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

  1st Session
                                H. R. 961

           To amend the Federal Water Pollution Control Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 1995

   Mr. Shuster (for himself, Mr. Hayes, Mr. Clinger, Mr. Parker, Mr. 
Emerson, Mr. Laughlin, Mr. Zeliff, Mr. Poshard, Mr. Ewing, Ms. Danner, 
Mr. Hutchinson, Mr. Deal of Georgia, Mr. Mica, Mr. Barcia, Mr. Duncan, 
 and Mr. Pete Geren of Texas) introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
           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. State management assistance.
                     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.
                  TITLE III--STANDARDS AND ENFORCEMENT

Sec. 301. Effluent limitations.
Sec. 302. Information and guidelines.
Sec. 303. Risk and cost-benefit analysis.
Sec. 304. Toxic pollutants.
Sec. 305. Federal enforcement.
Sec. 306. Federal facilities.
Sec. 307. Clean lakes.
Sec. 308. Nonpoint source management programs.
Sec. 309. National estuary program.
Sec. 310. State watershed management programs.
                     TITLE IV--PERMITS AND LICENSES

Sec. 401. Waste treatment systems.
Sec. 402. Stormwater discharge permits.
Sec. 403. Combined sewer overflows.
Sec. 404. Intake credits.
Sec. 405. Beneficial use of biosolids.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Consultation with States.
Sec. 502. Oil type differentiation.
Sec. 503. Needs estimate.
Sec. 504. General program authorizations.
Sec. 505. Adequately funded mandates.
        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

Sec. 601. Water use efficiency measures.
Sec. 602. Guidance for small systems.
Sec. 603. Types of assistance.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Future funding options for infrastructure projects.
Sec. 702. Technical amendments.
            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.

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) State Strategies.--Section 101(a) (33 U.S.C. 1251(a)) 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:
            ``(8) it is the national policy to support State efforts 
        undertaken in consultation with 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, residuals, and byproducts 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 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 shall produce benefits to the public health and safety and to 
the environment that justify the cost to the Government and the public 
of implementation of and compliance with the requirements of this Act. 
The cost-benefit analysis shall consider both quantifiable and 
qualitative measures. In accordance with this policy, the Administrator 
shall identify, assess, and document alternative regulatory approaches 
for protecting water quality in the Nation and shall develop 
regulations and guidance based upon the best obtainable scientific, 
technical, economic, and other information, including the risk 
reduction benefits achievable by the identified alternatives. In the 
event that the required assessment cannot be made or the selected 
regulatory approach does not achieve maximum net benefits, the 
Administrator shall report the reasons therefor to Congress.''.

SEC. 102. STATE MANAGEMENT ASSISTANCE.

    Section 106(a) (33 U.S.C. 1255(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 $100,000,000 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.''.

                     TITLE II--CONSTRUCTION GRANTS

SEC. 201. USES OF FUNDS.

    (a) Removal of Limitation.--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) Consideration of Water Use Efficiency.--Section 201(g)(2) (33 
U.S.C. 201(g)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) wastewater reduction and other water use efficiency 
        options have been studied and evaluated and, to the extent 
        practicable and cost effective, implemented.''.

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'';
            (2) in clause (2) by striking ``an existing community'' and 
        inserting ``a community existing on such date of enactment''; 
        and
            (3) in clause (2) by inserting after ``sufficient 
        existing'' the following: ``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''.

                  TITLE III--STANDARDS AND ENFORCEMENT

SEC. 301. EFFLUENT LIMITATIONS.

    (a) Innovative Technologies.--Section 301(k) (33 U.S.C. 1311(k)) is 
amended--
            (1) by striking ``lower costs'' and all that follows 
        through ``achievable,'' and inserting ``reducing the release of 
        pollutants to other media,'';
            (2) by striking ``a date'' and inserting ``a schedule for 
        compliance'';
            (3) by inserting ``which includes a date for such 
        compliance'' before ``no later than''; and
            (4) by striking ``two years'' and inserting ``3 years''.
    (b) 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 water quality of the receiving stream is projected to be 
improved by remining''.

SEC. 302. INFORMATION AND GUIDELINES.

    (a) Guidance on Water Quality Standards for Low Flow Areas.--
Section 304(a) (33 U.S.C. 1314(a)) is amended by adding at the end the 
following:
            ``(9) Guidance on standards for low flow areas.--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 guidance to 
the States on development and adoption of water quality standards 
applicable to navigable waters that contain little or no water during 
low flow periods. The guidance shall take into account the limited 
ability of such waters to support aquatic life and certain designated 
uses and shall include consideration of the role the discharge may play 
in maintaining the flow or level of such waters.''.
    (b) Procedural Guidelines.--Section 304(i)(2)(D) (33 U.S.C. 
1314(i)(2)(D)) is amended by inserting after ``any person'' the 
following: ``(other than an employee or official of a city, county, or 
local government agency)''.

SEC. 303. RISK AND COST-BENEFIT ANALYSIS.

    Section 304 (33 U.S.C. 1314) is amended by adding at the end the 
following:

    ``(n) Risk Assessment Guidelines.--
            ``(1) Risk assessment and analysis requirements.--In 
        developing any standard, effluent limitation, or other 
        regulatory requirement (except for issuance of a permit or 
        establishment of any purely procedural requirements) under this 
        Act, or issuing any guidance under this Act, the Administrator 
        or the Secretary responsible for establishment of such 
        regulatory requirement or issuance of such guidance shall 
        perform a risk assessment consistent with the guidance issued 
        by the Administrator pursuant to paragraph (2). Such risk 
        assessment shall be performed in conjunction with the 
        development of any proposed regulation, and in any case shall 
        be subject to public notice and comment. No regulatory 
        requirement or guidance subject to this paragraph shall be 
        established or issued where the social, environmental, and 
        economic benefits of such requirement are not reasonably 
        related to the anticipated costs. The requirements of the 
        preceding sentence shall not apply to regulations that merely 
        recite statutory provisions. The requirements of this paragraph 
        shall not apply to guidance that solely clarifies, confirms, or 
        explains an existing regulation, without adding to or expanding 
        on such regulation.
            ``(2) Guidelines.--Not later than 180 days after the date 
        of the enactment of this subsection, and after providing notice 
        and opportunity for public comment, the Administrator shall 
        issue guidelines for conducting risk assessments. The 
        guidelines shall--
                    ``(A) require use of all relevant, available, 
                scientific data, and information;
                    ``(B) require identification and discussion of--
                            ``(i) all significant assumptions, 
                        inferences, or models used in the risk 
                        assessment;
                            ``(ii) credible alternatives to each such 
                        assumption, inference, or model;
                            ``(iii) the sensitivity of the result to 
                        the significant assumptions, inferences, or 
                        models relied upon; and
                            ``(iv) the extent to which any such 
                        assumption, inference, or model has been 
                        validated by or conflicts with empirical data;
                    ``(C) require, to the maximum extent practical, a 
                quantitative estimate of the uncertainty inherent in 
                the risk assessment;
                    ``(D) require a comparison of the nature and extent 
                of the risk identified by the risk assessment with 
                available information on other risks to human health or 
                the environment;
                    ``(E) require an estimate of the nature and extent 
                of the incremental risk avoided by the standard, 
                effluent limitation, or other regulatory requirement, 
                or related guidance, and the social, environmental, and 
                economic benefits anticipated therefrom; and
                    ``(F) require an estimate of the total social, 
                environmental, and economic costs of implementing or 
                complying with the standard, effluent limitation, or 
                other regulatory requirement, or related guidance.
            ``(3) Application to states.--In developing regulations or 
        guidance under the Act, States may apply the risk assessment 
        guidance and risk analysis standards set forth in paragraph 
        (1).
            ``(4) Exceptions.--Standards, effluent limitation, or other 
        regulatory requirements, and related guidance, that are issued 
        in final form in the 1-year period following the date of the 
        enactment of this subsection shall not be subject to the 
        requirements of paragraph (1).''.

