[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2417 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2417

 To amend the Federal Water Pollution Control Act to increase funding 
  for State nonpoint source pollution control programs, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2000

 Mr. Crapo (for himself and Mr. Smith of New Hamphsire) 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 increase funding 
  for State nonpoint source pollution control programs, 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 ``Water Pollution Program Enhancements 
Act of 2000''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) pollutant loadings from both public and private point 
        sources have decreased dramatically since the enactment of the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) in 
        1972 and have greatly contributed to achieving national water 
        quality goals;
            (2) under that Act, the Federal Government has provided 
        over $80,000,000,000 in grants and loans to assist in the 
        control of the discharge of pollutants from publicly owned 
        treatment works and less than $2,000,000,000 to assist in the 
        control of nonpoint sources of pollution;
            (3) increased Federal funding for programs to control 
        nonpoint source pollution through a variety of flexible 
        management practices is necessary to meet water quality 
        standards and the goals of that Act;
            (4) comprehensive watershed management strategies 
        (including estuary management programs, source water protection 
        programs, and other voluntary or statutory programs) are 
        important tools to coordinate point source and nonpoint source 
        water quality programs;
            (5) State and local governments, businesses, and landowners 
        are expected to spend billions of dollars over the next 20 
        years to implement the watershed management strategies and 
        other programs to address nonpoint source pollution;
            (6) in order to complete the total maximum daily load 
        calculations required for currently listed waters, States will 
        be required to develop 1 total maximum daily load allocation 
        per week per region for the next 15 years at an estimated cost 
        to the States of $670,000,000 to $1,200,000,000;
            (7) States have overwhelmingly cited a lack of resources as 
        a limitation to carrying out their responsibilities under that 
        Act, including the identification of impaired waters and the 
        development of total maximum daily loads;
            (8) any Federal regulatory or nonregulatory water quality 
        management program must be based on sound science, must be 
        effectively and efficiently implemented, and must have the 
        strong support of affected stakeholders, including State and 
        local governments, landowners, businesses, environmental 
        organizations, and the general public;
            (9) the General Accounting Office recently concluded that 
        only 6 States have the majority of the data needed to assess 
        the condition of their waters;
            (10) waters of the United States are currently being listed 
        as impaired, and total maximum daily loads are being developed 
        under section 303(d) of that Act (33 U.S.C. 1313(d)), often on 
        the basis of anecdotal evidence, where there are no reliable 
        monitoring or other analytical data to support a listing or a 
        total maximum daily load allocation;
            (11) data described in paragraph (10) are frequently not 
        subject to quality assurance or quality control measures;
            (12) the use of scarce public and private resources should 
        be focused on waters that are identified as being impaired by 
        pollutants on the basis of reliable monitoring data;
            (13) a strong partnership between the Federal Government, 
        the States, and the private sector, with adequate Federal 
        funding and assistance, must continue if remaining national 
        water quality issues are to be resolved;
            (14) many States have developed and are implementing 
        effective regulatory and nonregulatory cooperative programs 
        that are functionally equivalent to Federal water quality 
        programs, including, for example, the Chesapeake Bay watershed 
        protection program; and
            (15) any Federal water quality management program or 
        initiative must recognize and accommodate State water rights 
        allocations and management programs.

SEC. 3. FUNDING FOR WATER POLLUTION CONTROL MEASURES.

    (a) State Grants.--Section 106 of the Federal Water Pollution 
Control Act (33 U.S.C. 1256) is amending by striking subsection (a) and 
inserting the following:
    ``(a) Funding.--
            ``(1) In general.--There are authorized to be appropriated 
        for grants to States and interstate agencies to carry out this 
        section, including the administration of programs for the 
        prevention, reduction, and elimination of pollutants (including 
        enforcement directly or through appropriate State law 
        enforcement officers and agencies), $250,000,000 for fiscal 
        years 2001 through 2007, to remain available until expended.
            ``(2) Monitoring data.--From the sums appropriated in any 
        fiscal year, $50,000,000 shall be made available to States 
        for--
                    ``(A) the collection of reliable monitoring data;
                    ``(B) the improvement of lists prepared under 
                section 303(d)(1);
                    ``(C) the preparation of total maximum daily load 
                allocations under section 303(d); and
                    ``(D) the development of watershed management 
                strategies.''.
    (b) Nonpoint Source Management Programs.--Section 319 of the 
Federal Water Pollution Control Act (33 U.S.C. 1329) is amended by 
striking subsection (j) and inserting the following:
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out subsections (h) and (i) $500,000,000 for fiscal 
        years 2001 through 2007, to remain available until expended.
            ``(2) Groundwater quality.--Of the funds authorized to be 
        appropriated under paragraph (1), for each fiscal year, not 
        more than $7,500,000 may be made available to carry out 
        subsection (i).
            ``(3) Project grants.--From the sums appropriated under 
        paragraph (1) for any fiscal year, $200,000,000 shall be made 
        available for States to provide grants to landowners to develop 
        and implement nonpoint source pollution control projects or 
        activities to restore or improve the water quality of impaired 
        waters that have been identified by a State as a priority for 
        restoration.
                    ``(A) Federal share.--A grant awarded under this 
                paragraph shall not exceed 90 percent of the cost of 
                the project or activity.
                    ``(B) Non-federal share.--The recipient of a grant 
                under this paragraph may use funds from other Federal 
                programs and other eligible in-kind contributions to 
                satisfy the matching requirement.
                    ``(C) Limitation.--Grants shall not be made 
                available for projects or activities that are otherwise 
                required by Federal or State law.''.

