an additional 6 months to submit its revised management 
        program, and the Administrator shall approve or disapprove such 
        revised program within 3 months of receipt.
            ``(3) Failure of state to submit report.--If a Governor of 
        a State does not submit a report or revised report required by 
        subsection (b) within the period specified by subsection 
        (e)(2), the Administrator shall, within 18 months after the 
        date on which such report is required to be submitted under 
        subsection (b), prepare a report for such State which makes the 
        identifications required by paragraphs (1)(A) and (1)(B) of 
        subsection (b). Upon completion of the requirement of the 
        preceding sentence and after notice and opportunity for a 
        comment, the Administrator shall report to Congress of the 
        actions of the Administrator under this section.
            ``(4) Failure of state to submit management program.--
                    ``(A) Program management by administrator.--Subject 
                to paragraph (5), if a State fails to submit a 
                management program or revised management program under 
                subsection (c) or the Administrator does not approve 
                such management program, the Administrator shall 
                prepare and implement a management program for 
                controlling pollution added from stormwater discharges 
                to the navigable waters within the State and improving 
                the quality of such waters in accordance with 
                subsection (c).
                    ``(B) Notice and hearing.--If the Administrator 
                intends to disapprove a program submitted by a State 
                the Administrator shall first notify the Governor of 
                the State, in writing, of the modifications necessary 
                to meet the requirements of this section. The 
                Administrator shall provide adequate public notice and 
                an opportunity for a public hearing for all interested 
                parties.
                    ``(C) State revision of its program.--If, after 
                taking into account the level of funding actually 
                provided as compared with the level authorized, the 
                Administrator determines that a State has failed to 
                demonstrate reasonable further progress toward the 
                attainment of water quality standards as required, the 
                State shall revise its program within 12 months of that 
                determination in a manner sufficient to achieve 
                attainment of applicable water quality standards by the 
                deadline established by this section. If a State fails 
                to make such a program revision or the Administrator 
                does not approve such a revision, the Administrator 
                shall prepare and implement a stormwater management 
                program for the State.
            ``(5) Local Management Programs; Technical Assistance.--If 
        a State fails to submit a management program under subsection 
        (c) or the Administrator does not approve such a management 
        program, a local public agency or organization which has 
        expertise in, and authority to, control water pollution 
        resulting from nonpoint sources in any area of such State which 
        the Administrator determines is of sufficient geographic size 
        may, with approval of such State, request the Administrator to 
        provide, and the Administrator shall provide, technical 
        assistance to such agency or organization in developing for 
        such area a management program which is described in subsection 
        (c) and can be approved pursuant to this subsection. After 
        development of such management program, such agency or 
        organization shall submit such management program to the 
        Administrator for approval.
    ``(g) Interstate Management Conference.--
            ``(1) Convening of conference; notification; purpose.--
                    ``(A) Convening of conference.--If any portion of 
                the navigable waters in any State which is implementing 
                a management program approved under this section is not 
                meeting applicable water quality standards or the goals 
                and requirements of this Act as a result, in whole or 
                in part, of pollution from stormwater in another State, 
                such State may petition the Administrator to convene, 
                and the Administrator shall convene, a management 
                conference of all States which contribute significant 
                pollution resulting from stormwater to such portion.
                    ``(B) Notification.--If, on the basis of 
                information available, the Administrator determines 
                that a State is not meeting applicable water quality 
                standards or the goals and requirements of this Act as 
                a result, in whole or in part, of significant pollution 
                from stormwater in another State, the Administrator 
                shall notify such States.
                    ``(C) Time limit.--The Administrator may convene a 
                management conference under this paragraph not later 
                than 180 days after giving such notification under 
                subparagraph (B), whether or not the State which is not 
                meeting such standards requests such conference.
                    ``(D) Purpose.--The purpose of the conference shall 
                be to develop an agreement among the States to reduce 
                the level of pollution resulting from stormwater in the 
                portion of the navigable waters and to improve the 
                water quality of such portion.
                    ``(E) Protection of water rights.--Nothing in the 
                agreement shall supersede or abrogate rights to 
                quantities of water which have been established by 
                interstate water compacts, Supreme Court decrees, or 
                State water laws.
                    ``(F) Limitations.--This subsection shall not apply 
                to any pollution which is subject to the Colorado River 
                Basin Salinity Control Act. The requirement that the 
                Administrator convene a management conference shall not 
                be subject to the provisions of section 505 of this 
                Act.
            ``(2) State management program requirement.--To the extent 
        that the States reach agreement through such conference, the 
        management programs of the States which are parties to such 
        agreements and which contribute significant pollution to the 
        navigable waters or portions thereof not meeting applicable 
        water quality standards or goals and requirements of this Act 
        will be revised to reflect such agreement. Such management 
        programs shall be consistent with Federal and State law.
    ``(h) Grants for Stormwater Research.--
            ``(1) In general.--To determine the most cost-effective and 
        technologically feasible means of improving the quality of the 
        navigable waters and to develop the criteria required pursuant 
        to subsection (i), the Administrator shall establish an 
        initiative through which the Administrator shall fund State and 
        local demonstration programs and research to--
                    ``(A) identify adverse impacts of stormwater 
                discharges on receiving waters;
                    ``(B) identify the pollutants in stormwater which 
                cause impact; and
                    ``(C) test innovative approaches to address the 
                impacts of source controls and model management 
                practices and measures for runoff from municipal storm 
                sewers.
        Persons conducting demonstration programs and research funded 
        under this subsection shall also take into account the physical 
        nature of episodic stormwater flows, the varying pollutants in 
        stormwater, the actual risk the flows pose to the designated 
        beneficial uses, and the ability of natural ecosystems to 
        accept temporary stormwater events.
            ``(2) Award of funds.--The Administrator shall award the 
        demonstration and research program funds taking into account 
        regional and population variations.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $20,000,000 per fiscal year for fiscal years 1996 through 2000. 
        Such sums shall remain available until expended.
            ``(4) Inadequate funding.--For each fiscal year beginning 
        after the date of the enactment of this subsection for which 
        the total amounts appropriated to carry out this subsection are 
        less than the total amounts authorized to be appropriated 
        pursuant to this subsection, any deadlines established under 
        subsection (c)(2)(L) for compliance with water quality 
        standards shall be postponed by 1 year.
    ``(i) Collection of Information.--The Administrator shall collect 
and make available, through publications and other appropriate means, 
information pertaining to model management practices and measures and 
implementation methods, including, but not limited to--
            ``(1) information concerning the costs and relative 
        efficiencies of model management practices and measures for 
        reducing pollution from stormwater discharges; and
            ``(2) available data concerning the relationship between 
        water quality and implementation of various management 
        practices to control pollution from stormwater discharges.
    ``(j) Reports of Administrator.--
            ``(1) Biennial reports.--Not later than January 1, 1998, 
        and biennially thereafter, the Administrator shall transmit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public
         Works of the Senate, a report for the preceding fiscal year on 
the activities and programs implemented under this section and the 
progress made in reducing pollution in the navigable waters resulting 
from stormwater discharges and improving the quality of such waters.
            ``(2) Contents.--Each report submitted under paragraph (1), 
        at a minimum shall--
                    ``(A) describe the management programs being 
                implemented by the States by types of affected 
                navigable waters, categories and subcategories of 
                stormwater discharges, and types of measures being 
                implemented;
                    ``(B) describe the experiences of the States in 
                adhering to schedules and implementing the measures 
                under subsection (c);
                    ``(C) describe the amount and purpose of grants 
                awarded pursuant to subsection (h);
                    ``(D) identify, to the extent that information is 
                available, the progress made in reducing pollutant 
                loads and improving water quality in the navigable 
                waters;
                    ``(E) indicate what further actions need to be 
                taken to attain and maintain in those navigable waters 
                (i) applicable water quality standards, and (ii) the 
                goals and requirements of this Act;
                    ``(F) include recommendations of the Administrator 
                concerning future programs (including enforcement 
                programs) for controlling pollution from stormwater; 
                and
                    ``(G) identify the activities and programs of 
                departments, agencies, and instrumentalities of the 
                United States that are inconsistent with the stormwater 
                management programs implemented by the States under 
                this section and recommended modifications so that such 
                activities and programs are consistent with and assist 
                the States in implementation of such management 
                programs.
    ``(k) Guidance on Model Management Practices and Measures.--
            ``(1) In general.--The Administrator, in consultation with 
        appropriate Federal, State, and local departments and agencies, 
        and after providing notice and opportunity for public comment, 
        shall publish guidance to identify model management practices 
        and measures which may be undertaken, at the discretion of the 
        State or appropriate entity, under a management program 
        established pursuant to this section. In preparing such 
        guidance, the Administrator shall consider integration of a 
        stormwater management program of a State with, and the 
        relationship of such program to, the nonpoint source management 
        program of the State under section 319.
            ``(2) Publication.--The Administrator shall publish 
        proposed guidance under this subsection not later than 6 months 
        after the date of the enactment of this subsection and shall 
        publish final guidance under this subsection not later than 18 
        months after such date of enactment. The Administrator shall 
        periodically review and revise the final guidance upon adequate 
        notice and opportunity for public comment at least once every 3 
        years after its publication.
            ``(3) Model management practices and measures defined.--For 
        the purposes of this subsection and section 304(a)(13), the 
        term ``model management practices and measures'' means 
        economically achievable measures for the control of pollutants 
        from stormwater discharges which reflect the most cost-
        effective degree of pollutant reduction achievable through the 
        application of the best available practices, technologies, 
        processes, siting criteria, operating methods, or other 
        alternatives.
    ``(l) Enforcement With Respect to Stormwater Dischargers Violating 
State Management Programs.--Stormwater dischargers that do not comply 
with State management program requirements under subsection (c) are 
subject to applicable enforcement actions under sections 309 and 505 of 
this Act.
    ``(m) Entry and Inspection.--In order to carry out the objectives 
of this section, an authorized representative of a State, upon 
presentation of his or her credentials, shall have a right of entry to, 
upon, or through any property at which a stormwater discharge or 
records required to be maintained under the State stormwater management 
program are located.
    ``(n) Limitation on Discharges Regulated Under Watershed Management 
Program.--Stormwater discharges regulated under section 321 in a manner 
consistent with this section shall not be subject to this section.
    ``(o) Mineral Exploration and Mining Sites.--
            ``(1) Exploration sites.--For purposes of subsection 
        (c)(2)(F), stormwater discharges from construction activities 
        shall include stormwater discharges from mineral exploration 
        activities; except that, for exploration at abandoned mined 
        lands, the stormwater program under subsection (c)(2)(F) shall 
        be limited to the control of pollutants added to stormwater by 
        contact with areas disturbed by the exploration activity.
            ``(2) Mining sites.--Stormwater discharges at ore mining 
        and dressing sites shall be subject to this section. If any 
        such discharge is commingled with mine drainage or process 
        wastewater from mining operations, such discharge shall be 
        treated as a discharge from a point source for purposes of this 
        Act. Land that was previously used for mining activities for 
        which reclamation requirements of the Surface Mining Control 
        and Reclamation Act of 1977 have been met and a performance 
        bond or deposit required under section 509 of such Act has been 
        released under section 519 of such Act shall no longer be 
        considered an ore mining and dressing site.
            ``(3) Abandoned mined lands.--Stormwater discharges from 
        abandoned mined lands shall be subject to section 319; except 
        that if the State, after notice and an opportunity for comment, 
        finds that regulation of such stormwater discharges under this 
        section is necessary to make reasonable further progress toward 
        achieving water quality standards by the date referred to in 
        subsection (c)(2)(B), such discharges shall be subject to this 
        section.
            ``(4) Surface mining control and reclamation act sites.--
        Notwithstanding paragraph (3), stormwater discharges from 
        abandoned mined lands site which are subject to the Surface 
        Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-
        1328) shall be subject to section 319.
            ``(5) Active coal mining sites.--Discharges comprised 
        entirely of stormwater from an active coal mining site 
        operating under a permit issued under the Surface Mining 
        Control and Reclamation Act of 1977 shall be subject to section 
        319.
            ``(6) Definitions.--For purposes of this subsection, the 
        following definitions apply:
                    ``(A) Abandoned mined lands.--The term `abandoned 
                mined lands' means lands which were used for mineral 
                activities and abandoned or left in an inadequate 
                reclamation status and for which there is no continuing 
                reclamation responsibility under State or Federal laws.
                    ``(B) Process waste water.--The term `process waste 
                water' means any water other than stormwater which 
                comes into contact with any raw material, intermediate 
                product, finished product, byproduct, or waste product 
                as part of any mineral beneficiation processes employed 
                at the site.
                    ``(C) Mine drainage.--The term `mine drainage' 
                means any water drained, pumped, or siphoned from 
                underground mine workings or mine pits, but such term 
                shall not include stormwater runoff from tailings dams, 
                dikes, overburden, waste rock piles, haul roads, access 
                roads, and ancillary facility areas.''.
    (b) Repeal of Limitation on Permit Requirement.--Section 402(l) (33 
U.S.C. 1342(l)) is repealed.
    (c) Repeal of Municipal and Industrial Stormwater Discharges 
Program.--Section 402(p) (33 U.S.C. 1342(p)) is repealed.
    (d) Development of Stormwater Criteria.--Section 304(a) is further 
amended by adding at the end the following:
            ``(13) Development of stormwater criteria.--
                    ``(A) In general.--To reflect the episodic 
                character of stormwater which results in significant 
                variances in the volume, hydraulics, hydrology, and 
                pollutant load associated with stormwater discharges, 
                the Administrator shall establish, as an element of the 
                water quality standards established for the designated 
                uses of the navigable waters, stormwater criteria which 
                protect the navigable waters from impairment of the 
                designated beneficial uses caused by stormwater 
                discharges. The criteria shall be technologically and 
                financially feasible and may include performance 
                standards, guidelines, guidance, and model management 
                practices and measures and treatment requirements, as 
                appropriate, and as identified in section 322.
                    ``(B) Information to be used in development.--The 
                stormwater discharge criteria to be established under 
                this paragraph--
                            ``(i) shall be developed from--
                                    ``(I) the findings and conclusions 
                                of the demonstration programs and 
                                research conducted under section 
                                322(h);
                                    ``(II) the findings and conclusions 
                                of the research and monitoring 
                                activities of stormwater dischargers 
                                performed in compliance with permit 
                                requirements of this Act; and
                                    ``(III) other relevant information, 
                                including information submitted to the 
                                Administrator under the industrial 
                                group permit application process in 
                                effect under section 402 of this Act on 
                                the day before the date of the 
                                enactment of this paragraph;
                            ``(ii) shall be developed in consultation 
                        with persons with expertise in the management 
                        of stormwater (including officials of State and 
                        local government, industrial and commercial 
                        stormwater dischargers, and public interest 
                        groups); and
                            ``(iii) shall be established as an element 
                        of the water quality standards that are 
                        developed and implemented under this Act by not 
                        later than December 31, 2008.''.
    (e) Definitions.--Section 502 (33 U.S.C. 1362) is amended--
            (1) by adding at the end of paragraph (14) the following: 
        ``The term does not include a stormwater discharge that is 
        subject to section 322.''; and
            (2) by adding at the end the following:
    ``(25) The term `stormwater' means runoff from rain, snow melt, or 
any other precipitation-generated surface runoff.
    ``(26) The term `stormwater discharge' means a discharge from any 
conveyance which is used for the collecting and conveying of stormwater 
to navigable waters and which is associated with a municipal storm 
sewer system or industrial, commercial, oil, gas, or mining activities 
or construction activities.''.
SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIREMENTS.

    Title III (33 U.S.C. 1311-1330) is further amended by adding at the 
end the following:

``SEC. 323. RISK ASSESSMENT AND DISCLOSURE REQUIREMENTS.

    ``(a) General Rule.--The Administrator or the Secretary of the Army 
(hereinafter in this section referred to as the `Secretary'), as 
appropriate, shall develop and publish a risk assessment before 
issuing--
            ``(1) any standard, effluent limitation, water quality 
        criterion, water quality based requirement, or other regulatory 
        requirement under this Act (other than a permit or a purely 
        procedural requirement); or
            ``(2) any guidance under this Act which, if issued as a 
        regulatory requirement, would result in an annual increase in 
        cost of $25,000,000 or more.
    ``(b) Contents of Risk Assessments.--A risk assessment developed 
under subsection (a), at a minimum, shall--
            ``(1) identify and use all relevant and readily obtainable 
        data and information of sufficient quality, including data and 
        information submitted to the Agency in a timely fashion;
            ``(2) identify and discuss significant assumptions, 
        inferences, or models used in the risk assessment;
            ``(3) measure the sensitivity of the results to the 
        significant assumptions, inferences, or models that the risk 
        assessment relies upon;
            ``(4) with respect to significant assumptions, inferences, 
        or models that the results are sensitive to, identify and 
        discuss--
                    ``(A) credible alternatives and the basis for the 
                rejection of such alternatives;
                    ``(B) the scientific or policy basis for the 
                selection of such assumptions, inferences, or models; 
                and
                    ``(C) the extent to which any such assumptions, 
                inferences, or models have been validated or conflict 
                with empirical data;
            ``(5) to the maximum extent practical, provide a 
        description of the risk, including, at minimum, best estimates 
        or other unbiased representation of the most plausible level of 
        risk and a description of the specific populations or natural 
        resources subject to the assessment;
            ``(6) to the maximum extent practical, provide a 
        quantitative estimate of the uncertainty inherent in the risk 
        assessment; and
            ``(7) compare the nature and extent of the risk identified 
        in the risk assessment to other risks to human health and the 
        environment.
    ``(c) Risk Assessment Guidance.--Not later than 180 days after the 
date of the enactment of this section, and after providing notice and 
opportunity for public comment, the Administrator, in consultation with 
the Secretary, shall issue, and thereafter revise, as appropriate, 
guidance for conducting risk assessments under subsection (a).
    ``(d) Margin of Safety.--When establishing a margin of safety for 
use in developing a regulatory requirement described in subsection 
(a)(1) or guidance described in subsection (a)(2), the Administrator or 
the Secretary, as appropriate, shall provide, as part of the risk 
assessment under subsection (a), an explicit and, to the extent 
practical, quantitative description of the margin of safety relative to 
an unbiased estimate of the risk being addressed.
    ``(e) Discretionary Exemptions.--The Administrator or the 
Secretary, as appropriate, may exempt from the requirements of this 
section any risk assessment prepared in support of a regulatory 
requirement described in subsection (a)(1) which is likely to result in 
annual increase in cost of less than $25,000,000. Such exemptions may 
be made for specific risk assessments or classes of risk assessments.
    ``(f) General Rule on Applicability.--The requirements of this 
section shall apply to any regulatory requirement described in 
subsection (a)(1) or guidance described in subsection (a)(2) that is 
issued after the last day of the 1-year period beginning on the date of 
the enactment of this section.
    ``(g) Significant Regulatory Actions and Guidance.--
            ``(1) Applicability of requirements.--In addition to the 
        regulatory requirements and guidance referred to in subsection 
        (f), the requirements of this section shall apply to--
                    ``(A) any standard, effluent limitation, water 
                quality criterion, water quality based requirement, or 
                other regulatory requirement issued under this Act 
                during the period described in paragraph (2) which is 
                likely to result in an annual increase in cost of 
                $100,000,000 or more; and
                    ``(B) any guidance issued under this Act during the 
                period described in paragraph (2) which, if issued as a 
                regulatory requirement, would be likely to result in 
                annual increase in cost of $100,000,000 or more.
            ``(2) Covered period.--The period described in this 
        paragraph is the period beginning on February 15, 1995, and 
        ending on the last day of the 1-year period beginning on the 
        date of the enactment of this Act.
            ``(3) Review.--Any regulatory requirement described in 
        paragraph (1)(A) or guidance described in paragraph (1)(B) 
        which was issued before the date of the enactment of this 
        section shall be reviewed and, with respect to each such 
        requirement or guidance, the Administrator or the Secretary, as 
        appropriate, shall based on such review--
                    ``(A) certify that the requirement or guidance 
                meets the requirements of this section without 
                revision; or
                    ``(B) reissue the requirement or guidance, after 
                providing notice and opportunity for public comment, 
                with such revisions as may be necessary for compliance 
                with the requirements of this section.
            ``(4) Deadline.--Any regulatory requirement described in 
        paragraph (1)(A) or guidance described in paragraph (1)(B) for 
        which the Administrator or the Secretary, as appropriate, does 
        not issue a certification or revisions under paragraph (3) on 
        or before the last day of the 18-month period beginning on the 
        date of the enactment of this section shall cease to be 
        effective after such last day until the date on which such 
        certification or revisions are issued.''.

SEC. 324. BENEFIT AND COST CRITERION.
    Title III (33 U.S.C. 1311-1330) is further amended by adding at the 
end the following:

``SEC. 324. BENEFIT AND COST CRITERION.

