[Congressional Record Volume 141, Number 76 (Tuesday, May 9, 1995)]
[House]
[Page H4672]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                               AMENDMENTS

  Undrr clause 6 of rule XXIII, proposed amendments were submitted as 
follow:

                                H.R. 961

                         Offered By: Mr. Bachus

       Amendment No. 1: Page 146, line 21, after the period insert 
     the following:

     At a minimum, the term `small business' shall include a 
     corporation, partnership, unincorporated business, and sole 
     proprietorship employing 100 or fewer full time employees.

                                H.R. 961

                         Offered By: Mr. Bachus

       Amendment No. 2: Page 213, after line 5, insert the 
     following:

     SEC. 507. FEDERAL POWER ACT PART I PROJECTS.

       Section 511(a) (33 U.S.C. 1371(a)) is amended by striking 
     ``, or (3)'' and inserting the following: ``; (3) applying to 
     hydropower projects within the jurisdiction of the Federal 
     Energy Regulatory Commission or its successors under the 
     authority of part I of the Federal Power Act (16 U.S.C. 791 
     et seq.); except that water quality certification, unless 
     waived or denied, shall be issued for such projects under 
     section 401 and the water quality conditions in those 
     certifications shall become conditions on project licenses 
     and except that any water quality certification conditions or 
     denial issued under section 401 shall be limited to 
     consideration of narrative and numeric water quality criteria 
     adopted in water quality standards under section 303 and such 
     conditions shall not regulate, or such denial be based on, 
     water use or water quantities; or (4)''.
       Renumber subsequent sections of the bill and conform the 
     table of contents of the bill accordingly.
                                H.R. 961

                        Offered By: Mr. Boehlert

       Amendment No. 3: Page 239, strike line 3 and all that 
     follows through line 22 on page 322 and insert the following:
            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Wetlands and Watershed 
     Management Act of 1995''.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares the following:
       (1) Wetlands perform a number of valuable functions needed 
     to restore and maintain the chemical, physical, and 
     biological integrity of the Nation's waters, including--
       (A) reducing pollutants (including nutrients, sediment, and 
     toxics) from nonpoint and point sources;
       (B) storing, conveying, and purifying flood and storm 
     waters;
       (C) reducing both bank erosion and wave and storm damage to 
     adjacent lands and trapping sediment from upland sources;
       (D) providing habitat and food sources for a broad range of 
     commercial and recreational fish, shellfish, and migratory 
     wildlife species (including waterfowl and endangered 
     species); and
       (E) providing a broad range of recreational values for 
     canoeing, boating, birding, and nature study and observation.
       (2) Original wetlands in the contiguous United States have 
     been reduced by an estimated 50 percent and continue to 
     disappear at a rate of 200,000 to 300,000 acres a year. Many 
     of these original wetlands have also been altered or 
     partially degraded, reducing their ecological value.
       (3) Wetlands are highly sensitive to changes in water 
     regimes and are, therefore, susceptible to degradation by 
     fills, drainage, grading, water extractions, and other 
     activities within their watersheds which affect the quantity, 
     quality, and flow of surface and ground waters. Protection 
     and management of wetlands, therefore, should be integrated 
     with management of water systems on a watershed basis. A 
     watershed protection and management perspective is also 
     needed to understand and reverse the gradual, continued 
     destruction of wetlands that occurs due to cumulative 
     impacts.
       (4) Wetlands constitute an estimated 5 percent of the 
     Nation's surface area. Because much of this land is in 
     private ownership wetlands protection and management 
     strategies must take into consideration private property 
     rights and the need for economic development and growth. This 
     can be best accomplished in the context of a cooperative and 
     coordinated Federal, State, and local strategy for data 
     gathering, planning, management, and restoration with an 
     emphasis on advance planning of wetlands in watershed 
     contexts.
       (b) Purposes.--The purposes of this Act are--
       (1) to help create a coordinated national wetland 
     management effort with efficient use of scarce Federal, 
     State, and local financial and manpower resources to protect 
     wetland functions and values and reduce natural hazard 
     losses;
       (2) to help reverse the trend of wetland loss in a fair, 
     efficient, and cost-effective manner;
       (3) to reduce inconsistencies and duplication in Federal, 
     State, and local wetland management efforts and encourage 
     integrated permitting at the Federal, State, and local 
     levels;
       (4) to increase technical assistance, cooperative training, 
     and educational opportunities for States, local governments, 
     and private landowners;
       (5) to help integrate wetland protection and management 
     with other water resource management programs on a watershed 
     basis such as flood control, storm water management, 
     allocation of water supply, protection of fish and wildlife, 
     and point and nonpoint source pollution control;
       (6) to increase regionalization of wetland delineation and 
     management policies within a framework of national policies 
     through advance planning of wetland areas, programmatic 
     general permits and other approaches and the tailoring of 
     policies to ecosystem and land use needs to reflect 
     significant watershed variance in wetland resources;
       (7) to address the cumulative loss of wetland resources;
       (8) to increase the certainty and predictability of 
     planning and regulatory policies for private landowners;
       (9) to help achieve no overall net loss and net gain of the 
     remaining wetland base of the United
      States through watershed-based restoration strategies 
     involving all levels of government;
       (10) to restore and create wetlands in order to increase 
     the quality and quantity of the wetland resources and by so 
     doing to restore and maintain the quality and quantity of the 
     waters of the United States; and
       (11) to provide mechanisms for joint State, Federal, and 
     local development and testing of approaches to better protect 
     wetland resources such as mitigation banking.

     SEC. 803. STATE, LOCAL, AND LANDOWNER TECHNICAL ASSISTANCE 
                   AND COOPERATIVE TRAINING.

       (a) State and Local Technical Assistance.--Upon request, 
     the Administrator, or the Secretary of the Army, as 
     appropriate, shall provide technical assistance to State and 
     local governments in the development and implementation of 
     State and local government permitting programs under sections 

     [[Page H4621]] 404(e) and 404(h) of the Federal Water 
     Pollution Control Act, State wetland conservation plans under 
     section 805, and regional or local wetland management plans 
     under section 805.
       (b) Cooperative Training.--The Administrator and the 
     Secretary, in cooperation with the Coordinating Committee 
     established pursuant to section 804, shall conduct training 
     courses for States and local governments involving wetland 
     delineation, utilization of wetlands in nonpoint pollution 
     control, wetland and stream restoration, wetland planning, 
     wetland evaluation, mitigation banking, and other subjects 
     deemed appropriate by the Administrator or Secretary.
       (c) Private Landowner Technical Assistance.--The 
     Administrator and Secretary shall, in cooperation with the 
     Coordination Committee, and appropriate Federal agencies 
     develop and provide to private landowners guidebooks, 
     pamphlets, or other materials and technical assistance to 
     help them in identifying and evaluating wetlands, developing 
     integrated wetland management plans for their lands 
     consistent with the goals of this Act and the Federal Water 
     Pollution Control Act, and restoring wetlands.

     SEC. 804. FEDERAL, STATE, AND LOCAL GOVERNMENT COORDINATING 
                   COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator shall 
     establish a Federal, State, and Local Government Wetlands 
     Coordinating Committee (hereinafter in this section referred 
     to as the ``Committee'').
       (b) Functions.--The Committee shall--
       (1) help coordinate Federal, State, and local wetland 
     planning, regulatory, and restoration programs on an ongoing 
     basis to reduce duplication, resolve potential conflicts, and 
     efficiently allocate manpower and resources at all levels of 
     government;
       (2) provide comments to the Secretary of the Army or 
     Administrator in adopting regulatory, policy, program, or 
     technical guidance affecting wetland systems;
       (3) help develop and field test, national policies prior to 
     implementation such as wetland, delineation, classification 
     of wetlands, methods for sequencing wetland mitigation 
     responses, the utilization of mitigation banks;
       (4) help develop and carry out joint technical assistance 
     and cooperative training programs as provided in section 803;
       (5) help develop criteria and implementation strategies for 
     facilitating State conservation plans and strategies, local 
     and regional wetland planning, wetland restoration and 
     creation, and State and local permitting programs pursuant to 
     section 404(e) or 404(g) of the Federal Water Pollution 
     Control Act; and
       (6) help develop a national strategy for the restoration of 
     wetland ecosystems pursuant to section 6 of this Act.
       (c) Membership.--The Committee shall be composed of 18 
     members as follows:
       (1) The Administrator or the designee of the Administrator.
       (2) The Secretary or the designee of the Secretary.
       (3) The Director of the United States Fish and Wildlife 
     Service or the designee of the Director.
       (4) The Chief of the Natural Resources Conservation Service 
     or the designee of the Chief.
       (5) The Undersecretary for Oceans and Atmosphere or the 
     designee of the Under Secretary.
       (6) One individual appointed by the Administrator who will 
     represent the National Governor's Association.
       (7) One individual appointed by the Administrator who will 
     represent the National Association of Counties.
       (8) One individual appointed by the Administrator who will 
     represent the National League of Cities.
       (9) One State wetland expert from each of the 10 regions of 
     the Environmental Protection Agency. Each member to be 
     appointed under this paragraph shall be jointly appointed by 
     the Governors of the States within the Environmental 
     Protection Agency's region. If the Governors from a region 
     cannot agree on such a representative, they will each submit 
     a nomination to the Administrator and the Administrator will 
     select a representative from such region.
       (d) Terms.--Each member appointed pursuant to paragraph 
     (6), (7), (8), or (9) of subsection (c) shall be appointed 
     for a term of 2 years.
       (e) Vacancies.--A vacancy in the Committee shall be filled, 
     on or before the 30th day after the vacancy occurs, in the 
     manner in which the original appointment was made.
       (f) Pay.--Members shall serve without pay, but may receive 
     travel expenses (including per diem in lieu of subsistence) 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (g) Cochairpersons.--The Administrator and one member 
     appointed pursuant to paragraph (6), (7), (8), or (9) of 
     subsection (c) (selected by such members) shall serve as 
     cochairpersons of the Committee.
       (h) Quorum.--Two-thirds of the members of the Committee 
     shall constitute a quorum but a lesser number may hold 
     meetings.
       (i) Meetings.--The Committee shall hold its first meeting 
     not later than 120 days after the date of the enactment of 
     this Act. The Committee shall meet at least twice each year 
     thereafter. Meetings will be opened to the public.

     SEC. 805. STATE AND LOCAL WETLAND CONSERVATION PLANS AND 
                   STRATEGIES; GRANTS TO FACILITATE THE 
                   IMPLEMENTATION OF SECTION 404.

