[Congressional Record Volume 140, Number 55 (Monday, May 9, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 9, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


               SAFE DRINKING WATER ACT AMENDMENTS OF 1994

                                 ______


                   BINGAMAN AMENDMENTS NOS. 1689-1691

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to the bill (S. 2019) to reauthorize and amend title XIV of the 
Public Health Service Act--commonly known as the Safe Drinking Water 
Act, and for other purposes; as follows:

                           amendment no. 1689

       At the appropriate place, insert the following new section:

     SEC.   . ____. ENVIRONMENTAL FLEXIBLE FUNDING.

       (a) Findings.--Congress finds that--
       (1) the magnitude, causes, and interrelationship of 
     environmental pollution are far more significant than 
     previously estimated;
       (2) because, in recent years, the requirements under 
     Federal law to address pollution have expanded, State and 
     local governments have greater economic burdens in meeting 
     the Federal requirements;
       (3) the nature and extent of environmental problems vary 
     among and within States;
       (4) Federal financial assistance to help remediate 
     environmental pollution is limited;
       (5) grant programs that are in effect on the date of 
     enactment of this Act are generally restricted to funding 
     specific categories of activities, without regard to the 
     particular conditions of individual States or the relative 
     importance of the activities within a State; and
       (6) a single program designed to deal with all forms of 
     environmental pollution within a geographic area may be more 
     effective than a number of programs that address specific 
     components of pollution.
       (b) Purposes.--The purposes of this section are to--
       (1) promote more effective and efficient use of Federal, 
     State, and local funds with respect to the control of 
     pollution;
       (2) enable a State to adapt programs of Federal assistance 
     to meet the particular environmental needs of the State;
       (3) help alleviate the impact of Federal requirements by 
     enabling States to integrate and target Federal assistance 
     from a variety of funding sources into a single program to 
     address priority problems if the integration of the 
     assistance into the program furthers the goals and objectives 
     of the programs for which the assistance was initially 
     provided; and
       (4) facilitate the funding of environmental programs that 
     address multiple sources of pollution within a geographic 
     area.
       (c) Definitions.--As used in this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Area of environmental concern.--The term ``area of 
     environmental concern'' includes air, drinking water, 
     pesticides, solid and hazardous waste, toxics, and water 
     quality (as defined and determined by the Administrator).
       (3) Environmental medium grant.--The term ``environmental 
     medium grant'' means a grant made pursuant to the grant 
     program established under subsection (d)(1).
       (4) Governor of a state.--The term ``Governor of a State'' 
     means the Governor of a State, or if the State does not have 
     a Governor, the equivalent official of the State.
       (5) Individual grant program authority.--The term 
     ``individual grant program authority'' means an individual 
     grant program authority described in subsection (d)(1)(B). 
     The term does not include any authority for a grant made to a 
     State for capitalization for the establishment of an 
     environmental loan fund.
       (6) Multi-media environmental grant.--The term ``multi-
     media environmental grant'' means a grant made pursuant to 
     the grant program established under subsection (d)(2).
       (7) State.--The term ``State'' means each of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the Commonwealth of the Northern Mariana Islands, the United 
     States Virgin Islands, Guam, American Samoa, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     the Republic of Palau. The term includes, to the extent 
     allowable by law--
       (A) an interstate agency that has jurisdiction over 2 or 
     more States and is established pursuant to an agreement or 
     compact that is approved by Congress to carry out the control 
     of pollution (as defined and determined by the 
     Administrator); or
       (B) an entity that is--
       (i) established by a cooperative agreement between 2 or 
     more States to carry out the control of pollution (as defined 
     and determined by the Administrator); and
       (ii) approved by the Administrator.
       (8) State agency.--The term ``State agency'' means an 
     entity of a State that is designated by the Governor of a 
     State as having primary responsibility for carrying out the 
     laws of the State relating to pollution prevention, control, 
     and abatement.
       (d) Grant Programs.--
       (1) Environmental medium grants.--