    ``(a) Decision Criterion.--
            ``(1) Certification.--The Administrator or the Secretary of 
        the Army (hereinafter in this section referred to as the 
        `Secretary'), as appropriate, shall not issue--
                    ``(A) any standard, effluent limitation, or other 
                regulatory requirement under this Act; or
                    ``(B) any guidance under this Act which, if issued 
                as a regulatory requirement, would result in an annual 
                increase in cost of $25,000,000 or more,
        unless the Administrator or the Secretary certifies that the 
        requirement or guidance maximizes net benefits to society. Such 
        certification shall be based on an analysis meeting the 
        requirements of subsection (b).
            ``(2) Effect of criterion.--Notwithstanding any other 
        provision of this Act, the decision criterion of paragraph (1) 
        shall supplement and, to the extent there is a conflict, 
        supersede the decision criteria otherwise applicable under this 
        Act; except that the resulting regulatory requirement or 
        guidance shall be economically achievable.
            ``(3) Substantial evidence.--Notwithstanding any other 
        provision of this Act, no regulation or guidance subject to 
        this subsection shall be issued by the Administrator or the 
        Secretary unless the requirement of paragraph (1) is met and 
        the certification is supported by substantial evidence.
    ``(b) Benefit and Cost Analysis Guidance.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, and after providing notice 
        and opportunity for public comment, the Administrator, in 
        concurrence with the Administrator of the Office of Information 
        and Regulatory Affairs, shall issue, and thereafter revise, as 
        appropriate, guidance for conducting benefit and cost analyses 
        in support of making certifications required by subsection (a).
            ``(2) Contents.--Guidance issued under paragraph (1), at a 
        minimum, shall--
                    ``(A) require the identification of available 
                policy alternatives, including the alternative of not 
                regulating and any alternatives proposed during periods 
                for public comment;
                    ``(B) provide methods for estimating the 
                incremental benefits and costs associated with 
                plausible alternatives, including the use of 
                quantitative and qualitative measures;
                    ``(C) require an estimate of the nature and extent 
                of the incremental risk avoided by the
                 standard, effluent limitation, or other regulatory 
requirement, including a statement that places in context the nature 
and magnitude of the estimated risk reduction; and
                    ``(D) require an estimate of the total social, 
                environmental, and economic costs of implementing the 
                standard, effluent limitation, or other regulatory 
                requirement.
    ``(c) Exemptions.--The following shall not be subject to the 
requirements of this section:
            ``(1) The issuance of a permit.
            ``(2) The implementation of any purely procedural 
        requirement.
            ``(3) Water quality criteria established under section 304.
            ``(4) Water quality based standards established under 
        section 303.
    ``(d) Discretionary Exemptions.--The Administrator or the 
Secretary, as appropriate, may exempt from this section any regulatory 
requirement that is likely to result in an annual increase in costs of 
less than $25,000,000. Such exemptions may be made for specific 
regulatory requirements or classes of regulatory requirements.
    ``(e) General Rule on Applicability.--The requirements of this 
section shall apply to any regulatory requirement described in 
subsection (a)(1)(A) or guidance described in subsection (a)(1)(B) that 
is issued after the last day of the 1-year period beginning on the date 
of the enactment of this section.
    ``(f) Significant Regulatory Actions and Guidance.--
            ``(1) Applicability of requirements.--In addition to the 
        regulatory requirements and guidance referred to in subsection 
        (e), this section shall apply to--
                    ``(A) any standard, effluent limitation, or other 
                regulatory requirement issued under this Act during the 
                period described in paragraph (2) which is likely to 
                result in an annual increase in cost of $100,000,000 or 
                more; and
                    ``(B) any guidance issued under this Act during the 
                period described in paragraph (2) which, if issued as a 
                regulatory requirement, would be likely to result in 
                annual increase in cost of $100,000,000 or more.
            ``(2) Covered period.--The period described in this 
        paragraph is the period beginning on February 15, 1995, and 
        ending on the last day of the 1-year period beginning on the 
        date of the enactment of this Act.
            ``(3) Review.--Any regulatory requirement described in 
        paragraph (1)(A) or guidance described in paragraph (1)(B) 
        which was issued before the date of the enactment of this 
        section shall be reviewed and, with respect to each such 
        requirement or guidance, the Administrator or the Secretary, as 
        appropriate, shall based on such review--
                    ``(A) certify that the requirement or guidance 
                meets the requirements of this section without 
                revision; or
                    ``(B) reissue the requirement or guidance, after 
                providing notice and opportunity for public comment, 
                with such revisions as may be necessary for compliance 
                with the requirements of this section.
            ``(4) Deadline.--Any regulatory requirement described in 
        paragraph (1)(A) or guidance described in paragraph (1)(B) for 
        which the Administrator or the Secretary, as appropriate, does 
        not issue a certification or revisions under paragraph (3) on 
        or before the last day of the 18-month period beginning on the 
        date of the enactment of this section shall cease to be 
        effective after such last day until the date on which such 
        certification or revisions are issued.
    ``(g) Study.--Not later than 5 years after the date of the 
enactment of this section, the Administrator, in consultation with the 
Administrator of the Office of Information and Regulatory Affairs, 
shall publish an analysis regarding the precision and accuracy of 
benefit and cost estimates prepared under this section. Such study, at 
a minimum, shall--
            ``(1) compare estimates of the benefits and costs prepared 
        under this section to actual costs and benefits achieved after 
        implementation of regulations or other requirements;
            ``(2) examine and assess alternative analytic methods for 
        conducting benefit and cost analysis, including health-health 
        analysis; and
            ``(3) make recommendations for the improvement of benefit 
        and cost analyses conducted under this section.''.
                     TITLE IV--PERMITS AND LICENSES

SEC. 401. WASTE TREATMENT SYSTEMS FOR CONCENTRATED ANIMAL FEEDING 
              OPERATIONS.

    Section 402(a) is amended by adding the following new paragraph:
            ``(6) Concentrated animal feeding operations.--For purposes 
        of this section, waste treatment systems, including retention 
        ponds or lagoons, used to meet the requirements of this Act for 
        concentrated animal feeding operations, are not waters of the 
        United States. If an existing concentrated animal feeding 
        operation uses a natural topographic impoundment or structure 
        on the effective date of this Act, which is not hydrologically 
        connected to any other waters of the United States, as a waste 
        treatment system or wastewater retention facility, such system 
        or facility is exempt from this Act.
SEC. 402. PERMIT REFORM.

    (a) Duration and Reopeners.--Section 402(b)(1) (33 U.S.C. 
1342(b)(1)) is amended--
            (1) in subparagraph (B) by striking ``five'' and inserting 
        ``10'' and by striking ``and'';
            (2) by inserting ``and'' after the semicolon at the end of 
        subparagraph (D); and
            (3) by adding at the end the following new subparagraph:
                    ``(E) can be modified as necessary to address a 
                significant threat to human health and the 
                environment;''.
    (b) Review of Effluent Limitations.--Section 301(d) (33 U.S.C. 
1311(d)) is amended to read as follows:
    ``(d) Review of Effluent Limitations.--Any effluent limitation 
required by subsection (b)(2) that is established in a permit under 
section 402 shall be reviewed at least every 10 years when the permit 
is reissued, and, if appropriate, revised.''.
    (c) Discharge Limit.--Section 402(a) (33 U.S.C. 1342(a)) is further 
amended by adding at the end the following:
            ``(7) Quantitation level.--
                    ``(A) Establishment.--Not later than 1 year after 
                the date of the enactment of this Act, the 
                Administrator shall establish quantitation levels for 
                pollutants based on the lowest level at which a 
                pollutant can be reliably quantified on an 
                interlaboratory basis for each test method published 
                under section 304(h).
                    ``(B) Permit levels.--Whenever a limitation for a 
                permit issued under this section is set at a level 
                below the quantitation level established for that 
                pollutant under subparagraph (A) for the test method 
                specified in the permit, any measurement of the 
                pollutant greater than the limitation but less than the 
                quantitation level shall not be considered a violation 
                of the permit. All measurements less than the 
                quantitation level shall be deemed equal to zero for 
                purposes of determining compliance with the 
                limitation.''.
    (d) Discharges Under Permit Applications.--Section 402(k) (33 
U.S.C. 1342(k)) is amended--
            (1) in the first sentence by striking ``except'' and 
        inserting ``except for'';
            (2) in the second sentence--
                    (A) by striking ``Until December 31, 1974, in'' and 
                inserting ``In''; and
                    (B) by striking ``(1) section 301, 306, or 402 of 
                this Act, or (2)'' and inserting ``section 402 of this 
                Act or''; and
                    (C) by inserting before the period at the end the 
                following: ``, and provided further that if the 
                discharge results in a violation of effluent 
                limitations or standards promulgated under section 301, 
                302, 303, 304, 306, or 307 of this Act that would be 
                applicable upon issuance of a permit such discharge 
                shall be considered unlawful under section 301 of this 
                Act''; and
            (3) by striking the last sentence..
SEC. 403. REVIEW OF STATE PROGRAMS AND PERMITS.

    (a) Review of State Programs.--Section 402(c) (33 U.S.C. 1342(c)) 
is amended by inserting before the first sentence the following: ``Upon 
approval of a State program under this section, the Administrator shall 
review administration of the program by the State once every 3 
years.''.
    (b) Review of State Permits.--Section 402(d)(2) (33 U.S.C. 
1342(d)(2)) is amended--
            (1) in the first sentence by striking ``as being outside 
        the guidelines and requirements of this Act'' and inserting 
        ``as presenting a substantial risk to human health and the 
        environment''; and
            (2) in the second sentence by striking ``and the effluent 
        limitations'' and all that follows before the period.
    (c) Court Proceedings to Prohibit Introduction of Pollutants into 
Treatment Works.--Section 402(h) (33 U.S.C. 1342(h)) is amended by 
inserting after ``approved or where'' the following: ``the discharge 
involves a significant source of pollutants to the waters of the United 
States and''.

SEC. 404. STATISTICAL NONCOMPLIANCE.

    (a) Number of Excursions.--Section 402(k) (33 U.S.C. 1342(k)) is 
amended by inserting after the first sentence the following: ``In any 
enforcement action or citizen suit under section 309 or 505 of this Act 
or applicable State law alleging noncompliance with a technology-based 
effluent limitation established pursuant to section 301, a permittee 
shall have an affirmative defense to such alleged noncompliance if the 
permittee demonstrates through reference to information contained in 
the applicable rulemaking record that the number of excursions from the 
technology-based effluent limitation are no greater, on an annual 
basis, than the number of excursions expected from the technology on 
which the limit is based and that the discharges do not violate an 
applicable water-quality based limitation or standard.''.
    (b) Pretreatment Standards.--Section 307(d) (33 U.S.C. 1317(d)) is 
amended by adding at the end the following: ``In any enforcement action 
or citizen suit under section 309 or 505 of this Act or applicable 
State law alleging noncompliance with a categorical pretreatment 
standard or local pretreatment limit established pursuant to this 
section, a person who demonstrates through reference to information 
contained in the applicable rulemaking record--
            ``(1) that the number of excursions from the categorical 
        pretreatment standard or local pretreatment limit are no 
        greater, on an annual basis, than the number of excursions 
        expected from the technology on which the pretreatment standard 
        or local pretreatment limit is based, and
            ``(2) that the introduction of pollutants into a publicly 
        owned treatment works does not cause interference with such 
        works or cause a violation by such works of an applicable 
        water-quality based limitation or standard,
shall have an affirmative defense to such alleged noncompliance''.
SEC. 405. ANTI-BACKSLIDING REQUIREMENTS.

    (a) Discharge volume.--Section 402(o)(2) (33 U.S.C. 1342(o)(2)) is 
amended in the first sentence by inserting ``the concentration or 
loading of'' after ``applicable to''.
    (b) Nonapplicability to Potws.--Section 402(o) (33 U.S.C. 1343(o)) 
is amended by adding at the end the following:
            ``(4) Nonapplicability to publicly owned treatment works.--
        The requirements of this subsection shall not apply to 
        permitted discharges from a publicly owned treatment works if 
        the treatment works demonstrates to the satisfaction of the 
        Administrator that--
                    ``(A) the increase in pollutants is a result of 
                conditions beyond the control of the treatment works 
                (such as fluctuations in normal source water 
                availabilities due to sustained drought conditions); 
                and
                    ``(B) effluent quality does not result in 
                impairment of water quality standards established for 
                the receiving waters.''.

SEC. 406. INTAKE CREDITS.

    Section 402 (33 U.S.C. 1342) is further amended by inserting after 
subsection (k) the following:
    ``(l) Intake Credits.--
            ``(1) In general.--Notwithstanding any provision of this 
        Act, in any effluent limitation or other limitation imposed 
        under the permit program established by the Administrator under 
        this section, any State permit program approved under this 
        section (including any program for implementation under section 
        118(c)(2)), any standards established under section 307(a), or 
        any program for industrial users established under section 
        307(b), the Administrator, as applicable, shall or the State, 
        as applicable, may provide credits for pollutants present in or 
        caused by intake water such that an owner or operator of a 
        point source is not required to remove, reduce, or treat the 
        amount of any pollutant in an effluent below the amount of such 
        pollutant that is present in or caused by the intake water for 
        such facility--
                    ``(A)(i) if the source of the intake water and the 
                receiving waters into which the effluent is ultimately 
                discharged are the same or are directly and proximately 
                connected; or
                    ``(ii) if, at the time the limitation or standard 
                is established, the level of the pollutant in the 
                intake water is the same as or lower than the amount of 
                the pollutant in the receiving waters, taking into 
                account analytical variability; and
                    ``(B) for conventional pollutants, to the extent 
                that the discharger demonstrates that the constituents 
                of the conventional pollutants in the intake water are 
                the same as or substantially similar to the 
                constituents of the conventional pollutants in the 
                effluent.
            ``(2) Allowance for incidental amounts.--In determining 
        whether the condition set forth in paragraph (1)(A)(i) is being 
        met, the Administrator shall or the State may, as appropriate, 
        make allowance for incidental amounts of intake water from 
        sources other than the receiving waters.
            ``(3) Credit for nonqualifying pollutants.--The 
        Administrator shall or a State may provide point sources an 
        appropriate credit for pollutants found in intake water in 
        circumstances that do not meet the requirements of paragraph 
        (1), including circumstances in which the source of the intake 
        water meets the maximum contaminant levels or treatment 
        techniques for drinking water contaminants established pursuant 
        to the Safe Drinking Water Act for the pollutant of concern. An 
        appropriate credit for pollutants found in intake water is a 
        credit that assures that an owner or operator of a point source 
        is not required to remove, reduce, or treat the amount of any 
        pollutant in an effluent below the amount of such pollutant 
        that is present in the intake water for such facility, except 
        to the extent that the level of such pollutant in the intake 
        water will cause adverse water quality impact that would not 
        otherwise occur.
            ``(4) Monitoring.--Nothing in this section precludes the 
        Administrator or a State from requiring monitoring of intake 
        water, effluent, or receiving waters to assist in the 
        implementation of this section.''.
SEC. 407. COMBINED SEWER OVERFLOWS.

    Section 402 (33 U.S.C. 1342) is further amended by adding at the 
end the following:
    ``(s) Combined Sewer Overflows.--
            ``(1) Requirement for permits.--Each permit issued pursuant 
        to this section for a discharge from a combined storm and 
        sanitary sewer shall conform with the combined sewer overflow 
        control policy signed by the Administrator on April 11, 1994.
            ``(2) Term of permit.--
                    ``(A) Compliance deadline.--Notwithstanding any 
                compliance schedule under section 301(b), or any permit 
                limitation under section 402(b)(1)(B), the 
                Administrator (or a State with a program approved under 
                subsection (b)) may issue a permit pursuant to this 
                section for a discharge from a combined storm and 
                sanitary sewer, that includes a schedule for compliance 
                with a long-term control plan under the control policy 
                referred to in paragraph (1), for a term not to exceed 
                15 years.
                    ``(B) Extension.--Notwithstanding the compliance 
                deadline specified in subparagraph (A), the 
                Administrator or a State with a program approved under 
                subsection (b) shall extend, on request of an owner or 
                operator of a combined storm and sanitary sewer and 
                subject to subparagraph (C), the period of compliance 
                beyond the last day of the 15-year period--
                            ``(i) if the Administrator or the State 
                        determines that compliance by such last day is 
                        not within the economic capability of the owner 
                        or operator; and
                            ``(ii) if the owner or operator 
                        demonstrates to the satisfaction of the 
                        Administrator or the State reasonable further 
                        progress towards compliance with a long-term 
                        control plan under the control policy referred 
                        to in paragraph (1).
                    ``(C) Limitations on extensions.--
                            ``(i) Extension not appropriate.--
                        Notwithstanding subparagraph (B), the 
                        Administrator or the State need not grant an 
                        extension of the compliance deadline specified 
                        in subparagraph (A) if the Administrator or the 
                        State determines that such an extension is not 
                        appropriate.
                            ``(ii) New York-New Jersey.--Prior to 
                        granting an extension under subparagraph (B) 
                        with respect to a combined sewer overflow 
                        discharge originating in the State of New York 
                        or New Jersey and affecting the other of such 
                        States, the Administrator or the State from 
                        which the discharge originates, as the case may 
                        be, shall provide written notice of the 
                        proposed extension to the other State and shall 
                        not grant the extension unless the other State 
                        approves the extension or does not disapprove 
                        the extension within 90 days of receiving such 
                        written notice.
            ``(3) Savings clause.--Any consent decree or court order 
        entered by a United States district court, or administrative 
        order issued by the Administrator, before the date of the 
        enactment of this subsection establishing any deadlines, 
        schedules, or timetables, including any interim deadlines, 
        schedules, or timetables, for the evaluation, design, or 
        construction of treatment works for control or elimination of 
        any discharge from a municipal combined storm and sanitary 
        sewer system shall be modified upon motion or request by any 
        party to such consent decree or court order, to extend to 
        December 31, 2009, at a minimum, any such deadlines, schedules, 
        or timetables, including any interim deadlines, schedules, or 
        timetables as is necessary to conform to the policy referred to 
        in paragraph (1) or otherwise achieve the objectives of this 
        subsection. Notwithstanding the preceding sentence, the period 
        of compliance with respect to a discharge referred to in 
        paragraph (2)(C)(ii) may only be extended in accordance with 
        paragraph (2)(C)(ii).''.
SEC. 408. SANITARY SEWER OVERFLOWS.

    Section 402 (33 U.S.C. 1342) is further amended by adding at the 
end the following:
    ``(t) Sanitary Sewer Overflows.--
            ``(1) Development of policy.--Not later than 2 years after 
        the date of the enactment of this subsection, the 
        Administrator, in consultation with State and local governments 
        and water authorities, shall develop and publish a national 
        control policy for municipal separate sanitary sewer overflows. 
        The national policy shall recognize and address regional and 
        economic factors.
            ``(2) Issuance of permits.--Each permit issued pursuant to 
        this section for a discharge from a municipal separate sanitary 
        sewer shall conform with the policy developed under paragraph 
        (1).
            ``(3) Compliance deadline.--Notwithstanding any compliance 
        schedule under section 301(b), or any permit limitation under 
        subsection (b)(1)(B), the Administrator or a State with a 
        program approved under subsection (b) may issue a permit 
        pursuant to this section for a discharge from a municipal 
        separate sanitary sewer due to stormwater inflows or 
        infiltration. The permit shall include at a minimum a schedule 
        for compliance with a long-term control plan under the policy 
        developed under paragraph (1), for a term not to exceed 15 
        years.
            ``(4) Extension.--Notwithstanding the compliance deadline 
        specified in paragraph (3), the Administrator or a State with a 
        program approved under subsection (b) shall extend, on request 
        of an owner or operator of a municipal separate sanitary sewer, 
        the period of compliance beyond the last day of such 15-year 
        period if the Administrator or the State determines that 
        compliance by such last day is not within the economic 
        capability of the owner or operator, unless the Administrator 
        or the State determines that the extension is not appropriate.
            ``(5) Effect on other actions.--Before the date of 
        publication of the policy under paragraph (1), the 
        Administrator or Attorney General shall not initiate any 
        administrative or judicial civil penalty action in response to 
        a municipal separate sanitary sewer overflow due to stormwater 
        inflows or infiltration.
            ``(6) Savings clause.--Any consent decree or court order 
        entered by a United States district court, or administrative 
        order issued by the Administrator, before the date of the 
        enactment of this subsection establishing any deadlines, 
        schedules, or timetables, including any interim deadlines, 
        schedules, or timetables, for the evaluation, design, or 
        construction of treatment works for control or elimination of 
        any discharge from a municipal separate sanitary sewer shall be 
        modified upon motion or request by any party to such consent 
        decree or court order, to extend to December 31, 2009, at a 
        minimum, any such deadlines, schedules, or timetables, 
        including any interim deadlines, schedules, or timetables as is 
        necessary to conform to the policy developed under paragraph 
        (1) or otherwise achieve the objectives of this subsection.''.
SEC. 409. ABANDONED MINES.