       (a) State Wetland Conservation Plans and Strategies.--
     Subject to the requirements of this section, the 
     Administrator shall make grants to States and tribes to 
     assist in the development and implementation of wetland 
     conservation plans and strategies. More specific goals for 
     such conservation plans and strategies may include:
       (1) Inventorying State wetland resources, identifying 
     individual and cumulative losses, identifying State and local 
     programs applying to wetland resources, determining gaps in 
     such programs, and making recommendations for filling those 
     gaps.
       (2) Developing and coordinating existing State, local, and 
     regional programs for wetland management and protection on a 
     watershed basis.
       (3) Increasing the consistency of Federal, State, and local 
     wetland definitions, delineation, and permitting approaches.
       (4) Mapping and characterizing wetland resources on a 
     watershed basis.
       (5) Identifying sites with wetland restoration or creation 
     potential.
       (6) Establishing management strategies for reducing causes 
     of wetland degradation and restoring wetlands on a watershed 
     basis.
       (7) Assisting regional and local governments prepare 
     watershed plans for areas with a high percentage of lands 
     classified as wetlands or otherwise in need of special 
     management.
       (8) Establishing and implementing State or local permitting 
     programs under section 404(e) or 404(h) of the Federal Water 
     Pollution Control Act.
       (b) Regional and Local Wetland Planning, Regulation, and 
     Management Programs.--Subject to the requirements of this 
     section, the Administrator shall make grants to States which 
     will, in turn, use this funding to make grants to regional 
     and local governments to assist them in adopting and 
     implementing wetland and watershed management programs 
     consistent with goals stated in section 101 of the Federal 
     Water Pollution Control Act and section 802 of this Act. Such 
     plans shall be integrated with (where appropriate) or 
     coordinated with planning efforts pursuant to section 319 of 
     the Federal Water Pollution Control Act. Such programs shall, 
     at a minimum, involve the inventory of wetland resources and 
     the adoption of plans and policies to help achieve the goal 
     of no net loss of wetland resources on a watershed basis. 
     Other goals may include, but are not limited to:
       (1) Integration of wetland planning and management with 
     broader water resource and land use planning and management, 
     including flood control, water supply, storm water 
     management, and control of point and nonpoint source 
     pollution.
       (2) Adoption of measures to increase consistency in 
     Federal, State, and local wetland definitions, delineation, 
     and permitting approaches.
       (3) Establishment of management strategies for restoring 
     wetlands on a watershed basis.
       (c) Grants To Facilitate the Implementation of Section 
     404.--Subject to the requirements of this section, the 
     Administrator may make grants to States which assist the 
     Federal Government in the implementation of the section 404 
     Federal Water Pollution Control program through State 
     assumption of permitting pursuant to sections 404(g) and 
     404(h) of such Act through State permitting through a State 
     programmatic general permit pursuant to section 404(e) of 
     such Act or through monitoring and enforcement activities. In 
     order to be eligible to receive a grant under this section a 
     State shall provide assurances satisfactory to the 
     Administrator that amounts received by the State in grants 
     under this section will be used to issue regulatory permits 
     or to enforce regulations consistent with the overall goals 
     of section 802 and the standards and procedures of section 
     404(g) or 404(e) of this Act.
       (d) Maximum Amount.--No State may receive more than 
     $500,000 in total grants under subsections (a), (b), and (c) 
     in any fiscal year and more than $300,000 in grants for 
     subsection (a), (b), or (c), individually.
       (e) Federal Share.--The Federal share of the cost of 
     activities carried out using amounts made available in grants 
     under this section shall not exceed 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 per 
     fiscal year for each of fiscal years 1996, 1997, 1998, 1999, 
     and 2000.
     SEC. 806. NATIONAL COOPERATIVE WETLAND ECOSYSTEM RESTORATION 
                   STRATEGY.

       (a) Development.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in cooperation 
     with other Federal agencies, State, and local governments, 
     and representatives of the private sector, shall initiate the 
     development of a National Cooperative Wetland Ecosystem 
     Restoration Strategy.
       (b) Goals.--The goal of the National Co- operative Wetland 
     Ecosystem Restoration Strategy shall be to restore damaged 
     and degraded wetland and riparian ecosystems consistent with 
     the goals of the Water Pollution Control Amendments and the 
     goals of section 802, and the recommendations of the National 
     Academy of Sciences with regard to the restoration of aquatic 
     ecosystems.
       (c) Functions.--The National Cooperative Wetland Ecosystem 
     Restoration Strategy shall--
     [[Page H4622]]   (1) be designed to help coordinate and 
     promote restoration efforts by Federal, State, regional, and 
     local governments and the private sector, including efforts 
     authorized by the Coastal Wetlands Planning, Protection, and 
     Restoration Act, the North American Waterfowl Management 
     Plan, the Wetlands Reserve Program, and the wetland 
     restoration efforts on Federal, State, local, and private 
     lands;
       (2) involve the Federal, State, and local Wetlands 
     Coordination Committee established pursuant to section 804;
       (3) inventory and evaluate existing restoration efforts and 
     make suggestions for the establishment of new watershed 
     specific efforts consistent with existing Federal programs 
     and State, regional, and local wetland protection and 
     management efforts;
       (4) evaluate the role presently being played by wetland 
     restoration in both regulatory and nonregulatory contexts and 
     the relative success of wetland restoration in these 
     contexts;
       (5) develop criteria for identifying wetland restoration 
     sites on a watershed basis, procedures for wetlands 
     restoration, and ecological criteria for wetlands 
     restoration; and
       (6) identify regulatory obstacles to wetlands ecosystem 
     restoration and recommend methods to reduce such obstacles.

     SEC. 807. PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL.

       (a) Section 404(a) (33 U.S.C. 1344) is amended by adding at 
     the end thereof the following: ``The Secretary shall, in 
     cooperation with the Administrator, establish a permit 
     monitoring and tracking programs on a watershed basis to 
     monitor the cumulative impact of individual and general 
     permits issued under this section. This program shall 
     determine the impact of permitted activities in relationship 
     to the no net loss goal. Results shall be reported biannually 
     to Congress.''.
       (b) Paragraph (1) of section 404(e) is amended by inserting 
     ``local,'' before ``State, regional, or nationwide basis'' in 
     the first sentence.
       (c) Paragraph (2) of section 404(e) is amended by striking 
     the period at the end and inserting ``or a State or local 
     government has failed to adequately monitor and control the 
     individual and cumulative adverse effects of activities 
     authorized by State or local programmatic general permits.''.
       (d) Section 404(e) is amended by adding at the end thereof 
     the following new paragraph:
       ``(3) Consistent with the following requirements, the 
     Secretary may, after notice and opportunity for public 
     comment, issue State or local programmatic general permits 
     for the purpose of avoiding unnecessary duplication of 
     regulations by State, regional, and local regulatory 
     programs:
       ``(A) The Secretary may issue a programmatic general permit 
     based on a State, regional, or local government regulatory 
     program
      if that general permit includes adequate safeguards to 
     ensure that the State, regional, or local program will 
     have no more than minimal cumulative impacts on the 
     environment and will provide at least the same degree of 
     protection for the environment, including all waters of 
     the United States, and for Federal interests, as is 
     provided by this section and by the Federal permitting 
     program pursuant to section 404(a). Such safeguards shall 
     include provisions whereby the Corps District Engineer and 
     the Regional Administrators or Directors of the 
     Environmental Protection Agency, the United States Fish 
     and Wildlife Service, and the National Marine Fisheries 
     Service (where appropriate), shall have an opportunity to 
     review permit applications submitted to the State, 
     regional, or local regulatory agency which would have more 
     than minimal individual or cumulative adverse impacts on 
     the environment, attempt to resolve any environmental 
     concern or protect any Federal interest at issue, and, if 
     such concern is not adequately addressed by the State, 
     local, or regional agency, require the processing of an 
     individual Federal permit under this section for the 
     specific proposed activity. The Secretary shall ensure 
     that the District Engineer will utilize this authority to 
     protect all Federal interests including, but not limited 
     to, national security, navigation, flood control, Federal 
     endangered or threatened species, Federal interests under 
     the Wild and Scenic Rivers Act, special aquatic sites of 
     national importance, and other interests of overriding 
     national importance. Any programmatic general permit 
     issued under this subsection shall be consistent with the 
     guidelines promulgated to implement subsection (b)(1).
       ``(B) In addition to the requirements of subparagraph (A), 
     the Secretary shall not promulgate any local or regional 
     programmatic general permit based on a local or regional 
     government's regulatory program unless the responsible unit 
     of government has also adopted a wetland and watershed 
     management plan and is administering regulations to implement 
     this plan. The watershed management plan shall include--
       ``(i) the designation of a local or regional regulatory 
     agency which shall be responsible for issuing permits under 
     the plan and for making reports every 2 years on 
     implementation of the plan and on the losses and gains in 
     functions and acres of wetland within the watershed plan 
     area;
       ``(ii) mapping of--
       ``(I) the boundary of the plan area;
       ``(II) all wetlands and waters within the plan area as well 
     as other areas proposed for protection under the plan; and
       ``(III) proposed wetland restoration or creation sites with 
     a description of their intended functions upon completion and 
     the time required for completion;
       ``(iii) a description of the regulatory policies and 
     standards applicable to all wetlands and waters within the 
     plan areas and all activities which may affect these wetlands 
     and waters that will assure, at a minimum, no net loss of the 
     functions and acres of wetlands within the plan area; and
       ``(iv) demonstration that the regulatory agency has the 
     legal authority and scientific monitoring capability to carry 
     out the proposed plan including the issuance, monitoring, and 
     enforcement of permits in compliance with the plan.''.
       (e) Section 404(f) is amended by adding the following:
       ``(3)(A) For purposes of this section, the following shall 
     not be considered navigable waters:
       ``(i) Irrigation ditches excavated in uplands.
       ``(ii) Artificially irrigated areas which would revert to 
     uplands if the irrigation ceased.
       ``(iii) Artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and which are 
     used exclusively for stock watering, irrigation, or rice 
     growing.
       ``(iv) Artificial reflecting or swimming pools or other 
     small ornamental bodies of water created by excavating or 
     diking uplands to retain water for primarily aesthetic 
     reasons.
       ``(v) Temporary, water filled depressions created in 
     uplands incidental to construction activity.
       ``(vi) Pits excavated in uplands for the purpose of 
     obtaining fill, sand, gravel, aggregates, or minerals, unless 
     and until the construction or excavation operation is 
     abandoned and the resulting body of water meets the 
     definition of waters of the United States.
       ``(vii) Artificial stormwater detention areas and 
     artificial sewage treatment areas which are not modified 
     natural waters.
       ``(B) Subparagraph (A) shall not apply to a particular 
     water body unless the person desiring to conduct an activity 
     in that water body is able to demonstrate that the water body 
     qualifies under subparagraph (A) for exemption from 
     regulation under this section.''.

     SEC. 808. TECHNICAL ASSISTANCE TO PRIVATE LANDOWNERS, 
                   CODIFICATION OF REGULATIONS AND POLICIES.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(u)(1) The Secretary and the Administrator shall in 
     cooperation with the United States Fish and Wildlife Service, 
     Natural Resources Conservation Service, and National Marine 
     Fisheries Service provide technical assistance to private 
     landowners in delineation of wetlands and the planning and 
     management of their wetlands. This assistance shall include--
       ``(A) the delineation of wetland boundaries within 90 days 
     (providing on the ground conditions allow) of a request for 
     such delineation for a project with a proposed individual 
     permit application under this section and a total assessed 
     value of less than $15,000; and
       ``(B) the provision of technical assistance to owners of 
     wetlands in the preparation of wetland management plans for 
     their lands to protect and restore wetlands and meet other 
     goals of this Act, including control of nonpoint and point 
     sources of pollution, prevention and reduction of erosion, 
     and protection of estuaries and lakes.
       ``(2) The Secretary shall prepare, update on a biannual 
     basis, and make available to the public for purchase at cost, 
     an indexed publication containing all Federal regulations, 
     general permits, and regulatory guidance letters relevant to 
     the permitting of activities in wetland areas pursuant to 
     section 404(a). The Secretary and the Administrator shall 
     also prepare and distribute brochures and pamphlets for the 
     public addressing--
       ``(A) the delineation of wetlands,
       ``(B) wetland permitting requirements; and
       ``(C) wetland restoration and other matters considered 
     relevant.''.
     SEC. 809. DELINEATION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(v) The United States Army Corps of Engineers, the United 
     States Environmental Protection Agency, and other Federal 
     agencies shall use the 1987 Corps of Engineers Manual for the 
     Delineation of Jurisdictional Wetlands pursuant to this 
     section until a new manual has been prepared and formally 
     adopted by the Corps and the Environmental Protection Agency 
     with input from the United States Fish and Wildlife Service, 
     Natural Resources, Natural Resources Conservation Service, 
     and other relevant agencies and adopted after field testing, 
     hearing, and public comment. Any new manual shall take into 
     account the conclusions of the National Academy of Sciences 
     panel concerning the delineation of wetlands. The Corps in 
     cooperation with the Environmental Protection Agency shall 
     develop materials and conduct training courses for 
     consultants, State, and local governments, and landowners 
     explaining the use of the corps 1987 wetland manual in the 
     delineation of wetland areas. The Corps in cooperation with 
     the Environmental Protection Agency may also, in cooperation 
     with the States, develop supplemental criteria and procedures 
     for identification of regional wetland types. Such criteria 
     and procedures may include supplemental plant and soil lists 
     and supplementary technical criteria pertaining to wetland 
     hydrology, soils, and vegetation.''.
     [[Page H4623]] SEC. 810. FAST TRACK FOR MINOR PERMITS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(w)(1) Not later than 6 months after the date of 
     enactment of this subsection, the Secretary shall issue 
     regulations to explore the review and practice of individual 
     permits for minor activities. Minor activities include 
     activities of 1 acre or less in size which also have minor 
     direct, secondary, or cumulative impacts.
       ``(2) Permit applications for minor permits shall 
     ordinarily be processed within 60 days of the receipt of 
     completed application.
       ``(3) The Secretary shall establish fast-track field teams 
     or other procedures in the individual offices sufficient to 
     expedite the processing of the individual permits involving 
     minor activities.''.