       (A) In general.--
       (i) Establishment of program.--As soon as practicable after 
     the date of enactment of this Act, the Administrator shall, 
     in consultation with the Governors of States and by 
     regulation, establish an environmental medium grant program. 
     Notwithstanding any other provision of law, for each fiscal 
     year, from the amounts made available to the Administrator to 
     make grants to States under the individual grant program 
     authorities specified in subparagraph (B), the Administrator 
     may make a consolidated grant to any State with respect to 
     which the Governor or the head of a State agency submits an 
     application that is approved by the Administrator, in lieu of 
     awarding the funds as individual grants that would otherwise 
     be awarded to the State under the individual grant program 
     authorities specified in subparagraph (B), to fund eligible 
     programs and activities relating to pollution prevention, 
     control, and abatement and related environmental activities 
     of a State.
       (ii) Administration by state.--Except as otherwise provided 
     in this section, in carrying out the consolidated grant 
     program under this paragraph, a State may exercise the 
     individual authorities that the State may exercise under the 
     individual grant program authorities, and to the extent 
     required to carry out this section, may transfer authority to 
     an appropriate State agency.
       (iii) Use of grants.--Under the grant program, grants shall 
     be awarded to address the pollution prevention, control, and 
     abatement problems and related environmental problems of 1 
     area of environmental concern on a statewide basis, in 
     accordance with a priority work plan that meets the 
     requirements of subparagraph (D) and that is developed by the 
     appropriate official of the State pursuant to such 
     subparagraph.
       (B) Individual grant program authorities.--The individual 
     grant program authorities specified in this subparagraph 
     include the following grant program authorities granted to 
     States under the following provisions of Federal 
     environmental law:
       (i) Air programs.--Sections 103(b), 105, 106, and 112 of 
     the Clean Air Act (42 U.S.C. 7403(b), 7405, 7406, and 7412, 
     respectively) and section 306 of the Toxic Substances Control 
     Act (15 U.S.C. 2666).
       (ii) Drinking water programs.--Sections 1427, 1428, 1443, 
     and 1465 of the Public Health Service Act (42 U.S.C. 300h-6, 
     300h-7, 300j-2, and 300j-25, respectively).
       (iii) Pesticides.--Section 23 of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. 136u).
       (iv) Solid and hazardous waste programs.--Sections 2007, 
     3011, and 4008 of the Solid Waste Disposal Act (42 U.S.C. 
     6916, 6931, and 6948, respectively).
       (v) Toxic substances programs.--Sections 10, 28, and 403 of 
     the Toxic Substances Control Act (15 U.S.C. 2609, 2627, and 
     2683, respectively).
       (vi) Water quality.--Sections 104(b), 104(g), 106, 205(j), 
     314(b), 319, 320, and 604(b) of the Federal Water Pollution 
     Control Act (33 U.S.C. 1254(b), 1254(g), 1256, 1285(j), 
     1324(b), 1329, 1330, and 1384(b), respectively).
       (vii) Other provisions.--Any other related provision of 
     Federal environmental law that the Administrator considers to 
     be appropriate.
       (C) Application.--An application submitted pursuant to 
     subparagraph (A) by the Governor of a State or the head of a 
     State agency shall be in such form, and contain such 
     information, as the Administrator determines appropriate and 
     shall, at a minimum, include--
       (i) a description of the programs and activities to be 
     carried out by the State with funds made available under the 
     grant that is the subject of the application;
       (ii) a statement concerning how the programs and activities 
     specified in clause (i) will promote the goals and objectives 
     of the priority work plan of the State developed pursuant to 
     subparagraph (D);
       (iii) for each program or activity listed pursuant to 
     clause (i), a description of--

       (I) the objectives of the program or activity; and
       (II) measurable performance criteria to be applied to the 
     program or activity;

       (iv) a statement of the proposed distribution of funds made 
     available under the grant among activities and programs, 
     including an order of priorities;
       (v) a statement concerning how the distribution of funds of 
     the State will adequately address the requirements under the 
     individual grant program authorities covered under the 
     environmental medium grant; and
       (vi) an identification of the State agency that will--

       (I) carry out the programs and activities specified in 
     clause (i);
       (II) monitor the use of funds made available under the 
     grant that is the subject of the application; and
       (III) report to the Administrator on the use of the funds.

