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






                                                       Calendar No. 934
106th CONGRESS
  2d Session
                                S. 2417

                          [Report No. 106-485]

 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, Mr. Smith of New Hampshire, Mr. Sessions, Mr. 
Hatch, Mr. Craig, Mr. Murkowski, Mr. Bunning, Mr. Roberts, Mr. Smith of 
 Oregon, Mr. Gramm, Mr. Grams, Mr. Hagel, Mr. Bond, Mr. McConnell, Mr. 
    Hutchinson, Mr. Gorton, Ms. Collins, Mr. Thomas, Mr. Helms, Mr. 
  Thurmond, Mr. Bennett, Mr. Breaux, Mr. Inhofe, Mrs. Hutchison, Mr. 
 Allard, Mr. Ashcroft, Mr. Kyl, Mr. Burns, Ms. Snowe, Mr. Shelby, Ms. 
  Landrieu, Mr. Coverdell, and Mr. Cleland) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

            October 4 (legislative day, September 22), 2000

       Reported by Mr. Smith of New Hampshire, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Water Pollution Program 
Enhancements Act of 2000''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (11) data described in paragraph (10) are 
        frequently not subject to quality assurance or quality control 
        measures;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (15) any Federal water quality management program 
        or initiative must recognize and accommodate State water rights 
        allocations and management programs.</DELETED>

<DELETED>SEC. 3. FUNDING FOR WATER POLLUTION CONTROL 
              MEASURES.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(a) Funding.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Monitoring data.--From the sums appropriated 
        in any fiscal year, $50,000,000 shall be made available to 
        States for--</DELETED>
                <DELETED>    ``(A) the collection of reliable 
                monitoring data;</DELETED>
                <DELETED>    ``(B) the improvement of lists prepared 
                under section 303(d)(1);</DELETED>
                <DELETED>    ``(C) the preparation of total maximum 
                daily load allocations under section 303(d); 
                and</DELETED>
                <DELETED>    ``(D) the development of watershed 
                management strategies.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(j) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(A) Federal share.--A grant awarded 
                under this paragraph shall not exceed 90 percent of the 
                cost of the project or activity.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Limitation.--Grants shall not be 
                made available for projects or activities that are 
                otherwise required by Federal or State 
                law.''.</DELETED>

<DELETED>SEC. 4. REPORT TO CONGRESS.</DELETED>

<DELETED>    (a) National Academy of Sciences Study.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the scientific basis underlying the 
                development and implementation of total maximum daily 
                loads;</DELETED>
                <DELETED>    (B) the costs of implementing measures to 
                comply with total maximum daily loads; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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:</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) The circumstances in which water 
                quality standards may not be attainable, and the 
                availability of mechanisms to address those 
                circumstances.</DELETED>
                <DELETED>    (F) The feasibility of implementing a 
                pollutant trading program between point sources and 
                nonpoint sources.</DELETED>
                <DELETED>    (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)).</DELETED>
        <DELETED>    (3) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out the Study 
        $5,000,000, to remain available until expended.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. WATERSHED MANAGEMENT PILOT PROGRAM.</DELETED>

<DELETED>    (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)).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Reports.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the overall improvements achieved in 
                water quality;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) the administrative and other burdens 
                imposed on State and local governments and the private 
                sector under the State program; and</DELETED>
                <DELETED>    (D) the costs associated with implementing 
                the State program.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 6. RULEMAKING.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) review the National Academy of Sciences Study 
        prepared under section 4; and</DELETED>
        <DELETED>    (2) take into consideration the recommendations of 
        the National Academy of Sciences in issuing any final 
        regulations.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Pollution Program Enhancements 
Act of 2000''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) NAPA study--The term ``NAPA Study'' means the study 
        required to be carried out under section 4(b).
            (3) NAS study.--The term ``NAS Study'' means the study 
        required to be carried out under section 4(a).

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 
        $250,000,000 for each of fiscal years 2001 through 2007, to 
        remain available until expended, for grants to States and 
        interstate agencies to be used in carrying out this section, 
        including--
                    ``(A) the administration of programs for the 
                prevention, reduction, and elimination of pollutants; 
                and
                    ``(B) enforcement carried out directly or through 
                appropriate State law enforcement officers and 
                agencies.
            ``(2) State activities.--Of the amount authorized under 
        paragraph (1) for 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.--Subject to paragraphs (2) and (3), there 
        is authorized to be appropriated to carry out subsections (h) 
        and (i) $500,000,000 for each of fiscal years 2001 through 
        2007, to remain available until expended.
            ``(2) Groundwater quality.--Of the amount authorized under 
        paragraph (1) for any fiscal year, not more than $7,500,000 may 
        be made available to carry out subsection (i).
            ``(3) Project grants.--
                    ``(A) In general.--Of the amount authorized under 
                paragraph (1) for any fiscal year, $200,000,000 shall 
                be made available to 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 water that has 
                been identified by a State as a priority for 
                restoration.
                    ``(B) Cost sharing.--
                            ``(i) Federal share.--The Federal share of 
                        the costs of any project or activity funded 
                        under this paragraph shall not exceed 90 
                        percent.
                            ``(ii) Non-federal share.--The recipient of 
                        a grant under this paragraph may use funds from 
                        other Federal programs and eligible in-kind 
                        contributions to satisfy the non-Federal share.
                    ``(C) Limitation.--Grants under this paragraph 
                shall not be made available for projects or activities 
                that are required to be carried out under Federal or 
                State law.''.

SEC. 4. REPORTS TO CONGRESS.

    (a) National Academy of Sciences Study.--
            (1) In general.--The Administrator shall contract with the 
        National Academy of Sciences to conduct a study of--
                    (A) the scientific basis underlying the development 
                and implementation of total maximum daily loads under 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    (B) the availability and effectiveness of 
                alternative programs or mechanisms in producing 
                quantifiable reductions of pollution from point sources 
                and nonpoint sources to achieve water quality 
                standards.
            (2) 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 Transportation 
        and Infrastructure Committee of the House of Representatives 
        and the Committee on Environment and Public Works of the Senate 
        a copy of the NAS Study.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the NAS Study $2,000,000, to 
        remain available until expended.
    (b) National Academy of Public Administrators Study.--
            (1) In general.--The Administrator shall contract with the 
        National Academy of Public Administrators to conduct a study 
        of--
                    (A) the effectiveness of existing voluntary and 
                other programs, activities, and practices being 
                implemented as of the date of enactment of this Act in 
                producing quantifiable reductions in pollution from 
                point sources and nonpoint sources and attaining water 
                quality standards; and
                    (B) the costs and benefits associated with the 
                programs, activities, and practices described in 
                subparagraph (A) that are incurred by State and local 
                governments and the private sector.
            (2) Submission of napa study to congress.--Not later than 
        18 months after the date of enactment of this Act, the 
        Administrator shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a copy 
        of the NAPA Study.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the NAPA Study $3,000,000, to 
        remain available until expended.




                                                       Calendar No. 934

106th CONGRESS

  2d Session

                                S. 2417

                          [Report No. 106-485]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

            October 4 (legislative day, September 22), 2000

                       Reported with an amendment