     SEC. 811. COMPENSATORY MITIGATION.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(x) General Requirements.--(1) Each permit issued under 
     this section that results in loss of wetland functions or 
     acreage shall require compensatory mitigation. The preferred 
     sequence of mitigation options is as set forth in 
     subparagraph (A) and (C). However, the Secretary shall have 
     sufficient flexibility to approve practical options that 
     provide the most protection to the resource--
       ``(A) measures shall first be undertaken by the permittee 
     to avoid any adverse effects on wetlands caused by activities 
     authorized by the permit.
       ``(B) measures shall be undertaken by the permittee to 
     minimize any such adverse effects that cannot be avoided;
       ``(C) measures shall then be undertaken by the permittee to 
     compensate for adverse impacts on wetland functions, values, 
     and acreage;
       ``(D) where compensatory mitigation is used, preference 
     shall be given to in-kind restoration on the same water body 
     and within the same local watershed;
       ``(E) where on-site and in-kind compensatory mitigation are 
     impossible, impractical, would fail to work in the 
     circumstances, or would not make ecological sense, off-site 
     and/or out-of-kind compensatory mitigation may be permitted 
     within the watershed including participation in cooperative 
     mitigation ventures or mitigation banks as provided in 
     section 404(y).
       ``(2) The Secretary in consultation with the Administrator 
     shall ensure that compensable mitigation by a permitee--
       ``(A) is a specific, enforceable condition of the permit 
     for which it is required;
       ``(B) will meet defined success criteria; and
       ``(C) is monitored to ensure compliance with the conditions 
     of the permit and to determine the effectiveness of the 
     mitigation in compensating for the adverse effects for which 
     it is required.''.

     SEC. 812. COOPERATIVE MITIGATION VENTURES AND MITIGATION 
                   BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(y)(1) Not later than 1 year after the date of the 
     enactment of this Act, the Secretary and the Administrator 
     shall jointly issue rules for a system of cooperative 
     mitigation ventures and wetland banks. Such rules shall, at 
     the minimum, address the following topics:
       ``(A) Mitigation banks and cooperative ventures may be used 
     on a watershed basis to compensate for unavoidable wetland 
     losses which cannot be compensated on-site due to inadequate 
     hydrologic conditions, excessive sedimentation, water 
     pollution, or other problems. Mitigation banks and 
     cooperative ventures may also be used to improve the 
     potential success of compensatory mitigation through the use 
     of larger projects, by locating projects in areas in more 
     favorable short-term and long-term hydrology and proximity to 
     other wetlands and waters, and by helping to ensure short-
     term and long-term project protection, monitoring, and 
     maintenance.
       ``(B) Parties who may establish mitigation banks and 
     cooperative mitigation ventures for use in specific context 
     and for particular types of wetlands may include government 
     agencies, nonprofits, and private individuals.
       ``(C) Surveys and inventories on a watershed basis of 
     potential mitigation sites throughout a region or State shall 
     ordinarily be required prior to the establishment of 
     mitigation banks and cooperative ventures pursuant to this 
     section.
       ``(D) Mitigation banks and cooperative mitigation ventures 
     shall be used in a manner consistent with the sequencing 
     requirements to mitigate unavoidable wetland impacts. Impacts 
     should be mitigated within the watershed and water body if 
     possible with on-site mitigation preferable as set forth in 
     section 404(x).
       ``(E) The long-term security of ownership interests of 
     wetlands and uplands on which projects are conducted shall be 
     insured to protect the wetlands values associated with those 
     wetlands and uplands;
       ``(F) Methods shall be specified to determine debits by 
     evaluating wetland functions, values, and acreages at the 
     sites of proposed permits for discharges or alternations 
     pursuant to subsections (a), (c), and (g) and methods to be 
     used to determine credits based upon functions, values, and 
     acreages at the times of mitigation banks and cooperative 
     mitigation ventures.
       ``(G) Geographic restrictions on the use of banks and 
     cooperative mitigation ventures shall be specified. In 
     general, mitigation banks or cooperative ventures shall be 
     located on the same water body as impacted wetlands. If this 
     is not possible or practical, banks or ventures shall be 
     located as near as possible to impacted projects with 
     preference given to the same watershed where the impact is 
     occurring.
       ``(H) Compensation ratios for restoration, creation, 
     enhancement, and preservation reflecting and overall goal of 
     no net loss of function and the status of scientific 
     knowledge with regard to compensation
      for individual wetlands, risks, costs, and other relevant 
     factors shall be specified. A minimum restoration 
     compensation ratio of 1:1 shall be required for 
     restoration of lost acreage with larger compensation 
     ratios for wetland creation, enhancement and preservation.
       ``(I) Fees to be charged for participation in a bank or 
     cooperative mitigation venture shall be based upon the costs 
     of replacing lost functions and acreage on-site and off-site; 
     the risks of project failure, the costs of long-term 
     maintenance, monitoring, and protection, and other relevant 
     factors.
       ``(J) Responsibilities for long-term monitoring, 
     maintenance, and protection shall be specified.
       ``(K) Public review of proposals for mitigation banks and 
     cooperative mitigation ventures through one or more public 
     hearings shall be provided.
       ``(2) The Secretary, in consultation with the 
     Administrator, is authorized to establish and implement a 
     demonstration program for creating and implementing 
     mitigation banks and cooperative ventures and for evaluating 
     alternative approaches for mitigation banks and cooperative 
     mitigation ventures as a means of contributing to the goals 
     established by section 101(a)(8) or section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 401 and 403). The Secretary shall 
     also monitor and evaluate existing banks and cooperative 
     ventures and establish a number of such banks and cooperative 
     ventures to test and demonstrate:
       ``(A) The technical feasibility of compensation for lost 
     on-site values through off-site cooperative mitigation 
     ventures and mitigation banks.
       ``(B) Techniques for evaluating lost wetland functions and 
     values at sites for which permits are sought pursuant to 
     section 404(a) and techniques for determining appropriate 
     credits and debits at the sites of cooperative mitigation 
     ventures and mitigation banks.
       ``(C) The adequacy of alternative institutional 
     arrangements for establishing and administering mitigation 
     banks and cooperative mitigation ventures.
       ``(D) The appropriate geographical locations of bank or 
     cooperative mitigation ventures in compensation for lost 
     functions and values.
       ``(E) Mechanisms for ensuring short-term and long-term 
     project monitoring and maintenance.
       ``(F) Techniques and incentives for involving private 
     individuals in establishing and implementing mitigation banks 
     and cooperative mitigation ventures.

     Not later than 3 years after the date of the enactment of 
     this subsection, the Secretary shall transmit to Congress a 
     report evaluating mitigation banks and cooperative ventures. 
     The Secretary shall also, within this time period, prepare 
     educational materials and conduct training programs with 
     regard to the use of mitigation banks and cooperative 
     ventures.''.

     SEC. 813. WETLANDS MONITORING AND RESEARCH.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(z) The Secretary, in cooperation with the Administrator, 
     the Director of the United States Fish and Wildlife Service, 
     and appropriate State and local government entities, shall 
     initiate, with opportunity for public notice and comment, a 
     research program of wetlands and watershed management. The 
     purposes of the research program shall include, but not be 
     limited--
       ``(1) to study the functions, values and management needs 
     of altered, artificial, and managed wetland systems including 
     lands that were converted to production of commodity crops 
     prior to December 23, 1985, and report to Congress within 2 
     years of the date of the enactment of this subsection;
       ``(2) to study techniques for managing and restoring 
     wetlands within a watershed context;
       ``(3) to study techniques for better coordinating and 
     integrating wetland, floodplain, stormwater, point and 
     nonpoint source pollution controls, and water supply planning 
     and plan implementation on a watershed basis at all levels of 
     government; and
       ``(4) to establish a national wetland regulatory tracking 
     program on a watershed basis.

     This program shall track the individual and cumulative impact 
     of permits issued pursuant to section 404(a), 404(e), and 
     404(h) in terms of types of permits issued, conditions, and 
     approvals. The tracking program shall also include mitigation 
     required in terms of the amount required, types required, and 
     compliance.''.

     SEC. 814. DEFINITIONS.

       Section 502 (33 U.S.C. 1362) is amended by adding at the 
     end the following:
       ``(28) The term `wetland' means those areas that are 
     inundated or saturated by surface water or ground water at a 
     frequency and duration sufficient to support, and that under 
     normal circumstances do support, a prevalence of vegetation 
     typically adapted to life in saturated soil conditions.
     [[Page H4624]]   ``(29) The term `discharge of dredged or 
     fill material' means the act of discharging and any related 
     act of filling, grading, draining, dredging, excavation, 
     channelization, flooding, clearing of vegetation, driving of 
     piling or placement of other obstructions, diversion of 
     water, or other activities in navigable waters which impair 
     the flow, reach, or circulation of surface water, or which 
     result in a more than minimal change in the hydrologic 
     regime, bottom contour, or configuration of such waters, or 
     in the type, distribution, or diversity of vegetation in such 
     waters.
       ``(30) The term `mitigation bank' shall mean wetland 
     restoration, creation, or enhancement projects undertaken 
     primarily for the purpose of providing mitigation 
     compensation credits for wetland losses from future 
     activities. Often these activities will be, as yet, 
     undefined.
       ``(31) The term `cooperative mitigation ventures' shall 
     mean wetland restoration, creation, or enhancement projects 
     undertaken jointly by several parties (such as private, 
     public, and nonprofit parties) with the primary goal of 
     providing compensation for wetland losses from existing or 
     specific proposed activities. Some compensation credits may 
     also be provided for future as yet undefined activities. Most 
     cooperative mitigation ventures will involve at least one 
     private and one public cooperating party.''.
       Conform the table of contents of the bill accordingly.

                                H.R. 961

                        Offered By: Mr. Boehlert

       Amendment No. 4: Page 115, strike line 5 and all that 
     follows through line 3 on page 117 and insert the following:
       (n) Coastal Zone Management.--Section 6217 of the Coastal 
     Zone Act Reauthorization Amendments of 1990 (16 U.S.C. 1451 
     note) is amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``(A)'' after ``Program development.--''; 
     and
       (B) by adding at the end the following:
       ``(B) A State that has not received Federal approval for 
     the State's core coastal management program pursuant to 
     section 306 of the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1455) shall have 30 months from the date of approval 
     of such program to submit a Coastal Nonpoint Pollution 
     Program pursuant to this section. Any such State shall also 
     be eligible for any extension of time for submittal of the 
     State's nonpoint program that may be received by a State with 
     a federally approved coastal management program.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``to protect coastal waters
      generally'' and inserting ``to restore and protect coastal 
     waters where the State has determined that coastal waters 
     are threatened or significantly degraded'';
       (3) in subsection (b)(3)--
       (A) by striking ``The implementation'' and inserting ``A 
     schedule for the implementation''; and
       (B) by inserting ``, and no less often than once every 5 
     years,'' after ``from time to time'';
       (4) in subsection (b) by adding at the end the following:
       ``(7) Identification of priority areas.--A prioritization 
     of the areas in the State in which management measures will 
     be implemented.'';
       (5) in subsection (c) by adding at the end the following:
       ``(5) Conditional approval.--The Secretary and 
     Administrator may grant conditional approval to a State's 
     program where the State requests additional time to complete 
     the development of its program. During the period during 
     which the State's program is subject to conditional approval, 
     the penalty provisions of paragraphs (3) and (4) shall not 
     apply.'';
       (6) in subsection (h)(1) by striking ``, 1993, and 1994'' 
     and inserting ``through 2000''; and
       (7) in subsection (h)(2)(B)(iv) by striking ``fiscal year 
     1995'' and inserting ``each of fiscal years 1995 through 
     2000''.