    Section 402 (33 U.S.C. 1342) is further amended by inserting after 
subsection (o) the following:
    ``(p) Permits for Remediating Party on Abandoned or Inactive Mined 
Lands.--
            ``(1) Applicability.--Subject to this subsection, including 
        the requirements of paragraphs (2) and (3), the Administrator, 
        with the concurrence of the concerned State or Indian tribe, 
        may issue a permit to a remediating party under this section 
        for discharges associated with remediation activity at 
        abandoned or inactive mined lands which modifies any otherwise 
        applicable requirement of sections 301(b), 302, and 403, or any 
        subsection of this section (other than this subsection).
            ``(2) Application for a permit.--A remediating party who 
        desires to conduct remediation activities on abandoned or 
        inactive mined lands from which there is or may be a discharge 
        of pollutants to waters of the United States or from which 
        there could be a significant addition of pollutants from 
        nonpoint sources may submit an application to the 
        Administrator. The application shall consist of a remediation 
        plan and any other information requested by the Administrator 
        to clarify the plan and activities.
            ``(3) Remediation Plan.--The remediation plan shall include 
        (as appropriate and applicable) the following:
                    ``(A) Identification of the remediating party, 
                including any persons cooperating with the concerned 
                State or Indian tribe with respect to the plan, and a 
                certification that the applicant is a remediating party 
                under this section.
                    ``(B) Identification of the abandoned or inactive 
                mined lands addressed by the plan.
                    ``(C) Identification of the waters of the United 
                States impacted by the abandoned or inactive mined 
                lands.
                    ``(D) A description of the physical conditions at 
                the abandoned or inactive mined lands that are causing 
                adverse water quality impacts.
                    ``(E) A description of practices, including system 
                design and construction plans and operation and 
                maintenance plans, proposed to reduce, control, 
                mitigate, or eliminate the adverse water quality 
                impacts and a schedule for implementing such practices 
                and, if it is an existing remediation project, a 
                description of practices proposed to improve the 
                project, if any.
                    ``(F) An analysis demonstrating that the identified 
                practices are expected to result in a water quality 
                improvement for the identified waters.
                    ``(G) A description of monitoring or other 
                assessment to be undertaken to evaluate the success of 
                the practices during and after implementation, 
                including an assessment of baseline conditions.
                    ``(H) A schedule for periodic reporting on progress 
                in implementation of major elements of the plan.
                    ``(I) A budget and identified funding to support 
                the activities described in the plan.
                    ``(J) Remediation goals and objectives.
                    ``(K) Contingency plans.
                    ``(L) A description of the applicant's legal right 
                to enter and conduct activities.
                    ``(M) The signature of the applicant.
                    ``(N) Identification of the pollutant or pollutants 
                to be addressed by the plan.
            ``(4) Permits.--
                    ``(A) Contents.--Permits issued by the 
                Administrator pursuant to this subsection shall--
                            ``(i) provide for compliance with and 
                        implementation of a remediation plan which, 
                        following issuance of the permit, may be 
                        modified by the applicant after providing 
                        notification to and opportunity for review by 
                        the Administrator;
                            ``(ii) require that any modification of the 
                        plan be reflected in a modified permit;
                            ``(iii) require that if, at any time after 
                        notice to the remediating party and opportunity 
                        for comment by the remediating party, the 
                        Administrator determines that the remediating 
                        party is not implementing the approved 
                        remediation plan in substantial compliance with 
                        its terms, the Administrator shall notify the 
                        remediating party of the determination together 
                        with a list specifying the concerns of the 
                        Administrator;
                            ``(iv) provide that, if the identified 
                        concerns are not resolved or a compliance plan 
                        submitted within 90 days of the date of the 
                        notification, the Administrator may take action 
                        under section 309 of this Act;
                            ``(v) provide that clauses (iii) and (iv) 
                        not apply in the case of any action under 
                        section 309 to address violations involving 
                        gross negligence (including reckless, willful, 
                        or wanton misconduct) or intentional misconduct 
                        by the remediating party or any other person;
                            ``(vi) not require compliance with any 
                        limitation issued under sections 301(b), 302, 
                        and 403 or any requirement established by the 
                        Administrator under any subsection of this 
                        section (other than this subsection); and
                            ``(vii) provide for termination of coverage 
                        under the permit without the remediating party 
                        being subject to enforcement under sections 309 
                        and 505 of this Act for any remaining 
                        discharges--
                                    ``(I) after implementation of the 
                                remediation plan;
                                    ``(II) if a party obtains a permit 
                                to mine the site; or
                                    ``(III) upon a demonstration by the 
                                remediating party that the surface 
                                water quality conditions due to 
                                remediation activities at the site, 
                                taken as a whole, are equal to or 
                                superior to the surface water qualities 
                                that existed prior to initiation of 
                                remediation.
                    ``(B) Limitations.--The Administrator shall only 
                issue a permit under this section, consistent with the 
                provisions of this subsection, to a remediating party 
                for discharges associated with remediation action at 
                abandoned or inactive mined lands if the remediation 
                plan demonstrates with reasonable certainty that the 
                actions will result in an improvement in water quality.
                    ``(C) Public participation.--The Administrator may 
                only issue a permit or modify a permit under this 
                section after complying with subsection (b)(3).
                    ``(D) Effect of failure to comply with permit.--
                Failure to comply with terms of a permit issued 
                pursuant to this subsection shall not be deemed to be a 
                violation of an effluent standard or limitation issued 
                under this Act.
                    ``(E) Limitations on statutory construction.--This 
                subsection shall not be construed--
                            ``(i) to limit or otherwise affect the 
                        Administrator's powers under section 504; or
                            ``(ii) to preclude actions pursuant to 
                        section 309 or 505 for any violations of 
                        sections 301(a), 302, 402, and 403 that may 
                        have existed for the abandoned or inactive 
                        mined land prior to initiation of remediation 
                        covered by a permit issued under this 
                        subsection, unless such permit covers 
                        remediation activities implemented by the 
                        permit holder prior to issuance of the permit.
                    ``(F) Deemed approval of compliance plans.--A 
                compliance plan submitted under subparagraph (A)(iv) 
                shall be deemed to be approved on the 90th day 
                following the date of such submission, unless the 
                Administrator notifies the remediating party before 
                such 90th day that the plan has been disapproved.
            ``(5) Definitions.--In this subsection the following 
        definitions apply:
                    ``(A) Remediating party.--The term `remediating 
                party' means--
                            ``(i) the United States (on non-Federal 
                        lands), a State or an Indian tribe or officers, 
                        employees, or contractors thereof; and
                            ``(ii) any person acting in cooperation 
                        with a State or Indian tribe, including a 
                        government agency that owns abandoned or 
                        inactive mined lands for the purpose of 
                        conducting remediation of the mined lands or 
                        that is engaging in remediation activities 
                        incidental to the ownership of the lands.
                Such term does not include any person who, before or 
                following issuance of a permit under this section, 
                directly benefited from or participated in any mining 
                operation (including exploration) associated with the 
                abandoned or inactive mined lands.
                    ``(B) Abandoned or inactive mined lands.--The term 
                `abandoned or inactive mined lands' means lands that 
                were formerly mined and are neither actively mined nor 
                in temporary shutdown at the time of submission of the 
                remediation plan and issuance of a permit under this 
                subsection.
                    ``(C) Mined lands.--The term `mined lands' means 
                the surface or subsurface of an area where mining 
                operations, including exploration, extraction, 
                processing, and beneficiation, have been conducted. 
                Such term includes private ways and roads appurtenant 
                to such area, land excavations, underground mine 
                portals, adits, and surface expressions associated with 
                underground workings, such as glory holes and 
                subsidence features, mining waste, smelting sites 
                associated with other mined lands, and areas where 
                structures, facilities, equipment, machines, tools, or 
                other material or property which result from or have 
                been used in the mining operation are located.
            ``(6) Regulations.--The Administrator may issue regulations 
        establishing more specific requirements that the Administrator 
        determines would facilitate implementation of this subsection. 
        Before issuance of such regulations, the Administrator may 
        establish, on a case-by-case basis after notice and opportunity 
        for public comment as provided by subsection (b)(3), more 
        specific requirements that the Administrator determines would 
        facilitate implementation of this subsection in an individual 
        permit issued to the remediating party.''.
SEC. 410. BENEFICIAL USE OF BIOSOLIDS.

    (a) References.--Section 405(a) (33 U.S.C. 1345(a)) is amended by 
inserting ``(also referred to as `biosolids')'' after ``sewage sludge'' 
the first place it appears.
    (b) Approval of State Programs.--Section 405(f) (33 U.S.C. 1345(f)) 
is amended by adding at the end the following:
            ``(3) Approval of state programs.--Notwithstanding any 
        other provision of this Act, the Administrator shall approve 
        for purposes of this subsection State programs that meet the 
        standards for final use or disposal of sewage sludge 
        established by the Administrator pursuant to subsection (d).''.
    (c) Studies and Projects.--Section 405(g) (33 U.S.C. 1345(g)) is 
amended--
            (1) in the first sentence of paragraph (1) by inserting 
        ``building materials,'' after ``agricultural and horticultural 
        uses,'';
            (2) in paragraph (1) by adding at the end the following: 
        ``Not later than January 1, 1997, and after providing notice 
        and opportunity for public comment, the Administrator shall 
        issue guidance on the beneficial use of sewage sludge.''; and
            (3) in paragraph (2) by striking ``September 30, 1986,'' 
        and inserting ``September 30, 1995,''.

SEC. 411. WASTE TREATMENT SYSTEMS DEFINED.

    Title IV (33 U.S.C. 1341-1345) is further amended by adding at the 
end the following:

``SEC. 406. WASTE TREATMENT SYSTEMS DEFINED.

    ``(a) Issuance of Regulations.--Not later than 1 year of the date 
of the enactment of this section, the Administrator, after consultation 
with State officials, shall issue a regulation defining `waste 
treatment systems'.
    ``(b) Inclusion of Areas.--
            ``(1) Areas which may be included.--In defining the term 
        `waste treatment systems' under subsection (a), the 
        Administrator may include areas used for the treatment of 
        wastes if the Administrator determines that such inclusion will 
        not interfere with the goals of this Act.
            ``(2) Areas which shall be included.--In defining the term 
        `waste treatment systems' under subsection (a), the 
        Administrator shall include, at a minimum, areas used for 
        detention, retention, treatment, settling, conveyance, or 
        evaporation of wastewater, stormwater, or cooling water 
        unless--
                    ``(A) the area was created in or resulted from the 
                impoundment or other modification of navigable waters 
                and construction of the area commenced after the date 
                of the enactment of this section;
                    ``(B) on or after February 15, 1995, the owner or 
                operator allows the area to be used by interstate or 
                foreign travelers for recreational purposes; or
                    ``(C) on or after February 15, 1995, the owner or 
                operator allows the taking of fish or shellfish from 
                the area for sale in interstate or foreign commerce.
    ``(c) Interim Period.--Before the date of issuance of regulations 
under subsection (a), the Administrator or the State (in the case of a 
State with an approved permit program under section 402) shall not 
require a new permit under section 402 or section 404 for any discharge 
into any area used for detention, retention, treatment, settling, 
conveyance, or evaporation of wastewater, stormwater, or cooling water 
unless the area is an area described in subsection (b)(2)(A), 
(b)(2)(B), or (b)(2)(C).
    ``(d) Savings Clause.--Any area which the Administrator or the 
State (in the case of a State with an approved permit program under 
section 402) determined, before February 15, 1995, is a water of the 
United States and for which, pursuant to such determination, the 
Administrator or State issued, before February 15, 1995, a permit under 
section 402 for discharges into such area shall remain a water of the 
United States.
    ``(e) Regulation of Other Areas.--With respect to areas constructed 
for detention, retention, treatment, settling, conveyance, or 
evaporation of wastewater, stormwater, or cooling water that are not 
waste treatment systems as defined by the Administrator pursuant to 
this section and that the Administrator determines are navigable waters 
under this Act, the Administrator or the States, in establishing 
standards pursuant to section 303(c) of this Act or implementing other 
requirements of this Act, shall give due consideration to the uses for 
which such areas were designed and constructed, and need not establish 
standards or other requirements that will impede such uses.''.
SEC. 412. THERMAL DISCHARGES.

    A municipal utility that before the date of the enactment of this 
section has been issued a permit under section 402 of the Federal Water 
Pollution Control Act for discharges into the Upper Greater Miami 
River, Ohio, shall not be required under such Act to construct a 
cooling tower or operate under a thermal management plan unless--
            (1) the Administrator or the State of Ohio determines based 
        on scientific evidence that such discharges result in harm to 
        aquatic life; or
            (2) the municipal utility has applied for and been denied a 
        thermal discharge variance under section 316(a) of such Act.
                      TITLE V--GENERAL PROVISIONS

SEC. 501. CONSULTATION WITH STATES.

    Section 501 (33 U.S.C. 1361) is amended by adding at the end the 
following new subsection:
    ``(g) Consultation With States.--
            ``(1) In general.--The Administrator shall consult with and 
        substantially involve State governments and their 
        representative organizations and, to the extent that they 
        participate in the administration of this Act, tribal and local 
        governments, in the Environmental Protection Agency's 
        decisionmaking, priority setting, policy and guidance 
        development, and implementation under this Act.
            ``(2) Inapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to meetings held to carry out paragraph (1)--
                    ``(A) if such meetings are held exclusively between 
                Federal officials and elected officers of State, local, 
                and tribal governments (or their designated employees 
                with authority to act on their behalf) acting in their 
                official capacities; and
                    ``(B) if such meetings are solely for the purposes 
                of exchanging views, information, or advice relating to 
                the management or implementation of this Act.
            ``(3) Implementing guidelines.--No later than 6 months 
        after the date of the enactment of this paragraph, the 
        Administrator shall issue guidelines for appropriate 
        implementation of this subsection consistent with applicable 
        laws and regulations.''.

SEC. 502. NAVIGABLE WATERS DEFINED.

    Section 502(7) (33 U.S.C. 1362(7)) is amended by adding at the end 
the following: ``Such term does not include `waste treatment systems', 
as defined under section 406.''.
SEC. 503. CAFO DEFINITION CLARIFICATION.

    Section 502(14) (33 U.S.C. 1362(14)) is further amended--
            (1) by inserting ``(other than an intermittent nonproducing 
        livestock operation such as a stockyard or a holding and 
        sorting facility)'' after ``feeding operation''; and
            (2) by adding at the end the following: ``The term does 
        include an intermittent nonproducing livestock operation if the 
        average number of animal units that are fed or maintained in 
        any 90-day period exceeds the number of animal units determined 
        by the Administrator or the State (in the case of a State with 
        an approved permit program under section 402) to constitute a 
        concentrated animal feeding operation or if the operation is 
        designated by the Administrator or State as a significant 
        contributor of pollution.''.
SEC. 504. PUBLICLY OWNED TREATMENT WORKS DEFINED.

    Section 502 (33 U.S.C. 1362) is further amended by adding at the 
end the following:
    ``(27) The term `publicly owned treatment works' means a treatment 
works, as defined in section 212, located at other than an industrial 
facility, which is designed and constructed principally, as determined 
by the Administrator, to treat domestic sewage or a mixture of domestic 
sewage and industrial wastes of a liquid nature. In the case of such a 
facility that is privately owned, such term includes only those 
facilities that, with respect to such industrial wastes, are carrying 
out a pretreatment program meeting all the requirements established 
under section 307 and paragraphs (8) and (9) of section 402(b) for 
pretreatment programs (whether or not the treatment works would be 
required to implement a pretreatment program pursuant to such 
sections).''.

SEC. 505. STATE WATER QUANTITY RIGHTS.

    (a) Policy.--Section 101(g) (33 U.S.C. 1251(g)) is amended by 
inserting before the period at the end of the last sentence ``and in 
accordance with section 510(b) of this Act''.
    (b) State Authority.--Section 510 (33 U.S.C. 1370) is amended--
            (1) by striking the section heading and ``Sec. 510. 
        Except'' and inserting the following:

``SEC. 510. STATE AUTHORITY.

    ``(a) In General.--Except''; and
            (2) by adding at the end the following new subsection:
    ``(b) Water Rights.--Nothing in this Act shall be construed to 
supersede, abrogate, or otherwise impair any right or authority of a 
State to allocate quantities of water (including boundary waters). 
Nothing in this Act shall be implemented, enforced, or construed to 
allow any officer or agency of the United States to utilize directly or 
indirectly the authorities established under this Act to impose any 
requirement not imposed by the State which would supersede, abrogate, 
or otherwise impair rights to the use of water resources allocated 
under State law, interstate water compact, or Supreme Court decree, or 
held by the United States for use by a State, its political 
subdivisions, or its citizens. No water rights arise in the United 
States or any other person under the provisions of this Act. This 
subsection shall not be construed as limiting any State's authority 
under section 401 of this Act, as excusing any person from obtaining a 
permit under section 402 or 404 of this Act, or as excusing any 
obligation to comply with requirements established by a State to 
implement section 319.''.

SEC. 506. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT TO 
              NONPETROLEUM OIL PRODUCTS AND OIL SUBSTITUTES.

    (a) Differentiation Among Petroleum and Nonpetroleum Products.--
            (1) In general.--In issuing or enforcing a regulation, an 
        interpretation, or a guideline relating to a fat, oil, or 
        grease under the Oil Pollution Act of 1990 or the Federal Water 
        Pollution Control Act, the head of a Federal agency shall--
                    (A) differentiate between and establish separate 
                classes for petroleum and nonpetroleum oil products and 
                oil substitutes, including animal fats, vegetable oils, 
                and silicone fluids; and
                    (B) apply different standards and reporting 
                requirements (including reporting requirements based on 
                quantitative amounts) to different classes of petroleum 
                and nonpetroleum oil products and oil substitutes as 
                provided in paragraph (2).
            (2) Considerations.--In differentiating between the classes 
        of petroleum products and nonpetroleum oil products and oil 
        substitutes, the head of the Federal agency shall consider 
        differences in physical, chemical, biological, and other 
        properties, and in the environmental effects, of the classes.
    (b) Definitions.--In this section, the following definitions apply:
            (1) Animal fat.--The term ``animal fat'' means each type of 
        animal fat, oil, or grease, including fat, oil, or grease from 
        fish or a marine mammal and any fat, oil, or grease referred to 
        in section 61(a)(2) of title 13, United States Code.
            (2) Vegetable oil.--The term ``vegetable oil'' means each 
        type of vegetable oil, including vegetable oil from a seed, 
        nut, or kernel and any vegetable oil referred to in section 
        61(a)(1) of title 13, United States Code.

SEC. 507. DISPUTE RESOLUTION.

    (a) In General.--Section 401 of the Federal Water Pollution Control 
Act does not apply with respect to the licensing of a hydroelectric 
project under part I of the Federal Power Act if the relevant Federal 
agency makes the determination referred to in subsection (b) in 
accordance with the mechanism described in subsection (c).
    (b) Determination.--The determination referred to in subsection (a) 
is a specific determination that a denial, condition, or requirement of 
a certification under section 401 of the Federal Water Pollution 
Control Act for the project is inconsistent with the purposes and 
requirements of part I of the Federal Power Act.
    (c) Mechanism.--The dispute resolution mechanism for purposes of 
subsection (a) shall be a mechanism established by the relevant Federal 
agency, in consultation with the Administrator and the States, for 
resolving any conflicts or unreasonable consequences resulting from 
actions taken under section 401 by a State, an interstate water 
pollution control agency, or the Administrator relating to the issuance 
of a license (or to activities under such license) for a hydroelectric 
project under part I of the Federal Power Act. Such mechanism shall 
include, at a minimum, a process whereby--
            (1) the relevant Federal agency, in coordination with the 
        State, the interstate agency or the Administrator (as the case 
        may be) may determine whether any denial, condition, or 
        requirement under section 401 of the Federal Water Pollution 
        Control Act relating to the issuance of such license or to 
        activities under such license is inconsistent with the purposes 
        and requirements of part I of the Federal Power Act;
            (2) such denial, condition, or requirement shall be 
        presumed to be consistent with the purposes and requirements of 
        part I of the Federal Power Act if based on temperature, 
        turbidity, or other objective water quality criteria regulating 
        discharges of pollutants; and
            (3) any denial, condition, or requirement not based on such 
        criteria shall be presumed to be consistent with the purposes 
        and requirements of part I of the Federal Power Act unless the 
        relevant Federal agency, after attempting to resolve any 
        inconsistency, makes a specific determination under subsection 
        (b) and publishes such determination, together with the basis 
        for such determination, in the license or other appropriate 
        order.

SEC. 508. NEEDS ESTIMATE.

    Section 516(b)(1) (33 U.S.C. 1375(b)(1)) is amended--
            (1) in the first sentence by striking ``biennially 
        revised'' and inserting ``quadrennially revised''; and
            (2) in the second sentence by striking ``February 10 of 
        each odd-numbered year'' and inserting ``December 31, 1997, and 
        December 31 of every 4th calendar year thereafter''.

SEC. 509. PROGRAM AUTHORIZATIONS.

    (a) Limit on Authorizations.--No funds are authorized for any 
fiscal year after fiscal year 2000 for carrying out the programs and 
activities for which funds are authorized by this Act, including 
amendments made by this Act.
    (b) General Program Authorizations.--Section 517 (33 U.S.C. 1376) 
is amended--
            (1) by striking ``and'' before ``$135,000,000''; and
            (2) by inserting before the period at the end the 
        following: ``, and such sums as may be necessary for each of 
        fiscal years 1991 through 2000''.

SEC. 510. INDIAN TRIBES.

    (a) Cooperative Agreements.--Section 518(d) (33 U.S.C. 1377(d)) is 
amended by adding at the end the following: ``In exercising the review 
and approval provided in this paragraph, the Administrator shall 
respect the terms of any cooperative agreement that addresses the 
authority or responsibility of a State or Indian tribe to administer 
the requirements of this Act within the exterior boundaries of a 
Federal Indian reservation, so long as that agreement otherwise 
provides for the adequate administration of this Act.''.
    (b) Treatment as States.--Section 518(e) (33 U.S.C. 1377(e)) is 
amended--
            (1) in paragraph (2)--
                    (A) by striking ``water resources which are'' and 
                inserting ``water resources within the exterior 
                boundaries of a Federal Indian reservation which are on 
                or appurtenant to lands'';
                    (B) by inserting ``or'' after ``Indians,'';
                    (C) by striking ``member of an Indian tribe'' and 
                inserting ``member of the reservation's governing 
                Indian tribe'';
                    (D) by striking ``, or otherwise within the borders 
                of an Indian reservation''; and
                    (E) by striking ``and'' at the end;
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) the Administrator's action does not authorize the 
        Indian tribe to regulate lands owned in whole or in part by 
        nonmembers of the tribe or the use of water resources on or 
        appurtentant to such lands.''.
    (c) Dispute Resolution.--Section 518 is amended--
            (1) by redesignating subsection (h) as subsection (j); and
            (2) by inserting after subsection (g) the following new 
        subsection:
    ``(h) Dispute Resolution.--The Administrator shall promulgate, in 
consultation with States and Indian tribes, regulations which provide 
for the resolution of any unreasonable consequences that may arise as a 
result of differing water quality standards that may be set by States 
and Indian tribes located on common bodies of water. Such mechanism 
shall provide, in a manner consistent with the objectives of this Act, 
that persons who are affected by differing tribal or State water 
quality permit requirements have standing to utilize the dispute 
resolution process, and for the explicit consideration of relevant 
factors, including the effects of differing water quality permit 
requirements on upstream and downstream dischargers, economic impacts, 
and present and historical uses and quality of the waters subject to 
such standards.''.
    (d) Petitions for Review.--Section 518 (33 U.S.C. 1377) is amended 
by inserting after subsection (h) (as added by subsection (b) of this 
section) the following:
    ``(i) District Courts; Petition for Review; Standard of Review.--
Notwithstanding the provisions of section 509, the United States 
district courts shall have jurisdiction over actions brought to review 
any determination of the Administrator under section 518. Such an 
action may be brought by a State or an Indian tribe and shall be filed 
with the court within the 90-day period beginning on the date of the 
determination of the Administrator is made. In any such action, the 
district court shall review the Administrator's determination de 
novo.''.
    (e) Definitions.--Section 518(j)(1), as redesignated by subsection 
(b) of this section, is amended by inserting before the semicolon at 
the end the following: ``, and, in the State of Oklahoma, such term 
includes lands held in trust by the United States for the benefit of an 
Indian tribe or an individual member of an Indian tribe, lands which 
are subject to Federal restrictions against alienation, and lands which 
are located within a dependent Indian community, as defined in section 
1151 of title 18, United States Code''.
    (f) Reservation of Funds.--Section 518(c) (33 U.S.C. 1377(c)) is 
amended in the first sentence--
            (1) by striking ``beginning after September 30, 1986,'';
            (2) by striking ``section 205(e)'' and inserting ``section 
        604(a)'';
            (3) by striking ``one-half of''; and
            (4) by striking ``section 207'' and inserting ``sections 
        607 and 608''.
SEC. 511. FOOD PROCESSING AND FOOD SAFETY.