SEC. 304. 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 ``(2)(A) Toxic 
        effluent limitations and standards.--Each'';
            (2) in subparagraph (A), as so designated, by striking the 
        third sentence; and
            (3) 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, 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) State Water Quality Standards.--Section 303(c) (33 U.S.C. 
1313(c)) is amended by striking ``three'' and all that follows through 
``1972)'' and inserting ``5-year period beginning on the date of the 
enactment of the Clean Water Amendments of 1995)''.
    (c) Fish Consumption Advisories.--Section 304 (33 U.S.C. 1314) is 
amended by adding at the end the following:
    ``(n) Fish Consumption Advisories.--After consultation with 
appropriate Federal and State agencies, and after providing notice and 
opportunity for public comment, the Administrator may develop and issue 
guidance that States may use--
            ``(1) in issuing fish consumption advisories;
            ``(2) in developing a monitoring program for contaminants 
        in fish and shellfish; and
            ``(3) in issuing scientific protocols for testing 
        contamination levels of fish.''.
    (d) 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 and State agencies, and after providing notice and 
opportunity for public comment, the Administrator may develop and issue 
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.''.
            (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)''.

SEC. 305. 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 paragraph, 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 the maximum 
        monetary penalty or the range of maximum monetary penalties, as 
        appropriate, by the cost-of-living adjustment.
            ``(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; 
                exceeds
                    ``(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 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. 306. 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 or runoff 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 includes 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 the 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 or Secretary, as 
applicable, has commenced and is diligently prosecuting an action under 
this subsection, or for which the Administrator or Secretary, as 
applicable, 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:
    ``(21) 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. 307. CLEAN LAKES.

    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. 308. 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 inserting ``enforceable policies and 
                        mechanisms,'' after ``as appropriate,'';
                            (ii) by striking ``for enforcement''; and
                            (iii) 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 a 
                        reasonable likelihood of attainment of water 
                        quality standards by not later than December 
                        31, 2009 for those waters identified under 
                        subsection (a)(1)(A)'';
                    (C) by amending subparagraph (C) to read as 
                follows:
                    ``(C) A schedule containing interim goals and 
                milestones for making reasonable progress toward the 
                attainment of standards, which may be demonstrated by 
                any combination of improvements in water quality 
                (including biological indicators), adoption of 
                enforceable nonpoint source control practices and 
                measures, and documented implementation of voluntary 
                nonpoint source control practices and measures.'';
                    (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.''.
    (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 by not later than December 31, 2009, 
        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 (D) by striking ``are not 
                adequate'' and all that follows before the semicolon 
                and inserting the following: ``will not result in 
                reasonable progress toward the attainment of applicable 
                water quality standards under section 303 as 
                expeditiously as possible but not later than December 
                31, 2009''; and
                    (B) in the text following subparagraph (D) by 
                striking ``3 months'' and inserting ``6 months''.
            (3) Failure to submit report.--Section 319(d)(3) is 
        amended--
                    (A) in paragraph (1) 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) Failure of state to submit management program.--Section 
        319(d) is amended by adding at the end the following:
            ``(4) Failure of state to submit management program.--If a 
        State fails to submit a management program or revised 
        management program under subsection (b) or the Administrator 
        does not approve 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). 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. 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 does not approve 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 implementation of'' 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 to implement a component of a 
                federally established program.''.
            (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) Limitation on use of funds.--Paragraph (7) of section 
        319(h) is amended to read as follows:
            ``(7) Limitation on use of funds.--A State may not use more 
        than 70 percent of amounts from grants made available to the 
        State pursuant to this section for--
                    ``(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; and
                    ``(D) land acquisition or conservation easements 
                consistent with a site-specific water quality plan.''.
            (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 costs of nonpoint source control measures 
                for different nonpoint source categories and 
                subcategories and of options for better reflecting such 
                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 each of 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) 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 ``1998, 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)''.
    (j) Set Aside for Administrative Personnel.--Section 319(n) is 
amended by striking ``less'' and inserting ``more''.
    (k) Guidance on Model Management Practices and Measures.--Section 
319 is amended by adding at the end the following:
    ``(o) Guidance on Model Management Practices and Measures.--
            ``(1) In general.--The Administrator, in consultation with 
        appropriate Federal and State 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.
            ``(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 at least once 
        every 3 years after its publication.
            ``(3) 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.
    (l) Inadequate Funding.--Section 319 is 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 (j), 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.''.
    (m) Coastal Nonpoint Pollution Control Programs.--Section 
6217(a)(1) of the Omnibus Budget Reconciliation Act of 1990 (16 U.S.C. 
1455b(a)(1)) is amended by inserting before the period at the end of 
the 1st sentence the following: ``; except that a State that submits a 
management program to the Secretary for approval under section 306 of 
the Coastal Zone Management Act of 1972 after the date of issuance of 
final guidance under subsection (g) of this section shall not be 
required to submit a Coastal Nonpoint Pollution Control Program for 
approval pursuant to this subsection before the expiration of the 30-
month period beginning on the date on which the Secretary approves such 
management program.''.

SEC. 309. 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; 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''.