                                H.R. 961

                        Offered By: Mr. Boehlert

       Amendment No. 5: Page 133, strike line 15 and all that 
     follows through line 9 on page 170 and insert the following:

     SEC. 322. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

       (a) Deadlines.--Section 402(p) (33 U.S.C. 1343(p)) is 
     amended--
       (1) in paragraph (1) by striking ``1994'' and inserting 
     ``2005''; and
       (2) in paragraph (6) by striking ``1993'' and inserting 
     ``2005''.
       (b) Prohibition on Numeric Effluent Limitations for 
     Municipal Discharges.--Section 402(p)(3) is amended by adding 
     at the end of the following:
       ``(C) Prohibition on numeric effluent limitations for 
     municipal discharges.--Permits for municipal separate storm 
     sewers shall not include numeric effluent limitations.''.

       Conform the table of contents of the bill accordingly.
                                H.R. 961

               (Amendment in the Nature of a Substitute)

                        Offered by: Mr. Boehlert

       Amendment No. 6: Strike all after the enacting clause and 
     insert the following:
     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Clean 
     Water Amendments of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.

                 TITLE I--RESEARCH AND RELATED PROGRAMS

Sec. 101. Research, investigations, training, and information.
Sec. 102. State management assistance.
Sec. 103. Mine water pollution control.
Sec. 104. Water sanitation in rural and Native Alaska villages.
Sec. 105. Authorization of appropriations for Chesapeake program.
Sec. 106. Great Lakes management.

                     TITLE II--CONSTRUCTION GRANTS

Sec. 201. Uses of funds.
Sec. 202. Administration of closeout of construction grant program.
Sec. 203. Sewage collection systems.
Sec. 204. Value engineering review.
Sec. 205. Grants for wastewater treatment.

                  TITLE III--STANDARDS AND ENFORCEMENT

Sec. 301. Arid areas.
Sec. 302. Secondary treatment.
Sec. 303. Federal facilities.
Sec. 304. National estuary program.
Sec. 305. Nonpoint source management programs.
Sec. 306. Coastal zone management.
Sec. 307. Comprehensive watershed management.
Sec. 308. Revision of effluent limitations.

                     TITLE IV--PERMITS AND LICENSES

Sec. 401. Waste treatment systems for concentrated animal feeding 
              operations.
Sec. 402. Municipal and industrial stormwater discharges.
Sec. 403. Intake credits.
Sec. 404. Combined sewer overflows.
Sec. 405. Abandoned mines.
Sec. 406. Beneficial use of biosolids.

                      TITLE V--GENERAL PROVISIONS

Sec. 501. Publicly owned treatment works defined.
Sec. 502. Implementation of water pollution laws with respect to 
              vegetable oil.
Sec. 503. Needs estimate.
Sec. 504. Food processing and food safety.
Sec. 505. Audit dispute resolution.

        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

Sec. 601. General authority for capitalization grants.
Sec. 602. Capitalization grant agreements.
Sec. 603. Water pollution control revolving loan funds.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
Sec. 606. State nonpoint source water pollution control revolving 
              funds.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Technical amendments.
Sec. 702. John A. Blatnik National Fresh Water Quality Research 
              Laboratory.
Sec. 703. Wastewater service for colonias.
Sec. 704. Savings in municipal drinking water costs.

            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings and purposes.
Sec. 803. State, local, and landowner technical assistance and 
              cooperative training.
Sec. 804. Federal, State, and Local Government Coordinating Committee.
Sec. 805. State and local wetland conservation plans and strategies; 
              grants to facilitate the implementation of section 404.
Sec. 806. National cooperative wetland ecosystem restoration strategy.
Sec. 807. Permits for discharge of dredged or fill material.
Sec. 808. Technical assistance to private landowners, codification of 
              regulations and policies.
Sec. 809. Delineation.
Sec. 810. Fast track for minor permits.
Sec. 811. Compensatory mitigation.
Sec. 812. Cooperative mitigation ventures and mitigation banks.
Sec. 813. Wetlands monitoring and research.
Sec. 814. Administrative appeals.
Sec. 815. Cranberry production.
Sec. 816. State classification systems.
Sec. 817. Definitions.
     SEC. 2. DEFINITION.

       In this Act, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

     SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Federal Water Pollution Control Act 
     (33 U.S.C. 1251-1387).
                 TITLE I--RESEARCH AND RELATED PROGRAMS

     SEC. 101. RESEARCH, INVESTIGATIONS, TRAINING, AND 
                   INFORMATION.

       (a) National Programs.--Section 104(a) (33 U.S.C. 1254(a)) 
     is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
     [[Page H4625]]   (3) by adding at the end the following:
       ``(7) in cooperation with appropriate Federal, State, and 
     local agencies, conduct, promote, and encourage to the 
     maximum extent feasible, in watersheds that may be 
     significantly affected by nonpoint sources of pollution, 
     monitoring and measurement of water quality by means and 
     methods that will help to identify the relative contributions 
     of particular nonpoint sources.''.
       (b) Grants to Local Governments.--Section 104(b)(3) (33 
     U.S.C. 1254(b)(3)) is amended by inserting ``local 
     governments,'' after ``interstate agencies,''.
       (c) Technical Assistance for Rural and Small Treatment 
     Works.--Section 104(b) (33 U.S.C. 1254(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(8) make grants to nonprofit organizations to provide 
     technical assistance and training to rural and small publicly 
     owned treatment works to enable such treatment works to 
     achieve and maintain compliance with the requirements of this 
     Act; and
       ``(9) disseminate information to rural, small, and 
     disadvantaged communities with respect to the planning, 
     design, construction, and operation of treatment works.''.
       (d) Wastewater Treatment in Impoverished Communities.--
     Section 104(q) (33 U.S.C. 1254(q)) is amended by adding at 
     the end the following:
       ``(5) Small impoverished communities.--
       ``(A) Grants.--The Administrator may make grants to States 
     to provide assistance for planning, design, and construction 
     of publicly owned treatment works to provide wastewater 
     services to rural communities of 3,000 or less that are not 
     currently served by any sewage collection or water treatment 
     system and are severely economically disadvantaged, as 
     determined by the Administrator.
       ``(B) Authorization.--There is authorized to be 
     appropriated to carry out this paragraph $50,000,000 per 
     fiscal year for fiscal years 1996 through 2000.''.
       (e) Authorization of Appropriations.--Section 104(u) (33 
     U.S.C. 1254(u)) is amended--
       (1) by striking ``and'' before ``(6)''; and
       (2) by inserting before the period at the end the 
     following: ``; and (7) not to exceed $50,000,000 per fiscal 
     year for each of fiscal years 1996 through 2000 for carrying 
     out the provisions of subsections (b)(3), (b)(8), and (b)(9), 
     except that not less than
      20 percent of the sums appropriated pursuant to this clause 
     shall be available for carrying out the provisions of 
     subsections (b)(8) and (b)(9)''.

     SEC. 102. STATE MANAGEMENT ASSISTANCE.

       Section 106(a) (33 U.S.C. 1256(a)) is amended--
       (1) by striking ``and'' before ``$75,000,000'';
       (2) by inserting after ``1990'' the following: ``, such 
     sums as may be necessary for each of fiscal years 1991 
     through 1995, and $150,000,000 per fiscal year for each of 
     fiscal years 1996 through 2000''; and
       (3) by adding at the end the following: ``States or 
     interstate agencies receiving grants under this section may 
     use such funds to finance, with other States or interstate 
     agencies, studies and projects on interstate issues relating 
     to such programs.''.

     SEC. 103. MINE WATER POLLUTION CONTROL.

       Section 107 (33 U.S.C. 1257) is amended to read as follows:

     ``SEC. 107. MINE WATER POLLUTION CONTROL.

       ``(a) Acidic and Other Toxic Mine Drainage.--The 
     Administrator shall establish a program to demonstrate the 
     efficacy of measures for abatement of the causes and 
     treatment of the effects of acidic and other toxic mine 
     drainage within qualified hydrologic units affected by past 
     coal mining practices for the purpose of restoring the 
     biological integrity of waters within such units.
       ``(b) Grants.--
       ``(1) In general.--Any State or Indian tribe may apply to 
     the Administrator for a grant for any project which provides 
     for abatement of the causes or treatment of the effects of 
     acidic or other toxic mine drainage within a qualified 
     hydrologic unit affected by past coal mining practices.
       ``(2) Application requirements.--An application submitted 
     to the Administrator under this section shall include each of 
     the following:
       ``(A) An identification of the qualified hydrologic unit.
       ``(B) A description of the extent to which acidic or other 
     toxic mine drainage is affecting the water quality and 
     biological resources within the hydrologic unit.
       ``(C) An identification of the sources of acidic or other 
     toxic mine drainage within the hydrologic unit.
       ``(D) An identification of the project and the measures 
     proposed to be undertaken to abate the causes or treat the 
     effects of acidic or other toxic mine drainage within the 
     hydrologic unit.
       ``(E) The cost of undertaking the proposed abatement or 
     treatment measures.
       ``(c) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project receiving grant assistance under this section shall 
     be 50 percent.
       ``(2) Lands, easements, and rights-of-way.--Contributions 
     of lands, easements, and rights-of-way shall be credited 
     toward the non-Federal share of the cost of a project under 
     this section but not in an amount exceeding 25 percent of the 
     total project cost.
       ``(3) Operation and maintenance.--The non-Federal interest 
     shall bear 100 percent of the cost of operation and 
     maintenance of a project under this section.
       ``(d) Prohibited Projects.--No acidic or other toxic mine 
     drainage abatement or treatment project may receive 
     assistance under this section if the project would adversely 
     affect the free-flowing characteristics of any river segment 
     within a qualified hydrologic unit.
       ``(e) Applications From Federal Entities.--Any Federal 
     entity may apply to the Administrator for
      a grant under this section for the purposes of an acidic or 
     toxic mine drainage abatement or treatment project within 
     a qualified hydrologic unit located on lands and waters 
     under the administrative jurisdiction of such entity.
       ``(f) Approval.--The Administrator shall approve an 
     application submitted pursuant to subsection (b) or (e) after 
     determining that the application meets the requirements of 
     this section.
       ``(g) Qualified Hydrologic Unit Defined.--For purposes of 
     this section, the term `qualified hydrologic unit' means a 
     hydrologic unit--
       ``(1) in which the water quality has been significantly 
     affected by acidic or other toxic mine drainage from past 
     coal mining practices in a manner which adversely impacts 
     biological resources; and
       ``(2) which contains lands and waters eligible for 
     assistance under title IV of the Surface Mining and 
     Reclamation Act of 1977.''.

     SEC. 104. WATER SANITATION IN RURAL AND NATIVE ALASKA 
                   VILLAGES.

       (a) In General.--Section 113 (33 U.S.C. 1263) is amended by 
     striking the section heading and designation and subsections 
     (a) through (f) and inserting the following:

     ``SEC. 113. ALASKA VILLAGE PROJECTS AND PROGRAMS.

       ``(a) Grants.--The Administrator is authorized to make 
     grants--
       ``(1) for the development and construction of facilities 
     which provide sanitation services for rural and Native Alaska 
     villages;
       ``(2) for training, technical assistance, and educational 
     programs relating to operation and maintenance for sanitation 
     services in rural and Native Alaska villages; and
       ``(3) for reasonable costs of administering and managing 
     grants made and programs and projects carried out under this 
     section; except that not to exceed 4 percent of the amount of 
     any grant made under this section may be made for such costs.
       ``(b) Federal Share.--A grant under this section shall be 
     50 percent of the cost of the program or project being 
     carried out with such grant.
       ``(c) Special Rule.--The Administrator shall award grants 
     under this section for project construction following the 
     rules specified in subpart H of part 1942 of title 7 of the 
     Code of Federal Regulations.
       ``(d) Grants to State for Benefit of Villages.--Grants 
     under this section may be made to the State for the benefit 
     of rural Alaska villages and Alaska Native villages.
       ``(e) Coordination.--In carrying out activities under this 
     subsection, the Administrator is directed to coordinate 
     efforts between the State of Alaska, the Secretary of Housing 
     and Urban Development, the Secretary of Health and Human 
     Services, the Secretary of the Interior, the Secretary of 
     Agriculture, and the recipients of grants.
       ``(f) Funding.--There is authorized to be appropriated 
     $25,000,000 for fiscal years beginning after September 30, 
     1995, to carry out this section.''.
       (b) Conforming Amendment.--Section 113(g) is amended by 
     inserting after ``(g)'' the following: ``Definitions.--''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS FOR CHESAPEAKE 
                   PROGRAM.