    Title V (33 U.S.C. 1361-1377) is amended by redesignating section 
519 as section 522 and by inserting after section 518 the following:

``SEC. 519. FOOD PROCESSING AND FOOD SAFETY.

    ``In developing any effluent guideline under section 304(b), 
pretreatment standard under section 307(b), or new source performance 
standard under section 306 that is applicable to the food processing 
industry, the Administrator shall consult with and consider the 
recommendations of the Food and Drug Administration, Department of 
Health and Human Services, Department of Agriculture, and Department of 
Commerce. The recommendations of such departments and agencies and a 
description of the Administrator's response to those recommendations 
shall be made part of the rulemaking record for the development of such 
guidelines and standards. The Administrator's response shall include an 
explanation with respect to food safety, including a discussion of 
relative risks, of any departure from a recommendation by any such 
department or agency.''.

SEC. 512. AUDIT DISPUTE RESOLUTION.

    Title V (33 U.S.C. 1361-1377) is further amended by inserting 
before section 522, as redesignated by section 511 of this Act, the 
following:

``SEC. 520. AUDIT DISPUTE RESOLUTION.

    ``(a) Establishment of Board.--The Administrator shall establish an 
independent Board of Audit Appeals (hereinafter in this section 
referred to as the `Board') in accordance with the requirements of this 
section.
    ``(b) Duties.--The Board shall have the authority to review and 
decide contested audit determinations related to grant and contract 
awards under this Act. In carrying out such duties, the Board shall 
consider only those regulations, guidance, policies, facts, and 
circumstances in effect at the time of the grant or contract award.
    ``(c) Prior Eligibility Decisions.--The Board shall not reverse 
project cost eligibility determinations that are supported by an 
decision document of the Environmental Protection Agency, including 
grant or contract approvals, plans and specifications approval forms, 
grant or contract payments, change order approval forms, or similar 
documents approving project cost eligibility, except upon a showing 
that such decision was arbitrary, capricious, or an abuse of law in 
effect at the time of such decision.
    ``(d) Membership.--
            ``(1) Appointment.--The Board shall be composed of 7 
        members to be appointed by the Administrator not later than 90 
        days after the date of the enactment of this section.
            ``(2) Terms.--Each member shall be appointed for a term of 
        3 years.
            ``(3) Qualifications.--The Administrator shall appoint as 
        members of the Board individuals who are specially qualified to 
        serve on the Board by virtue of their expertise in grant and 
        contracting procedures. The Administrator shall make every 
        effort to ensure that individuals appointed as members of the 
        Board are free from conflicts of interest in carrying out the 
        duties of the Board.
    ``(e) Basic Pay and Travel Expenses.--
            ``(1) Rates of pay.--Except as provided in paragraph (2), 
        members shall each be paid at a rate of basic pay, to be 
        determined by the Administrator, for each day (including travel 
        time) during which they are engaged in the actual performance 
        of duties vested in the Board.
            ``(2) Prohibition of compensation of federal employees.--
        Members of the Board who are full-time officers or employees of 
        the United States may not receive additional pay, allowances, 
        or benefits by reason of their service on the Board.
            ``(3) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    ``(f) Administrative Support Services.--Upon the request of the 
Board, the Administrator shall provide to the Board the administrative 
support services necessary for the Board to carry out its 
responsibilities under this section.
    ``(g) Disputes Eligible for Review.--The authority of the Board 
under this section shall extend to any contested audit determination 
that on the date of the enactment of this section has yet to be 
formally concluded and accepted by either the grantee or the 
Administrator.''.

SEC. 513. AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    Title V (33 U.S.C. 1361-1377) is further amended by inserting 
before section 522, as redesignated by section 511 of this Act, the 
following:

``SEC. 521. AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    ``(a) Purchase of American-Made Equipment and Products.--It is the 
sense of Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
Act should be American-made.
    ``(b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Administrator, to the greatest extent 
practicable, shall provide to each recipient of the assistance a notice 
describing the sense of Congress expressed by subsection (a).''.
        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
SEC. 601. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

    Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for 
construction'' and all that follows through the period and inserting 
``to accomplish the purposes of this Act.''.

SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

    (a) Requirements For Construction of Treatment Works.--Section 
602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
            (1) by striking ``before fiscal year 1995''; and
            (2) by striking ``201(b)'' and all that follows through 
        ``218'' and inserting ``211''.
    (b) Compliance With Other Federal Laws.--Section 602 (33 U.S.C. 
1382) is amended by adding at the end the following:
    ``(c) Other Federal Laws.--
            ``(1) Compliance with other federal laws.--If a State 
        provides assistance from its water pollution control revolving 
        fund established in accordance with this title and in 
        accordance with a statute, rule, executive order, or program of 
        the State which addresses the intent of any requirement or any 
        Federal executive order or law other than this Act, as 
        determined by the State, the State in providing such assistance 
        shall be treated as having met the Federal requirements.
            ``(2) Limitation on applicability of other federal laws.--
        If a State does not meet a requirement of a Federal executive 
        order or law other than this Act under paragraph (1), such 
        Federal law shall only apply to Federal funds deposited in the 
        water pollution control revolving fund established by the State 
        in accordance with this title the first time such funds are 
        used to provide assistance from the revolving fund.''.
    (c) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is 
amended by adding at the end the following new subsection:
    ``(d) Guidance for Small Systems.--
            ``(1) Simplified procedures.--Not later than 1 year after 
        the date of the enactment of this subsection, the Administrator 
        shall assist the States in establishing simplified procedures 
        for small systems to obtain assistance under this title.
            ``(2) Publication of manual.--Not later than 1 year after 
        the date of the enactment of this subsection, and after 
        providing notice and opportunity for public comment, the 
        Administrator shall publish a manual to assist small systems in 
        obtaining assistance under this title and publish in the 
        Federal Register notice of the availability of the manual.
            ``(3) Small system defined.--For purposes of this title, 
        the term `small system' means a system for which a municipality 
        or intermunicipal, interstate, or State agency seeks assistance 
        under this title and which serves a population of 20,000 or 
        less.''.

SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    (a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C. 
1383(c)) is amended to read as follows:
    ``(c) Activities Eligible for Assistance.--
            ``(1) In general.--The amounts of funds available to each 
        State water pollution control revolving fund shall be used only 
        for providing financial assistance to activities which have as 
        a principal benefit the improvement or protection of water 
        quality of navigable waters to a municipality, intermunicipal 
        agency, interstate agency, State agency, or other person. Such 
        activities may include the following:
                    ``(A) Construction of a publicly owned treatment 
                works if the recipient of such assistance is a 
                municipality.
                    ``(B) Implementation of lake protection programs 
                and projects under section 314.
                    ``(C) Implementation of a management program under 
                section 319.
                    ``(D) Implementation of a conservation and 
                management plan under section 320.
                    ``(E) Implementation of a watershed management plan 
                under section 321.
                    ``(F) Implementation of a stormwater management 
                program under section 322.
                    ``(G) Acquisition of property rights for the 
                restoration or protection of publicly or privately 
                owned riparian areas.
                    ``(H) Implementation of measures to improve the 
                efficiency of public water use.
                    ``(I) Development and implementation of plans by a 
                public recipient to prevent water pollution.
                    ``(J) Acquisition of lands necessary to meet any 
                mitigation requirements related to construction of a 
                publicly owned treatment works.
            ``(2) Fund amounts.--The water pollution control revolving 
        fund of a State shall be established, maintained, and credited 
        with repayments, and the fund balance shall be available in 
        perpetuity for providing financial assistance described in 
        paragraph (1). Fees charged by a State to recipients of such 
        assistance may be deposited in the fund for the sole purpose of 
        financing the cost of administration of this title.''.
    (b) Extended Repayment Period for Disadvantaged Communities.--
Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended--
            (1) in subparagraph (A) by inserting after ``20 years'' the 
        following: ``or, in the case of a disadvantaged community, the 
        lesser of 40 years or the expected 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 inserting ``upon the 
        expiration of the term of the loan''.
    (c) Loan Guarantees for Innovative Technology.--Section 603(d)(5) 
(33 U.S.C. 1383(d)(5)) is amended to read as follows:
            ``(5) to provide loan guarantees for--
                    ``(A) similar revolving funds established by 
                municipalities or intermunicipal agencies; and
                    ``(B) developing and implementing innovative 
                technologies.''.
    (d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 
1383(d)(7)) is amended by inserting before the period at the end the 
following: ``or $400,000 per year or \1/2\ percent per year of the 
current valuation of such fund, whichever is greater, plus the amount 
of any fees collected by the State for such purpose under subsection 
(c)(2)''.
    (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 paragraph (7) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(8) to provide to small systems technical and planning 
        assistance and assistance in financial management, user fee 
        analysis, budgeting, capital improvement planning, facility 
        operation and maintenance, repair schedules, and other 
        activities to improve wastewater treatment plant operations; 
        except that such amounts shall not exceed 2 percent of all 
        grant awards to such fund under this title.''.
    (f) Consistency With Planning Requirements.--Section 603(f) (33 
U.S.C. 1383(f)) is amended--
            (1) by striking ``is consistent'' and inserting ``is not 
        inconsistent''; and
            (2) by striking ``and 320'' and inserting ``320, 321, and 
        322''.

    (g) Limitations on Construction Assistance.--Section 603(g) (33 
U.S.C. 1383(g)) is amended to read as follows:
    ``(g) Limitations on Construction Assistance.--The State may 
provide financial assistance from its water pollution control revolving 
fund with respect to a project for construction of a publicly owned 
treatment works only if--
            ``(1) such project is on the State's priority list under 
        section 216 of this Act without regard to the rank of such 
        project on the State's priority list; and
            ``(2) the recipient of such assistance is a municipality in 
        any case in which the treatment works is privately owned.''.
    (h) Interest Rates.--Section 603 is further amended by adding at 
the end the following:
    ``(i) Interest Rates.--In any case in which a State makes a loan 
pursuant to subsection (d)(1) to a disadvantaged community, the State 
may charge a negative interest rate of not to exceed 2 percent to 
reduce the unpaid principal of the loan. The aggregate amount of all 
such negative interest rate loans the State makes in a fiscal year 
shall not exceed 20 percent of the aggregate amount of all loans made 
by the State from its revolving loan fund in such fiscal year.
    ``(j) Disadvantaged Community Defined.--As used in this section, 
the term `disadvantaged community' means the service area of a publicly 
owned treatment works with respect to which the average annual 
residential sewage treatment charges for a user of the treatment works 
meet affordability criteria established by the State in which the 
treatment works is located (after providing for public review and 
comment) in accordance with guidelines to be established by the 
Administrator, in cooperation with the States.''.
    (i) Sale of Treatment Works.--Section 603 is further amended by 
adding at the end the following:
    ``(k) Sale of Treatment Works.--
            ``(1) In general.--Notwithstanding any other provisions of 
        this Act, any State, municipality, intermunicipality, or 
        interstate agency may transfer by sale to a qualified private 
        sector entity all or part of a treatment works that is owned by 
        such agency and for which it received Federal financial 
        assistance under this Act if the transfer price will be 
        distributed, as amounts are received, in the following order:
                    ``(A) First reimbursement of the agency of the 
                unadjusted dollar amount of the costs of construction 
                of the treatment works or part thereof plus any 
                transaction and fix-up costs incurred by the agency 
                with respect to the transfer less the amount of such 
                Federal financial assistance provided with respect to 
                such costs.
                    ``(B) If proceeds from the transfer remain after 
                such reimbursement, repayment of the Federal Government 
                of the amount of such Federal financial assistance less 
                the applicable share of accumulated depreciation on 
                such treatment works (calculated using Internal Revenue 
                Service accelerated depreciation schedule applicable to 
                treatment works).
                    ``(C) If any proceeds of such transfer remain after 
                such reimbursement and repayment, retention of the 
                remaining proceeds by such agency.
            ``(2) Release of condition.--Any requirement imposed by 
        regulation or policy for a showing that the treatment works are 
        no longer needed to serve their original purpose shall not 
        apply.
            ``(3) Selection of buyer.--A State, municipality, 
        intermunicipality, or interstate agency exercising the 
        authority granted by this subsection shall select a qualified 
        private sector entity on the basis of total net cost and other 
        appropriate criteria and shall utilize such competitive 
        bidding, direct negotiation, or other criteria and procedures 
        as may be required by State law.
    ``(l) Private Ownership of Treatment Works.--
            ``(1) Regulatory review.--The Administrator shall review 
        the law and any regulations, policies, and procedures of the 
        Environmental Protection Agency affecting the construction, 
        improvement, replacement, operation, maintenance, and transfer 
        of ownership of current and future treatment works owned by a 
        State, municipality, intermunicipality, or interstate agency. 
        If permitted by law, the Administrator shall modify such 
        regulations, policies, and procedures to eliminate any 
        obstacles to the construction, improvement, replacement, 
        operation, and maintenance of such treatment works by qualified 
        private sector entities.
            ``(2) Report.--Not later than 180 days after the date of 
        enactment of this subsection, the Administrator shall submit to 
        Congress a report identifying any provisions of law that must 
        be changed in order to eliminate any obstacles referred to in 
        paragraph (1).
            ``(3) Definition.--For purposes of this section, the term 
        `qualified private sector entity' means any nongovernmental 
        individual, group, association, business, partnership, 
        organization, or privately or publicly held corporation that--
                    ``(A) has sufficient experience and expertise to 
                discharge successfully the responsibilities associated 
                with construction, operation, and maintenance of a 
                treatment works and to satisfy any guarantees that are 
                agreed to in connection with a transfer of treatment 
                works under subsection (k);
                    ``(B) has the ability to assure protection against 
                insolvency and interruption of services through 
                contractual and financial guarantees; and
                    ``(C) with respect to subsection (k), to the extent 
                consistent with the North American Free Trade Agreement 
                and the General Agreement on Tariffs and Trade--
                            ``(i) is majority-owned and controlled by 
                        citizens of the United States; and
                            ``(ii) does not receive subsidies from a 
                        foreign government.''.

SEC. 604. ALLOTMENT OF FUNDS.

    (a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is amended to 
read as follows:
    ``(a) Formula for Fiscal Years 1996-2000.--Sums authorized to be 
appropriated pursuant to section 607 for each of fiscal years 1996, 
1997, 1998, 1999, and 2000 shall be allotted for such year by the 
Administrator not later than the 10th day which begins after the date 
of the enactment of the Clean Water Amendments of 1995. Sums authorized 
for each such fiscal year shall be allotted in accordance with the 
following table:

``States:                                Percentage of sums authorized:
    Alabama.......................................               0.7736
    Alaska........................................               0.2500
    Arizona.......................................               1.1526
    Arkansas......................................               0.3853
    California....................................               9.3957
    Colorado......................................               0.6964
    Connecticut...................................               1.3875
    Delaware......................................               0.2500
    District of Columbia..........................               0.3203
    Florida.......................................               3.4696
    Georgia.......................................               2.0334
    Hawaii........................................               0.2629
    Idaho.........................................               0.2531
    Illinois......................................               5.6615
    Indiana.......................................               3.1304
    Iowa..........................................               0.6116
    Kansas........................................               0.8749
    Kentucky......................................               1.3662
    Louisiana.....................................               1.0128
    Maine.........................................               0.6742
    Maryland......................................               1.6701
    Massachusetts.................................               4.3755
    Michigan......................................               3.8495
    Minnesota.....................................               1.3275
    Mississippi...................................               0.6406
    Missouri......................................               1.7167
    Montana.......................................               0.2500
    Nebraska......................................               0.4008
    Nevada........................................               0.2500
    New Hampshire.................................               0.4791
    New Jersey....................................               4.7219
    New Mexico....................................               0.2500
    New York......................................              14.7435
    North Carolina................................               2.5920
    North Dakota..................................               0.2500
    Ohio..........................................               4.9828
    Oklahoma......................................               0.6273
    Oregon........................................               1.2483
    Pennsylvania..................................               4.2431
    Rhode Island..................................               0.4454
    South Carolina................................               0.7480
    South Dakota..................................               0.2500
    Tennessee.....................................               1.4767
    Texas.........................................               4.6773
    Utah..........................................               0.2937
    Vermont.......................................               0.2722
    Virginia......................................               2.4794
    Washington....................................               2.2096
    West Virginia.................................               1.4346
    Wisconsin.....................................               1.4261
    Wyoming.......................................               0.2500
    Puerto Rico...................................               1.0866
    Northern Marianas.............................               0.0308
    American Samoa................................               0.0908
    Guam..........................................               0.0657
    Palau.........................................               0.1295
    Virgin Islands................................           0.0527.''.
    (b) Conforming Amendment.--Section 604(c)(2) is amended by striking 
``title II of this Act'' and inserting ``this title''.

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 (33 U.S.C. 1387(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(6) such sums as may be necessary for fiscal year 1995;
            ``(7) $2,250,000,000 for fiscal year 1996;
            ``(8) $2,300,000,000 for fiscal year 1997;
            ``(9) $2,300,000,000 for fiscal year 1998;
            ``(10) $2,300,000,000 for fiscal year 1999; and
            ``(11) $2,300,000,000 for fiscal year 2000.''.
                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. TECHNICAL AMENDMENTS.

    (a) Section 118.--Section 118(c)(1)(A) (33 U.S.C. 1268(c)(1)(A)) is 
amended by striking the last comma.
    (b) Section 120.--Section 120(d) (33 U.S.C. 1270(d)) is amended by 
striking ``(1)''.
    (c) Section 204.--Section 204(a)(3) (33 U.S.C. 1284(a)(3)) is 
amended by striking the final period and inserting a semicolon.
    (d) Section 205.--Section 205 (33 U.S.C. 1285) is amended--
            (1) in subsection (c)(2) by striking ``and 1985'' and 
        inserting ``1985, and 1986'';
            (2) in subsection (c)(2) by striking ``through 1985'' and 
        inserting ``through 1986'';
            (3) in subsection (g)(1) by striking the period following 
        ``4 per centum''; and
            (4) in subsection (m)(1)(B) by striking ``this'' the last 
        place it appears and inserting ``such''.
    (e) Section 208.--Section 208 (33 U.S.C. 1288) is amended--
            (1) in subsection (h)(1) by striking ``designed'' and 
        inserting ``designated''; and
            (2) in subsection (j)(1) by striking ``September 31, 1988'' 
        and inserting ``September 30, 1988''.
    (f) Section 301.--Section 301(j)(1)(A) (33 U.S.C. 1311(j)(1)(A)) is 
amended by striking ``that'' the first place it appears and inserting 
``than''.
    (g) Section 309.--Section 309(d) (33 U.S.C. 1319(d)) is amended by 
striking the second comma following ``Act by a State''.
    (h) Section 311.--Section 311 (33 U.S.C. 1321) is amended--
            (1) in subsection (b) by moving paragraph (12) (including 
        subparagraphs (A), (B) and (C)) 2 ems to the right; and
            (2) in subsection (h)(2) by striking ``The'' and inserting 
        ``the''.
    (i) Section 505.--Section 505(f) (33 U.S.C. 1365(f)) is amended by 
striking the last comma.
    (j) Section 516.--Section 516 (33 U.S.C. 1375) is amended by 
redesignating subsection (g) as subsection (f).
    (k) Section 518.--Section 518(f) (33 U.S.C. 1377(f)) is amended by 
striking ``(d)'' and inserting ``(e)''.

SEC. 702. JOHN A. BLATNIK NATIONAL FRESH WATER QUALITY RESEARCH 
              LABORATORY.

    (a) Designation.--The laboratory and research facility established 
pursuant to section 104(e) of the Federal Water Pollution Control Act 
(33 U.S.C. 1254(e)) that is located in Duluth, Minnesota, shall be 
known and designated as the ``John A. Blatnik National Fresh Water 
Quality Research Laboratory''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the laboratory and 
research facility referred to in subsection (a) shall be deemed to be a 
reference to the ``John A. Blatnik National Fresh Water Quality 
Research Laboratory''.
SEC. 703. WASTEWATER SERVICE FOR COLONIAS.

    (a) Grant Assistance.--The Administrator may make grants to States 
along the United States-Mexico border to provide assistance for 
planning, design, and construction of treatment works and appropriate 
connections to provide wastewater service to the communities along such 
border commonly known as ``colonias''.
    (b) Treatment Works Defined.--For purposes of this section, the 
term ``treatment works'' has the meaning such term has under section 
212 of the Federal Water Pollution Control Act.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated for making grants under subsection (a) $50,000,000 for 
fiscal year 1996. Such sums shall remain available until expended.

SEC. 704. SAVINGS IN MUNICIPAL DRINKING WATER COSTS.

    (a) Study.--The Administrator of the Environmental Protection 
Agency, in consultation with the Director of the Office of Management 
and Budget, shall review, analyze, and compile information on the 
annual savings that municipalities realize in the construction, 
operation, and maintenance of drinking water facilities as a result of 
actions taken under the Federal Water Pollution Control Act.
    (b) Contents.--The study conducted under subsection (a), at a 
minimum, shall contain an examination of the following elements:
            (1) Savings to municipalities in the construction of 
        drinking water filtration facilities resulting from actions 
        taken under the Federal Water Pollution Control Act.
            (2) Savings to municipalities in the operation and 
        maintenance of drinking water facilities resulting from actions 
        taken under such Act.
            (3) Savings to municipalities in health expenditures 
        resulting from actions taken under such Act.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Administrator shall transmit
 to Congress a report containing the results of the study conducted 
under subsection (a).