SEC. 310. 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) Definitions.--In this section, the following definitions 
apply:
            ``(1) Ecosystem.--The term `ecosystem' means a community of 
        plants and animals (including humans) and the environment 
        (including surface water, the ground water with which it 
        interacts, and riparian areas) upon which the community 
        depends.
            ``(2) Environmental goals.--The term `environmental goals' 
        means the goals and more detailed objectives specified by 
        States or State-designated responsible entities to protect, 
        restore, and maintain water resources and aquatic ecosystems 
        within a watershed, including applicable water quality 
        standards and wetlands protection goals established under this 
        Act.
            ``(3) State.--The term `State' means any State, territory, 
        or Indian tribe described in section 518(e).
    ``(b) 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 concurrently or 
                sequentially. The scope of the State program may expand 
                over time with respect to the watersheds and issues to 
                be addressed under 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 
                (f)(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 statewide environmental 
                goals that will be pursued in each watershed, 
                including, at a minimum, attainment of State water 
                quality standards and the objectives of this Act, and, 
                as appropriate, other State objectives.
            ``(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. A State may use the report to satisfy any reporting 
        requirements under sections 106, 314, 319, 320, and 604(b).
    ``(c) 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.
    ``(d) Eligible Watershed Management and Planning Activities.--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 205(j), 
319(h), 320, and 604(b):
            ``(1) Characterizing the waters and land uses.
            ``(2) Identifying and evaluating problems within the 
        watershed.
            ``(3) Selecting short-term and long-term goals for 
        watershed management.
            ``(4) Developing and implementing measures and practices to 
        meet identified goals.
            ``(5) Identifying and coordinating projects and activities 
        necessary to restore or maintain water quality or other related 
        environmental objectives within the watershed.
            ``(6) Identifying the appropriate institutional 
        arrangements to carry out a watershed management plan that has 
        been approved or adopted by the State under this section.
            ``(7) Updating the plan.
            ``(8) Conducting training and public participation 
        activities.
            ``(9) Any other activity considered appropriate by the 
        Administrator.
    ``(e) 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.
    ``(f) Approved or State-Adopted Plans.--
            ``(1) Minimum requirement.--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 environmental 
                        objectives of the plan, including, at a 
                        minimum, State water quality standards, goals 
                        and objectives under this Act, and any other 
                        environmental goals the responsible planning 
                        entity or entities consider appropriate;
                            ``(ii) identifies pollutants, stressors, 
                        and sources causing the impairment of the 
                        waters;
                            ``(iii) identifies actions that are 
                        necessary to achieve the environmental 
                        objectives of the plan, including source 
                        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 will be attained as expeditiously as 
                        practicable, but not later than any applicable 
                        deadline under this Act and that all other 
                        environmental goals identified in the watershed 
                        management plan will be attained as 
                        expeditiously as practicable;
                            ``(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 environmental 
                        goals; 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 environmental 
                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.
    ``(g) Guidance.--Not later than 1 year after the date of the 
enactment of this section, the Administrator, after consultation with 
the States, and after providing notice and opportunity for public 
comment, 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.''.
    (b) Incentives for Watershed Management.--
            (1) Point source permits.--Section 402 (33 U.S.C. 1342) is 
        amended by adding at the end the following:
    ``(q) Watershed Management.--
            ``(1) In general.--Notwithstanding section 301(b)(1)(C), 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 enforceable requirements 
                under the law of a State or a political subdivision of 
                a State for nonpoint source pollutant load reductions 
                that, in combination with point source requirements, 
                will meet applicable water quality standards under this 
                Act before the date of expiration of the plan; 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 a period of 5 years beyond the date 
        of expiration of the permit if the discharge is located in a 
        watershed management unit for which a watershed management plan 
        will be developed pursuant to section 321.
            ``(3) 10-year permit terms.--Notwithstanding subsection 
        (b)(1)(B), the term of a permit issued under this section may 
        be for a fixed term not exceeding 10 years for any point source 
        located in a watershed management unit established under 
        section 322 with respect to which a plan has been approved or 
        adopted by the State if the plan provides for the attainment 
        and maintenance of water quality standards (including 
        designated uses) in the affected waters, unless receiving 
        waters do not meet water quality standards due to the point 
        source discharge. If necessary, a permit issued pursuant to 
        this paragraph may be revised at any time to meet water quality 
        standards.''.
            (2) Nonpoint source controls.--Section 319 (33 U.S.C. 1329) 
        is amended by adding at the end the following:
    ``(q) Watershed Management Programs.--
            ``(1) In general.--If a State with a watershed management 
        program that has been approved by the Administrator pursuant to 
        section 321 makes a showing satisfactory to the Administrator 
        that the State watershed and nonpoint source management 
        programs will provide for the protection of coastal waters 
        generally and also contains the necessary elements specified in 
        paragraph (2), the State watershed program shall be deemed to 
        be in compliance with the requirements of this Act and the 
        Coastal Zone Act Reauthorization Amendments of 1990.
            ``(2) Necessary elements.--The necessary elements for State 
        watershed and nonpoint source management programs under 
        paragraph (1) are as follows:
                    ``(A) Identifying land uses.--The identification 
                of, and a continuing process for identifying, land uses 
                which, individually or cumulatively, may cause or 
                contribute significantly to a degradation of--
                            ``(i) those coastal waters where there is a 
                        failure to attain or maintain applicable water 
                        quality standards or protect designated uses, 
                        as determined by the State pursuant to its 
                        water quality planning processes; or
                            ``(ii) those coastal waters that are 
                        threatened by reasonably foreseeable increases 
                        in pollution loadings from new or expanding 
                        sources.
                    ``(B) Identifying critical coastal areas.--The 
                identification of, and a continuing process for 
                identifying, critical coastal areas adjacent to coastal 
                waters referred to in subparagraphs (A)(i) and (A)(ii), 
                within which any new land uses or substantial expansion 
                of existing land uses shall be subject to the 
                applicable requirements of a watershed plan approved or 
                adopted by the State.''.
            (4) 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(f) of the Federal Water Pollution Control Act.
            (5) Extension of review process.--Section 303(c)(1) (33 
        U.S.C. 1313(c)(1)) is amended by inserting after ``1972'' the 
        following: ``or at least once each 5-year period in the case of 
        a State which is implementing a watershed management program 
        approved under section 321''.
            (6) 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 if 50 percent of the amount 
        reserved under this sentence will be made available to local 
        entities.''.
            (7) Pollutant transfer opportunities.--
                    (A) Pollutant transfer pilot projects.--As part of 
                an approved watershed management program, the 
                Administrator or, where appropriate, State or 
                interstate agency may allow a point source discharger 
                to offset the impact of its discharge of a pollutant by 
                entering into arrangements, including the payment of 
                funds, for the implementation of nonpoint source 
                controls or point source controls by another discharger 
                through a pollution reduction credits trading program 
                established in an approved watershed management plan 
                under section 321 of the Federal Water Pollution 
                Control Act, so long as appropriate safeguards are 
                included to ensure compliance with technology based 
                controls and to protect the quality of receiving 
                waters.
                    (B) Incentive grants.--The Administrator shall 
                allocate sums made available by appropriations to carry 
                out pollution reduction credits trading programs in 
                selected areas throughout the country.
                    (C) Report.--Not later than 18 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 paragraph.

                     TITLE IV--PERMITS AND LICENSES

SEC. 401. WASTE TREATMENT SYSTEMS.

    Section 402(a) is amended by adding the following new paragraph:
            ``(6) 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. An existing 
        concentrated animal feeding operation that 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 may continue to use that natural 
        topographic feature for waste storage regardless of its size, 
        capacity, or previous use.''.

SEC. 402. STORMWATER DISCHARGE PERMITS.