       Section 117(d) (33 U.S.C. 1267(d)) is amended--
       (1) in paragraph (1), by inserting ``such sums as may be 
     necessary for fiscal years 1991 through 1995, and $3,000,000 
     per fiscal year for each of fiscal years 1996 through 2000'' 
     after ``1990,''; and
       (2) in paragraph (2), by inserting ``such sums as may be 
     necessary for fiscal years 1991 through 1995, and $18,000,000 
     per fiscal year for each of fiscal years 1996 through 2000'' 
     after ``1990,''.

     SEC. 106. GREAT LAKES MANAGEMENT.

       (a) Great Lakes Research Council.--
       (1) In general.--Section 118 (33 U.S.C. 1268) is amended--
       (A) in subsection (a)(3)--
       (i) by striking subparagraph (E) and inserting the 
     following:
       ``(E) `Council' means the Great Lakes Research Council 
     established by subsection (d)(1);'';
       (ii) by striking ``and'' at the end of subparagraph (I);
       (iii) by striking the period at the end of subparagraph (J) 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(K) `Great Lakes research' means the application of 
     scientific or engineering expertise to explain, understand, 
     and predict a physical, chemical, biological, or 
     socioeconomic process, or the interaction of 1 or more of the 
     processes, in the Great Lakes ecosystem.'';
       (B) by striking subsection (d) and inserting the following:
       ``(d) Great Lakes Research Council.--
       ``(1) Establishment of council.--There is established a 
     Great Lakes Research Council.
       ``(2) Duties of council.--The Council--
       [[Page H4626]] ``(A) shall advise and promote the 
     coordination of Federal Great Lakes research activities to 
     avoid unnecessary duplication and ensure greater 
     effectiveness in achieving protection of the Great Lakes 
     ecosystem through the goals of the Great Lakes Water Quality 
     Agreement;
       ``(B) not later than 1 year after the date of the enactment 
     of this subparagraph and biennially thereafter and after 
     providing opportunity for public review and comment, shall 
     prepare and provide to interested parties a document that 
     includes--
       ``(i) an assessment of the Great Lakes research activities 
     needed to fulfill the goals of the Great Lakes Water Quality 
     Agreement;
       ``(ii) an assessment of Federal expertise and capabilities 
     in the activities needed to fulfill the goals of the Great 
     Lakes Water Quality Agreement, including an inventory of 
     Federal Great Lakes research programs, projects, facilities, 
     and personnel; and
       ``(iii) recommendations for long-term and short-term 
     priorities for Federal Great Lakes research, based on a 
     comparison of the assessments conducted under clauses (i) and 
     (ii);
       ``(C) shall identify topics for and participate in 
     meetings, workshops, symposia, and conferences on Great Lakes 
     research issues;
       ``(D) shall make recommendations for the uniform collection 
     of data for enhancing Great Lakes research and management 
     protocols relating to the Great Lakes ecosystem;
       ``(E) shall advise and cooperate in--
       ``(i) improving the compatible integration of multimedia 
     data concerning the Great Lakes ecosystem; and
       ``(ii) any effort to establish a comprehensive multimedia 
     data base for the Great Lakes ecosystem; and
       ``(F) shall ensure that the results, findings, and 
     information regarding Great Lakes research programs conducted 
     or sponsored by the Federal Government are disseminated in a
      timely manner, and in useful forms, to interested persons, 
     using to the maximum extent practicable mechanisms in 
     existence on the date of the dissemination, such as the 
     Great Lakes Research Inventory prepared by the 
     International Joint Commission.
       ``(3) Membership.--
       ``(A) In general.--The Council shall consist of 1 research 
     manager with extensive knowledge of, and scientific expertise 
     and experience in, the Great Lakes ecosystem from each of the 
     following agencies and instrumentalities:
       ``(i) The Agency.
       ``(ii) The National Oceanic and Atmospheric Administration.
       ``(iii) The National Biological Service.
       ``(iv) The United States Fish and Wildlife Service.
       ``(v) Any other Federal agency or instrumentality that 
     expends $1,000,000 or more for a fiscal year on Great Lakes 
     research.
       ``(vi) Any other Federal agency or instrumentality that a 
     majority of the Council membership determines should be 
     represented on the Council.
       ``(B) Nonvoting members.--At the request of a majority of 
     the Council membership, any person who is a representative of 
     a Federal agency or instrumentality not described in 
     subparagraph (A) or any person who is not a Federal employee 
     may serve as a nonvoting member of the Council.
       ``(4) Chairperson.--The chairperson of the Council shall be 
     a member of the Council from an agency specified in clause 
     (i), (ii), or (iii) of paragraph (3)(A) who is elected by a 
     majority vote of the members of the Council. The chairperson 
     shall serve as chairperson for a period of 2 years. A member 
     of the Council may not serve as chairperson for more than 2 
     consecutive terms.
       ``(5) Expenses.--While performing official duties as a 
     member of the Council, a member shall be allowed travel or 
     transportation expenses under section 5703 of title 5, United 
     States Code.
       ``(6) Interagency cooperation.--The head of each Federal 
     agency or instrumentality that is represented on the 
     Council--
       ``(A) shall cooperate with the Council in implementing the 
     recommendations developed under paragraph (2);
       ``(B) on written request of the chairperson of the Council, 
     may make available, on a reimbursable basis or otherwise, 
     such personnel, services, or facilities as may be necessary 
     to assist the Council in carrying out the duties of the 
     Council under this section; and
       ``(C) on written request of the chairperson, shall furnish 
     data or information necessary to carry out the duties of the 
     Council under this section.
       ``(7) International cooperation.--The Council shall 
     cooperate, to the maximum extent practicable, with the 
     research coordination efforts of the Council of Great Lakes 
     Research Managers of the International Joint Commission.
       ``(8) Reimbursement for requested activities.--Each Federal 
     agency or instrumentality represented on the Council may 
     reimburse another Federal agency or instrumentality or a non-
     Federal entity for costs associated with activities 
     authorized under this subsection that are carried out by the
      other agency, instrumentality, or entity at the request of 
     the Council.
       ``(9) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Council.
       ``(10) Effect on other law.--Nothing in this subsection 
     affects the authority of any Federal agency or 
     instrumentality, under any law, to undertake Great Lakes 
     research activities.'';
       (C) in subsection (e)--
       (i) in paragraph (1) by striking ``the Program Office and 
     the Research Office shall prepare a joint research plan'' and 
     inserting ``the Program Office, in consultation with the 
     Council, shall prepare a research plan''; and
       (ii) in paragraph (3)(A) by striking ``the Research Office, 
     the Agency for Toxic Substances and Disease Registry, and 
     Great Lakes States'' and inserting ``the Council, the Agency 
     for Toxic Substances and Disease Registry, and Great Lakes 
     States,''; and
       (D) in subsection (h)--
       (i) by adding ``and'' at the end of paragraph (1);
       (ii) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (iii) by striking paragraph (3).
       (2) Conforming Amendment.--The second sentence of section 
     403(a) of the Marine Protection, Research, and Sanctuaries 
     Act of 1972 (16 U.S.C. 1447b(a)) is amended by striking 
     ``Great Lakes Research Office authorized under'' and 
     inserting ``Great Lakes Research Council established by''.
       (b) Consistency of Programs With Federal Guidance.--Section 
     118(c)(2)(C) (33 U.S.C. 1268(c)(2)(C)) is amended by adding 
     at the end the following: ``For purposes of this section, a 
     State's standards, policies, and procedures shall be 
     considered consistent with such guidance if the standards, 
     policies, and procedures are based on scientifically 
     defensible judgments and policy choices made by the State 
     after consideration of the guidance and provide an overall 
     level of protection comparable to that provided by the 
     guidance, taking into account the specific circumstances of 
     the State's waters.''.
       (c) Reauthorization of Assessment and Remediation of 
     Contaminated Sediments Program.--Section 118(c)(7) is amended 
     by adding at the end the following:
       ``(D) Reauthorization of assessment and remediation of 
     contaminated sediments program.--
       ``(i) In general.--The Administrator, acting through the 
     Program Office, in consultation and cooperation with the 
     Assistant Secretary of the Army having responsibility for 
     civil works, shall conduct at least 3 pilot projects 
     involving promising technologies and practices to remedy 
     contaminated sediments (including at least 1 full-scale 
     demonstration of a remediation technology) at sites in the 
     Great Lakes System, as the Administrator determines 
     appropriate.
       ``(ii) Selection of sites.--In selecting sites for the 
     pilot projects, the Administrator shall give priority 
     consideration to--
       ``(I) the Ashtabula River in Ohio;
       ``(II) the Buffalo River in New York;
       ``(III) Duluth and Superior Harbor in Minnesota;
       ``(IV) the Fox River in Wisconsin;
       ``(V) the Grand Calumet River in Indiana; and
       ``(VI) Saginaw Bay in Michigan.
       ``(iii) Deadlines.--In carrying out this subparagraph, the 
     Administrator shall--
       ``(I) not later than 18 months after the date of the 
     enactment of this subparagraph, identify at least 3 sites and 
     the technologies and practices to be demonstrated at the 
     sites (including at least 1 full-scale demonstration of a 
     remediation technology); and
       ``(II) not later than 5 years after such date of enactment, 
     complete at least 3 pilot projects (including at least 1 
     full-scale demonstration of a remediation technology).
       ``(iv) Additional projects.--The Administrator, acting 
     through the Program Office, in consultation and cooperation 
     with the Assistant Secretary of the Army having 
     responsibility for civil works, may conduct additional pilot- 
     and full-scale pilot projects involving promising 
     technologies and practices at sites in the Great Lakes System 
     other than the sites selected under clause (i).
       ``(v) Execution of projects.--The Administrator may 
     cooperate with the Assistant Secretary of the Army having 
     responsibility for civil works to plan, engineer, design, and 
     execute pilot projects under this subparagraph.
       ``(vi) Non-federal contributions.--The Administrator may 
     accept non-Federal contributions to carry out pilot projects 
     under this subparagraph.
       ``(vii) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $3,500,000 for each of fiscal years 1996 through 2000.
       ``(E) Technical information and assistance.--
       ``(i) In general.--The Administrator, acting through the 
     Program Office, may provide technical information and 
     assistance involving technologies and practices for 
     remediation of contaminated sediments to persons that request 
     the information or assistance.
       ``(ii) Technical assistance priorities.--In providing 
     technical assistance under this subparagraph, the 
     Administrator, acting through the Program Office, shall give 
     special priority to requests for integrated assessments of, 
     and recommendations regarding, remediation technologies and 
     practices for contaminated sediments at Great Lakes areas of 
     concern.
       ``(iii) Coordination with other demonstrations.--The 
     Administrator shall--
       ``(I) coordinate technology demonstrations conducted under 
     this subparagraph with other federally assisted 
     demonstrations of contaminated sediment remediation 
     technologies; and

[[Page H4627]]

       ``(II) share information from the demonstrations conducted 
     under this subparagraph with the other demonstrations.
       ``(iv) Other sediment remediation activities--Nothing in 
     this subparagraph limits the authority of the Administrator 
     to carry out sediment remediation activities under other 
     laws.
       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $1,000,000 for each of fiscal years 1996 through 2000.''.
       (d) Authorization of Appropriations.--
       (1) Research and management.--Section 118(e)(3)(B) (33 
     U.S.C. 1268(e)(3)(B)) is amended by inserting before the 
     period at the end the following: ``, such sums as may be 
     necessary for fiscal year 1995, and $4,000,000 per fiscal 
     year for each of fiscal years 1996, 1997, and 1998''.
       (2) Great lakes programs.--Section 118(h) (33 U.S.C. 
     1268(h)) is amended--
       (A) by striking ``and'' before ``$25,000,000''; and
       (B) by inserting before the period at the end of the first 
     sentence the following: ``, such sums as may be necessary for 
     fiscal years 1992 through 1995, and $17,500,000 per fiscal 
     year for each of fiscal years 1996 through 2000''.
                     TITLE II--CONSTRUCTION GRANTS

     SEC. 201. USES OF FUNDS.