       (D) Priority work plan.--
       (i) In general.--As part of a grant application, the 
     Governor of the State or the head of the State agency of the 
     State shall submit a priority work plan to the Administrator. 
     The priority work plan shall be for a period of 1 or more 
     years. The plan shall--

       (I) be developed--

       (aa) in accordance with guidance issued by the 
     Administrator pursuant to clause (ii); and
       (bb) with appropriate public notice and opportunity for 
     review and comment; and

       (II) include a description of--

       (aa) the environmental problems to be addressed by the work 
     plan;
       (bb) the proposed strategy of the State to address the 
     problems specified in item (aa), including the goals and 
     objectives of the State relating to the strategy;
       (cc) priority actions to be taken pursuant to the work 
     plan; and
       (dd) the expected outputs and results in terms of effects 
     on the environment to be accomplished pursuant to the work 
     plan.
       (ii) Guidance.--As soon as practicable after the date of 
     enactment of this Act, the Administrator shall issue guidance 
     for priority work plans prepared pursuant to this 
     subparagraph.
       (E) Eligible programs and activities.--Any program or 
     activity that is eligible to receive funding under a grant 
     that would otherwise be awarded to a State under individual 
     grant program authorities, but for this paragraph, shall be 
     considered to be an eligible program or activity for the 
     purposes of this paragraph.
       (F) Amount of grant.--The amount of a grant awarded to a 
     State under this paragraph shall not exceed the total amount 
     of grants that would otherwise be awarded to the State under 
     individual grant program authorities, but for this paragraph.
       (G) Cost-sharing.--
       (i) In general.--Notwithstanding any other provision of 
     law, including any requirement of individual grant program 
     authorities that would otherwise apply but for this 
     paragraph, the Federal share of each program or activity that 
     receives funding from a grant awarded pursuant to this 
     paragraph shall not exceed 50 percent of the cost of the 
     program or activity.
       (ii) Non-federal share.--Except as otherwise provided by 
     law, as a condition of receiving a grant under this 
     paragraph, the State shall pay a non-Federal share from non-
     Federal sources.
       (iii) Excess contributions.--Any amount of funds 
     contributed from non-Federal sources that is in excess of the 
     non-Federal share required to be contributed pursuant to 
     clause (ii) may not--

       (I) be considered to be funds contributed pursuant to 
     clause (ii); and
       (II) be subject to Federal auditing requirements that would 
     otherwise apply to funds contributed pursuant to such clause.