    Section 402(p) (33 U.S.C. 1342(p)) is amended to read as follows:
    ``(p) Municipal and Industrial Stormwater Discharges.--
            ``(1) General rule.--Permits for discharges composed 
        entirely of stormwater are required under this Act only for the 
        discharges described in paragraph (2). No permit shall be 
        required under this Act for any other discharge composed 
        entirely of stormwater. Such other discharges shall be subject 
        to section 319, relating to nonpoint source management 
        programs.
            ``(2) Descriptions of discharges for which permits are 
        required.--Permits are required under this Act for the 
        following stormwater discharges:
                    ``(A) A discharge with respect to which a permit 
                has been issued under this section before February 4, 
                1987.
                    ``(B) A discharge associated with any industrial 
                activity other than--
                            ``(i) a discharge that is composed entirely 
                        of stormwater that is from a construction 
                        activity which disturbs less than 5 acres of 
                        total land area and is not part of a larger 
                        common plan of development or sale;
                            ``(ii) a discharge that is composed 
                        entirely of stormwater that is from any coal 
                        mining activity or coal mined land subject to 
                        the requirements of title IV or title V of the 
                        Surface Mining Control and Reclamation Act of 
                        1977 (30 U.S.C. 1201 et seq.); or
                            ``(iii) a discharge composed entirely of 
                        stormwater from conveyances or systems of 
                        conveyances (including pipes, conduits, 
                        ditches, and channels) used for collecting and 
                        conveying precipitation runoff and which is not 
                        contaminated by contact with, or does not come 
                        into contact with, any material handling 
                        equipment or activity, industrial machinery, 
                        raw material, intermediate product, finished 
                        product, byproduct, or waste product located on 
                        the site of the industrial activity.
                    ``(C) A discharge from a municipal separate storm 
                sewer system serving a population of 250,000 or more.
                    ``(D) A discharge from a municipal separate storm 
                sewer system serving a population of 100,000 or more 
                but less than 250,000.
                    ``(E) A discharge for which the Administrator or 
                the State, as the case may be, determines that the 
                stormwater discharge contributes to a violation of a 
                water quality standard or is a significant contributor 
                of pollutants to waters of the United States.
            ``(3) Permit requirements.--
                    ``(A) Industrial discharges.--Permits for 
                discharges associated with industrial activity shall 
                meet all applicable provisions of this section and 
                section 301.
                    ``(B) Municipal discharges.--Permits for discharges 
                from municipal separate storm sewer systems--
                            ``(i) may be issued on a system- or 
                        jurisdiction-wide basis;
                            ``(ii) shall include a requirement to 
                        effectively prohibit non-stormwater discharges 
                        into the municipal separate storm sewer system;
                            ``(iii) shall require cost-effective 
                        controls to reduce the discharge of pollutants 
                        to the maximum extent practicable, including 
                        management practices, control techniques and 
                        system, design and engineering methods, and 
                        such other provisions as the Administrator or 
                        the State determines appropriate for the 
                        control of such pollutants;
                            ``(iv) shall require reasonable progress 
                        toward attainment of applicable water quality 
                        standards under this Act; and
                            ``(v) that are renewed after the date of 
                        the enactment of this clause, shall include 
                        such additional requirements for the 
                        implementation of cost-effective controls 
                        referred to in clause (iii) as the 
                        Administrator or the State, in the case of a 
                        State with authority to issue permits under 
                        this section, determines are necessary for 
                        reasonable progress toward the attainment or 
                        maintenance of applicable water quality 
                        standards under this Act.
                In determining under this subparagraph whether 
                reasonable progress has been made toward the attainment 
                of applicable water quality standards under this Act, 
                the Administrator or the State, as appropriate, shall 
                take into account the receipt of Federal financial 
                assistance for the implementation of cost-effective 
                controls referred to in clause (iii).
                    ``(C) Municipally owned industrial facilities.--The 
                Administrator or the State (in the case of a permit 
                program approved under section 402 of this Act) shall 
                issue a consolidated permit for discharges from a storm 
                sewer system owned by a municipality and the stormwater 
                discharges from industrial sources owned by the same 
                municipality.
                    ``(D) General and group permits.--The Administrator 
                or the State, in the case of a State with authority to 
                issue permits under this section, may, after notice and 
                opportunity for public hearing, issue general or group 
                permits for any discharges described in paragraph (2) 
(other than discharges from municipal separate storm sewer systems) if 
the Administrator or the State determines that the discharges are 
similar in nature and that application of similar management measures 
will effectively reduce pollution occurring from such discharges or if 
the Administrator finds that the issuance of general permits is 
otherwise appropriate.
                    ``(E) Compliance with water quality standards.--
                Neither the Administrator nor the State, in the case of 
                a State with authority to issue permits under this 
                section, may require, in a permit issued under this 
                section for discharges from a municipal separate storm 
                sewer system described in paragraph (2), compliance 
                with a numeric effluent limitation or an applicable 
                water quality standard directly before December 31, 
                2009, except to the extent necessary for implementation 
                of management measures under the regulations issued 
                under paragraph (5).
            ``(4) Permit application requirements.--
                    ``(A) Industrial and large municipal discharges.--
                Not later than 2 years after the date of the enactment 
                of this subsection, the Administrator shall establish 
                regulations setting forth the permit application 
                requirements for stormwater discharges described in 
                paragraphs (2)(B) and (2)(C). Applications for permits 
                for such discharges shall be filed no later than 
                November 18, 1992. Not later than November 18, 1993, 
                the Administrator or the State, as the case may be, 
                shall issue or deny each such permit. Any such permit 
                shall provide for compliance as expeditiously as 
                practicable, but in no event later than 3 years after 
                the date of issuance of such permit.
                    ``(B) Medium municipal discharges.--Not later than 
                4 years after the date of the enactment of this 
                subsection, the Administrator shall establish 
                regulations setting forth the permit application 
                requirements for stormwater discharges described in 
                paragraph (2)(D). Applications for permits for such 
                discharges shall be filed no later than May 17, 1993. 
                Not later than May 17, 1994, the Administrator or the 
                State, as the case may be, shall issue or deny each 
                such permit. Any such permit shall provide for 
                compliance as expeditiously as practicable, but in no 
                event later than 3 years after the date of issuance of 
                such permit.
            ``(5) Regulations.--Not later than May 1, 1996, the 
        Administrator, in consultation with State and local officials, 
        shall propose and, not later than October 1, 1997, issue final 
        regulations for the issuance of permits for municipal separate 
        storm sewer system discharges described in paragraphs (2)(C) 
        and (2)(D). Such regulations shall include, at a minimum, the 
        following:
                    ``(A) Methods to prohibit effectively nonstormwater 
                discharges into the municipal separate storm sewer 
                system of the permittee.
                    ``(B) Information on the development and 
                implementation of management measures to reduce, to the 
                maximum extent practicable, the discharge of pollutants 
                from such system. In this subsection, the term `cost-
                effective controls' means cost-effective and 
                economically achievable management measures for the 
                control of the addition of pollutants from a municipal 
                separate storm sewer system which reflect the greatest 
                degree of pollutant reduction achievable through the 
                application of the best available storm water control 
                practices, technologies, processes, operating methods, 
or other alternatives, and which may take into account the severity of 
the water quality impairment, the effectiveness of alternative 
approaches, and the costs of the measures. The Administrator shall 
establish regionally-applicable, objective performance standards for 
each management measure.
                    ``(C) Requirements for development and 
                implementation of a municipal stormwater quality 
                management program for implementation of the 
                requirements of subparagraphs (A) and (B). The program 
                shall be incorporated into the permit and shall be 
                subject to public hearing and review before 
                implementation.
                    ``(D) Requirements for monitoring of the waters 
                receiving discharges described in paragraphs (2)(C) and 
                (2)(D) for the purpose of determining under this 
                subsection if the requirements of the permit are 
                resulting in progress toward attaining applicable water 
                quality standards under this Act.
        The Administrator shall periodically review and revise the 
        regulations taking into account States' assessments of the 
        effectiveness of the management measures being implemented 
        under such regulations.
            ``(6) Grants.--
                    ``(A) In general.--The Administrator is authorized 
                to make grants to the operator of any municipal storm 
                sewer system for which a permit is required under this 
                subsection for projects for the assessment of cost-
                effective controls, as such term is defined by 
                paragraph 5(B).
                    ``(B) Selection of grant recipients.--The 
                Administrator shall select grant recipients under this 
                paragraph in consultation with States and local 
                governments.
                    ``(C) Funding.--The Administrator is authorized to 
                use $20,000,000 per fiscal year out of amounts 
                appropriated pursuant to section 319(j) for making 
                grants under this paragraph.
                    ``(D) Inadequate funding.--If, in any fiscal year, 
                the total amount of grants made by the Administrator 
                under this paragraph totals less than $20,000,000, the 
                period specified in paragraph 3(D) in which the 
                Administrator or the State, in the case of a State with 
                authority to issue permits under this section, is 
                prohibited from requiring, in a permit issued under 
                this section for discharges from a municipal separate 
                storm sewer system described in paragraph (2), direct 
                compliance with a numeric effluent limitation or an 
                applicable water quality standard shall be extended by 
                1 year.''.

SEC. 403. COMBINED SEWER OVERFLOWS.

    Section 402 (33 U.S.C. 1342) is amended by adding at the end the 
following:
    ``(r) 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.--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. 
        Notwithstanding the compliance deadline specified in the 
preceding sentence, the Administrator (or a State with a program 
approved under subsection (b)) may, on request of an owner or operator 
of a combined storm and sanitary sewer, extend the period of compliance 
beyond the date specified if the Administrator (or the State) 
determines that compliance by the date is not within the economic 
capability of the owner or operator or if the Administrator (or the 
State) determines that an extension is otherwise appropriate.
            ``(3) Savings clause.--Any consent decree or court order 
        issued before the date of the enactment of this subsection by a 
        United States district court establishing any deadlines, 
        schedules, or timetables for the construction of treatment 
        works for control of any discharge from a municipal combined 
        sewer system shall be modified to extend such deadlines, 
        schedules, or timetables to conform with the requirements of 
        this subsection.''.