       (a) Nonpoint Source Program.--Section 201(g)(1) (33 U.S.C. 
     1281(g)(1)) is amended by striking the period at the end of 
     the first sentence and all that follows through the period at 
     the end of the last sentence and inserting the following: 
     ``and for any purpose for which a grant may be made under 
     sections 319(h) and 319(i) of this Act (including any 
     innovative and alternative approaches for the control of 
     nonpoint sources of pollution).''.
       (b) Retroactive Eligibility.--Section 201(g)(1) is further 
     amended by adding at the end the following: ``The 
     Administrator, with the concurrence of the States, shall 
     develop procedures to facilitate and expedite the retroactive 
     eligibility and provision of grant funding for facilities 
     already under construction.''.

     SEC. 202. ADMINISTRATION OF CLOSEOUT OF CONSTRUCTION GRANT 
                   PROGRAM.

       Section 205(g)(1) (33 U.S.C. 1285(g)(1)) is amended by 
     adding at the end the following: ``The Administrator may 
     negotiate an annual budget with a State for the purpose of 
     administering the closeout of the State's construction grants 
     program under this title. Sums made available for 
     administering such closeout shall be subtracted from amounts 
     remaining available for obligation under the State's 
     construction grant program under this title.''.

     SEC. 203. SEWAGE COLLECTION SYSTEMS.

       Section 211(a) (33 U.S.C. 1291(a)) is amended--
       (1) in clause (1) by striking ``an existing collection 
     system'' and inserting ``a collection system existing on the 
     date of the enactment of the Clean Water Amendments of 
     1995''; and
       (2) in clause (2)--
       (A) by striking ``an existing community'' and inserting ``a 
     community existing on such date of enactment''; and
       (B) by striking ``sufficient existing'' and inserting 
     ``sufficient capacity existing on such date of enactment''.

     SEC. 204. VALUE ENGINEERING REVIEW.

       Section 218(c) (33 U.S.C. 1298(c)) is amended by striking 
     ``$10,000,000'' and inserting ``$25,000,000''.
     SEC. 205. GRANTS FOR WASTEWATER TREATMENT.

       (a) Coastal Localities.--The Administrator shall make 
     grants under title II of the Federal Water Pollution Control 
     Act to appropriate instrumentalities for the purpose of 
     construction of treatment works (including combined sewer 
     overflow facilities) to serve coastal localities. No less 
     than $10,000,000 of the amount of such grants shall be used 
     for water infrastructure improvements in New Orleans, no less 
     than $3,000,000 of the amount of such grants shall be used 
     for water infrastructure improvements in Bristol County, 
     Massachusetts, and no less than \1/3\ of the amount of such 
     grants shall be used to assist localities that meet both of 
     the following criteria:
       (1) Need.--A locality that has over $2,000,000,000 in 
     category I treatment needs documented and accepted in the 
     Environmental Protection Agency's 1992 Needs Survey database 
     as of February 4, 1993.
       (2) Hardship.--A locality that has wastewater user charges, 
     for residential use of 7,000 gallons per month based on Ernst 
     & Young National Water and Wastewater 1992 Rate Survey, 
     greater than 0.65 percent of 1989 median household income for 
     the metropolitan statistical area in which such locality is 
     located as measured by the Bureau of the Census.
       (b) Federal Share.--Notwithstanding section 202(a)(1) of 
     the Federal Water Pollution Control Act, the Federal share of 
     grants under subsection (a) shall be 80 percent of the cost 
     of construction, and the non-Federal share shall be 20 
     percent of the cost of construction.
       (c) Small Communities.--The Administrator shall make grants 
     to States for the purpose of providing assistance for the 
     construction of treatment works to serve small communities as 
     defined by the State; except that the term ``small 
     communities'' may not include any locality with a population 
     greater than 75,000. Funds made available to carry out this 
     subsection shall be allotted by the Administrator to the 
     States in accordance with the allotment formula contained in 
     section 604(a) of the Federal Water Pollution Control Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under this section 
     $300,000,000 for fiscal year 1996. Such sums shall remain 
     available until expended and shall be equally divided between 
     subsections (a) and (c) of this section. Such authorization 
     of appropriation shall take effect only if the total amount 
     appropriated for fiscal year 1996 to carry out title VI of 
     the Federal Water Pollution Control Act is at least 
     $3,000,000,000.
                  TITLE III--STANDARDS AND ENFORCEMENT

     SEC. 301. ARID AREAS.

       (a) Constructed Water Conveyances.--Section 303(c)(2) (33 
     U.S.C. 1313(c)(2)) is amended by adding at the end the 
     following:
       ``(D) Standards for constructed water conveyances.--
       ``(i) Relevant factors.--If a State exercises jurisdiction 
     over constructed water conveyances in establishing standards 
     under this section, the State may consider the following:

       ``(I) The existing and planned uses of water transported in 
     a conveyance system.
       ``(II) Any water quality impacts resulting from any return 
     flow from a constructed water conveyance to navigable waters 
     and the need to protect downstream users.
       ``(III) Management practices necessary to maintain the 
     conveyance system.
       ``(IV) State or regional water resources management and 
     water conservation plans.
       ``(V) The authorized purpose for the constructed 
     conveyance.

       ``(ii) Relevant uses.--If a State adopts or reviews water 
     quality standards for constructed water conveyances, it shall 
     not be required to establish recreation, aquatic life, or 
     fish consumption uses for such systems if the uses are not 
     existing or reasonably foreseeable or such uses impede the 
     authorized uses of the conveyance system.''.
       (b) Criteria and Guidance for Ephemeral and Effluent-
     Dependent Streams.--Section 304(a) (33 U.S.C. 1314(a)) is 
     amended by adding at the end the following:
       ``(9) Criteria and guidance for ephemeral and effluent-
     dependent streams.--
       ``(A) Development.--Not later than 2 years after the date 
     of the enactment of this paragraph, and after providing 
     notice and opportunity for public comment, the Administrator 
     shall develop and publish--
       ``(i) criteria for ephemeral and effluent-dependent 
     streams; and
       ``(ii) guidance to the States on development and adoption 
     of water quality standards applicable to such streams.
       ``(B) Factors.--The criteria and guidance developed under 
     subparagraph (A) shall take into account the limited ability 
     of ephemeral and effluent-dependent streams to support 
     aquatic life and certain designated uses, shall include 
     consideration of the role the discharge may play in 
     maintaining the flow or level of such waters, and shall 
     promote the beneficial use of reclaimed water pursuant to 
     section 101(a)(10).''.
       (c) Factors Required To Be Considered by Administrator.--
     Section 303(c)(4) is amended by adding at the end the 
     following: ``In revising or adopting any new standard for 
     ephemeral or effluent-dependent streams under this paragraph, 
     the Administrator shall consider the factors referred to in 
     section 304(a)(9)(B).''.
       (d) Definitions.--Section 502 (33 U.S.C. 1362) is amended 
     by adding at the end the following:
       ``(21) The term `effluent-dependent stream' means a stream 
     or a segment thereof--
       ``(A) with respect to which the flow (based on the annual 
     average expected flow, determined by calculating the average 
     mode over a 10-year period) is primarily attributable to the 
     discharge of treated wastewater;
       ``(B) that, in the absence of a discharge of treated 
     wastewater and other primary anthropogenic surface or 
     subsurface flows, would be an ephemeral stream; or
       ``(C) that is an effluent-dependent stream under applicable 
     State water quality standards.
       ``(22) The term `ephemeral stream' means a stream or 
     segments thereof that flows periodically in response to 
     precipitation, snowmelt, or runoff.
       ``(23) The term `constructed water conveyance' means a 
     manmade water transport system constructed for the purpose of 
     transporting water in a waterway that is not and never was a 
     natural perennial waterway.''.

     SEC. 302. SECONDARY TREATMENT.

       (a) Coastal Discharges.--Section 304(d) (33 U.S.C. 1314(d)) 
     is amended by adding at the end the following:
       ``(5) Coastal discharges.--For purposes of this subsection, 
     any municipal wastewater treatment facility shall be deemed 
     the equivalent of a secondary treatment facility if each of 
     the following requirements is met:
       ``(A) The facility employs chemically enhanced primary 
     treatment.
       ``(B) The facility, on the date of the enactment of this 
     paragraph, discharges through an ocean outfall into an open 
     marine environment greater than 4 miles offshore into a depth 
     greater than 300 feet.
       ``(C) The facility's discharge is in compliance with all 
     local and State water quality standards for the receiving 
     waters.
       ``(D) The facility's discharge will be subject to an ocean 
     monitoring program acceptable to relevant Federal and State 
     regulatory agencies.''.
       [[Page H4628]] (b) Modification of Secondary Treatment 
     Requirements.--
       (1) In general.--Section 301 (33 U.S.C. 1311) is amended by 
     adding at the end the following:
       ``(s) Modification of Secondary Treatment Requirements.--
       ``(1) In general.--The Administrator, with the concurrence 
     of the State, shall issue a 10-year
      permit under section 402 which modifies the requirements of 
     subsection (b)(1)(B) of this section with respect to the 
     discharge of any pollutant from a publicly owned treatment 
     works into marine waters which are at least 150 feet deep 
     through an ocean outfall which discharges at least 1 mile 
     offshore, if the applicant demonstrates that--
       ``(A) there is an applicable ocean plan and the facility's 
     discharge is in compliance with all local and State water 
     quality standards for the receiving waters;
       ``(B) the facility's discharge will be subject to an ocean 
     monitoring program determined to be acceptable by relevant 
     Federal and State regulatory agencies;
       ``(C) the applicant has an Agency approved pretreatment 
     plan in place; and
       ``(D) the applicant, at the time such modification becomes 
     effective, will be discharging effluent which has received at 
     least chemically enhanced primary treatment and achieves a 
     monthly average of 75 percent removal of suspended solids.
       ``(2) Discharge of any pollutant into marine waters 
     defined.--For purposes of this subsection, the term 
     `discharge of any pollutant into marine waters' means a 
     discharge into deep waters of the territorial sea or the 
     waters of the contiguous zone, or into saline estuarine 
     waters where there is strong tidal movement.
       ``(3) Deadline.--On or before the 90th day after the date 
     of submittal of an application for a modification under 
     paragraph (1), the Administrator shall issue to the applicant 
     a modified permit under section 402 or a written 
     determination that the application does not meet the terms 
     and conditions of this subsection.
       ``(4) Effect of failure to respond.--If the Administrator 
     does not respond to an application for a modification under 
     paragraph (1) on or before the 90th day referred to in 
     paragraph (3), the application shall be deemed approved and 
     the modification sought by the applicant shall be in effect 
     for the succeeding 10-year period.''.
       (2) Extension of application deadline.--Section 301(j) (33 
     U.S.C. 1311(j)) is amended by adding at the end the 
     following:
       ``(6) Extension of application deadline.--In the 365-day 
     period beginning on the date of the enactment of this 
     paragraph, municipalities may apply for a modification 
     pursuant to subsection (s) of the requirements of subsection 
     (b)(1)(B) of this section.''.
       (c) Modifications for Small System Treatment 
     Technologies.--Section 301 (33 U.S.C. 1311) is amended by 
     adding at the end the following:
       ``(t) Modifications for Small System Treatment 
     Technologies.--The Administrator, with the concurrence of the 
     State, or a State with an approved program under section 402 
     may issue a permit under section 402 which modifies the 
     requirements of subsection (b)(1)(B) of this section with 
     respect to the discharge of any pollutant from a publicly 
     owned treatment works serving a community of 20,000 people or 
     fewer if the applicant demonstrates to the satisfaction of 
     the Administrator that--
       ``(1) the effluent from such facility originates primarily 
     from domestic users; and
       ``(2) such facility utilizes a properly constructed and 
     operated alternative treatment system (including 
     recirculating sand filter systems, constructed wetlands, and 
     oxidation lagoons) which is equivalent to secondary treatment 
     or will provide in the receiving waters and watershed an 
     adequate level of protection
      to human health and the environment and contribute to the 
     attainment of water quality standards.''.
       (d) Puerto Rico.--Section 301 (33 U.S.C. 1311) is further 
     amended by adding at the end the following:
       ``(u) Puerto Rico.--
       ``(1) Study by government of puerto rico.--Not later than 3 
     months after the date of the enactment of this section, the 
     Government of Puerto Rico may, after consultation with the 
     Administrator, initiate a study of the marine environment of 
     Anasco Bay off the coast of the Mayaguez region of Puerto 
     Rico to determine the feasibility of constructing a deepwater 
     outfall for the publicly owned treatment works located at 
     Mayaguez, Puerto Rico. Such study shall recommend one or more 
     technically feasible locations for the deepwater outfall 
     based on the effects of such outfall on the marine 
     environment.
       ``(2) Application for modification.--Notwithstanding 
     subsection (j)(1)(A), not later than 18 months after the date 
     of the enactment of this section, an application may be 
     submitted for a modification pursuant to subsection (h) of 
     the requirements of subsection (b)(1)(B) of this section by 
     the owner of the publicly owned treatment works at Mayaguez, 
     Puerto Rico, for a deepwater outfall at a location 
     recommended in the study conducted pursuant to paragraph (1).
       ``(3) Initial determination.--On or before the 90th day 
     after the date of submittal of an application for 
     modification under paragraph (2), the Administrator shall 
     issue to the applicant a draft initial determination 
     regarding the modification of the existing permit.
       ``(4) Final determination.--On or before the 270th day 
     after the date of submittal of an application for 
     modification under paragraph (2), the Administrator shall 
     issue a final determination regarding such modification.
       ``(5) Effectiveness.--If a modification is granted pursuant 
     to an application submitted under this subsection, such 
     modification shall be effective only if the new deepwater 
     outfall is operational within 5 years after the date of the 
     enactment of this subsection. In all other aspects, such 
     modification shall be effective for the period applicable to 
     all modifications granted under subsection (h).''.