            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Comprehensive Wetlands 
Conservation and Management Act of 1995''.

SEC. 802. FINDINGS AND STATEMENT OF PURPOSE.

    (a) Findings.--Congress finds that--
            (1) wetlands play an integral role in maintaining the 
        quality of life through material contributions to our national 
        economy, food supply, water supply and quality, flood control, 
        and fish, wildlife, and plant resources, and thus to the 
        health, safety, recreation and economic well-being of citizens 
        throughout the Nation;
            (2) wetlands serve important ecological and natural 
        resource functions, such as providing essential nesting and 
        feeding habitat for waterfowl, other wildlife, and many rare 
        and endangered species, fisheries habitat, the enhancement of 
        water quality, and natural flood control;
            (3) much of the Nation's resource has sustained significant 
        degradation, resulting in the need for effective programs to 
        limit the loss of ecologically significant wetlands and to 
        provide for long-term restoration and enhancement of the 
        wetlands resource base;
            (4) most of the loss of wetlands in coastal Louisiana is 
        not attributable to human activity;
            (5) because 75 percent of the Nation's wetlands in the 
        lower 48 States are privately owned and because the majority of 
        the Nation's population lives in or near wetlands areas, an 
        effective wetlands conservation and management program must 
        reflect a balanced approach that conserves and enhances 
        important wetlands values and functions while observing private 
        property rights, recognizing the need for essential public 
        infrastructure, such as highways, ports, airports, pipelines, 
        sewer systems, and public water supply systems, and providing 
        the opportunity for sustained economic growth;
            (6) while wetlands provide many varied economic and 
        environmental benefits, they also present health risks in some 
        instances where they act as breeding grounds for insects that 
        are carriers of human and animal diseases;
            (7) the Federal permit program established under section 
        404 of the Federal Water Pollution Control Act was not 
        originally conceived as a wetlands regulatory program and is 
        insufficient to ensure that the Nation's wetlands resource base 
        will be conserved and managed in a fair and environmentally 
        sound manner; and
            (8) navigational dredging plays a vital role in the 
        Nation's economy and, while adequate safeguards for aquatic 
        resources must be maintained, it is essential that the 
        regulatory process be streamlined.
    (b) Purpose.--The purpose of this title is to establish a new 
Federal regulatory program for certain wetlands and waters of the 
United States--
            (1) to assert Federal regulatory jurisdiction over a broad 
        category of specifically identified activities that result in 
        the degradation or loss of wetlands;
            (2) to provide that each Federal agency, officer, and 
        employee exercise Federal authority under section 404 of the 
        Federal Water Pollution Control Act to ensure that agency 
        action under such section will not limit the use of privately 
        owned property so as to diminish its value;
            (3) to account for variations in wetlands functions in 
        determining the character and extent of regulation of 
        activities occurring in wetlands areas;
            (4) to provide sufficient regulatory incentives for 
        conservation, restoration, or enhancement activities;
            (5) to encourage conservation of resources on a watershed 
        basis to the fullest extent practicable;
            (6) to protect public safety and balance public and private 
        interests in determining the conditions under which activity in 
        wetlands areas may occur; and
            (7) to streamline the regulatory mechanisms relating to 
        navigational dredging in the Nation's waters.

SEC. 803. WETLANDS CONSERVATION AND MANAGEMENT.

    Title IV (33 U.S.C. 1341 et seq.) is further amended by striking 
section 404 and inserting the following new section:

``SEC. 404. PERMITS FOR ACTIVITIES IN WETLANDS OR WATERS OF THE UNITED 
              STATES.