SEC. 404. INTAKE CREDITS.

    Section 402 (33 U.S.C. 1342) is further amended by adding at the 
end the following:
    ``(s) Intake Credits.--
            ``(1) In general.--The permit program established by the 
        Administrator under this section, and any State permit program 
        approved under this section, including any program for 
        implementation under section 118(c)(2) or any program for 
        industrial users under section 307(b), shall provide that an 
        owner or operator of a point source subject to a permit under 
        this Act will not be required to remove or reduce the level of 
        pollutants in a discharge if such pollutants are present in or 
        caused by the intake waters for such point source.
            ``(2) Effluent limitations.--In establishing effluent 
        limitations applicable to a point source in a permit under a 
        program specified in paragraph (1), the permitting authority 
        shall provide for the following:
                    ``(A) If a point source uses intake water 
                containing a pollutant and the mass of such pollutant 
                in the discharge is not significantly greater than the 
                mass of such pollutant in the intake water, such point 
                source shall not have a water quality-based effluent 
                limitation for such pollutant.
                    ``(B) If a point source uses intake water 
                containing a pollutant and the mass of such pollutant 
                in the discharge is significantly greater than the mass 
                of such pollutant in the intake water, an effluent 
                limitation for that pollutant shall not require removal 
                of more of the pollutant than the difference between 
                the mass of the pollutant that would otherwise be in 
                the discharge and the mass of the pollutant in the 
                intake water. Any effluent limitations that are imposed 
                for such pollutant shall not require the owner or 
                operator of the point source to treat its effluent to 
                levels below the background level of the substance 
                found in the receiving water body.
                    ``(C) Any effluent limitations shall provide full 
                credit for the presence of the substance in the intake 
                water (or where caused by the intake water) whether 
                such effluent limitation is based on an effluent 
                guideline under section 304(b) or a water quality 
                standard for the receiving body under section 303.''.

SEC. 405. BENEFICIAL USE OF BIOSOLIDS.

    Section 405(g) (33 U.S.C. 1345(g)) is amended--
            (1) in the first sentence of paragraph (1)--
                    (A) by inserting ``(also referred to as 
                `biosolids')'' after ``sewage sludge''; and
                    (B) 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,''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. CONSULTATION WITH STATES.

    Section 501 (33 U.S.C. 1361) is amended by adding the following new 
subsection:
    ``(g) 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 Agency's decisionmaking, priority 
setting, policy and guidance development, and implementation under this 
Act and such activities shall be deemed consistent with the Federal 
Advisory Committee Act. The Administrator shall strive to enhance the 
capacity of State, tribal, and local governments to fulfill their 
respective roles under this Act.''.

SEC. 502. OIL TYPE DIFFERENTIATION.

    Section 511 (33 U.S.C. 1371) is amended by adding at the end the 
following:
    ``(e) Oil Type Differentiation.--In promulgating any rule or 
establishing any interpretation, guideline, standard, or criteria for 
oil and grease under this Act or the Oil Pollution Act of 1990 (Public 
Law 101-380), the President or head of any agency shall--
            ``(1) differentiate animal fats and vegetable oils from 
        other oils, including petroleum-based oils; and
            ``(2) consider differences in the physical, chemical, 
        biological, or other properties and environmental effects of 
        animal fats and vegetable oils from those other oils.''.

SEC. 503. 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. 504. 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. 505. ADEQUATELY FUNDED MANDATES.

    Title V (33 U.S.C. 1361-1377) is amended by adding at the end the 
following:

``SEC. 520. ADEQUATELY FUNDED MANDATES.

    ``(a) Requirements Prior to Issuance of Regulations.--
Notwithstanding any other provision of law, the Administrator shall 
conduct, prior to issuing any proposed or final regulation or other 
requirement pursuant to this Act, the following:
            ``(1) An analysis of the direct and indirect costs for 
        State and local governments to implement and comply with the 
        requirement in the 5-year period following implementation of 
        the requirement.
            ``(2) An estimate of the amounts that will be authorized to 
        be appropriated for providing Federal financial assistance for 
        implementation of and compliance with the requirement for such 
        5-year period.
            ``(3) An estimate of the amounts that will be appropriated 
        for providing such Federal financial assistance for such 5-year 
        period based on funding levels adopted as part of a concurrent 
        resolution setting forth the congressional budget of the United 
        States Government.
            ``(4) An assessment of the availability of other sources of 
        funding for State and local governments to implement and comply 
        with the requirement in such 5-year period.
            ``(5) An estimate of the amounts that will be authorized to 
        be appropriated for providing Federal financial assistance for 
        implementation and compliance with the requirement for the 
        fiscal year during which the requirement is to be implemented 
        and the 2 preceding fiscal years.
            ``(6) An estimate of the amounts that will be appropriated 
        for providing such Federal financial assistance for the fiscal 
        year during which the requirement is to be implemented and the 
        2 preceding fiscal years.
            ``(7) A certification that the amounts that will be 
        appropriated for providing such Federal financial assistance as 
        estimated pursuant to paragraph (6) exceed 90 percent of the 
        costs for State and local governments to implement and comply 
        with the requirement as determined pursuant to paragraph (1).
    ``(b) Reports.--If the Administrator does not make a certification 
with respect to a requirement under subsection (a)(7), 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 explaining the 
reasons for not making such certification and the likely impacts of not 
adequately funding State and local governmental efforts to comply with 
such requirement.
    ``(c) Effective Date.--This section shall apply to any proposed or 
final regulation or other requirement issued pursuant to this Act after 
the date of the enactment of this section.''.

        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

SEC. 601. WATER USE EFFICIENCY MEASURES.

    (a) General Authority for Capitalization Grants.--Section 601(a) 
(33 U.S.C. 1381(a)) is amended by inserting after ``publicly owned'' 
the following: ``and for implementation of water use efficiency 
measures whose principal purpose is improving or protecting water 
quality''.
    (b) Project Eligibility.--Section 603(c) (33 U.S.C. 1383(c)) is 
amended by inserting after ``section 212 of this Act)'' the following: 
``and for implementation of water use efficiency measures whose 
principal purpose is improving or protecting water quality''.

SEC. 602. GUIDANCE FOR SMALL SYSTEMS.

    Section 602 (33 U.S.C. 1382) is amended by adding at the end the 
following new subsection:
    ``(c) 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 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. TYPES OF ASSISTANCE.

    (a) Extended Repayment Period for Hardship 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 30 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''.
    (b) 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.''.
    (c) Interest Rates.--Section 603 is further amended by adding at 
the end the following new subsections:
    ``(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.
    ``(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.''.

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'' 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) $2,000,000,000 for fiscal year 1996;
            ``(8) $2,000,000,000 for fiscal year 1997;
            ``(9) $2,000,000,000 for fiscal year 1998;
            ``(10) $2,000,000,000 for fiscal year 1999; and
            ``(11) $2,000,000,000 for fiscal year 2000.''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 701. FUTURE FUNDING OPTIONS FOR INFRASTRUCTURE PROJECTS.

    (a) Study.--The Administrator shall conduct a study to identify and 
examine future funding options for financing infrastructure projects 
under the Federal Water Pollution Control Act.
    (b) 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).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000 for fiscal year 1996.

