[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4421 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4421

 Making appropriations for the Environmental Protection Agency for the 
     fiscal year ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

   Mr. Obey introduced the following bill; which was referred to the 
 Committee on Appropriations, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 Making appropriations for the Environmental Protection Agency for the 
     fiscal year ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Environmental Protection Agency for the fiscal 
year ending September 30, 2005, and for other purposes, namely:

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized 
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 
diem rate equivalent to the maximum rate payable for senior level 
positions under 5 U.S.C. 5376; procurement of laboratory equipment and 
supplies; other operating expenses in support of research and 
development; construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$797,000,000, which shall remain available until September 30, 2006.

                 Environmental Programs and Management

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the maximum rate payable for senior level positions under 
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or 
at a price to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; and not to exceed $9,000 
for official reception and representation expenses, $2,391,000,000, 
which shall remain available until September 30, 2006, including 
administrative costs of the Brownfields program under the Small 
Business Liability Relief and Brownfields Revitalization Act of 2002.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
$37,997,000, to remain available until September 30, 2006.

                        Buildings and Facilities

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $42,918,000, to remain available until 
expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project; 
$1,381,416,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund upon the date of enactment of 
this Act as authorized by section 517(a) of the Superfund Amendments 
and Reauthorization Act of 1986 (SARA) and up to $1,381,416,000 as a 
payment from general revenues to the Hazardous Substance Superfund for 
purposes as authorized by section 517(b) of SARA, as amended: Provided, 
That funds appropriated under this heading may be allocated to other 
Federal agencies in accordance with section 111(a) of CERCLA: Provided 
further, That of the funds appropriated under this heading, $13,214,000 
shall be transferred to the ``Office of Inspector General'' 
appropriation to remain available until September 30, 2006, and 
$36,097,000 shall be transferred to the ``Science and technology'' 
appropriation to remain available until September 30, 2006.

                Leaking Underground Storage Tank Program

    For necessary expenses to carry out leaking underground storage 
tank cleanup activities authorized by section 205 of the Superfund 
Amendments and Reauthorization Act of 1986, and for construction, 
alteration, repair, rehabilitation, and renovation of facilities, not 
to exceed $85,000 per project, $76,000,000, to remain available until 
expended.

                           Oil Spill Response

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$16,425,000, to be derived from the Oil Spill Liability trust fund, to 
remain available until expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for state revolving funds and performance 
partnership grants, $4,100,000,000, to remain available until expended, 
of which $1,400,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''), of which up to 
$75,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for 
projects that provide treatment for or that minimize sewage or storm 
water discharges using one or more approaches which include, but are 
not limited to, decentralized or distributed storm water controls, 
decentralized wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands restoration; 
$900,000,000 shall be for capitalization grants for the Drinking Water 
State Revolving Funds under section 1452 of the Safe Drinking Water 
Act, as amended, except that, notwithstanding section 1452(n) of the 
Safe Drinking Water Act, as amended, none of the funds made available 
under this heading in this Act, or in previous appropriations Acts, 
shall be reserved by the Administrator for health effects studies on 
drinking water contaminants; $50,000,000 shall be for architectural, 
engineering, planning, design, construction and related activities in 
connection with the construction of high priority water and wastewater 
facilities in the area of the United States-Mexico Border, after 
consultation with the appropriate border commission; $43,000,000 shall 
be for grants to the state of Alaska to address drinking water and 
waste infrastructure needs of rural and Alaska Native Villages; 
$3,500,000 shall be for the remediation of above ground leaking fuel 
tanks pursuant to Public Law 106-554; $325,000,000 shall be for making 
grants for the construction of drinking water, wastewater and storm 
water infrastructure and for water quality protection provided that 
each grantee shall contribute not less than 45 percent of the cost of 
the project unless the grantee is approved for a waiver by the Agency; 
$6,600,000 for grants for construction of alternative decentralized 
wastewater facilities under the National Decentralized Wastewater 
Demonstration program: $120,500,000 shall be to carry out section 
104(k) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA), as amended, including grants, 
interagency agreements, and associated program support costs; and the 
remainder shall be for grants, including associated program support 
costs, to States, federally recognized tribes, interstate agencies, 
tribal consortia, and air pollution control agencies for multi-media or 
single media pollution prevention, control and abatement and related 
activities, including activities pursuant to the provisions set forth 
under this heading in Public Law 104-134, for making grants under 
section 103 of the Clean Air Act for particulate matter monitoring and 
data collection activities, and for making competitive grants to 
states, federally recognized tribes, local governments and local 
educational authorities for the purpose of retrofitting school bus 
fleets with the latest available environmental technology: Provided, 
That for fiscal year 2005 and thereafter, State authority under section 
302(a) of Public Law 104-182 shall remain in effect: Provided further, 
That notwithstanding section 603(d)(7) of the Act, the limitation on 
the amounts in a State water pollution control revolving fund that may 
be used by a State to administer the fund shall not apply to amounts 
included as principal in loans made by such fund in fiscal year 2005 
and prior years where such amounts represent costs of administering 
the fund to the extent that such amounts are or were deemed reasonable 
by the Administrator, accounted for separately from other assets in the 
fund, and used for eligible purposes of the fund, including 
administration: Provided further, That for fiscal year 2005, and 
notwithstanding section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal year under 
section 319 of that Act to make grants to Indian tribes pursuant to 
sections 319(h) and 518(e) of that Act: Provided further, That for 
fiscal year 2005, notwithstanding the limitation on amounts in section 
518(c) of the Act, up to a total of 1\1/2\ percent of the funds 
appropriated for State Revolving Funds under title VI of that Act may 
be reserved by the Administrator for grants under section 518(c) of 
such Act: Provided further, That no funds provided by this legislation 
to address the water, wastewater and other critical infrastructure 
needs of the colonias in the United States along the United States-
Mexico border shall be made available to a county or municipal 
government unless that government has established an enforceable local 
ordinance, or other zoning rule, which prevents in that jurisdiction 
the development or construction of any additional colonia areas, or the 
development within an existing colonia the construction of any new 
home, business, or other structure which lacks water, wastewater, or 
other necessary infrastructure.

                       Administrative Provisions

    For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally-recognized Indian tribes or Intertribal consortia, if 
authorized by their member tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act, as amended.
    Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for 
fiscal year 2005 may be used to award grants or loans under section 
104(k) of CERCLA to eligible entities that satisfy all of the elements 
set forth in CERCLA section 101(40) to qualify as a bona fide 
prospective purchaser except that the date of acquisition of the 
property was prior to the date of enactment of the Small Business 
Liability Relief and Brownfield Revitalization Act of 2001.
    In the case of taxpayers with adjusted gross income in excess of 
$1,000,000 for calendar year 2004, the amount of the tax reduction 
resulting from enactment of the Jobs and Growth Tax Relief 
Reconciliation Act of 2003 (Public Law 108-27) and enactment of the 
Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 
107-16) shall be reduced by 4.0 percent.
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