[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2620 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2620

    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 the Fund to carry 
  out projects to promote the recovery of waters of the United States 
   from damage resulting from violations of that Act, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             October 10 (legislative day, October 2), 1998

   Mr. Robb introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to establish a 
 National Clean Water Trust Fund and to authorize the Administrator of 
the Environmental Protection Agency to use amounts in the Fund to carry 
  out projects to promote the recovery of waters of the United States 
   from damage 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 1998''.

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 (referred to in this 
        subsection 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 1998, 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 funds obtained through enforcement actions 
        conducted pursuant to this section and section 505(a)(1), 
        including any amounts obtained under consent decrees and 
        excluding any amounts ordered to be used to carry out 
        mitigation projects under this section or section 505(a).
            ``(3) Investment of amounts.--
                    ``(A) In general.--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.
                    ``(B) Administration.--The obligations shall be 
                acquired and sold and interest on, and the proceeds 
                from the sale or redemption of, the obligations shall 
                be credited to the Fund in accordance with 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 damage resulting from 
        violations of this Act that are subject to enforcement actions 
        under this section and similar damage 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 promote the recovery of waters 
                of the United States from damage described in paragraph 
                (4), if an enforcement action conducted pursuant to 
                this section or section 505(a)(1) with respect to the 
                violation, or another violation of this Act in the same 
                administrative region of the Environmental Protection 
                Agency as the 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 damage 
                described in paragraph (4), the Administrator shall, in 
                the case of a priority project described in 
                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 
                the violation pursuant to this section or section 
                505(a)(1).
            ``(6) Implementation.--The Administrator may carry out a 
        project under this subsection directly or by making grants to, 
        or entering into contracts with, another Federal agency, a 
        State agency, a political subdivision of a State, 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 submit 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 order that a civil 
penalty be used for carrying out mitigation, restoration, or other 
projects that are consistent with the purposes of this Act and that 
enhance public health or the environment.''.
    (b) Conforming Amendment.--Section 505(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1365(a)) is amended in the last 
sentence by inserting before the period at the end the following: ``, 
including ordering the use of a civil penalty for carrying out 
mitigation, restoration, or other projects in accordance with section 
309(d)''.
                                 <all>