SEC. 702. 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'' 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 404.--Section 404(s)(3) (33 U.S.C. 1344(s)(3)) is 
amended by striking ``acton'' and inserting ``action''.
    (j) Section 505.--Section 505(f) (33 U.S.C. 1365(f)) is amended by 
striking the last comma.
    (k) Section 516.--Section 516 (33 U.S.C. 1375) is amended by 
redesignating subsection (g) as subsection (f).
    (l) Section 518.--Section 518(f) (33 U.S.C. 1377(f)) is amended by 
striking ``(d)'' and inserting ``(e)''.

            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, 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; and
            (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.
    (b) Purpose.--The purpose of this Act is to establish a new Federal 
wetlands regulatory program--
            (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 account for variations in wetlands values or 
        functions in determining the character and extent of regulation 
        of activities occurring in wetlands areas;
            (3) to provide sufficient regulatory incentives for 
        conservation, restoration, or enhancement activities;
            (4) to encourage conservation of resources on an ecosystem 
        basis to the fullest extent practicable; and
            (5) to protect public safety and balance public and private 
        interests in determining the conditions under which activity in 
        wetlands areas may occur.

SEC. 803. WETLANDS CONSERVATION AND MANAGEMENT.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is 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.--(1) No person shall undertake an 
activity in wetlands or waters of the United States as described in 
paragraph (2) of this subsection unless such activity is undertaken 
pursuant to a permit issued by the Secretary or is otherwise authorized 
under this section.
    ``(2) For purposes of this section, the term `activity in wetlands 
or waters of the United States' means--
            ``(A) the discharge of dredged or fill material into waters 
        of the United States, including wetlands at a specific disposal 
        site; or
            ``(B) the draining, channelization, or excavation of 
        wetlands.
    ``(3) For purposes of this section, the term--
            ``(A) `wetlands' means those lands that meet the criteria 
        for delineation of lands as wetlands set forth in paragraph (2) 
        of subsection (g);
            ``(B) `Secretary' means the Secretary of the Army; and
            ``(C) `Director' means the Director of the United States 
        Fish and Wildlife Service.
    ``(b) Authorized Activities.--(1) The Secretary is authorized to 
issue permits authorizing activities described in subsection (a)(2) of 
this section in accordance with the requirements of this section.
    ``(2) Activities described in paragraph (2) of subsection (a) may 
be undertaken without a permit from the Secretary if those activities 
are authorized under subsections (e) (5) or (6) or are exempt from the 
requirements of this section under subsection (f) or other provisions 
of this section.
    ``(c) Wetlands Classification.--(1) Any person seeking to undertake 
activities in wetlands for which a permit is required under subsection 
(b) 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)(A) 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 paragraphs (3) and 
(5).
    ``(B) 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 paragraphs (4) and (5) of this subsection.
    ``(3) 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 
        ecosystem 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;
                    ``(iii) there exists a scarcity within the 
                watershed or aquatic ecosystem of identified ecological 
                functions served by such wetlands such that the use of 
                such wetlands for activities described in subsection 
                (a) would seriously jeopardize the availability of 
                these identified wetlands functions;
                    ``(iv) there is no overriding public interest in 
                the use of such wetlands for purposes other than 
                conservation; and
                    ``(v) the nature and scope of wetlands functions 
                are such that minimization and compensation are not 
                feasible means for conserving wetlands values and 
                functions;
            ``(B) classify as type B wetlands those wetlands that 
        provide habitat for a significant population of avian, aquatic 
        or 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 values and functions;
                    ``(iii) are prior converted cropland;
                    ``(iv) are fastlands; or
                    ``(v) are wetlands within industrial complexes or 
                other intensely developed areas that do not serve 
                significant wetlands functions as a result of such 
                location.
    ``(4) 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. Such de novo determination shall be made by the Secretary 
in consultation with the Director. The Secretary may sustain an advance 
classification made by the Director or may modify such classification 
if the Secretary determines, upon examination of all relevant 
information submitted by the applicant or otherwise available to the 
Secretary (including, if appropriate, an on-the-ground-examination), 
that--
            ``(A) the lands involved do not meet the standards and 
        criteria for delineating wetlands set forth in paragraph (2) of 
        subsection (g);
            ``(B) the weight of relevant information does not support 
        the determination of the advance classification with respect to 
        the specific wetlands involved;
            ``(C) the factual basis for such advance classification is 
        no longer valid; except that such change in factual 
        circumstances has not been caused by activities undertaken 
        without authorization by the Secretary as may have been 
        required under this section; or
            ``(D) the limitations on uses of the specific wetlands 
        involved that would be imposed by the Secretary under the 
        requirements of this section would effectively preclude 
        reasonable economic use of the wetlands.
    ``(5) In the event that the Secretary delegates authority to 
determine the classification of wetlands under paragraphs (3) and (4), 
the Secretary shall, by rule, provide for a right of appeal to the 
Secretary or his designee of the classification of wetlands under 
paragraph (3) or the de novo determination of a classification under 
paragraph (4).
    ``(d) Compensation for Landowners.--(1) Any person (including a 
State or political subdivision thereof) who owns an interest in lands 
that have been classified as type A wetlands by the Secretary under 
subsection (c) or by the Director under subsection (h) may, within 2 
years of receipt of actual notice of such classification (or within 2 
years following a de novo determination of such classification), notify 
the Secretary and the Director that such person is electing to seek 
compensation for the fair market value of such interests in lands at 
the time of such classification, in accordance with the requirements of 
this section. Fair market value may include reasonable attorneys fees 
and shall be calculated without regard to any diminution in value 
resulting from the applicability of this section.
    ``(2) Immediately upon receipt by the Secretary and the Director of 
notification of election to seek compensation under paragraph (1), the 
Director shall enter into good faith negotiations with the owner for 
purposes of determining the value of the interests in lands that have 
been classified as type A wetlands. Within 3 months after receipt of 
the notice of election by the landowner under paragraph (1), the 
Director shall make an offer of reasonable compensation to the owner.
    ``(3) Within 6 years of the date an offer for compensation is made 
under paragraph (2), the owner shall, in his discretion--
            ``(A) accept such offer of compensation;
            ``(B) file a claim for determination of value of 
        compensation with the United States Court of Federal Claims; or
            ``(C) advise the Director and the Secretary that he elects 
        to retain title to such wetlands and elects not to receive 
        compensation for the taking of land under this subsection.
Failure to provide notice in accordance with this paragraph shall be 
deemed an election not to receive compensation under this subsection.
    ``(4) Upon acceptance of an offer for compensation or the filing of 
a claim for compensation under paragraph (3), the classification as 
type A wetlands of the wetlands that are the subject of such offer or 
claim shall be binding upon the owner and any successor in interest, 
and the title to such lands shall pass to the United States. The 
classification of such lands as type A wetlands under this paragraph 
shall constitute a taking by the United States of the owner's interests 
in such lands and shall be compensable under the provisions of this 
subsection.
    ``(5) A taking under this subsection shall be deemed to be a taking 
of 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 conservation of the surface interests in lands 
        that have been classified as type A 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 may classify such oil and gas or mineral interests as 
        type A wetlands and 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 wetlands shall be deemed a taking of such 
        oil and gas or mineral interests.
    ``(6) The United States Court of Federal Claims shall have 
jurisdiction--
            ``(A) to determine the value of interests taken and the 
        fair compensation required under this subsection and the 
        Constitution of the United States;
            ``(B) in 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 taking 
        under this subsection solely for the purpose of undertaking 
        activity necessary to determine the value of the interests 
        taken; and
            ``(C) to provide other equitable remedies deemed 
        appropriate.
    ``(7) Any judgment rendered under paragraph (6) may be executed, at 
the election of the landowner, no later than two years after the date 
such judgment is rendered. The landowner may, prior to the execution of 
such judgment, enter into an agreement with the United States for 
satisfaction of such judgment through a crediting of tax benefits, 
acquisition of interests in oil and gas or minerals, an exchange of 
interests in lands with the United States or other means of 
compensation.
    ``(8)(A) The remedies for taking of interests in lands under this 
subsection shall not be construed to preempt, alter, or limit the 
availability of other remedies for the taking of interests in lands 
under the Constitution of the United States or State law, including the 
taking of rights to the use of water allocated under State law or the 
taking of interest in lands by denial of a permit under this section.
    ``(B) Any award of compensation for the taking of interest in lands 
by denial of a permit under this section shall be based upon the fair 
market value of such interests in lands at the time of such taking. 
Fair market value may include reasonable attorneys fees and shall be 
calculated without regard to any diminution in value resulting from the 
applicability of this section.
    ``(9) Interests in lands acquired by the United States under this 
subsection shall be managed by the United States Fish and Wildlife 
Service as a part of the National Wildlife Refuge System unless 
otherwise provided by the Director or by Act of Congress.
    ``(10) No action taken under this subsection shall be construed to 
alter or supersede requirements governing use of water applicable under 
State law.
    ``(e) Requirements Applicable to Permitted Activity.--(1) Following 
the determination of wetlands classification pursuant to subsection 
(c), 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, in accordance with the 
requirements of this subsection.
    ``(2) The Secretary shall deny a permit authorizing activities in 
type A wetlands unless the Secretary determines that--
            ``(A) such an activity can be undertaken with minimal 
        alteration or surface disturbance;
            ``(B) there are overriding public interest concerns that 
        require use of the lands for purposes other than conservation, 
        including--
                    ``(i) the likelihood that efforts to mitigate 
                adverse impacts through avoidance and minimization will 
                protect, enhance, or increase critical wetlands values 
                and functions;
                    ``(ii) the lack of practical and feasible means for 
                accomplishing the project purpose at an alternative 
                location; or
                    ``(iii) the proposed use of the land will enhance 
                aviation safety or is necessary to prevent an airport 
                hazard; or
            ``(C) the proposed use of the land, taking into account all 
        proposed mitigation, will result in overall environmental 
        benefits, including the prevention of wetlands loss.
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.
    ``(3)(A) The Secretary may issue a permit authorizing activities in 
type B wetlands subject to such terms and conditions as the Secretary 
finds are necessary to ensure that the watershed or aquatic ecosystem 
of which such wetlands are a part does not suffer significant loss or 
degradation of wetlands values and functions. In determining whether or 
not specific terms and conditions are necessary to avoid a significant 
loss of wetlands values and functions, the Secretary shall consider the 
following:
            ``(i) The quality and quantity of ecologically significant 
        functions served by the areas to be affected.
            ``(ii) The opportunities to reduce impacts through cost 
        effective design to avoid or 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.
            ``(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.
    ``(B) In considering an application for activities on type B 
wetlands, the Secretary may require alternative site analyses for 
individual permit applications involving the alteration or permanent 
surface disturbance of 10 or more contiguous acres of 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 to 
avoid wetlands areas.
    ``(C) 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 and values 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 ecological 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.
    ``(D) In accordance with subsection (j), the Secretary shall issue 
rules governing requirements for mitigation for activities occurring in 
type B wetlands that allow for--
            ``(i) minimization of impacts through project design, 
        including avoidance of specific wetlands impacts where 
        economically practicable and 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 for the taking of 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) compensation through contribution to a mitigation 
        banking program established for a State pursuant to 
        subparagraph (F);
            ``(v) offsite compensatory mitigation if such mitigation 
        contributes to the restoration, enhancement or creation of 
        significant wetlands values on a watershed or ecosystem-wide 
        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;