     SEC. 303. FEDERAL FACILITIES.

       (a) Application of Certain Provisions.--Section 313(a) (33 
     U.S.C. 1323(a)) is amended by striking all preceding 
     subsection (b) and inserting the following:
     ``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

       ``(a) Applicability of Federal, State, Interstate, and 
     Local Laws.--
       ``(1) In general.--Each department, agency, or 
     instrumentality of the executive, legislative, and judicial 
     branches of the Federal Government--
       ``(A) having jurisdiction over any property or facility, or
       ``(B) engaged in any activity resulting, or which may 
     result, in the discharge or runoff of pollutants,

     and each officer, agent, or employee thereof in the 
     performance of his official duties, shall be subject to, and 
     comply with, all Federal, State, interstate, and local 
     requirements, administrative authority, and process and 
     sanctions respecting the control and abatement of water 
     pollution in the same manner and to the same extent as any 
     nongovernmental entity, including the payment of reasonable 
     service charges.
       ``(2) Types of actions covered.--Paragraph (1) shall 
     apply--
       ``(A) to any requirement whether substantive or procedural 
     (including any recordkeeping or reporting requirement, any 
     requirement respecting permits, and any other requirement),
       ``(B) to the exercise of any Federal, State, or local 
     administrative authority, and
       ``(C) to any process and sanction, whether enforced in 
     Federal, State, or local courts or in any other manner.
       ``(3) Penalties and fines.--The Federal, State, interstate, 
     and local substantive and procedural requirements, 
     administrative authority, and process and sanctions referred 
     to in paragraph (1) include all administrative orders and all 
     civil and administrative penalties and fines, regardless of 
     whether such penalties or fines are punitive or coercive in 
     nature or are imposed for isolated, intermittent, or 
     continuing violations.
       ``(4) Sovereign immunity.--
       ``(A) Waiver.--The United States hereby expressly waives 
     any immunity otherwise applicable to the United States with 
     respect to any requirement, administrative authority, and 
     process and sanctions referred to in paragraph (1) (including 
     any injunctive relief, any administrative order, any civil or 
     administrative penalty or fine referred to in paragraph (3), 
     or any reasonable service charge).
       ``(B) Processing fees.--The reasonable service charges 
     referred to in this paragraph include fees or charges 
     assessed in connection with the processing and issuance of 
     permits, renewal of permits, amendments to permits, review of 
     plans, studies, and other documents, and inspection and 
     monitoring of facilities, as well as any other 
     nondiscriminatory charges that are assessed in connection 
     with a Federal, State, interstate, or local water pollution 
     regulatory program.
       ``(5) Exemptions.--
       ``(A) General authority of president.--The President may 
     exempt any effluent source of any department, agency, or 
     instrumentality in the executive branch from compliance with 
     any requirement to which paragraph (1) applies if the 
     President determines it to be in the paramount interest of 
     the United States to do so; except that no exemption may be 
     granted from the requirements of section 306 or 307 of this 
     Act.
       ``(B) Limitation.--No exemptions shall be granted under 
     subparagraph (A) due to lack of appropriation unless the 
     President shall have specifically requested such 
     appropriation as a part of the budgetary process and the 
     Congress shall have failed to make available such requested 
     appropriation.
       ``(C) Time period.--Any exemption under subparagraph (A) 
     shall be for a period not in excess of 1 year, but additional 
     exemptions may be granted for periods of not to exceed 1 year 
     upon the President's making a new determination.
       ``(D) Military property.--In addition to any exemption of a 
     particular effluent source, the President may, if the 
     President determines it to be in the paramount interest of 
     the United States to do so, issue regulations exempting from 
     compliance with the requirements of this section any 
     weaponry, equipment, aircraft, vessels, vehicles, or other 
     classes or categories of property, and access to such 
     property, which are owned or operated by the Armed Forces of
      the United States (including the Coast Guard) or by the 
     National Guard of any State and which are uniquely 
     military in nature. The President shall reconsider the 
     need for such regulations at 3-year intervals.
       ``(E) Reports.--The President shall report each January to 
     the Congress all exemptions 
     [[Page H4629]] from the requirements of this section granted 
     during the preceding calendar year, together with the 
     President's reason for granting such exemption.
       ``(6) Venue.--Nothing in this section shall be construed to 
     prevent any department, agency, or instrumentality of the 
     Federal Government, or any officer, agent, or employee 
     thereof in the performance of official duties, from removing 
     to the appropriate Federal district court any proceeding to 
     which the department, agency, or instrumentality or officer, 
     agent, or employee thereof is subject pursuant to this 
     section, and any such proceeding may be removed in accordance 
     with chapter 89 of title 28, United States Code.
       ``(7) Personal liability of federal employees.--No agent, 
     employee, or officer of the United States shall be personally 
     liable for any civil penalty under any Federal, State, 
     interstate, or local water pollution law with respect to any 
     act or omission within the scope of the official duties of 
     the agent, employee, or officer.
       ``(8) Criminal sanctions.--An agent, employee, or officer 
     of the United States shall be subject to any criminal 
     sanction (including any fine or imprisonment) under any 
     Federal or State water pollution law, but no department, 
     agency, or instrumentality of the executive, legislative, or 
     judicial branch of the Federal Government shall be subject to 
     any such sanction.''.
       (b) Funds Collected by a State.--Section 313 (33 U.S.C. 
     1323) is further amended by adding at the end the following:
       ``(c) Limitation on State Use of Funds.--Unless a State law 
     in effect on the date of the enactment of this subsection or 
     a State constitution requires the funds to be used in a 
     different manner, all funds collected by a State from the 
     Federal Government in penalties and fines imposed for the 
     violation of a substantive or procedural requirement referred 
     to in subsection (a) shall be used by a State only for 
     projects designed to improve or protect the environment or to 
     defray the costs of environmental protection or 
     enforcement.''.
       (c) Enforcement.--Section 313 is further amended by adding 
     at the end the following:
       ``(d) Federal Facility Enforcement.--
       ``(1) Administrative enforcement by epa.--The Administrator 
     may commence an administrative enforcement action against any 
     department, agency, or instrumentality of the executive, 
     legislative, or judicial branch of the Federal Government 
     pursuant to the enforcement authorities contained in this 
     Act.
       ``(2) Procedure.--The Administrator shall initiate an 
     administrative enforcement action against a department, 
     agency, or instrumentality under this subsection in the same 
     manner and under the same circumstances as an action would be 
     initiated against any other person under this Act. The amount 
     of any administrative penalty imposed under this subsection 
     shall be determined in accordance with section 309(d) of this 
     Act.
       ``(3) Voluntary settlement.--Any voluntary resolution or 
     settlement of an action under this subsection shall be set 
     forth in an administrative consent order.
       ``(4) Conferral with epa.--No administrative order issued 
     to a department, agency, or instrumentality under this 
     section shall become final until such department, agency, or 
     instrumentality has had the opportunity to confer with the 
     Administrator.''.
       (d) Limitation on Actions and Right of Intervention.--
     Section 313 is further amended by adding at the end the 
     following:
       ``(e) Limitation on Actions and Right of Intervention.--Any 
     violation with respect to which the Administrator has 
     commenced and is diligently prosecuting an action under this 
     subsection, or for which the Administrator has issued a final 
     order and the violator has either paid a penalty or fine 
     assessed under this subsection or is subject to an 
     enforceable schedule of corrective actions, shall not be the 
     subject of an action under section 505 of this Act. In any 
     action under this subsection, any citizen may intervene as a 
     matter of right.''.
       (e) Definition of Person.--Section 502(5) (33 U.S.C. 
     1362(5)) is amended by inserting before the period at the end 
     the following: ``and includes any department, agency, or 
     instrumentality of the United States''.
       (f) Definition of Radioactive Materials.--Section 502 (33 
     U.S.C. 1362) is amended by adding at the end the following:
       ``(24) The term `radioactive materials' includes source 
     materials, special nuclear materials, and byproduct materials 
     (as such terms are defined under the Atomic Energy Act of 
     1954) which are used, produced, or managed at facilities not 
     licensed by the Nuclear Regulatory Commission; except that 
     such term does not include any material which is discharged 
     from a vessel or other facility covered by Executive Order 
     12344 (42 U.S.C. 7158 note; relating to the Naval Nuclear 
     Propulsion Program).''.
       (g) Conforming Amendments.--Section 313(b) (33 U.S.C. 
     1323(b)) is amended--
       (1) by striking ``(b)(1)'' and inserting the following:
       ``(b) Wastewater Facilities.--
       ``(1) Cooperation for use of wastewater control systems.--
     '';
       (2) in paragraph (2) by inserting ``Limitation on 
     construction.--'' before ``Construction''; and
       (3) by moving paragraphs (1) and (2) 2 ems to the right.
       (h) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall only apply to violations occurring after such date 
     of enactment.

     SEC. 304. NATIONAL ESTUARY PROGRAM.

       (a) Findings.--The Congress finds the following:
       (1) The Nation's estuaries are a vital natural resource to 
     which many regional economies are closely tied.
       (2) Many of the Nation's estuaries are under a severe 
     threat from point source pollution and polluted run-off 
     (nonpoint source pollution) and from habitat alteration and 
     destruction.
       (3) Only through expanded investments in waste water 
     treatment and other water and sediment pollution control and 
     prevention efforts can the environmental and economic values 
     of the Nation's estuaries be restored and protected.
       (4) The National Estuary Program created under the Federal 
     Water Pollution Control Act has significantly advanced the 
     Nation's understanding of the declining condition of the 
     Nation's estuaries.
       (5) The National Estuary Program has also provided precise 
     information about the corrective and preventative measures 
     required to reverse the degradation of water and sediment 
     quality and to halt the alteration and destruction of vital 
     habitat in the Nation's estuaries.
       (6) The level of funding available to States, 
     municipalities, and the Environmental Protection Agency for 
     implementation of approved conservation and management plans 
     is inadequate, and additional financial resources must be 
     provided.
       (7) Funding for implementation of approved conservation and 
     management plans should be provided under the State revolving 
     loan fund program authorized by title VI of the Federal Water 
     Pollution Control Act.
       (8) Authorization levels for State revolving loan fund 
     capitalization grants should be increased by an amount 
     necessary to ensure the achievement of the goals of the 
     Federal Water Pollution Control Act.
       (b) Technical Amendment.--Section 320(a)(2)(B) (33 U.S.C. 
     1330(a)(2)(B)) is amended to read as follows:
       ``(B) Priority consideration.--The Administrator shall give 
     priority consideration under this section to Long Island 
     Sound, New York and Connecticut; Narragansett Bay, Rhode 
     Island; Buzzards Bay, Massachusetts; Massachusetts Bay, 
     Massachusetts (including Cape Cod Bay and Boston Harbor); 
     Puget Sound, Washington; New York-New Jersey Harbor, New York 
     and New Jersey; Delaware Bay, Delaware and New Jersey; 
     Delaware Inland Bays, Delaware; Albemarle Sound, North 
     Carolina; Sarasota Bay, Florida; San Francisco Bay, 
     California; Santa Monica Bay, California; Galveston Bay, 
     Texas; Barataria-Terrebonne Bay estuary complex, Louisiana; 
     Indian River Lagoon, Florida; Charlotte Harbor, Florida; 
     Barnegat Bay, New Jersey; and Peconic Bay, New York.''.
       (c) Grants.--Section 320(g)(2) (33 U.S.C. 1330(g)(2)) is 
     amended by inserting ``and implementation monitoring'' after 
     ``development''.
       (d) Authorization of Appropriations.--Section 320(i) (33 
     U.S.C. 1330(i)) is amended by striking ``1987'' and all that 
     follows through ``1991'' and inserting the following: ``1987 
     through 1991, such sums as may be necessary for fiscal years 
     1992 through 1995, and $19,000,000 per fiscal year for each 
     of fiscal years 1996 through 2000''.

