[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1194 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1194

 To amend the Federal Water Pollution Control Act relating to Federal 
                     facilities pollution control.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 20, 1997

 Mr. Dan Schaefer of Colorado (for himself and Mr. Norwood) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Water Pollution Control Act relating to Federal 
                     facilities pollution control.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Facilities Clean Water 
Compliance Act of 1997''.

SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.

    Section 313 of the Federal Water Pollution Control Act (33 U.S.C. 
1323) is amended--
            (1) by redesignating subsection (b) as subsection (d); and
            (2) by striking the section heading and all that follows 
        through subsection (a) and inserting the following:

``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

    ``(a) In General.--Each department, agency, and instrumentality of 
the executive, legislative, and judicial branches of the Federal 
Government (1) having jurisdiction over any property or facility, or 
(2) engaged in any activity resulting, or which may result, in the 
discharge or runoff of pollutants shall be subject to, and comply with, 
all Federal, State, interstate, and local requirements, both 
substantive and procedural (including any requirement for permits or 
reporting or any provisions for injunctive relief and such sanctions as 
may be imposed by a court to enforce such relief), respecting the 
control and abatement of water pollution and management in the same 
manner, and to the same extent, as any person is subject to such 
requirements, including the payment of reasonable service charges. The 
Federal, State, interstate, and local substantive and procedural 
requirements, administrative authority, and process and sanctions 
referred to in this subsection include, but are not limited to, 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. The United States hereby expressly waives any 
immunity otherwise applicable to the United States with respect to any 
such substantive or procedural requirement (including, but not limited 
to, any injunctive relief, administrative order, or civil or 
administrative penalty or fine referred to in the preceding sentence, 
or reasonable service charge). The reasonable service charges referred 
to in this subsection include, but are not limited to, 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. Neither the United States, nor any agent, employee, 
or officer thereof, shall be immune or exempt from any process or 
sanction of any State or Federal court with respect to the enforcement 
of any such injunctive relief. 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. An agent, employee, or officer of 
the United States shall be subject to any criminal sanction (including, 
but not limited to, 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) Administrative Enforcement Actions.--
            ``(1) In general.--The Administrator, the Secretary of the 
        Army, and the Secretary of the Department in which the Coast 
        Guard is operating 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. The Administrator or Secretary, as applicable, shall 
        initiate an administrative enforcement action against such a 
        department, agency, or instrumentality in the same manner and 
        under the same circumstances as an action would be initiated 
        against another person. Any voluntary resolution or settlement 
        of such an action shall be set forth in a consent order.
            ``(2) Opportunity to confer.--No administrative order 
        issued to such a department, agency, or instrumentality shall 
        become final until such department, agency, or instrumentality 
        has had the opportunity to confer with the Administrator or 
        Secretary, as applicable.
    ``(c) Limitation on State Use of Funds Collected From Federal 
Government.--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 from penalties and fines imposed for violation of 
any 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.''.

SEC. 3. DEFINITION OF PERSON.

    (a) General Definitions.--Section 502(5) of the Federal Water 
Pollution Control Act (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''.
    (b) Oil and Hazardous Substance Liability Program.--Section 
311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by inserting 
before the semicolon at the end the following: ``and any department, 
agency, or instrumentality of the United States''.
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