            ``(vi) contribution of in-kind value acceptable to the 
        Secretary and otherwise authorized by law;
            ``(vii) in areas subject to wetlands loss, the construction 
        of coastal protection and enhancement projects;
            ``(viii) contribution of resources of more than one 
        permittee toward a single mitigation project; and
            ``(ix) other mitigation measures determined by the 
        Secretary to be appropriate in the public interest and 
        consistent with the requirements and purposes of this Act.
    ``(E) 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 
        and values and no practicable and reasonable means of 
        mitigation are available;
            ``(iii) 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;
            ``(iv) the temporary character of the impacts and the use 
        of minimization techniques make compensatory mitigation 
        unnecessary to protect significant wetlands values; or
            ``(v) a waiver from requirements for compensatory 
        mitigation is necessary to prevent special hardship.
    ``(F) The Secretary, in consultation with the Director, shall 
establish a mitigation banking program in each State. Such mitigation 
banking program shall be developed in consultation with the Director 
and the Governor of the State in which the wetlands covered by such 
mitigation banking program is located and, after approval by the 
Secretary, will be available to the Secretary as a means for ensuring 
compensation for loss and degradation of wetlands functions and values 
in such State in accordance with the requirements of this paragraph. 
The primary objective of such programs shall be to provide for the 
restoration, enhancement, or, where feasible, creation of ecologically 
significant wetlands on an ecosystem basis. Such programs shall--
            ``(i) provide a preference for larger scale mitigation 
        projects, unless the Secretary (or the Governor of a State that 
        is administering its own permit program under subsection (m)) 
        determines that a smaller project will contribute substantially 
        to the conservation, enhancement or restoration of ecologically 
        significant wetlands values and functions or that the 
        restoration of indigenous wetlands resources cannot be 
        accomplished through large-scale projects;
            ``(ii) authorize mitigation banks sponsored either by 
        private entities or public entities;
            ``(iii) provide for crediting of contributions to the 
        mitigation bank in land, cash, or in-kind contributions so that 
        persons unable to sponsor specific mitigation projects can 
        contribute to a State or privately maintained mitigation bank;
            ``(iv) have sufficient requirements to ensure completion, 
        maintenance and supervision for at least a 25-year period, 
        including requirements for bonds or other evidence of financial 
        responsibility;
            ``(v) authorize the imposition of bonding requirements on 
        private entities operating such banks;
            ``(vi) limit activities in or on wetlands that are part of 
        a mitigation bank to uses that are consistent with maintaining 
        or gaining significant wetlands values and functions; and
            ``(vii) authorize a credit to be provided on an acre-for-
        acre or value-for-value basis for type A and B wetlands that 
        are permanently protected in national conservation units in 
        States that have converted less than 10 percent of their 
        State's historic wetlands base.
    ``(4)(A) In the case of any application for authorization to 
undertake activities in wetlands that are not eligible for treatment on 
an expedited basis pursuant to paragraph (5) of this subsection, 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 shorter or 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; 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 (B) shall apply.
    ``(B) Upon the receipt of a request for additional information 
under subparagraph (A)(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.
    ``(C) 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.
    ``(5)(A) Activities in wetlands that have been classified as type C 
wetlands by the Secretary or the Director may be undertaken without 
authorization required under subsection (b) of this section.
    ``(B) The Secretary may establish requirements for reporting 
activities undertaken in type C wetlands.
    ``(C) No Federal requirements for alternative site analyses or 
mitigation of environmental impacts shall apply for activities 
undertaken in type C wetlands.
    ``(6) The Secretary may, by rule in accordance with subsection (j), 
issue general permits on a State, regional, or nationwide basis for any 
category of activities involving activities described in section (a) of 
this section in wetlands 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. Permits issued under this subsection shall include 
procedures for expedited review of eligibility for such permits (if 
such review is required) and may include requirements for reporting and 
mitigation. Requirements for compensatory mitigation for such permits 
may be imposed where necessary to avoid or minimize the significant 
loss or degradation of significant wetlands values and functions where 
such loss or degradation is not a temporary or incidental impact. 
Nationwide, general or regional permits in effect on 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.
    ``(f) Activities Not Requiring Permit.--(1) Except as provided in 
paragraph (3) of this subsection, activities undertaken in wetlands 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, such as 
        plowing, seeding, cultivating, haying, grazing, 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, water 
        control structures, 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 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 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, temporary roads for moving mining 
        equipment, or access roads for utility distribution and 
        transmission lines, if such roads 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 
        paragraph (2) of subsection (g);
            ``(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 part of expanding an ongoing farming operation 
        involving the water dependent, obligate crop Vaccinium 
        macrocarpin, so long as such expansion does not occur in type A 
        wetlands, does not result in the conversion of more than 10 
        acres of wetlands per operator per year, and the converted 
        wetlands (other than where dikes and other necessary facilities 
        are placed) remain as wetlands or other waters of the United 
        States;
            ``(M) are for the purpose of preserving and enhancing 
        aviation safety or are undertaken in order to prevent an 
        airport hazard; or
            ``(N) 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.
Conditions of reclamation shall include that for any site, such 
reclamation shall be completed within 5 years of the commencement of 
activities at such site and that upon completion of such reclamation, 
such wetlands shall support wetlands functions and values equivalent to 
the functions and values supported by such wetlands at the time of 
commencement of such activities.
    ``(2) 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 objectives and policies 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) 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 other agencies of the United 
States, including the United States Fish and Wildlife Service, the 
Environmental Protection Agency, and the United States Natural 
Resources Conservation Service, 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 Director, 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 paragraph (2) of this subsection.
    ``(2)(A) 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 at least 21 consecutive days during the growing 
        season in which such delineation is made and 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.
    ``(B) In addition to the requirements of subparagraph (A), 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.
    ``(3) No more than 20 percent of any county, parish, or borough 
shall be classified as type A wetlands; except that, type A wetlands in 
Federal or State ownership (including type A wetlands in units of the 
National Wildlife Refuge System, the National Park System, and lands 
held in conservation easements) shall be included in calculating the 
percent of type A wetlands in a county, parish, or borough.
    ``(4)(A) For purposes of this section, wetlands located on 
agricultural lands and associated nonagricultural lands shall be 
delineated by the Secretary of Agriculture in accordance with section 
1222(j) of the Food Security Act of 1985 (16 U.S.C. 3822(j)).
    ``(B) 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 as agricultural lands.
    ``(C) For purposes of this section, the term `agricultural lands' 
means cropland, pastureland, native pasture, rangeland, orchards, 
vineyards, nonindustrial forest land, and any other land used to 
produce or support the production of an annual or perennial crop of a 
commodity, aquaculture product, nursery product, or livestock.
    ``(h) United States Fish and Wildlife Service Wetlands 
Identification and Classification Project.--(1) The Director, in 
concurrence with the Chief of the Natural Resources Conservation 
Service, shall undertake a project to identify and classify wetlands in 
the United States. The Director 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.
    ``(2) In conducting the project under this section, the Director 
shall identify and classify wetlands in accordance with standards for 
delineation of wetlands established by the Secretary under subsection 
(g) of this section.
    ``(3) In conducting the project under this section, the Director 
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.
    ``(4) Promptly after completion of identification and 
classification of wetlands in a county, parish, or borough under this 
section, the Director shall publish 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.
    ``(5) The Director 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.
    ``(6) Any classification of lands as wetlands under this section 
shall, to the fullest extent practicable, be recorded on the property 
records in the county, parish, or borough in which such wetlands are 
located.
    ``(i) Administrative Appeals.--(1) 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 
        property;
            ``(B) a landowner may appeal a wetlands classification 
        under this section with respect to a parcel of property;
            ``(C) any person may appeal a determination that the 
        proposed activity is not exempt under subsection (f);
            ``(D) a landowner may appeal a determination that an 
        activity is not regulated 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) 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) 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) 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 intervene in such appeal.
    ``(5) 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) 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) 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 rules and 
regulations for the issuance of permits. Such rules and 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, nationwide, or regional 
        permits;
            ``(D) standards and procedures for the individual permit 
        applications under this section;
            ``(E) for enforcement of this section;
            ``(F) any other rules and regulations that the Secretary 
        deems necessary or appropriate to implement the requirements of 
        this section;
            ``(G) standards and procedures for administrative appeals 
        of actions by the Secretary denying applications for permits 
        under subsection (b) or issuing such permits subject to 
        conditions; and
            ``(H) requirements governing the establishment of 
        mitigation banks.
    ``(2) 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 ninety 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.
    ``(3) The Secretary shall, within 90 days after the date of the 
enactment of the Comprehensive Wetlands Conservation and Management Act 
of 1995, issue interim rules and 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.
    ``(4) 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) Violations.--
            ``(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 or the 
        Secretary shall bring a civil action in accordance with 
        paragraph (3).
            ``(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; except 
        that if the person receiving notice of the asserted violation 
        disputes the Secretary's determination and so notifies the 
        Secretary in writing within 90 days of receipt of the 
        Secretary's notice, the Secretary shall within 60 days after 
        receiving notice of a dispute of an asserted violation, or 
        within 150 days from the date of notification of violation by 
        the Secretary if no notice of a dispute is received (or after 
        serving notice, unless otherwise agreed to by the parties) 
        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 the day of the 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 violates 
        any condition or limitation in a permit issued by the Secretary 
        under this section or knowingly 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 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.
    ``(m) State Regulation of Wetlands.--(1) The Governor of any State 
desiring to administer its own individual and general permit program 
for activities covered by this section 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) 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) 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) 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 such program, the program shall be deemed 
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) After 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) 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) Whenever the Secretary determines after public hearing that a 
State is not administering a program approved under paragraph (3)(A) in 
accordance with this section, 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.
    ``(n) Availability for Public Information.--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.
    ``(o) Treatment of Compliance.--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.
    ``(p) Transition Rules.--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 described in 
subsection (a) may be issued except in accordance with this section. 
Any permit for an activity described in subsection (a) issued under 
this section prior to such effective date 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, or suspended 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.
    ``(q) Limitation on Fees.--Any fee charged in connection with the 
delineation or classification of wetlands, an application for a permit 
authorizing an activity described in subsection (a), 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 January 1, 1990.
    ``(r) Balanced Implementation.--(1) In implementing their 
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.
    ``(2) 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.''.