    ``(a) Prohibited Activities.--No person shall undertake an activity 
in wetlands or waters of the United States unless such activity is 
undertaken pursuant to a permit issued by the Secretary or is otherwise 
authorized under this section.
    ``(b) Authorized Activities.--
            ``(1) Permits.--The Secretary is authorized to issue 
        permits authorizing an activity in wetlands or waters of the 
        United States in accordance with the requirements of this 
        section.
            ``(2) Nonpermit activities.--An activity in wetlands or 
        waters of the United States may be undertaken without a permit 
        from the Secretary if that activity is authorized under 
        subsection (e)(6) or (e)(8) or is exempt from the requirements 
        of this section under subsection (f) or other provisions of 
        this section.
    ``(c) Wetlands Classification.--
            ``(1) Regulations; applications.--
                    ``(A) Deadline for issuance of regulations.--Not 
                later than 1 year after the date of the enactment of 
                the Comprehensive Wetlands Conservation and Management 
                Act of 1995, the Secretary, in consultation with the 
                States, shall issue regulations to classify wetlands as 
                type A, type B, or type C wetlands depending on the 
                relative ecological significance of the wetlands.
                    ``(B) Application requirement.--Any person seeking 
                to undertake activities in wetlands or waters of the 
                United States for which a permit is required under this 
                section shall make application to the Secretary 
                identifying the site of such activity and requesting 
                that the Secretary determine, in accordance with 
                paragraph (3) of this subsection, the classification of 
                the wetlands in which such activity is proposed to 
                occur. The applicant may also provide such additional 
                information regarding such proposed activity as may be 
                necessary or appropriate for purposes of determining 
                the classification of such wetlands or whether and 
                under what conditions the proposed activity may be 
                permitted to occur.
            ``(2) Deadlines for classifications.--
                    ``(A) General rule.--Except as provided in 
                subparagraph (B) of this paragraph, within 90 days 
                following the receipt of an application under paragraph 
                (1), the Secretary shall provide notice to the 
                applicant of the classification of the wetlands that 
                are the subject of such application and shall state in 
                writing the basis for such classification. The 
                classification of the wetlands that are the subject of 
                the application shall be determined by the Secretary in 
                accordance with the requirements for classification of 
                wetlands under paragraph (3) and subsection (i).
                    ``(B) Rule for advance classifications.--In the 
                case of an application proposing activities located in 
                wetlands that are the subject of an advance 
                classification under subsection (h), the Secretary 
                shall provide notice to the applicant of such 
                classification within thirty days following the receipt 
                of such application, and shall provide an opportunity 
                for review of such classification under paragraph (5) 
                and subsection (i).
            ``(3) Classification system.--Upon application under this 
        subsection, the Secretary shall--
                    ``(A) classify as type A wetlands those wetlands 
                that are of critical significance to the long-term 
                conservation of the aquatic environment of which such 
                wetlands are a part and which meet the following 
                requirements:
                            ``(i) such wetlands serve critical wetlands 
                        functions, including the provision of critical 
                        habitat for a concentration of avian, aquatic, 
                        or wetland dependent wildlife;
                            ``(ii) such wetlands consist of or may be a 
                        portion of ten or more contiguous acres and 
                        have an inlet or outlet for relief of water 
                        flow; except that this requirement shall not 
                        operate to preclude the classification as type 
                        A wetlands lands containing prairie pothole 
                        features, playa lakes, or vernal pools if such 
                        lands otherwise meet the requirements for type 
                        A classification under this paragraph based on 
                        verifiable, objective science;
                            ``(iii) there exists a scarcity within the 
                        watershed or aquatic environment of identified 
                        functions served by such wetlands such that the 
                        use of such wetlands for an activity in 
                        wetlands or waters of the United States would 
                        seriously jeopardize the availability of these 
                        identified wetlands functions; and
                            ``(iv) there is unlikely to be an 
                        overriding public interest in the use of such 
                        wetlands for purposes other than conservation;
                    ``(B) classify as type B wetlands those wetlands 
                that provide habitat for a significant population of 
                wetland dependent wildlife or provide other significant 
                wetlands functions, including significant enhancement 
                or protection of water quality or significant natural 
                flood control; and
                    ``(C) classify as type C wetlands all wetlands 
                that--
                            ``(i) serve limited wetlands functions;
                            ``(ii) serve marginal wetlands functions 
                        but which exist in such abundance that 
                        regulation of activities in such wetlands is 
                        not necessary for conserving important wetlands 
                        functions;
                            ``(iii) are fastlands; or
                            ``(iv) are wetlands within industrial, 
                        commercial, or residential complexes or other 
                        intensely developed areas that do not serve 
                        significant wetlands functions as a result of 
                        such location.
            ``(4) Request for determination of jurisdiction.--
                    ``(A) In general.--A person who holds an ownership 
                interest in property, or who has written authorization 
                from such a person, may submit a request to the 
                Secretary identifying the property and requesting the 
                Secretary to make one or more of the following 
                determinations with respect to the property:
                            ``(i) Whether the property contains waters 
                        of the United States.
                            ``(ii) If the determination under clause 
                        (i) is made, whether any portion of the waters 
                        meets the requirements for delineation as 
                        wetland under subsection (g).
                            ``(iii) If the determination under clause 
                        (ii) is made, the classification of each 
                        wetland on the property under this subsection.
                    ``(B) Provision of information.--The person shall 
                provide such additional information as may be necessary 
                to make each determination requested under subparagraph 
                (A).
                    ``(C) Determination and notification by the 
                secretary.--Not later than 90 days after receipt of a 
                request under subparagraph (A), the Secretary shall--
                            ``(i) notify the person submitting the 
                        request of each determination made by the 
                        Secretary pursuant to the request; and
                            ``(ii) provide written documentation of 
                        each determination and the basis for each 
                        determination.
                    ``(D) Authority to seek immediate review.--Any 
                person authorized under this paragraph to request a 
                jurisdictional determination may seek immediate 
                judicial review of any such jurisdictional 
                determination or may proceed under subsection (i).
            ``(5) De novo determination after advance classification.--
        Within 30 days of receipt of notice of an advance 
        classification by the Secretary under paragraph (2)(B) of this 
        subsection, an applicant may request the Secretary to make a de 
        novo determination of the classification of wetlands that are 
        the subject of such notice.
    ``(d) Right to Compensation.--
            ``(1) In general.--The Federal Government shall compensate 
        an owner of property whose use of any portion of that property 
        has been limited by an agency action under this section that 
        diminishes the fair market value of that portion by 20 percent 
        or more. The amount of the compensation shall equal the 
        diminution in value that resulted from the agency action. If 
        the diminution in value of a portion of that property is 
        greater than 50 percent, at the option of the owner, the 
        Federal Government shall buy that portion of the property for 
        its fair market value.
            ``(2) Duration of limitation on use.--Property with respect 
        to which compensation has been paid under this section shall 
        not thereafter be used contrary to the limitation imposed by 
        the agency action, even if that action is later rescinded or 
        otherwise vitiated. However, if that action is later rescinded 
        or otherwise vitiated, and the owner elects to refund the 
        amount of the compensation, adjusted for inflation, to the 
        Treasury of the United States, the property may be so used.
            ``(3) Effect of state law.--If a use is a nuisance as 
        defined by the law of a State or is already prohibited under a 
        local zoning ordinance, no compensation shall be made under 
        this section with respect to a limitation on that use.
            ``(4) Exceptions.--
                    ``(A) Prevention of hazard to health or safety or 
                damage to specific property.--No compensation shall be 
                made under this section with respect to an agency 
                action the primary purpose of which is to prevent an 
                identifiable--
                            ``(i) hazard to public health or safety; or
                            ``(ii) damage to specific property other 
                        than the property whose use is limited.
                    ``(B) Navigation servitude.--No compensation shall 
                be made under this section with respect to an agency 
                action pursuant to the Federal navigation servitude, as 
                defined by the courts of the United States, except to 
                the extent such servitude is interpreted to apply to 
                wetlands.
            ``(5) Procedure.--
                    ``(A) Request of owner.--An owner seeking 
                compensation under this section shall make a written 
                request for compensation to the agency whose agency 
                action resulted in the limitation. No such request may 
                be made later than 180 days after the owner receives 
                actual notice of that agency action.
                    ``(B) Negotiations.--The agency may bargain with 
                that owner to establish the amount of the compensation. 
                If the agency and the owner agree to such an amount, 
                the agency shall promptly pay the owner the amount 
                agreed upon.
                    ``(C) Choice of remedies.--If, not later than 180 
                days after the written request is made, the parties do 
                not come to an agreement as to the right to and amount 
                of compensation, the owner may choose to take the 
                matter to binding arbitration or seek compensation in a 
                civil action.
                    ``(D) Arbitration.--The procedures that govern the 
                arbitration shall, as nearly as practicable, be those 
                established under title 9, United States Code, for 
                arbitration proceedings to which that title applies. An 
                award made in such arbitration shall include a 
                reasonable attorney's fee and other arbitration costs 
                (including appraisal fees). The agency shall promptly 
                pay any award made to the owner.
                    ``(E) Civil action.--An owner who does not choose 
                arbitration, or who does not receive prompt payment 
                when required by this section, may obtain appropriate 
                relief in a civil action against the agency. An owner 
                who prevails in a civil action under this section shall 
                be entitled to, and the agency shall be liable for, a 
                reasonable attorney's fee and other litigation costs 
                (including appraisal fees). The court shall award 
                interest on the amount of any compensation from the 
                time of the limitation.
                    ``(F) Source of payments.--Any payment made under 
                this section to an owner and any judgment obtained by 
                an owner in a civil action under this section shall, 
                notwithstanding any other provision of law, be made 
                from the annual appropriation of the agency whose 
                action occasioned the payment or judgment. If the 
                agency action resulted from a requirement imposed by
                 another agency, then the agency making the payment or 
satisfying the judgment may seek partial or complete reimbursement from 
the appropriated funds of the other agency. For this purpose the head 
of the agency concerned may transfer or reprogram any appropriated 
funds available to the agency. If insufficient funds exist for the 
payment or to satisfy the judgment, it shall be the duty of the head of 
the agency to seek the appropriation of such funds for the next fiscal 
year.
            ``(6) Limitation.--Notwithstanding any other provision of 
        law, any obligation of the United States to make any payment 
        under this section shall be subject to the availability of 
        appropriations.
            ``(7) Duty of notice to owners.--Whenever an agency takes 
        an agency action limiting the use of private property, the 
        agency shall give appropriate notice to the owners of that 
        property directly affected explaining their rights under this 
        section and the procedures for obtaining any compensation that 
        may be due to them under this section.
            ``(8) Rules of construction.--
                    ``(A) Effect on constitutional right to 
                compensation.--Nothing in this section shall be 
                construed to limit any right to compensation that 
                exists under the Constitution, laws of the United 
                States, or laws of any State.
                    ``(B) Effect of payment.--Payment of compensation 
                under this section (other than when the property is 
                bought by the Federal Government at the option of the 
                owner) shall not confer any rights on the Federal 
                Government other than the limitation on use resulting 
                from the agency action.
            ``(9) Treatment of certain actions.--A diminution in value 
        under this subsection shall apply to surface interests in lands 
        only or water rights allocated under State law; except that--
                    ``(A) if the Secretary determines that the 
                exploration for or development of oil and gas or 
                mineral interests is not compatible with limitations on 
                use related to the surface interests in lands that have 
                been classified as type A or type B wetlands located 
                above such oil and gas or mineral interests (or located 
                adjacent to such oil and gas or mineral interests where 
                such adjacent lands are necessary to provide reasonable 
                access to such interests), the Secretary shall notify 
                the owner of such interests that the owner may elect to 
                receive compensation for such interests under paragraph 
                (1); and
                    ``(B) the failure to provide reasonable access to 
                oil and gas or mineral interests located beneath or 
                adjacent to surface interests of type A or type B 
                wetlands shall be deemed a diminution in value of such 
                oil and gas or mineral interests.
            ``(10) Jurisdiction.--The arbitrator or court under 
        paragraph (5)(D) or (5)(E) of this subsection, as the case may 
        be, shall have jurisdiction, in the case of oil and gas or 
        mineral interests, to require the United States to provide 
        reasonable access in, across, or through lands that may be the 
        subject of a diminution in value under this subsection solely 
        for the purpose of undertaking activity necessary to determine 
        the value of the interests diminished and to provide other 
        equitable remedies deemed appropriate.
            ``(11) Limitations on statutory construction.--No action 
        under this subsection shall be construed--
                    ``(A) to impose any obligation on any State or 
                political subdivision thereof to compensate any person, 
                even in the event that the Secretary has approved a 
                land management plan under subsection (f)(2) or an 
                individual and general permit program under subsection 
                (l); or
                    ``(B) to alter or supersede requirements governing 
                use of water applicable under State law.
    ``(e) Requirements Applicable to Permitted Activity.--
            ``(1) Issuance or denial of permits.--Following the 
        determination of wetlands classification pursuant to subsection 
        (c) if applicable, and after compliance with the requirements 
        of subsection (d) if applicable, the Secretary may issue or 
        deny permits for authorization to undertake activities in 
        wetlands or waters of the United States in accordance with the 
        requirements of this subsection.
            ``(2) Type a wetlands.--
                    ``(A) Analysis.--The Secretary shall determine 
                whether to issue a permit for an activity in waters of 
                the United States classified under subsection (c) as 
                type A wetlands based on--
                            ``(i) a sequential analysis that seeks, to 
                        the maximum extent practicable, to--
                                    ``(I) avoid adverse impact on the 
                                wetlands;
                                    ``(II) minimize such adverse impact 
                                on wetlands functions that cannot be 
                                avoided; and
                                    ``(III) compensate for any loss of 
                                wetland functions that cannot be 
                                avoided or minimized; and
                            ``(ii) the public interest analysis 
                        described in paragraph (3).
                    ``(B) Water dependent activity.--For purposes of 
                subparagraph (A)(i)(I), if an activity is water 
                dependent, an alternative in an area that is not 
                wetlands or waters of the United States shall not be 
                presumed to be available. A water dependent activity is 
                an activity that requires access or proximity to or 
                siting within the wetlands or waters of the United 
                States in question to fulfill its basic purpose.
                    ``(C-) Mitigation terms and conditions.--Any permit 
                issued authorizing activities in type A wetlands may 
                contain such terms and conditions concerning mitigation 
                (including those applicable under paragraph (3) for 
                type B wetlands) that the Secretary deems appropriate 
                to prevent the unacceptable loss or degradation of type 
                A wetlands. The Secretary shall deem the mitigation 
                requirement of this section to be met with respect to 
                activities in type A wetlands if such activities (i) 
                are carried out in accordance with a State-approved 
                reclamation plan or permit which requires recontouring 
                and revegetation following mining, and (ii) will result 
                in overall environmental benefits being achieved.
            ``(3) Type b wetlands.--
                    ``(A) General rule.--The Secretary may issue a 
                permit authorizing activities in type B wetlands if the 
                Secretary finds that issuance of the permit is in the 
                public interest, balancing the reasonably foreseeable 
                benefits and detriments resulting from the issuance of 
                the permit. The permit shall be subject to such terms 
                and conditions as the Secretary finds are necessary to 
                carry out the purposes of the Comprehensive Wetlands 
                Conservation and Management Act of 1995. In determining 
                whether or not to issue the permit and whether or not 
                specific terms and conditions are necessary to avoid a 
                significant loss of wetlands functions, the Secretary 
                shall consider the following factors:
                            ``(i) The quality and quantity of 
                        significant functions served by the areas to be 
                        affected.
                            ``(ii) The opportunities to reduce impacts 
                        through cost effective design to minimize use 
                        of wetlands areas.
                            ``(iii) The costs of mitigation 
                        requirements and the social, recreational, and 
                        economic benefits associated with the proposed 
                        activity, including local, regional, or 
                        national needs for improved or expanded 
                        infrastructure, minerals, energy, food 
                        production, or recreation.
                            ``(iv) The ability of the permittee to 
                        mitigate wetlands loss or degradation as 
                        measured by wetlands functions.
                            ``(v) The environmental benefit, measured 
                        by wetlands functions, that may occur through 
                        mitigation efforts, including restoring, 
                        preserving, enhancing, or creating wetlands 
                        values and functions.
                            ``(vi) The marginal impact of the proposed 
                        activity on the watershed of which such 
                        wetlands are a part.
                            ``(vii) Whether the impact on the wetlands 
                        is temporary or permanent.
                    ``(B) Determination of project purpose.--In 
                considering an application for activities on type B 
                wetlands, there shall be a rebuttable presumption that 
                the project purpose as defined by the applicant shall 
                be binding upon the Secretary. The definition of 
                project purpose for projects sponsored by public 
                agencies shall be binding upon the Secretary, subject 
                to the authority of the Secretary to impose mitigation 
                requirements to minimize impacts on wetlands values and 
                functions, including cost effective redesign of 
                projects on the proposed project site.
                    ``(C) Mitigation requirements.--Except as otherwise 
                provided in this section, requirements for mitigation 
                shall be imposed when the Secretary finds that 
                activities undertaken under this section will result in 
                the loss or degradation of type B wetlands functions 
                where such loss or degradation is not a temporary or 
                incidental impact. When determining mitigation 
                requirements in any specific case, the Secretary shall 
                take into consideration the type of wetlands affected, 
                the character of the impact on wetland functions, 
                whether any adverse effects on wetlands are of a 
                permanent or temporary nature, and the cost 
                effectiveness of such mitigation and shall seek to 
                minimize the costs of such mitigation. Such mitigation 
                requirement shall be calculated based upon the specific 
                impact of a particular project. The Secretary shall 
                deem the mitigation requirement of this section to be 
                met with respect to activities in type B wetlands if 
                such activities (i) are carried out in accordance with 
                a State-approved reclamation plan or permit which 
                requires recontouring and revegetation following 
                mining, and (ii) will result in overall environmental 
                benefits being achieved.
                    ``(D) Rules governing mitigation.--In accordance 
                with subsection (j), the Secretary shall issue rules 
                governing requirements for mitigation for activities 
                occurring in wetlands that allow for--
                            ``(i) minimization of impacts through 
                        project design in the proposed project site 
                        consistent with the project's purpose, 
                        provisions for compensatory mitigation, if any, 
                        and other terms and conditions necessary and 
                        appropriate in the public interest;
                            ``(ii) preservation or donation of type A 
                        wetlands or type B wetlands (where title has 
                        not been acquired by the United States and no 
                        compensation under subsection (d) for such 
                        wetlands has been provided) as mitigation for 
                        activities that alter or degrade wetlands;
                            ``(iii) enhancement or restoration of 
                        degraded wetlands as compensation for wetlands 
                        lost or degraded through permitted activity;
                            ``(iv) creation of wetlands as compensation 
                        for wetlands lost or degraded through permitted 
                        activity if conditions are imposed that have a 
                        reasonable likelihood of being successful;
                            ``(v) compensation through contribution to 
                        a mitigation bank program established pursuant 
                        to paragraph (4);
                            ``(vi) offsite compensatory mitigation if 
                        such mitigation contributes to the restoration, 
                        enhancement or creation of significant wetlands 
                        functions on a watershed basis and is balanced 
                        with the effects that the proposed activity 
                        will have on the specific site; except that 
                        offsite compensatory mitigation, if any, shall 
                        be required only within the State within which 
                        the proposed activity is to occur, and shall, 
                        to the extent practicable, be within the 
                        watershed within which the proposed activity is 
                        to occur, unless otherwise consistent with a 
                        State wetlands management plan;
                            ``(vii) contribution of in-kind value 
                        acceptable to the Secretary and otherwise 
                        authorized by law;
                            ``(viii) in areas subject to wetlands loss, 
                        the construction of coastal protection and 
                        enhancement projects;
                            ``(ix) contribution of resources of more 
                        than one permittee toward a single mitigation 
                        project; and
                            ``(x) other mitigation measures, including 
                        contributions of other than in-kind value 
                        referred to in clause (vii), determined by the 
                        Secretary to be appropriate in the public 
                        interest and consistent with the requirements 
                        and purposes of this Act.
                    ``(E) Limitations on requiring mitigation.--
                Notwithstanding the provisions of subparagraph (C), the 
                Secretary may determine not to impose requirements for 
                compensatory mitigation if the Secretary finds that--
                            ``(i) the adverse impacts of a permitted 
                        activity are limited;
                            ``(ii) the failure to impose compensatory 
                        mitigation requirements is compatible with 
                        maintaining wetlands functions;
                            ``(iii) no practicable and reasonable means 
                        of mitigation are available;
                            ``(iv) there is an abundance of similar 
                        significant wetlands functions and values in or 
                        near the area in which the proposed activity is 
                        to occur that will continue to serve the 
                        functions lost or degraded as a result of such 
                        activity, taking into account the impacts of 
                        such proposed activity and the cumulative 
                        impacts of similar activity in the area;
                            ``(v) the temporary character of the 
                        impacts and the use of minimization techniques 
                        make compensatory mitigation unnecessary to 
                        protect significant wetlands values; or
                            ``(vi) a waiver from requirements for 
                        compensatory mitigation is necessary to prevent 
                        special hardship.
            ``(4) Mitigation banks.--
                    ``(A) Establishment.--Not later than 6 months after 
                the date of the enactment of this subparagraph, after 
                providing notice and opportunity for public review and 
                comment, the Secretary shall issue regulations for the 
                establishment, use, maintenance, and oversight of 
                mitigation banks. The regulations shall be developed in 
                consultation with the heads of other appropriate 
                Federal agencies.
                    ``(B) Provisions and requirements.--The regulations 
                issued pursuant to subparagraph (A) shall ensure that 
                each mitigation bank--
                            ``(i) provides for the chemical, physical, 
                        and biological functions of wetlands or waters 
                        of the United States which are lost as a result 
                        of authorized adverse impacts to wetlands or 
                        other waters of the United States;
                            ``(ii) to the extent practicable and 
                        environmentally desirable, provides in-kind 
                        replacement of lost wetlands functions and be 
                        located in, or in proximity to, the same 
                        watershed or designated geographic area as the 
                        affected wetlands or waters of the United 
                        States;
                            ``(iii) be operated by a public or private 
                        entity which has the financial capability to 
                        meet the requirements of this paragraph, 
                        including the deposit of a performance bond or 
                        other appropriate demonstration of financial 
                        responsibility to support the long-term 
                        maintenance of the bank, fulfill 
                        responsibilities for long-term monitoring, 
                        maintenance, and protection, and provide for 
                        the long-term security of ownership interests 
                        of wetlands and uplands on which projects are 
                        conducted to protect the wetlands functions 
                        associated with the mitigation bank;
                            ``(iv) employ consistent and scientifically 
                        sound methods to determine debits by evaluating 
                        wetlands functions, project impacts, and 
                        duration of the impact at the sites of proposed 
                        permits for authorized activities pursuant to 
                        this section and to determine credits based on 
                        wetlands functions at the site of the 
                        mitigation bank;
                            ``(v) provide for the transfer of credits 
                        for mitigation that has been performed and for 
                        mitigation that shall be performed within a 
                        designated time in the future, provided that 
                        financial bonds shall be posted in sufficient 
                        amount to ensure that the mitigation will be 
                        performed in the case of default;
                            ``(vi) provide, where appropriate, for dual 
                        use of wetlands within the mitigation bank, as 
                        long as the use other than providing 
                        compensatory mitigation under this section (I) 
                        shall not interfere with the functioning of 
                        such bank for providing such mitigation, and 
                        (II) shall not adversely impact wetlands or 
                        other waters of the United States; and
                            ``(vii) provide opportunity for public 
                        notice of and comment on proposals for the 
                        mitigation banks; except that any process 
                        utilized by a mitigation bank to obtain a 
                        permit authorizing operations under this 
                        section before the date of the enactment of the 
                        Comprehensive Wetlands Conservation and 
                        Management Act of 1995 satisfies the 
                        requirement for such public notice and comment.
            ``(5) Procedures and deadlines for final action.--
                    ``(A) Opportunity for public comment.--Not later 
                than 15 days after receipt of a complete application 
                for a permit under this section, together with 
                information necessary to consider such application, the 
                Secretary shall publish notice that the application has 
                been received and shall provide opportunity for public 
                comment and, to the extent appropriate, opportunity for 
                a public hearing on the issuance of the permit.
                    ``(B) General procedures.--In the case of any 
                application for authorization to undertake activities 
                in wetlands or waters of the United States that are not 
                eligible for treatment on an expedited basis pursuant 
                to paragraph (8), final action by the Secretary shall 
                occur within 90 days following the date such 
                application is filed, unless--
                            ``(i) the Secretary and the applicant agree 
                        that such final action shall occur within a 
                        longer period of time;
                            ``(ii) the Secretary determines that an 
                        additional, specified period of time is 
                        necessary to permit the Secretary to comply 
                        with other applicable Federal law; except that 
                        if the Secretary is required under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) to prepare an environmental 
                        impact statement, with respect to the 
                        application, the final action shall occur not 
                        later than 45 days following the date such 
                        statement is filed; or
                            ``(iii) the Secretary, within 15 days from 
                        the date such application is received, notifies 
                        the applicant that such application does not 
                        contain all information necessary to allow the 
                        Secretary to consider such application and 
                        identifies any necessary additional 
                        information, in which case, the provisions of 
                        subparagraph (C) shall apply.
                    ``(C) Special rule when additional information is 
                required.--Upon the receipt of a request for additional 
                information under subparagraph (B)(iii), the applicant 
                shall supply such additional information and shall 
                advise the Secretary that the application contains all 
                requested information and is therefore complete. The 
                Secretary may--
                            ``(i) within 30 days of the receipt of 
                        notice of the applicant that the application is 
                        complete, determine that the application does 
                        not contain all requested additional 
                        information and, on that basis, deny the 
                        application without prejudice to resubmission; 
                        or
                            ``(ii) within 90 days from the date that 
                        the applicant provides notification to the 
                        Secretary that the application is complete, 
                        review the application and take final action.
                    ``(D) Effect of not meeting deadline.--If the 
                Secretary fails to take final action on an application 
                under this paragraph within 90 days from the date that 
                the applicant provides notification to the Secretary 
                that such application is complete, a permit shall be 
                presumed to be granted authorizing the activities 
                proposed in such application under such terms and 
                conditions as are stated in such completed application.
            ``(6) Type c wetlands.--Activities in wetlands that have 
        been classified as type C wetlands by the Secretary may be 
        undertaken without authorization required under subsection (a) 
        of this section.
            ``(7) States with substantial conserved wetlands.--
                    ``(A) In general.--With respect to type A and type 
                B wetlands in States with substantial conserved 
                wetlands areas, at the option of the permit applicant, 
                the Secretary shall issue permits authorizing 
                activities in such wetlands pursuant to this paragraph. 
                Final action on issuance of such permits shall be in 
                accordance with the procedures and deadlines of 
                paragraph (5). The Secretary may include conditions or 
                requirements for minimization of adverse impacts to 
                wetlands functions when minimization is economically 
                practicable. No permit to which this paragraph applies 
                shall include conditions, requirements, or standards 
                for mitigation to compensate for adverse impacts to 
                wetlands or waters of the United States or conditions, 
                requirements, or standards for avoidance of adverse 
                impacts to wetlands or waters of the United States.
                    ``(B) Economic base lands.--Upon application by the 
                owner of economic base lands in a State with 
                substantial conserved wetlands areas, the Secretary 
                shall issue individual and general permits to owners of 
                such lands for activities in wetlands or waters of the 
                United States. The Secretary shall reduce the 
                requirements of subparagraph (A)--
                            ``(i) to allow economic base lands to be 
                        beneficially used to create and sustain 
                        economic activity; and
                            ``(ii) in the case of lands owned by Alaska 
                        Native entities, to reflect the social and 
                        economic needs of Alaska Natives to utilize 
                        economic base lands.
                The Secretary shall consult with and provide assistance 
                to the Alaska Natives (including Alaska Native 
                Corporations) in promulgation and administration of 
                policies and regulations under this section.
            ``(8) General permits.--
                    ``(A) General authority.--The Secretary may issue, 
                by rule in accordance with subsection
                 (j), general permits on a programmatic, State, 
regional, or nationwide basis for any category of activities involving 
an activity in wetlands or waters of the United States if the Secretary 
determines that such activities are similar in nature and that such 
activities, when performed separately and cumulatively, will not result 
in the significant loss of ecologically significant wetlands values and 
functions.
                    ``(B) Procedures.--Permits issued under this 
                paragraph shall include procedures for expedited review 
                of eligibility for such permits (if such review is 
                required) and may include requirements for reporting 
                and mitigation. To the extent that a proposed activity 
                requires a determination by the Secretary as to the 
                eligibility to qualify for a general permit under this 
                subsection, such determination shall be made within 30 
                days of the date of submission of the application for 
                such qualification, or the application shall be treated 
                as being approved.
                    ``(C) Compensatory mitigation.--Requirements for 
                compensatory mitigation for general permits may be 
                imposed where necessary to offset the significant loss 
                or degradation of significant wetlands functions where 
                such loss or degradation is not a temporary or 
                incidental impact. Such compensatory mitigation shall 
                be calculated based upon the specific impact of a 
                particular project.
                    ``(D) Grandfather of existing general permits.--
                General permits in effect on day before the date of the 
                enactment of the Comprehensive Wetlands Conservation 
                and Management Act of 1995 shall remain in effect until 
                otherwise modified by the Secretary.
                    ``(E) States with substantial conserved lands.--
                Upon application by a State or local authority in a 
                State with substantial conserved wetlands areas, the 
                Secretary shall issue a general permit applicable to 
                such authority for activities in wetlands or waters of 
                the United States. No permit issued pursuant to this 
                subparagraph shall include conditions, requirements, or 
                standards for mitigation to compensate for adverse 
                impacts to wetlands or waters of the United States or 
                shall include conditions, requirements, or standards 
                for avoidance of adverse impacts of wetlands or waters 
                of the United States.
            ``(9) Other waters of the united states.--The Secretary may 
        issue a permit authorizing activities in waters of the United 
        States (other than those classified as type A, B, or C wetlands 
        under this section) if the Secretary finds that issuance of the 
        permit is in the public interest, balancing the reasonably 
        foreseeable benefits and detriments resulting from the issuance 
        of the permit. The permit shall be subject to such terms and 
        conditions as the Secretary finds are necessary to carry out 
        the purposes of the Comprehensive Wetlands Conservation and 
        Management Act of 1995. In determining whether or not to issue 
        the permit and whether or not specific terms and conditions are 
        necessary to carry out such purposes, the Secretary shall 
        consider the factors set forth in paragraph (3)(A) as they 
        apply to nonwetlands areas and such other provisions of 
        paragraph (3) as the Secretary determines are appropriate to 
        apply to nonwetlands areas.
            ``(10) Mitigation of agricultural lands.--Any mitigation 
        requirement approved by the Secretary under this section for 
        agricultural lands shall be developed in consultataion with the 
        Secretary of Agriculture.
    ``(f) Activities not Requiring Permit.--
            ``(1) In general.--Activities undertaken in any wetlands or 
        waters of the United States are exempt from the requirements of 
        this section and are not prohibited by or otherwise subject to 
        regulation under this section or section 301 or 402 of this Act 
        (except effluent standards or prohibitions under section 307 of 
        this Act) if such activities--
                    ``(A) result from normal farming, silviculture, 
                aquaculture, and ranching activities and practices, 
                including but not limited to plowing, seeding, 
                cultivating, haying, grazing, normal maintenance 
                activities, minor drainage, burning of vegetation in 
                connection with such activities, harvesting for the 
                production of food, fiber, and forest products, or 
                upland soil and water conservation practices;
                    ``(B) are for the purpose of maintenance, including 
                emergency reconstruction of recently damaged parts, of 
                currently serviceable structures such as dikes, dams, 
                levees, flood control channels or other engineered 
                flood control facilities, water control structures, 
                water supply reservoirs (where such maintenance 
                involves periodic water level drawdowns) which provide 
                water predominantly to public drinking water systems, 
                groins, riprap, breakwaters, utility distribution and 
                transmission lines, causeways, and bridge abutments or 
                approaches, and transportation structures;
                    ``(C) are for the purpose of construction or 
                maintenance of farm, stock or aquaculture ponds, 
                wastewater retention or management facilities 
                (including dikes and berms and related structures) that 
                are used by concentrated animal feeding operations or 
                advanced treatment municipal wastewater reuse 
                operations, or irrigation canals and ditches or the 
                maintenance of drainage ditches;
                    ``(D) are for the purpose of construction of 
                temporary sedimentation basins on a construction site, 
                or the construction of any upland dredged material 
                disposal area, which does not include placement of fill 
                material into the navigable waters;
                    ``(E) are for the purpose of construction or 
                maintenance of farm roads or forest roads, railroad 
                lines of up to 10 miles in length, or temporary roads 
                for moving mining equipment, access roads for utility 
                distribution and transmission lines if such roads or 
                railroad lines are constructed and maintained, in 
                accordance with best management practices, to assure 
                that flow and circulation patterns and chemical and 
                biological characteristics of the waters are not 
                impaired, that the reach of the waters is not reduced, 
                and that any adverse effect on the aquatic environment 
                will be otherwise minimized;
                    ``(F) are undertaken on farmed wetlands, except 
                that any change in use of such land for the purpose of 
                undertaking activities that are not exempt from 
                regulation under this subsection shall be subject to 
                the requirements of this section to the extent that 
                such farmed wetlands are `wetlands' under this section;
                    ``(G) result from any activity with respect to 
                which a State has an approved program under section 
                208(b)(4) of this Act which meets the requirements of 
                subparagraphs (B) and (C) of such section;
                    ``(H) are consistent with a State or local land 
                management plan submitted to the Secretary and approved 
                pursuant to paragraph (2);
                    ``(I) are undertaken in connection with a marsh 
                management and conservation program in a coastal parish 
                in the State of Louisiana where such program has been 
                approved by the Governor of such State or the designee 
                of the Governor;
                    ``(J) are undertaken on lands or involve activities 
                within a State's coastal zone which are excluded from 
                regulation under a State coastal zone management 
                program approved under the Coastal Zone Management Act 
                of 1972 (16 U.S.C. 1451, et seq.);
                    ``(K) are undertaken in incidentally created 
                wetlands, unless such incidentally created wetlands 
                have exhibited wetlands functions and values for more 
                than 5 years in which case activities undertaken in 
                such wetlands shall be subject to the requirements of 
                this section;
                    ``(L) are for the purpose of preserving and 
                enhancing aviation safety or are undertaken in order to 
                prevent an airport hazard;
                    ``(M) result from aggregate or clay mining 
                activities in wetlands conducted pursuant to a State or 
                Federal permit that requires the reclamation of such 
                affected wetlands if such reclamation will be completed 
                within 5 years of the commencement of activities at the 
                site and, upon completion of such reclamation, the 
                wetlands will support wetlands functions equivalent to 
                the functions supported by the wetlands at the time of 
                commencement of such activities;
                    ``(N) are for the placement of a structural member 
                for a pile-supported structure, such as a pier or dock, 
                or for a linear project such as a bridge, transmission 
                or distribution line footing, powerline structure, or 
                elevated or other walkway;
                    ``(O) are for the placement of a piling in waters 
                of the United States in a circumstance that involves--
                            ``(i) a linear project described in 
                        subparagraph (N); or
                            ``(ii) a structure such as a pier, 
                        boathouse, wharf, marina, lighthouse, or 
                        individual house built on stilts solely to 
                        reduce the potential of flooding;
                    ``(P) are for the clearing (including mechanized 
                clearing) of vegetation within a right-of-way 
                associated with the development and maintenance of a 
                transmission or distribution line or other powerline 
                structure or for the maintenance of water supply 
                reservoirs which provide water predominantly to public 
                drinking water systems;
                    ``(Q) are undertaken in or affecting waterfilled 
                depressions created in uplands incidental to 
                construction activity, or are undertaken in or 
                affecting pits excavated in uplands for the purpose of 
                obtaining fill, sand, gravel, aggregates, or minerals, 
                unless and until the construction or excavation 
                operation is abandoned;
                    ``(R) are undertaken in a State with substantial 
                conserved wetlands areas and--
                            ``(i) are for purposes of providing 
                        critical infrastructure, including water and 
                        sewer systems, airports, roads, communication 
                        sites, fuel storage sites, landfills, housing, 
                        hospitals, medical clinics, schools, and other 
                        community infrastructure;
                            ``(ii) are for construction and maintenance 
                        of log transfer facilities associated with log 
                        transportation activities;
                            ``(iii) are for construction of tailings 
                        impoundments utilized for treatment facilities 
                        (as determined by the development document) for 
                        the mining subcategory for which the tailings 
                        impoundment is constructed;
                            ``(iv) are for construction of ice pads and 
                        ice roads and for purposes of snow storage and 
                        removal; or
                            ``(v) result from any silvicultural 
                        activity or practice undertaken on economic 
                        base lands; or
                    ``(S) result from the conduct of recreational 
                hunting or shooting.