       (H) Limitations and conditions on use of funds.--
     Notwithstanding any other provision of law, including any 
     limitation or condition on the use of funds under any 
     individual grant program authority that would otherwise apply 
     but for this paragraph, a State that receives a grant under 
     this paragraph may use funds made available pursuant to this 
     paragraph for financial assistance to individuals only to the 
     extent that the assistance is related to the costs of 
     eligible programs and activities. The Administrator may not 
     attach any other condition or limitation to the use of the 
     grant funds.
       (I) Satisfactory progress.--With respect to a State, the 
     Administrator may reduce the amount of a grant or disapprove 
     a grant application submitted pursuant to subparagraph (C) if 
     the Administrator determines that--
       (i) for a preceding fiscal year, the State has failed to 
     make satisfactory progress in achieving the performance 
     measures stated in an application for a grant awarded to the 
     State under this paragraph; and
       (ii) on the basis of information available to the 
     Administrator concerning the reliability and achievability of 
     the performance measures referred to in clause (i), the 
     measures that the State failed to achieve are reliable and 
     achievable.
       (J) Reporting requirements.--Not later than 120 days after 
     the end of the 1-year period of a grant made to a State 
     pursuant to this paragraph, the appropriate official of the 
     State agency identified under subparagraph (C)(vi) shall 
     submit to the Administrator a report on the principal 
     activities and achievements of the State accomplished with 
     funds made available pursuant to the grant program under this 
     paragraph. The report shall compare the achievements referred 
     to in the preceding sentence to--
       (i) the measurable performance criteria described in the 
     application of the State submitted pursuant to subparagraph 
     (C); and
       (ii) the goals and objectives specified in the priority 
     work plan pursuant to subparagraph (D)(i)(II)(bb) and the 
     expected results specified in the priority work plan of the 
     State pursuant to subparagraph (D)(i)(II)(dd).
       (2) Multi-media environmental grants.--
       (A) In general.--As soon as practicable after the date of 
     enactment of this Act, the Administrator shall, by 
     regulation, establish a multi-media environmental grant 
     program. Notwithstanding any other provision of law, the 
     Administrator may make a grant to each State that submits an 
     application that is approved by the Administrator to assist 
     the State in designing, developing, and carrying out 
     pollution prevention, control, and abatement programs and 
     activities and other related environmental programs and 
     activities that affect 2 or more areas of environmental 
     concern.
       (B) Applications.--An application for a grant under this 
     paragraph shall be made in the same manner as prescribed 
     under paragraph (1)(C).
       (C) Priority work plan.--A priority work plan submitted as 
     part of an application made under this paragraph shall meet 
     the requirements for a priority work plan developed under 
     paragraph (1)(D).
       (D) Eligible programs and activities.--The Administrator 
     shall designate programs and activities that shall be 
     eligible to receive funding under this paragraph and shall 
     include programs and activities for--
       (i) designing and conducting environmental risk 
     assessments;
       (ii) environmental education;
       (iii) enhancing the capacity of a State to support 
     environmental programs;
       (iv) enhancing the capacity of a State to support a 
     geographical approach to environmental control programs and 
     activities;
       (v) promoting source reduction, including activities 
     authorized under section 6605 of the Pollution Prevention Act 
     of 1990 (42 U.S.C. 13104); and
       (vi) pollution prevention, control, and abatement.
       (E) Federal share.--Except as otherwise provided by law, 
     the percentage amount of Federal share of a grant awarded 
     under this paragraph shall not exceed the amount specified in 
     paragraph (1)(G)(i).
       (F) Satisfactory progress.--Paragraph (1)(I) shall apply to 
     a grant or application for a grant made by a State under this 
     paragraph in the same manner as such paragraph applies to a 
     grant made under paragraph (1).
       (G) Reporting requirements.--In the case of a State that 
     receives a grant under this paragraph, the reporting 
     requirements under paragraph (1)(J) shall apply to the 
     appropriate official of the State agency identified under 
     subparagraph (B) in the same manner as the requirements apply 
     to the appropriate official of the State agency of a State 
     that receives a grant under paragraph (1).
       (3) Governors' discretionary authority.--Notwithstanding 
     any other provision of law, on the request of a Governor of a 
     State, the Administrator may transfer an amount not to exceed 
     20 percent of the amount that would otherwise be awarded to 
     the State pursuant to individual grant program authorities or 
     a grant to the State under paragraph (1) or (2) and award the 
     funds as a supplemental amount that shall be subject to the 
     same requirements as any other amounts awarded pursuant to--
       (A) a grant authorized under the individual grant program 
     authorities specified in paragraph (1)(B);
       (B) an environmental medium grant awarded pursuant to 
     paragraph (1); or
       (C) a multi-media environmental grant awarded pursuant to 
     paragraph (2).
       (4) Request for information.--The Administrator may request 
     such information, data, and reports as the Administrator 
     considers necessary to--
       (A) review an application submitted under this subsection 
     for approval or disapproval;
       (B) evaluate progress made under a grant awarded pursuant 
     to this subsection; or
       (C) prepare a report that the Administrator is required to 
     prepare under subsection (e).
       (5) No reduction in amounts.--In no case shall the award of 
     a grant to a State pursuant to this subsection result in a 
     reduction of the total amount of funds awarded by the 
     Administrator to a State as grants for conducting 
     environmental programs and activities. Except as expressly 
     provided otherwise, nothing in this subsection is intended to 
     reduce or supplant the obligation of a State to pay a non-
     Federal share of a grant awarded by the Administrator to the 
     State for conducting an environmental program or activity.
       (6) Applicability.--This subsection shall apply beginning 
     with the first full fiscal year following the date of 
     issuance by the Administrator of the regulations establishing 
     an environmental medium grant program under paragraph (1)(A).
       (e) Report to Congress.--Not later than 5 years after the 
     date of enactment of this Act, the Administrator, in 
     cooperation with the States, shall submit a report to 
     Congress concerning the grant programs established under this 
     section. The report shall include such recommendations for 
     changes in the grant programs as the Administrator considers 
     appropriate.
                                  ____