SEC. 4. REPORT TO CONGRESS.

    (a) National Academy of Sciences Study.--
            (1) In general.--The Administrator of the Environmental 
        Protection Agency (referred to in this Act as the 
        ``Administrator'') shall contract with the National Academy of 
        Sciences to conduct a study (referred to in this Act as the 
        ``Study'') on--
                    (A) the scientific basis underlying the development 
                and implementation of total maximum daily loads;
                    (B) the costs of implementing measures to comply 
                with total maximum daily loads; and
                    (C) the availability of alternative programs or 
                mechanisms to reduce the discharge of pollutants from 
                point sources and nonpoint source pollution to achieve 
                water quality standards.
            (2) Scope.--The National Academy of Sciences shall include 
        in the Study an evaluation of, and where possible, provide 
        recommendations for improvements in, the following:
                    (A) The scientific methodologies (including water 
                quality monitoring and State monitoring plans) 
                currently being used by States to identify impaired 
                waters and develop and implement total maximum daily 
                loads, and the costs associated with monitoring and 
                other methodologies.
                    (B) Any procedures or programs being implemented by 
                the States and Federal agencies to coordinate and 
                improve monitoring methodologies and the quality of 
                monitoring data.
                    (C) The availability of alternative programs and 
                other regulatory or nonregulatory mechanisms (including 
                other Federal, State, and local programs that operate 
                as a functional equivalent to the total maximum daily 
                load program) that may achieve comparable environmental 
                benefits in an impaired water, watershed, or basin.
                    (D) The results achieved by existing regulatory and 
                voluntary programs, activities, and practices currently 
                being implemented to reduce nonpoint source pollution 
                and the costs of these programs, activities, and 
                practices to State and local governments and the 
                private sector;
                    (E) The circumstances in which water quality 
                standards may not be attainable, and the availability 
                of mechanisms to address those circumstances.
                    (F) The feasibility of implementing a pollutant 
                trading program between point sources and nonpoint 
                sources.
                    (G) An assessment of the total costs associated 
                with programs to reduce the discharge of pollutants 
                from point sources and nonpoint source pollution 
                (including the costs to Federal land management 
                agencies, State and local governments, and the private 
                sector) to meet water quality standards on waters 
                currently listed under section 303(d) of the Federal 
                Water Pollution Control Act (33 U.S.C. 1313(d)).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out  the Study $5,000,000, to 
remain available until expended.
    (b) Submission of NAS Study to Congress.--Not later than 18 months 
after the date of enactment of this Act, the Administrator shall submit 
to the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a copy of the Study.

SEC. 5. WATERSHED MANAGEMENT PILOT PROGRAM.

    (a) In General.--In cooperation with the States, the Administrator 
shall jointly establish a watershed management pilot program (referred 
to in this Act as the ``Pilot Program'') to evaluate the relative water 
quality improvements resulting from up to 5 State watershed management 
programs or strategies, to be selected by the Administrator and the 
States, that incorporate non-Federal water quality control programs, 
innovative technologies and incentives to reduce the discharge of 
pollutants, or total maximum daily load allocations under section 
303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
    (b) Selection of State Programs.--To be eligible for consideration 
in the Pilot Program, a State watershed management strategy must be 
expected to achieve environmental results comparable to those of the 
Federal total maximum daily load program.
    (c) Reports.--
            (1) Annual report.--The Administrator, in cooperation with 
        the States, shall jointly develop and submit annually to 
        Congress a report on the program and, for each State included 
        in the Pilot Program, specific information on the progress 
        being achieved to improve water quality.
            (2) Final report.--Not later than 6 months after the 
        termination of the Pilot Program, the Administrator, in 
        cooperation with the States, shall jointly develop and submit 
        to Congress a report evaluating the State programs, including 
        for each State an assessment of--
                    (A) the overall improvements achieved in water 
                quality;
                    (B) the extent to which the water quality 
                improvements are consistent with those that would 
                likely have been achieved through the Federal total 
                maximum daily load program;
                    (C) the administrative and other burdens imposed on 
                State and local governments and the private sector 
                under the State program; and
                    (D) the costs associated with implementing the 
                State program.
    (d) Termination.--With respect to each State participating in the 
program, the Pilot Program shall terminate 3 years after the date on 
which the Administrator accepts the State program in the Pilot Program.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to establish and implement the Pilot Program $2,000,000, 
to remain available until expended.

SEC. 6. RULEMAKING.

    (a) In General.--Prior to finalizing the Proposed Revisions to the 
National Pollutant Discharge Elimination System Program and Federal 
Antidegradation Policy, published August 23, 1999 (64 Fed. Reg. 46058), 
and the Proposed Revisions to the Water Quality Planning and Management 
Regulations Concerning Total Maximum Daily Loads, published August 23, 
1999 (64 Fed. Reg. 46012), the Administrator shall--
            (1) review the National Academy of Sciences Study prepared 
        under section 4; and
            (2) take into consideration the recommendations of the 
        National Academy of Sciences in issuing any final regulations.
    (b) Explanation.--If the Administrator includes provisions in any 
final regulation that are not consistent with the recommendations of 
the National Academy of Sciences, the Administrator shall publish with 
the final rule an explanation why the recommendations of the National 
Academy of Sciences were not included in the final regulation.
                                 <all>