            ``(2) State or local management plan.--Any State or 
        political subdivision thereof acting pursuant to State 
        authorization may develop a land management plan with respect 
        to lands that include identified wetlands. The State or local 
        government agency may submit any such plan to the Secretary for 
        review and approval. The Secretary shall, within 60 days, 
        notify in writing the designated State or local official of 
        approval or disapproval of any such plan. The Secretary shall 
        approve any plan that is consistent with the purposes of this 
        section. No person shall be entitled to judicial review of the 
        decision of the Secretary to approve or disapprove a land 
        management plan under this paragraph. Nothing in this paragraph 
        shall be construed to alter, limit, or supersede the authority 
        of a State or political subdivision thereof to establish land 
        management plans for purposes other than the provisions of this 
        subsection.
    ``(g) Rules for Delineating Wetlands.--
            ``(1) Standards.--
                    ``(A) Issuance of rule.--The Secretary is 
                authorized and directed to establish standards, by rule 
                in accordance with subsection (j), that shall govern 
                the delineation of lands as `wetlands' for purposes of 
                this section. Such rules shall be established after 
                consultation with the heads of other appropriate 
                Federal agencies and shall be binding on all Federal 
                agencies in connection with the administration or 
                implementation of any provision of this section. The 
                standards for delineation of wetlands and any decision 
                of the Secretary, the Secretary of Agriculture (in the 
                case of agricultural lands and associated 
                nonagricultural lands), or any other Federal officer or 
                agency made in connection with the administration of 
                this section shall comply with the requirements for 
                delineation of wetlands set forth in subparagraphs (B) 
                and (C).
                    ``(B) Exceptions.--The standards established by 
                rule or applied in any case for purposes of this 
                section shall ensure that lands are delineated as 
                wetlands only if such lands are found to be `wetlands' 
                under section 502 of this Act; except that such 
                standards may not--
                            ``(i) result in the delineation of lands as 
                        wetlands unless clear evidence of wetlands 
                        hydrology, hydrophytic vegetation, and hydric 
                        soil are found to be present during the period 
                        in which such delineation is made, which 
                        delineation shall be conducted during the 
                        growing season unless otherwise requested by 
                        the applicant;
                            ``(ii) result in the classification of 
                        vegetation as hydrophytic if such vegetation is 
                        equally adapted to dry or wet soil conditions 
                        or is more typically adapted to dry soil 
                        conditions than to wet soil conditions;
                            ``(iii) result in the classification of 
                        lands as wetlands unless some obligate wetlands 
                        vegetation is found to be present during the 
                        period of delineation; except that if such 
                        vegetation has been removed for the purpose of 
                        evading jurisdiction under this section, this 
                        clause shall not apply;
                            ``(iv) result in the conclusion that 
                        wetlands hydrology is present unless water is 
                        found to be present at the surface of such 
                        lands for 21 consecutive days in the growing 
                        seasons in a majority of the years for which 
                        records are available; and
                            ``(v) result in the classification of lands 
                        as wetlands that are temporarily or 
                        incidentally created as a result of adjacent 
                        development activity.
                    ``(C) Normal circumstances.--In addition to the 
                requirements of subparagraph (B), any standards 
                established by rule or applied to delineate wetlands 
                for purposes of this section shall provide that `normal 
                circumstances' shall be determined on the basis of the 
                factual circumstances in existence at the time a 
                classification is made under subsection (h) or at the 
                time of application under subsection (e), whichever is 
                applicable, if such circumstances have not been altered 
                by an activity prohibited under this section.
            ``(2) Agricultural lands.--
                    ``(A) Delineation by secretary of agriculture.--For 
                purposes of this section, wetlands located on 
                agricultural lands and associated nonagricultural lands 
                shall be delineated solely by the Secretary of 
                Agriculture in accordance with subtitle C of title XII 
                of the Food Security Act of 1985 (16 U.S.C. 3821 et 
                seq.).
                    ``(B) Exemption of lands exempted under food 
                security act.--Any area of agricultural land or any 
                activities related to the land determined to be exempt 
                from the requirements of subtitle C of title XII of the 
                Food Security Act of 1985 (16 U.S.C. 3821 et seq.) 
                shall also be exempt from the requirements of this 
                section for such period of time as those lands are 
                used, or a good faith effort is shown by the owner or 
                operator to use such lands, as agricultural lands.
                    ``(C) Effect of appeal determination pursuant to 
                food security act.--Any area of agricultural land or 
                any activities related to the land determined to be 
                exempt pursuant to an appeal taken pursuant to subtitle 
                C of title XII of the Food Security Act of 1985 (16 
                U.S.C. 3821 et seq.) shall be exempt under this section 
                for such period of time as those lands are used, or a 
                good faith effort is shown by the owner or operator to 
                use such lands, as agricultural lands.
                    ``(D) Delineations grandfathered.--Delineations by 
                the Secretary of Agriculture regarding wetlands on 
                agricultural lands and associated nonagricultural lands 
                that have become administratively final on or before 
                the date of enactment of the Comprehensive Wetlands 
                Conservation and Management Act of 1995 shall not be 
                subject to further delineation unless the owner 
                requests a new delineation by the Secretary of 
                Agriculture.
    ``(h) Mapping and Public Notice Requirements.--
            ``(1) Provision of public notice.--Not later than 90 days 
        after the date of the enactment of the Comprehensive Wetlands 
        Conservation and Management Act of 1995, the Secretary shall 
        provide the court of each county, parish, or borough in which 
        the wetland subject to classification under subsection (c) is 
        located, a notice for posting near the property records of the 
        county, parish, or borough. The notice shall--
                    ``(A) state that wetlands regulated under this 
                section may be located in the county, parish, or 
                borough;
                    ``(B) provide an explanation understandable to the 
                general public of how wetlands are delineated and 
                classified;
                    ``(C) describe the requirements and restrictions of 
                the regulatory program under this section; and
                    ``(D) provide instructions on how to obtain a 
                delineation and classification of wetlands under this 
                section.
            ``(2) Provision of delineation determinations.--On 
        completion under this section of a delineation and 
        classification of property that contains wetlands or a 
        delineation of property that contains waters of the United 
        States that are not wetlands, the Secretary of Agriculture, in 
        the case of wetlands located on agricultural lands and 
        associated nonagricultural lands, and the Secretary, in the 
        case of other lands, shall--
                    ``(A) file a copy of the delineation, including the 
                classification of any wetland located on the property, 
                with the records of the property in the local 
                courthouse; and
                    ``(B) serve a copy of the delineation determination 
                on every owner of the property on record and any person 
                with a recorded mortgage or lien on the property.
            ``(3) Notice of enforcement actions.--The Secretary shall 
        file notice of each enforcement action under this section taken 
        with respect to private property with the records of the 
        property in the local courthouse.
            ``(4) Wetlands identification and classification project.--
                    ``(A) In general.--The Secretary and the Secretary 
                of Agriculture shall undertake a project to identify 
                and classify wetlands in the United States that are 
                regulated under this section. The Secretaries shall 
                complete such project not later than 10 years after the 
                date of the enactment of the Comprehensive Wetlands 
                Conservation and Management Act of 1995.
                    ``(B) Applicability of delineation standards.--In 
                conducting the project under this section, the 
                Secretaries shall identify and classify wetlands in 
                accordance with standards for delineation of wetlands 
                established by the Secretaries under subsection (g).
                    ``(C) Public hearings.--In conducting the project 
                under this section, the Secretaries shall provide 
                notice and an opportunity for a public hearing in each 
                county, parish or borough of a State before completion 
                of identification and classification of wetlands in 
                such county, parish, or borough.
                    ``(D) Publication.--Promptly after completion of 
                identification and classification of wetlands in a 
                county, parish, or borough under this section, the 
                Secretaries shall have published information on such 
                identification and classification in the Federal 
                Register and in publications of wide circulation and 
                take other steps reasonably necessary to ensure that 
                such information is available to the public.
                    ``(E) Reports.--The Secretaries shall report to 
                Congress on implementation of the project to be 
                conducted under this section not later than 2 years 
                after the date of the enactment of the Comprehensive 
                Wetlands Conservation and Management Act of 1995 and 
                annually thereafter.
                    ``(F) Recordation.--Any classification of lands as 
                wetlands under this section shall, to the maximum 
                extent practicable, be recorded on the property records 
                in the county, parish, or borough in which such 
                wetlands are located.
                    ``(G) Permission to enter onto private property.--
                The Secretaries shall obtain written permission from 
                the owner of private property before entering such 
                property to conduct identification and classification 
                of wetlands pursuant to this paragraph.
    ``(i) Administrative Appeals.--
            ``(1) Regulations establishing procedures.--Not later than 
        1 year after the date of the enactment of the Comprehensive 
        Wetlands Conservation and Management Act of 1995, the Secretary 
        shall, after providing notice and opportunity for public 
        comment, issue regulations establishing procedures pursuant to 
        which--
                    ``(A) a landowner may appeal a determination of 
                regulatory jurisdiction under this section with respect 
                to a parcel of the landowner's property;
                    ``(B) a landowner may appeal a wetlands 
                classification under this section with respect to a 
                parcel of the landowner's property;
                    ``(C) any person may appeal a determination that 
                the proposed activity on the landowner's property is 
                not exempt under subsection (f);
                    ``(D) a landowner may appeal a determination that 
                an activity on the landowner's property does not 
                qualify under a general permit issued under this 
                section;
                    ``(E) an applicant for a permit under this section 
                may appeal a determination made pursuant to this 
                section to deny issuance of the permit or to impose a 
                requirement under the permit; and
                    ``(F) a landowner or any other person required to 
                restore or otherwise alter a parcel of property 
                pursuant to an order issued under this section may 
                appeal such order.
            ``(2) Deadline for filing appeal.--An appeal brought 
        pursuant to this subsection shall be filed not later than 30 
        days after the date on which the decision or action on which 
        the appeal is based occurs.
            ``(3) Deadline for decision.--An appeal brought pursuant to 
        this subsection shall be decided not later than 90 days after 
        the date on which the appeal is filed.
            ``(4) Participation in appeals process.--Any person who 
        participated in the public comment process concerning a 
        decision or action that is the subject of an appeal brought 
        pursuant to this subsection may participate in such appeal with 
        respect to those issues raised in the person's written public 
        comments.
            ``(5) Decisionmaker.--An appeal brought pursuant to this 
        subsection shall be heard and decided by an appropriate and 
        impartial official of the Federal Government, other than the 
        official who made the determination or carried out the action 
        that is the subject of the appeal.
            ``(6) Stay of penalties and mitigation.--A landowner or any 
        other person who has filed an appeal under this subsection 
        shall not be required to pay a penalty or perform mitigation or 
        restoration assessed under this section or section 309 until 
        after the appeal has been decided.
    ``(j) Administrative Provisions.--
            ``(1) Final regulations for issuance of permits.--Not later 
        than 1 year after the date of the enactment of the 
        Comprehensive Wetlands Conservation and Management Act of 1995, 
        the Secretary shall, after notice and opportunity for comment, 
        issue (in accordance with section 553 of title 5 of the United 
        States Code and this section) final regulations for 
        implementation of this section. Such regulations shall, in 
        accordance with this section, provide--
                    ``(A) standards and procedures for the 
                classification and delineation of wetlands and 
                procedures for administrative review of any such 
                classification or delineation;
                    ``(B) standards and procedures for the review of 
                State or local land management plans and State programs 
                for the regulation of wetlands;
                    ``(C) for the issuance of general permits, 
                including programmatic, State, regional, and nationwide 
                permits;
                    ``(D) standards and procedures for the individual 
                permit applications under this section;
                    ``(E) for enforcement of this section;
                    ``(F) guidelines for the specification of sites for 
                the disposal of dredged or fill material for 
                navigational dredging;
                    ``(G) standards and procedures that, to the maximum 
                extent practicable and economically feasible, require 
                the creation of wetlands and other environmentally 
                beneficial uses of dredged or fill material associated 
                with navigational dredging; and
                    ``(H) any other rules and regulations that the 
                Secretary deems necessary or appropriate to implement 
                the requirements of this section.
            ``(2) Navigational dredging guidelines.--Guidelines 
        developed under paragraph (1)(F) shall--
                    ``(A) be based upon criteria comparable to the 
                criteria applicable to the territorial seas, the 
                contiguous zone, and the oceans under section 403(c); 
                except that, in any case in which guidelines based on 
                such criteria alone would prohibit the specification of 
                a disposal site, the economic impact on navigation and 
                anchorage shall be considered; and
                    ``(B) ensure that with respect to the issuance of 
                permits under this section--
                            ``(i) the least costly, environmentally 
                        acceptable disposal alternative will be 
                        selected, taking into consideration cost, 
                        existing technology, short term and long term 
                        dredging requirements, and logistics;
                            ``(ii) a disposal site will be specified 
                        after comparing reasonably available upland, 
                        confined aquatic, beneficial use, and open 
                        water disposal alternatives on the basis of 
                        relative risk, environmental acceptability, 
                        economics, practicability, and current 
                        technological feasibility;
                            ``(iii) a disposal site will be specified 
                        after comparing the reasonably anticipated 
                        environmental and economic benefits of 
                        undertaking the underlying project to the 
                        status quo; and
                            ``(iv) in comparing alternatives and 
                        selection of a disposal site, management 
                        measures may be considered and utilized to 
                        limit, to the extent practicable, adverse 
                        environmental effects by employing suitable 
                        chemical, biological, or physical techniques to 
                        prevent unacceptable adverse impacts on the 
                        environment.
            ``(3) Judicial review of final regulations.--Any judicial 
        review of final regulations issued pursuant to this section and 
        the Secretary's denial of any petition for the issuance, 
        amendment, or repeal of any regulation under this section shall 
        be in accordance with sections 701 through 706 of title 5 of 
        the United States Code; except that a petition for review of 
        action of the Secretary in issuing any regulation or 
        requirement under this section or denying any petition for the 
        issuance, amendment, or repeal of any regulation under this 
        section may be filed only in the United States Court of Appeals 
        for the District of Columbia, and such petition shall be filed 
        within 90 days from the date of such issuance or denial or 
        after such date if such petition for review is based solely on 
        grounds arising after such ninetieth day. Action of the 
        Secretary with respect to which review could have been obtained 
        under this subsection shall not be subject to judicial review 
        in civil or criminal proceedings for enforcement.
            ``(4) Interim regulations.--The Secretary shall, within 90 
        days after the date of the enactment of the Comprehensive 
        Wetlands Conservation and Management Act of 1995, issue interim 
        regulations consistent with this section to take effect 
        immediately. Notice of the interim regulations shall be 
        published in the Federal Register, and such regulations shall 
        be binding until the issuance of final regulations pursuant to 
        paragraph (1); except that the Secretary shall provide adequate 
        procedures for waiver of any provisions of such interim 
        regulations to avoid special hardship, inequity, or unfair 
        distribution of burdens or to advance the purposes of this 
        section.
            ``(5) Administration by secretary.--Except where otherwise 
        expressly provided in this section, the Secretary shall 
        administer this section. The Secretary or any other Federal 
        officer or agency in which any function under this section is 
        vested or delegated is authorized to perform any and all acts 
        (including appropriate enforcement activity), and to prescribe, 
        issue, amend, or rescind such rules or orders as such officer 
        or agency may find necessary or appropriate with this 
        subsection, subject to the requirements of this subsection.
    ``(k) Enforcement.--
            ``(1) Compliance order.--Whenever, on the basis of reliable 
        and substantial information and after reasonable inquiry, the 
        Secretary finds that any person is or may be in violation of 
        this section or of any condition or limitation set forth in a 
        permit issued by the Secretary under this section, the 
        Secretary shall issue an order requiring such persons to comply 
        with this section or with such condition or limitation.
            ``(2) Notice and other procedural requirements relating to 
        orders.--A copy of any order issued under this subsection shall 
        be sent immediately by the Secretary to the Governor of the 
        State in which the violation occurs and the Governors of other 
        affected States. The person committing the asserted violation 
        that results in issuance of the order shall be notified of the 
        issuance of the order by personal service made to the 
        appropriate person or corporate officer. The notice shall state 
        with reasonable specificity the nature of the asserted 
        violation and specify a time for compliance, not to exceed 30 
        days, which the Secretary determines is reasonable taking into 
        account the seriousness of the asserted violation and any good 
        faith efforts to comply with applicable requirements. If the 
        person receiving the notice disputes the Secretary's 
        determination, the person may file an appeal as provided in 
        subsection (i). Within 60 days of a decision which denies an 
        appeal, or within 150 days from the date of notification of 
        violation by the Secretary if no appeal is filed, the Secretary 
        shall prosecute a civil action in accordance with paragraph (3) 
        or rescind such order and be estopped from any further 
        enforcement proceedings for the same asserted violation.
            ``(3) Civil action enforcement.--The Secretary is 
        authorized to commence a civil action for appropriate relief, 
        including a permanent or temporary injunction, for any 
        violation for which the Secretary is authorized to issue a 
        compliance order under paragraph (1). Any action under this 
        paragraph may be brought in the district court of the United 
        States for the district in which the defendant is located or 
        resides or is doing business, and such court shall have 
        jurisdiction to restrain such violation and to require 
        compliance. Notice of the commencement of such action shall be 
        given immediately to the appropriate State.
            ``(4) Civil penalties.--Any person who violates any 
        condition or limitation in a permit issued by the Secretary 
        under this section and any person who violates any order issued 
        by the Secretary under paragraph (1) shall be subject to a 
        civil penalty not to exceed $25,000 per day for each violation 
        commencing on expiration of the compliance period if no appeal 
        is filed or on the 30th day following the date of the denial of 
        an appeal of such violation. The amount of the penalty imposed 
        per day shall be in proportion to the scale or scope of the 
        project. In determining the amount of a civil penalty, the 
        court shall consider the seriousness of the violation or 
        violations, the economic benefit (if any) resulting from the 
        violation, any history of such violations, any good-faith 
        efforts to comply with the applicable requirements, the 
        economic impact of the penalty on the violator, and such other 
        matters as justice may require.
            ``(5) Criminal penalties.--If any person knowingly and 
        willfully violates any condition or limitation in a permit 
        issued by the Secretary under this section or knowingly and 
        willfully violates an order issued by the Secretary under 
        paragraph (1) and has been notified of the issuance of such 
        order under paragraph (2) and if such violation has resulted in 
        actual degradation of the environment, such person shall be 
        punished by a fine of not less than $5,000 nor more than 
        $50,000 per day of violation, or by imprisonment for not more 
        than 3 years, or by both. If a conviction of a person is for a 
        violation committed after a first conviction of such person 
        under this paragraph, punishment shall be by a fine of not more 
        than $100,000 per day of violation, or imprisonment of not more 
        than 6 years, or by both. An action for imposition of a 
        criminal penalty under this paragraph may only be brought by 
        the Attorney General.
    ``(l) State Regulation.--
            ``(1) Submission of proposed state program.--The Governor 
        of any State desiring to administer its own individual or 
        general permit program for some or all of the activities 
        covered by this section within any geographical region within 
        its jurisdiction may submit to the Secretary a description of 
        the program it proposes to establish and administer under State 
        law or under an interstate compact. In addition, such State 
        shall submit a statement from the chief legal officer in the 
        case of the State or interstate agency, that the laws of such 
        State, or the interstate compact, as the case may be, provide 
        adequate authority to carry out the described program.
            ``(2) State authorities required for approval.--Not later 
        than 1 year after the date of the receipt by the Secretary of a 
        program and statement submitted by any State under paragraph 
        (1), the Secretary shall determine whether such State has the 
        following authority with respect to the issuance of permits 
        pursuant to such program--
                    ``(A) to issue permits which--
                            ``(i) apply, and assure compliance with, 
                        any applicable requirements of this section; 
                        and
                            ``(ii) can be terminated or modified for 
                        cause, including--
                                    ``(I) violation of any condition of 
                                the permit;
                                    ``(II) obtaining a permit by 
                                misrepresentation, or failure to 
                                disclose fully all relevant facts; or
                                    ``(III) change in any condition 
                                that requires either a temporary or 
                                permanent reduction or elimination of 
                                the permitted activity;
                    ``(B) to issue permits which apply, and ensure 
                compliance with, all applicable requirements of section 
                308 of this Act or to inspect, monitor, enter, and 
                require reports to at least the same extent as required 
                in section 308 of this Act;
                    ``(C) to ensure that the public, and any other 
                State the waters of which may be affected, receive 
                notice of each application for a permit and to provide 
                an opportunity for public hearing before a ruling on 
                each such application;
                    ``(D) to ensure that the Secretary receives notice 
                of each application for a permit and that, prior to any 
                action by the State, both the applicant for the permit 
                and the State have received from the Secretary 
                information with respect to any advance classification 
                applicable to wetlands that are the subject of such 
                application;
                    ``(E) to ensure that any State (other than the 
                permitting State) whose waters may be affected by the 
                issuance of a permit may submit written recommendation 
                to the permitting State with respect to any permit 
                application and, if any part of such written 
                recommendations are not accepted by the permitting 
                State, that the permitting State will notify such 
                affected State (and the Secretary) in writing of its 
                failure to so accept such recommendations together with 
                its reasons for doing so; and
                    ``(F) to abate violations of the permit or the 
                permit program, including civil and criminal penalties 
                and other ways and means of enforcement.
            ``(3) Approval; resubmission.--If, with respect to a State 
        program submitted under paragraph (1) of this section, the 
        Secretary determines that the State--
                    ``(A) has the authority set forth in paragraph (2), 
                the Secretary shall approve the program and so notify 
                such State and suspend the issuance of permits under 
                subsection (b) for activities with respect to which a 
                permit may be issued pursuant to the State program; or
                    ``(B) does not have the authority set forth in 
                paragraph (2) of this subsection, the Secretary shall 
                so notify such State and provide a description of the 
                revisions or modifications necessary so that the State 
                may resubmit the program for a determination by the 
                Secretary under this subsection.
            ``(4) Effect of failure of secretary to make timely 
        decision.--If the Secretary fails to make a determination with 
        respect to any program submitted by a State under this 
        subsection within 1 year after the date of receipt of the 
        program, the program shall be treated as being approved 
        pursuant to paragraph (3)(A) and the Secretary shall so notify 
        the State and suspend the issuance of permits under subsection 
        (b) for activities with respect to which a permit may be issued 
        by the State.
            ``(5) Transfer of pending applications for permits.--If the 
        Secretary approves a State permit program under paragraph 
        (3)(A) or (4), the Secretary shall transfer any applications 
        for permits pending before the Secretary for activities with 
        respect to which a permit may be issued pursuant to the State 
        program to the State for appropriate action.
            ``(6) General permits.--Upon notification from a State with 
        a permit program approved under this subsection that such State 
        intends to administer and enforce the terms and conditions of a 
        general permit issued by the Secretary under subsection (e) 
        with respect to activities in the State to which such general 
        permit applies, the Secretary shall suspend the administration 
        and enforcement of such general permit with respect to such 
        activities.
            ``(7) Review by secretary.--Every 5 years after approval of 
        a State administered program under paragraph (3)(A), the 
        Secretary shall review the program to determine whether it is 
        being administered in accordance with this section. If, on the 
        basis of such review, the Secretary finds that a State is not 
        administering its program in accordance with this section or if 
        the Secretary determines based on clear and convincing evidence 
        after a public hearing that a State is not administering its 
        program in accordance with this section and that substantial 
        adverse impacts to wetlands or waters of the United States are 
        imminent, the Secretary shall notify the State and, if 
        appropriate corrective action is not taken within a reasonable 
        time, not to exceed 90 days after the date of the receipt of 
        such notification, the Secretary shall--
                    ``(A) withdraw approval of the program until the 
                Secretary determines such corrective action has been 
                taken; and
                    ``(B) resume the program for the issuance of 
                permits under subsections (b) and (e) for all 
                activities with respect to which the State was issuing 
                permits until such time as the Secretary makes the 
                determination described in paragraph (2) and the State 
                again has an approved program.
            ``(8) Treatment of existing programs.--Any State which has 
        received approval to administer a program pursuant to this 
        subsection before the date of the enactment of the 
        Comprehensive Wetlands Conservation and Management Act of 1995 
        shall not be required to reapply for approval and shall be 
        permitted to continue administering such program in a manner 
        consistent with the provisions of this section. Upon receipt of 
        a request from the Governor of such State, the Secretary, with 
        the concurrence of the Governor, shall amend the program.
    ``(m) Miscellaneous Provisions.--
            ``(1) State authority to control discharges.--Nothing in 
        this section shall preclude or deny the right of any State or 
        interstate agency to control activities in waters within the 
        jurisdiction of such State, including any activity of any 
        Federal agency, and each such agency shall comply with such 
        State or interstate requirements both substantive and 
        procedural to control such activities to the same extent that 
        any person is subject to such requirements. This section shall 
        not be construed as affecting or impairing the authority of the 
        Secretary to maintain navigation.
            ``(2) Availability to public.--A copy of each permit 
        application and each permit issued under this section shall be 
        available to the public. Such permit application or portion 
        thereof shall further be available on request for the purpose 
        of reproduction.
            ``(3) Publication in federal register.--The Secretary shall 
        have published in the Federal Register all memoranda of 
        agreement, regulatory guidance letters, and other guidance 
        documents of general applicability to implementation of this 
        section at the time they are distributed to agency regional or 
        field offices. In addition, the Secretary shall prepare, update 
        on a biennial basis and make available to the public for 
        purchase at cost--
                    ``(A) an indexed publication containing all Federal 
                regulations, general permits, memoranda of agreement, 
                regulatory guidance letters, and other guidance 
                documents relevant to the permitting of activities 
                pursuant to this section; and
                    ``(B) information to enable the general public to 
                understand the delineation of wetlands, the permitting 
                requirements referred to in subsection (e), wetlands 
                restoration and enhancement, wetlands functions, 
                available nonregulatory programs to conserve and 
                restore wetlands, and other matters that the Secretary 
                considers relevant.
            ``(4) Compliance.--
                    ``(A) Compliance with permit.--Compliance with a 
                permit issued pursuant to this section, including any 
                activity carried out pursuant to a general permit 
                issued under this section, shall be deemed in 
                compliance, for purposes of sections 309 and 505, with 
                sections 301, 307, and 403.
                    ``(B) Cranberry production.--Activities associated 
                with expansion, improvement, or modification of 
                existing cranberry production operations shall be 
                deemed in compliance, for purposes of sections 309 and 
                505, with section 301, if--
                            ``(i) the activity does not result in the 
                        modification of more than 10 acres of wetlands 
                        per operator per year and the modified wetlands 
                        (other than where dikes and other necessary 
                        facilities are placed) remain as wetlands or 
                        other waters of the United States; or
                            ``(ii) the activity is required by any 
                        State or Federal water quality program.
            ``(5) Limitation on fees.--Any fee charged in connection 
        with the delineation or classification of wetlands, the 
        submission or processing of an application for a permit 
        authorizing an activity in wetlands or waters of the United 
        States, or any other action taken in compliance with the 
        requirements of this section (other than fines for violations 
        under subsection (k)) shall not exceed the amount in effect for 
        such fee on February 15, 1995.
            ``(6) Balanced implementation.--
                    ``(A) In general.--In implementing his or her 
                responsibilities under the regulatory program under 
                this section, the Secretary shall balance the objective 
                of conserving functioning wetlands with the objective 
                of ensuring continued economic growth, providing 
                essential infrastructure, maintaining strong State and 
                local tax bases, and protecting against the 
                diminishment of the use and value of privately owned 
                property.
                    ``(B) Minimization of adverse effects on private 
                property.--In carrying out this section, the Secretary 
                and the heads of all other Federal agencies shall seek 
                in all actions to minimize the adverse effects of the 
                regulatory program under this section on the use and 
                value of privately owned property.
            ``(7) Procedures for emergencies.--The Secretary shall 
        develop procedures for facilitating actions under this section 
        that are necessary to respond to emergency conditions 
        (including flood events and other emergency situations) which 
        may involve loss of life and property damage. Such procedures 
        shall address circumstances requiring expedited approvals as 
        well as circumstances requiring no formal approval under this 
        section.
            ``(8) Use of property.--For purposes of this section, a use 
        of property is limited by an agency action if a particular 
        legal right to use that property no longer exists because of 
        the action.
            ``(9) Transition rules.--
                    ``(A) Permit required.--After the effective date of 
                this section under section 806 of the Comprehensive 
                Wetlands Conservation and Management Act of 1995, no 
                permit for any activity in wetlands or waters of the 
                United States may be issued except in accordance with 
                this section. Any application for a permit for such an 
                activity pending under this section on such effective 
                date shall be deemed to be an application for a permit 
                under this section.
                    ``(B) Prior permits.--Any permit for an activity in 
                wetlands or waters of the United
                 States issued under this section prior to the 
effective date referred to in subparagraph (A) shall be deemed to be a 
permit under this section and shall continue in force and effect for 
the term of the permit unless revoked, modified, suspended, or canceled 
in accordance with this section.
                    ``(C) Reevaluation.--
                            ``(i) Petition.--Any person holding a 
                        permit for an activity in wetlands or water of 
                        the United States on the effective date 
                        referred to in subparagraph (A) may petition, 
                        after such effective date, the Secretary for 
                        reevaluation of any decision made before such 
                        effective date concerning (I) a determination 
                        of regulatory jurisdiction under this section, 
                        or (II) any condition imposed under the permit. 
                        Upon receipt of a petition for reevaluation, 
                        the Secretary shall conduct the reevaluation in 
                        accordance with the provisions of this section.
                            ``(ii) Modification of permit.--If the 
                        Secretary finds that the provisions of this 
                        section apply with respect to activities and 
                        lands which are subject to the permit, the 
                        Secretary shall modify, revoke, suspend, 
                        cancel, or continue the permit as appropriate 
                        in accordance with the provisions of this 
                        section; except that no compensation shall be 
                        awarded under this section to any person as a 
                        result of reevaluation pursuant to this 
                        subparagraph and, if the permit covers 
                        activities in type A wetlands, the permit shall 
                        continue in effect without modification.
                            ``(iii) Procedure.--The reevaluation shall 
                        be carried out in accordance with time limits 
                        set forth in subsection (e)(5) and shall be 
                        subject to administrative appeal under 
                        subsection (i).
                    ``(D) Previously denied permits.--No permit shall 
                be issued under this section, no exemption shall be 
                available under subsection (f), and no exception shall 
                be available under subsection (g)(1)(B), for any 
                activity for which a permit has previously been denied 
                by the Secretary on more than one occasion unless such 
                activity--
                            ``(i) has been approved by the affected 
                        State, county, and local government within the 
                        boundaries of which the activity is proposed;
                            ``(ii) in the case of unincorporated land, 
                        has been approved by all local governments 
                        within 1 mile of the proposed activity; and
                            ``(iii) would result in a net improvement 
                        to water quality at the site of such activity.
            ``(10) Certification.--Notwithstanding any other provision 
        of this Act, the Administrator shall not, either directly or 
        indirectly, impose any requirement or condition in a 
        certification required under section 401 that the Secretary 
        determines is inconsistent with the provisions of this section.
            ``(11) Definitions.--In this section the following 
        definitions apply:
                    ``(A) Activity in wetlands or waters of the united 
                states.--The term `activity in wetlands or waters of 
                the United States' means--
                            ``(i) the discharge of dredged or fill 
                        material into waters of the United States, 
                        including wetlands at a specific disposal site; 
                        or
                            ``(ii) the draining, channelization, or 
                        excavation of wetlands.
                    ``(B) Agency.--The term `agency' has the meaning 
                given that term in section 551 of title 5, United 
                States Code.
                    ``(C) Agency action.--The term `agency action' has 
                the meaning given that term in section 551 of title 5, 
                United States Code, but also includes the making of a 
                grant to a public authority conditioned upon an action 
                by the recipient that would constitute a limitation if 
                done directly by the agency.
                    ``(D) Agricultural land.--The term `agricultural 
                land' means cropland, pastureland, native pasture, 
                rangeland, an orchard, a vineyard, nonindustrial forest 
                land, an area that supports a water dependent crop 
                (including cranberries, taro, watercress, or rice), and 
                any other land used to produce or support the 
                production of an annual or perennial crop (including 
                forage or hay), aquaculture product, nursery product, 
                or wetland crop or the production of livestock.
                    ``(E) Conserved wetlands.--The term `conserved 
                wetlands' means wetlands that are located in the 
                National Park System, National Wildlife Refuge System, 
                National Wilderness System, the Wild and Scenic River 
                System, and other similar Federal conservation systems, 
                combined with wetlands located in comparable types of 
                conservation systems established under State and local 
                authority within State and local land use systems.
                    ``(F) Economic base lands.--The term `economic base 
                lands' means lands conveyed to, selected by, or owned 
                by Alaska Native entities pursuant to the Alaska Native 
                Claims Settlement Act, Public Law 92-203 or the Alaska 
                Native Allotment Act of 1906 (34 Stat. 197), and lands 
                conveyed to, selected by, or owned by the State of 
                Alaska pursuant to the Alaska Statehood Act, Public Law 
                85-508.
                    ``(G) Fair market value.--The term `fair market 
                value' means the most probable price at which property 
                would change hands, in a competitive and open market 
                under all conditions requisite to a fair sale, between 
                a willing buyer and a willing seller, neither being 
                under any compulsion to buy or sell and both having 
                reasonable knowledge of relevant facts, at the time the 
                agency action occurs.
                    ``(H) Law of a state.--The term `law of a State' 
                includes the law of a political subdivision of a State.
                    ``(I) Mitigation bank.--The term `mitigation bank' 
                means a wetlands restoration, creation, enhancement, or 
                preservation project undertaken by one or more parties, 
                including private and public entities, expressly for 
                the purpose of providing mitigation compensation 
                credits to offset adverse impacts to wetlands or other 
                waters of the United States authorized by the terms of 
                permits allowing activities in such wetlands or waters.
                    ``(J) Navigational dredging.--The term 
                `navigational dredging' means the dredging of ports, 
                waterways, and inland harbors, including berthing areas 
                and local access channels appurtenant to a Federal 
                navigation channel.
                    ``(K) Property.--The term `property' means land and 
                includes the right to use or receive water.
                    ``(L) Secretary.--The term `Secretary' means the 
                Secretary of the Army.
                    ``(M) State with substantial conserved wetlands 
                areas.--The term `State with substantial conserved 
                wetlands areas' means any State which--
                            ``(i) contains at least 10 areas of 
                        wetlands for each acre of wetlands filled, 
                        drained, or otherwise converted within such 
                        State (based upon wetlands loss statistics 
                        reported in the 1990 United States Fish and 
                        Wildlife Service Wetlands Trends report to 
                        Congress entitled `Wetlands Losses in the 
                        United States 1780's to 1980's'); or
                            ``(ii) the Secretary of the Army determines 
                        has sufficient conserved wetlands areas to 
                        provided adequate wetlands conservation in such 
                        State, based on the policies set forth in this 
                        Act.
                    ``(N) Vernal pools.--The term `vernal pools' means 
                individual isolated wetlands that have exceptional 
                waterfowl habitat functions and that exhibit the 
                following characteristics:
                            ``(i) an area greater than \1/2\ acre;
                            ``(ii) seasonal standing for no less than 
                        45 consecutive days during the fall and winter 
                        in an average precipitation season;
                            ``(iii) an impermeable subsurface hard pan 
                        soil layer that prevents subsurface water 
                        drainage or percolation; and
                            ``(iv) a surface outlet for relief of water 
                        flow.
                    ``(O) Wetlands.--The term `wetlands' means those 
                lands that meet the criteria for delineation of lands 
                as wetlands set forth in subsection (g).''.