                           Amendment No. 1690

       At the appropriate place, insert the following new section:

     SEC.   . GRANTS TO CERTAIN COMMUNITIES FOR WASTEWATER 
                   TREATMENT.

       (a) Findings.--Congress finds that--
       (1) as of the date of enactment of this Act, there is a 
     severe lack of wastewater treatment facilities in the area of 
     the border between the United States and Mexico;
       (2) the lack of facilities is leading to the pollution of 
     rivers and ground water in the area and to environmental 
     degradation; and
       (3) the pollution presents a grave threat to public health 
     through the proliferation of gastro-intestinal and infectious 
     diseases.
       (b) Grants to Certain Communities.--Title V of the Federal 
     Water Pollution Control Act (33 U.S.C. 1361 et seq.) is 
     amended--
       (1) by redesignating section 519 as section 520; and
       (2) by inserting after section 518 the following new 
     section:

     ``SEC. 519. GRANTS TO CERTAIN COMMUNITIES.

       ``(a) In General.--Notwithstanding any other provision of 
     law, the Administrator is authorized to award a grant for 
     wastewater treatment to--
       ``(1) a community that meets the requirements of subsection 
     (b); or
       ``(2) a county, municipality, or other political 
     subdivision of a State acting on behalf of a community that 
     meets the requirements of subsection (b).
       ``(b) Eligible Communities.--A community that meets the 
     requirements of this subsection is a community that--
       ``(1) is designated by the State or county in which the 
     community is located as a colonia;
       ``(2) is located in the border area;
       ``(3) the Administrator determines is eligible to receive a 
     grant under this subsection on the basis of objective 
     criteria (including the lack of a potable water supply, an 
     adequate sewage system, or decent, safe, and sanitary 
     housing); and
       ``(4) before November 28, 1990, existed as a colonia (as 
     determined by the Administrator).
       ``(c) Use of Grant.--A grant awarded under this section may 
     be used for 1 or more of the following activities:
       ``(1) The construction (including planning, design, repair, 
     extension, improvement, alteration, or reconstruction) of 
     publicly owned treatment works (including collection lines or 
     interceptor sewers, notwithstanding any limitation otherwise 
     imposed with respect to the provision of assistance for 
     collection lines or interceptor sewers).
       ``(2) The acquisition of land, or any easement or other 
     right-of-way, with respect to which the recipient of 
     assistance is not the owner (at the time of the receipt of 
     assistance), that is necessary to carry out the construction 
     or operation of the publicly owned treatment works, or the 
     final disposal of residues resulting from the treatment of 
     water or waste.
       ``(3) The disposal of wastewater by surface or underground 
     methods (or both).
       ``(d) Grant Amount.--A grant awarded under this section may 
     be for an amount not to exceed 100 percent of the cost of the 
     project that is the subject of the grant.
       ``(e) Definition of Border Area.--As used in this section, 
     the term `border area' means the area situated within 100 
     kilometers on either side of the United States-Mexican 
     international boundary.
       ``(f) Authorization of Appropriations--There are authorized 
     to be appropriated to the Environmental Protection Agency, 
     for each of fiscal years 1995 through 2001, such sums as may 
     be necessary to carry out this section.''.
                                  ____