SEC. 804. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end thereof the following new 
paragraphs:
    ``(21) 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.
    ``(22) 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 compensation.
    ``(23) The term `enhancement of wetlands' means any activity that 
increases the value of one or more functions in existing wetlands.
    ``(24) The term `fastlands' means lands located behind permitted 
man-made structures, 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.
    ``(25) The term `wetlands functions' means the roles wetlands serve 
which are of value including flood water storage, flood water 
conveyance, ground water discharge, 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.
    ``(26) 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.
    ``(27) 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.
    ``(28) 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.
    ``(29) The term `mitigation banking' means wetlands restoration, 
enhancement, preservation or creation for the purpose of providing 
compensation for wetland degradation or loss.
    ``(30) The term `normal farming, silviculture, aquaculture and 
ranching activities' means normal ongoing 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.
    ``(31) The term `prior converted cropland' means land that was both 
manipulated (drained or otherwise physically altered to remove excess 
water from the land) and cropped before December 23, 1985, to the 
extent that such land no longer exhibits significant wetlands values.
    ``(32) 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.
    ``(33) 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.
    ``(34) 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.

    Section 309 of the Federal Water Pollution Control Act (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 title 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 the discharge of dredged 
        or fill material into the navigable waters 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 the 
        discharge of dredged or fill material into the navigable waters 
        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 of this title 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 the discharge of dredged 
        or fill material into the navigable waters 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).''; and
            (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.

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.
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