SEC. 804. DEFINITIONS.

    Section 502 (33 U.S.C. 1362) is further amended--
            (1) in paragraph (6)--
                    (A) by striking ``dredged spoil,'';
                    (B) by striking ``or (B)'' and inserting ``(B)''; 
                and
                    (C) by inserting before the period at the end ``; 
                and (C) dredged or fill material''; and
            (2) by adding at the end thereof the following new 
        paragraphs:
    ``(28) The term `wetlands' means lands which have a predominance of 
hydric soils and which are inundated by surface water at a frequency 
and duration sufficient to support, and that under normal circumstances 
do support, a prevalence of vegetation typically adapted for life in 
saturated soil conditions. Wetlands generally include swamps, marshes, 
bogs, and similar areas.
    ``(29) The term `creation of wetlands' means an activity that 
brings a wetland into existence at a site where it did not formerly 
occur for the purpose of compensatory mitigation.
    ``(30) The term `enhancement of wetlands' means any activity that 
increases the value of one or more functions in existing wetlands.
    ``(31) The term `farmed wetland' means those agricultural lands, as 
defined in section 404, and associated nonagricultural lands exhibiting 
wetlands characteristics, as delineated solely by the Secretary of 
Agriculture.
    ``(32) The term `fastlands' means lands located behind legally 
constituted man-made structures or natural formations, such as levees 
constructed and maintained to permit the utilization of such lands for 
commercial, industrial, or residential purposes consistent with local 
land use planning requirements.
    ``(33) The term `wetlands functions' means the roles wetlands 
serve, including flood water storage, flood water conveyance, ground 
water recharge, erosion control, wave attenuation, water quality 
protection, scenic and aesthetic use, food chain support, fisheries, 
wetlands plant habitat, aquatic habitat, and habitat for wetland 
dependent wildlife.
    ``(34) The term `growing season' means, for each plant hardiness 
zone, the period between the average date of last frost in spring and 
the average date of first frost in autumn.
    ``(35) The term `incidentally created wetlands' means lands that 
exhibit wetlands characteristics sufficient to meet the criteria for 
delineation of wetlands, where one or more of such characteristics is 
the unintended result of human induced alterations of hydrology.
    ``(36) The term `maintenance' when used in reference to wetlands 
means activities undertaken to assure continuation of a wetland or the 
accomplishment of project goals after a restoration or creation project 
has been technically completed, including water level manipulations and 
control of nonnative plant species.
    ``(37) The term `mitigation banking' means wetlands restoration, 
enhancement, preservation or creation for the purpose of providing 
compensation for wetland degradation or loss.
    ``(38) The term `normal farming, silviculture, aquaculture and 
ranching activities' means normal practices identified as such by the 
Secretary of Agriculture, in consultation with the Cooperative 
Extension Service for each State and the land grant university system 
and agricultural colleges of the State, taking into account existing 
practices and such other practices as may be identified in consultation 
with the affected industry or community.
    ``(39) The term `restoration' in reference to wetlands means an 
activity undertaken to return a wetland from a disturbed or altered 
condition with lesser acreage or fewer functions to a previous 
condition with greater wetlands acreage or functions.
    ``(40) The term `temporary impact' means the disturbance or 
alteration of wetlands caused by activities under circumstances in 
which, within 3 years following the commencement of such activities, 
such wetlands--
            ``(A) are returned to the conditions in existence prior to 
        the commencement of such activity; or
            ``(B) display conditions sufficient to ensure, that without 
        further human action, such wetlands will return to the 
        conditions in existence prior to the commencement of such 
        activity.
    ``(41) The term `airport hazard' has the meaning such term has 
under section 47102 of title 49, United States Code.''.

SEC. 805. TECHNICAL AND CONFORMING AMENDMENTS.
    (a) Violation.--Section 301(a) (33 U.S.C. 1311(a)) is amended--
            (1) by striking ``402, and 404'' and inserting ``and 402''; 
        and
            (2) by adding at the end the following: ``Except as in 
        compliance with this section and section 404, the undertaking 
        of any activity in wetlands or waters of the United States 
        shall be unlawful.''.
    (b) Federal Enforcement.--Section 309 (33 U.S.C. 1319) is amended--
            (1) in subsection (a)(1) by striking ``or 404'';
            (2) in subsection (a)(3) by striking ``or in a permit 
        issued under section 404 of this Act by a State'';
            (3) in each of subsections (c)(1)(A) and (c)(2)(A) by 
        striking ``or in a permit'' and all that follows through 
        ``State;'' and inserting a semicolon;
            (4) in subsection (c)(3)(A) by striking ``or in a permit'' 
        and all that follows through ``State, and'' and inserting 
        ``and'';
            (5) by adding at the end of subsection (c) the following:
            ``(8) Treatment of certain violations.--Any person who 
        violates section 301 with respect to an activity in wetlands or 
        waters of the United States for which a permit is required 
        under section 404 shall not be subject to punishment under this 
        subsection but shall be subject to punishment under section 
        404(k)(5).'';
            (6) in subsection (d) by striking ``, or in a permit issued 
        under section 404 of this Act by a State,'';
            (7) by adding at the end of subsection (d) the following: 
        ``Any person who violates section 301 with respect to an 
        activity in wetlands or waters of the United States for which a 
        permit is required under section 404 shall not be subject to a 
        civil penalty under this subsection but shall be subject to a 
        civil penalty under section 404(k)(4).'';
            (8) in subsection (g)(1)--
                    (A) by striking ``--'' and all that follows through 
                ``(A)'';
                    (B) by striking ``or in a permit issued under 
                section 404 by a State, or''; and
                    (C) by striking ``(B)'' and all that follows 
                through ``as the case may be,'' and inserting ``the 
                Administrator'';
            (9) by adding at the end of subsection (g) the following:
            ``(12) Treatment of certain violations.--Any person who 
        violates section 301 with respect to an activity in wetlands or 
        waters of the United States for which a permit is required 
        under section 404 shall not be subject to assessment of a civil 
        penalty under this subsection but shall be subject to 
        assessment of a civil penalty under section 404(k)(4).'';
            (10) by striking ``or Secretary'', ``or the Secretary'', 
        ``or the Secretary, as the case may be,'', ``or Secretary's'', 
        and ``and the Secretary'' each place they appear; and
            (11) in subsection (g)(9)(B) by inserting a comma after 
        ``Administrator''.

SEC. 806. EFFECTIVE DATE.

    This title, including the amendments made by this title, shall take 
effect on the 90th day following the date of the enactment of this Act.

                    TITLE IX--NAVIGATIONAL DREDGING

SEC. 901. REFERENCES TO ACT.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Marine Protection, 
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).

SEC. 902. ENVIRONMENTAL PROTECTION AGENCY PERMITS.

    Section 102(c) (33 U.S.C. 1412(c)) is amended--
            (1) in the first sentence of paragraph (3) by striking 
        ``the Administrator, in conjunction with the Secretary,'' and 
        inserting ``the Secretary, in conjunction with the 
        Administrator,''; and
            (2) in the second sentence of paragraph (3) by striking 
        ``the Administrator and the Secretary'' and inserting ``the 
        Secretary and the Administrator''.

SEC. 903. CORPS OF ENGINEERS PERMITS.

    (a) Disposal Sites.--Section 103(b) (33 U.S.C. 1413(b)) is 
amended--
            (1) in the matter preceding paragraph (1) by striking ``, 
        with the concurrence of the Administrator,''; and
            (2) in paragraph (3) by striking ``Administrator'' and 
        inserting ``Secretary''.
    (b) Consultation With the Administrator.--Section 103(c) (33 U.S.C. 
1413(c)) is amended to read as follows:
    ``(c) Consultation With the Administrator.--Prior to issuing a 
permit to any person under this section, the Secretary shall first 
consult with the Administrator.''.

SEC. 904. PENALTIES.

    Section 105 (33 U.S.C. 1415) is amended--
            (1) in the first sentence by inserting ``or, with respect 
        to violations of section 103, the Secretary'' before the period 
        at the end;
            (2) in the fourth, fifth, and sixth sentences by inserting 
        ``or the Secretary, as the case may be,'' after 
        ``Administrator'' each place it appears; and
            (3) in subsection (g)(2)(C) by inserting ``or the 
        Secretary, as the case may be,'' after ``the Administrator'' 
        the first place it appears.

SEC. 905. ANNUAL REPORT.

    Section 112 (33 U.S.C. 1421) is amended by striking ``with the 
concurrence of the Administrator''.

SEC. 906. REFERENCE TO COMMITTEE.

    Section 104(i)(3) (33 U.S.C. 1414(i)(3)) is amended by striking 
``Merchant Marine and Fisheries'' and inserting ``Transportation and 
Infrastructure''.

                     TITLE X--ADDITIONAL PROVISIONS

SEC. 1001. COASTAL NONPOINT POLLUTION CONTROL.

    (a) In General.--Section 6217(a)(1) of the Coastal Zone Act 
Reauthorization Amendments of 1990 (16 U.S.C. 1451 note) is amended--
            (1) by striking ``shall'' the first place it appears and 
        inserting ``may'';
            (2) by striking ``the Secretary and''; and
            (3) by inserting after the first sentence the following: 
        ``Notwithstanding the preceding sentence, if the Administrator 
        determines, in consultation with the State, such program is 
        needed to supplement the program under section 319 of the 
        Federal Water Pollution Control Act as it relates to the 
        coastal zone, the State shall prepare and submit such 
        program.''.
    (b) Program Submission, Approval, and Implementation.--Section 
6217(c) of such Act is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the Secretary and the 
                Administrator shall jointly'' and inserting ``the 
                Administrator shall''; and
                    (B) by striking ``The program'' and all that 
                follows through the period at the end of the paragraph 
                and inserting ``The program shall be approved if the 
                Administrator determines that the program meets the 
                requirements of this section.''; and
            (2) in paragraph (3)--
                    (A) by striking ``If the Secretary'' and inserting 
                ``If the Administrator'';
                    (B) by striking ``the Secretary shall withhold'' 
                and inserting ``the Administrator shall direct the 
                Secretary to withhold''; and
                    (C) by striking ``The Secretary shall make'' and 
                inserting ``The Administrator shall direct the 
                Secretary to make''.
    (c) Financial Assistance.--Section 6217(f) of such Act is amended--
            (1) in paragraph (1)--
                    (A) by striking ``the Secretary, in consultation 
                with the Administrator,'' and inserting ``the 
                Administrator''; and
                    (B) by inserting ``and implementing'' after 
                ``developing'';
            (2) in paragraph (2) by inserting ``and implementing'' 
        after ``developing''; and
            (3) in paragraph (4)--
                    (A) by striking ``the Secretary'' each place it 
                appears and inserting ``the Administrator'';
                    (B) by striking ``, in consultation with the 
                Administrator,''; and
                    (C) by inserting ``and implementing'' after 
                ``preparing''.
    (d) Authorization of Appropriations.--Section 6217(h)(2) of such 
Act is amended--
            (1) in subparagraph (A) by striking ``, other than for 
        providing in the form of grants under subsection (f)''; and
            (2) in subparagraph (B) by striking ``the Secretary'' and 
        inserting ``the Administrator''.

            Passed the House of Representatives May 16, 1995.
            Attest:

                                                                 Clerk.




104th CONGRESS

  1st Session

                                H.R. 961

_______________________________________________________________________

                                 AN ACT

           To amend the Federal Water Pollution Control Act.