[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 806 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 806

    To amend the Federal Water Pollution Control Act to establish a 
 National Clean Water Trust Fund and to authorize the Administrator of 
  the Environmental Protection Agency to use amounts in that Fund to 
 carry out projects to restore and recover waters of the United States 
   from damages resulting from violations of that Act, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 1997

 Mr. Visclosky (for himself, Ms. Kaptur, Mr. Lipinski, and Mrs. Lowey) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to establish a 
 National Clean Water Trust Fund and to authorize the Administrator of 
  the Environmental Protection Agency to use amounts in that Fund to 
 carry out projects to restore and recover waters of the United States 
   from damages resulting from violations of that Act, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Clean Water Trust Fund Act 
of 1997''.

SEC. 2. NATIONAL CLEAN WATER TRUST FUND.

    Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 
1319) is amended by adding at the end the following:
    ``(h) National Clean Water Trust Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        a National Clean Water Trust Fund (hereinafter in this 
        subsection referred to as the `Fund') consisting of amounts 
        transferred to the Fund under paragraph (2) and amounts 
        credited to the Fund under paragraph (3).
            ``(2) Transfer of amounts.--For fiscal year 1997, and each 
        fiscal year thereafter, the Secretary of the Treasury shall 
        transfer to the Fund an amount determined by the Secretary to 
        be equal to the total amount deposited in the general fund of 
        the Treasury in the preceding fiscal year from fines, 
        penalties, and other moneys obtained through enforcement 
        actions conducted pursuant to this section and section 
        505(a)(1), including moneys obtained under consent decrees and 
        excluding any amounts ordered to be used to carry out 
        mitigation projects under this section or section 505(a), as 
        the case may be.
            ``(3) Investment of amounts.--The Secretary of the Treasury 
        shall invest in interest-bearing obligations of the United 
        States such portion of the Fund as is not, in the Secretary's 
        judgment, required to meet current withdrawals. Such 
        obligations shall be acquired and sold and interest on, and the 
        proceeds from the sale or redemption of, such obligations shall 
        be credited to the Fund in accordance with the requirements of 
        section 9602 of the Internal Revenue Code of 1986.
            ``(4) Use of amounts for remedial projects.--Amounts in the 
        Fund shall be available, as provided in appropriations Acts, to 
        the Administrator to carry out projects to restore and recover 
        waters of the United States from damages resulting from 
        violations of this Act which are subject to enforcement actions 
        under this section and similar damages resulting from the 
        discharge of pollutants into the waters of the United States.
            ``(5) Selection of projects.--
                    ``(A) Priority.--In selecting projects to carry out 
                under this subsection, the Administrator shall give 
                priority to a project to restore and recover waters of 
                the United States from damages described in paragraph 
                (4), if an enforcement action conducted pursuant to 
                this section or section 505(a)(1) against such 
                violation, or another violation in the same 
                administrative region of the Environmental Protection 
                Agency as such violation, resulted in amounts being 
                deposited in the general fund of the Treasury.
                    ``(B) Consultation with states.--In selecting 
                projects to carry out under this section, the 
                Administrator shall consult with States in which the 
                Administrator is considering carrying out a project.
                    ``(C) Allocation of amounts.--In determining an 
                amount to allocate to carry out a project to restore 
                and recover waters of the United States from damages 
                described in paragraph (4), the Administrator shall, in 
                the case of a priority project under subparagraph (A), 
                take into account the total amount deposited in the 
                general fund of the Treasury as a result of enforcement 
                actions conducted with respect to such violation 
                pursuant to this section or section 505(a)(1).
            ``(6) Implementation.--The Administrator may carry out a 
        project under this subsection either directly or by making 
        grants to, or entering into contracts with, the Secretary of 
        the Army or any other public or private entity.
            ``(7) Report to congress.--Not later than 1 year after the 
        date of the enactment of this subsection, and every 2 years 
        thereafter, the Administrator shall transmit to Congress a 
        report on implementation of this subsection.''.

SEC. 3. USE OF CIVIL PENALTIES FOR MITIGATION PROJECTS.

    (a) In General.--Section 309(d) of the Federal Water Pollution 
Control Act (33 U.S.C. 1319(d)) is amended by inserting after the 
second sentence the following: ``The court may, in the court's 
discretion, order that a civil penalty be used for carrying out 
mitigation projects which are consistent with the purposes of this Act 
and which enhance the public health or environment.''.
    (b) Conforming Amendment.--Section 505(a) of such Act (33 U.S.C. 
1365(a)) is amended by inserting before the period at the end of the 
last sentence the following: ``, including ordering the use of a civil 
penalty for carrying out mitigation projects in accordance with section 
309(d)''.
                                 <all>