                           Amendment No. 1691

       At the appropriate place, insert the following new section:

     SEC.  . GRANTS TO UNINCORPORATED COMMUNITIES FOR WASTEWATER 
                   TREATMENT.

       ``(A) Findings.--Congress finds that--
       ``(1) as of the date of enactment of this Act, there is a 
     severe lack of wastewater treatment facilities in small, 
     semi-rural, unincorporated communities in the United States;
       (2) the lack of facilities is leading to the pollution of 
     rivers and ground water in the areas; and
       (3) the pollution presents a potential threat to the public 
     health of the communities referred to in paragraph (1).
       (b) Grants to Unincorporated Communities.--Title V of the 
     Federal Water Pollution Control Act (33 U.S.C. 1361 et seq.) 
     is amended--
       (1) by redesignating section 519 as section 520; and
       (2) by inserting after section 518 the following new 
     section:

     ``SEC. 519. GRANTS TO UNINCORPORATED COMMUNITIES.

       ``(a) Definitions.--As used in this section:
       ``(1) Construction.--The term `construction' has the same 
     meaning as is provided in section 212(1).
       ``(2) Non-metropolitan areas.--The term `non-metropolitan 
     area' means an area no part of which is within an area 
     designated as a metropolitan statistical area by the Office 
     of Management and Budget.
       ``(3) Treatment works.--The term `treatment works' has the 
     same meaning as is provided in section 212(2).
       ``(b) Authorization for Grant Awards.--Notwstanding any 
     other provision of law, the Administrator is authorized to 
     award a grant for wastewater treatment to an unincorporated 
     community (without regard to whether the community is located 
     in a metropolitan statical area) for a wastewater treatment 
     project that serves a population--
       ``(1) of 20,000 or fewer residents; and
       ``(2) with a median household income that is less than or 
     equal to 110 percent of the median household income for non-
     metropolitan areas of the State in which the community is 
     located.
       ``(c) Use of Grant.--A grant awarded under this section may 
     be used for 1 or more of the following activities:
       ``(1) The acquisition or construction (including planning, 
     design, repair, extension, improvement, alteration, or 
     reconstruction) of a treatment works or any portion or 
     associated structure of a treatment works (including any 
     associated collection line or interceptor sewer, 
     notwithstanding any limitation otherwise imposed with respect 
     to the provision of assistance for the line or sewer).
       ``(2) The acquisition of land, or any easement or other 
     right-of-way, with respect to which the recipient of the 
     grant is not the owner at the time of the acquisition, that 
     is necessary to carry out the construction or operation of 
     the treatment works referred to in paragraph (1).
       ``(3) The final disposal of residues resulting from the 
     treatment of water or waste.
       ``(4) The disposal of wastewater by surface or underground 
     methods (or both).
       ``(5) The disposal of wastewater through recycling or 
     reclamation (or both).
       ``(d) Cost-Sharing.--
       ``(1) Federal share.--The Federal share of a grant 
     described in subsection (b) shall not exceed 75 percent of 
     the total cost of the project that is the subject of the 
     grant.
       ``(2) Non-federal share.--Payment of the non-Federal share 
     of a grant described in subsection (b) may be satisfied by 
     any combination of public or private funds or in-kind 
     services. The non-Federal share may include public funds 
     authorized or expended for the project that is the subject of 
     the grant during the period beginning on the date that is 3 
     years before the date of enactment of this subsection.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Environmental Protection 
     Agency, for each of fiscal years 1995 through 2001, such sums 
     as may be necessary to carry out this section.''.

                          ____________________