     SEC. 305. NONPOINT SOURCE MANAGEMENT PROGRAMS.

       (a) Review and Revision.--Section 319(b) (33 U.S.C. 
     1329(b)) is amended by adding at the end the following:
       ``(5) Review and revision.--Not later than 18 months after 
     the date of the enactment of this paragraph, the State shall 
     review and revise the report required by this subsection and 
     submit such revised report to the Administrator for 
     approval.''.
       (b) Approval or Disapproval of Management Programs.--
     Section 319(d)(1) (33 U.S.C. 1329(d)(1)) is amended by 
     inserting ``or revised management program'' after 
     ``management program'' each place it appears.
       (c) Grants for Protecting Ground Water Quality.--Section 
     319(i)(3) (33 U.S.C. 1329(i)(3)) is amended by striking 
     ``$150,000'' and inserting ``$500,000''.
       (d) Authorization of Appropriations.--Section 319(j) (33 
     U.S.C. 1329(j)) is amended--
       (1) by striking ``and'' before ``$130,000,000'';
       (2) by inserting after ``1991'' the following: ``, such 
     sums as may be necessary for fiscal years 1992 through 1995, 
     $100,000,000 for fiscal year 1996, $150,000,000 for fiscal 
     year 1997, $200,000,000 for fiscal year 1998, $250,000,000 
     for fiscal year 1999, and $300,000,000 for fiscal year 
     2000''; and
       (3) by striking ``$7,500,000'' and inserting 
     ``$25,000,000''.
       (e) Agricultural Inputs.--Section 319 (33 U.S.C. 1329) is 
     amended by adding at the end the following:
       ``(o) Agricultural Inputs.--For the purposes of this Act, 
     any land application of livestock manure shall not be 
     considered a point source and shall be subject to enforcement 
     only under this section.''.
     SEC. 306. COASTAL ZONE MANAGEMENT.

       Section 6217 of the Coastal Zone Act Reauthorization 
     Amendments of 1990 (16 U.S.C. 1451 note) is amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``(A)'' after ``Program development.--''; 
     and
       (B) by adding at the end the following:
       ``(B) A State that has not received Federal approval for 
     the State's core coastal management program pursuant to 
     section 306 of 
     [[Page H4630]] the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1455) shall have 30 months from the date of approval 
     of such program to submit a Coastal Nonpoint Pollution 
     Program pursuant to this section. Any such State shall also 
     be eligible for any extension of time for submittal of the 
     State's nonpoint program that may be received by a State with 
     a federally approved coastal management program.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``to protect coastal waters generally'' and 
     inserting ``to restore and protect coastal waters where the 
     State has determined that coastal waters are threatened or 
     significantly degraded'';
       (3) in subsection (b)(3)--
       (A) by striking ``The implementation'' and inserting ``A 
     schedule for the implementation''; and
       (B) by inserting ``, and no less often than once every 5 
     years,'' after ``from time to time'';
       (4) in subsection (b) by adding at the end the following:
       ``(7) Identification of priority areas.--A prioritization 
     of the areas in the State in which management measures will 
     be implemented.'';
       (5) in subsection (c) by adding at the end the following:
       ``(5) Conditional approval.--The Secretary and 
     Administrator may grant conditional approval to a State's 
     program where the State requests additional time to complete 
     the development of its program. During the period during 
     which the State's program is subject to conditional approval, 
     the penalty provisions of paragraphs (3) and (4) shall not 
     apply.'';
       (6) in subsection (h)(1) by striking ``, 1993, and 1994'' 
     and inserting ``through 2000''; and
       (7) in subsection (h)(2)(B)(iv) by striking ``fiscal year 
     1995'' and inserting ``each of fiscal years 1995 through 
     2000''.
     SEC. 307. COMPREHENSIVE WATERSHED MANAGEMENT.

       (a) In General.--Title III (33 U.S.C. 1300-1330) is amended 
     by adding at the end the following:

     ``SEC. 321. COMPREHENSIVE WATERSHED MANAGEMENT.

       ``(a) Findings, Purpose, and Definitions.--
       ``(1) Findings.--Congress finds that comprehensive 
     watershed management will further the goals and objectives of 
     this Act by--
       ``(A) identifying more fully water quality impairments and 
     the pollutants, sources, and activities causing the 
     impairments;
       ``(B) integrating water protection quality efforts under 
     this Act with other natural resource protection efforts, 
     including Federal efforts to define and protect ecological 
     systems (including the waters and the living resources 
     supported by the waters);
       ``(C) defining long-term social, economic, and natural 
     resource objectives and the water quality necessary to attain 
     or maintain the objectives;
       ``(D) increasing, through citizen participation in the 
     watershed management process, public support for improved 
     water quality;
       ``(E) identifying priority water quality problems that need 
     immediate attention; and
       ``(F) identifying the most cost-effective measures to 
     achieve the objectives of this Act.
       ``(2) Purpose.--The purpose of this section is to encourage 
     comprehensive watershed management in maintaining and 
     enhancing water quality, in restoring and protecting living 
     resources supported by the waters, and in ensuring waters of 
     a quality sufficient to meet human needs, including water 
     supply and recreation.
       ``(3) Definitions.--In this section, the following 
     definitions apply:
       ``(A) Ecosystem.--The term `ecosystem' means the community 
     of plants and animals (including humans) and the environment 
     (including surface water, the ground water with which it 
     interacts, and riparian areas) upon which that community 
     depends.
       ``(B) Environmental objectives.--The term `environmental 
     objectives' means the goals specified by States or State-
     designated watershed management entities to protect, restore, 
     and maintain water resources and aquatic ecosystems within a 
     watershed, including applicable water quality standards and 
     wetlands protection goals established under the Act.
       ``(C) State.--The term `State' includes Indian tribes 
     eligible under section 518(e).
       ``(b) State Watershed Program.--
       ``(1) Submittal.--A State, at any time, may submit to the 
     Administrator for approval a watershed management program for 
     the State.
       ``(2) Approval.--The Administrator shall approve a State 
     watershed program submitted under paragraph (1) if the 
     program, at a minimum, contains the following elements:
       ``(A) An identification of the State agency generally 
     responsible for overseeing and approving watershed management 
     plans and a designation of watershed management entities and 
     lead responsibilities for such entities. Such entities may 
     include other State agencies and sub-State agencies.
       ``(B) A description of the scope of the program. In 
     determining the scope of the program, the State may choose to 
     address all watersheds within the State over a period of time 
     or to concentrate efforts on selected watersheds. Within each 
     watershed, the issues to be addressed should be based on a 
     comprehensive analysis of the problems within the watershed. 
     The scope
      of the program may expand over a period of time both in 
     terms of the number of watersheds and the issues addressed 
     by the program.
       ``(C) An identification of watershed management units for 
     which watershed management plans will be developed. In 
     selecting such units, the State shall consider those waters 
     in the State that are water quality threatened or impaired or 
     are otherwise in need of special protection. To the extent 
     practicable, the boundaries of each watershed management unit 
     shall be consistent with United States Geological Service 
     hydrological units.
       ``(D) A description of activities required of watershed 
     management entities (as specified under subsection (f)(1)) 
     and a description of the State's approval process for 
     watershed management plans.
       ``(E) A specification of an effective public participation 
     process, including procedures to encourage the public to 
     participate in developing and implementing watershed 
     management plans.
       ``(F) An identification of the statewide environmental 
     objectives that will be pursued in each watershed. Such 
     objectives, at a minimum, shall include State water quality 
     standards and goals under this Act, and, as appropriate, 
     other objectives such as habitat restoration and biological 
     diversity.
       ``(2) Deadline.--The Administrator, after consultation with 
     other Federal agencies, shall approve or disapprove a State 
     watershed program submitted under paragraph (1) on or before 
     the 180th day following the date of the submittal. If a State 
     watershed program is disapproved, the State may modify and 
     resubmit its program under paragraph (1).
       ``(3) Annual report.--A State with an approved watershed 
     program under this subsection shall provide to the 
     Administrator an annual report summarizing the status of the 
     program, including a description of any modifications to the 
     program. An annual report submitted under this section may be 
     used by the State to satisfy reporting requirements under 
     sections 106, 314, 319, and 320.
       ``(4) Effective period of approvals.--An approval of a 
     State watershed program under paragraph (2) shall remain in 
     effect for a 5-year period beginning on the date of the 
     approval and may be renewed by the Administrator.
       ``(5) Withdrawal of approval.--Whenever the Administrator 
     determines after public hearing that a State is not 
     administering a watershed program approved under paragraph 
     (2) in accordance with requirements of this section, he shall 
     so notify the State and, if appropriate corrective action is 
     not taken within a reasonable time, not to exceed 90 days, 
     the Administrator shall withdraw approval of such program. 
     The Administrator shall not withdraw approval of any such 
     program unless he shall first have notified the State, and 
     made public, in writing, the reasons for such withdrawal.
       ``(c) Designation of Additional Watershed Management Units 
     and Entities.--A State with an approved watershed program 
     under this section may modify such program at any time in 
     order to designate additional watershed management units and 
     entities, including lead responsibilities, for the purpose of 
     developing and implementing watershed management plans.
       ``(d) Eligible Watershed Management and Planning 
     Activities.--The following watershed management activities 
     are eligible to receive assistance from
      the Administrator under sections 205(j), 319(h), and 604(b):
       ``(1) Characterizing waters and land uses.
       ``(2) Identifying problems within a watershed.
       ``(3) Selecting short-term and long-term goals for 
     watershed management.
       ``(4) Developing and implementing measures and practices to 
     meet identified goals.
       ``(5) Identifying and coordinating projects and activities 
     necessary to restore and maintain water quality or meet other 
     environmental objectives within the watershed.
       ``(6) Identifying the appropriate institutional 
     arrangements to carry out an approved watershed management 
     plan.
       ``(7) Updating an approved watershed management plan.
       ``(8) Any other activities deemed appropriate by the 
     Administrator.
       ``(e) Support for Watershed Management and Planning.--
       ``(1) Interagency committee.--There is established an 
     interagency committee to support comprehensive watershed 
     management and planning. The President shall appoint the 
     members of the committee. The members shall include a 
     representative from each Federal agency that carries out 
     programs and activities that may have a significant impact on 
     water quality or other natural resource values that may be 
     appropriately addressed through comprehensive watershed 
     management.
       ``(2) Use of other funds under this act.--The planning and 
     implementation activities carried out by a management entity 
     pursuant to this section may be carried out with funds made 
     available through the State pursuant to sections 205(j), 
     319(h), and 604(b).
       ``(f) Approved Plans.--
       ``(1) Minimum requirements.--A State with an approved 
     watershed program may approve a watershed management plan 
     when such plan satisfies the following conditions:
       ``(A) If the watershed includes waters that are not meeting 
     applicable water quality standards under this Act at the time 
     of submission, the plan--
       [[Page H4631]] ``(i) identifies the environmental 
     objectives of the plan including, at a minimum, State water 
     quality standards and goals under this Act, and any other 
     environmental objectives the planning entity deems 
     appropriate;
       ``(ii) identifies the stressors, pollutants, and sources 
     causing the impairment;
       ``(iii) identifies actions necessary to achieve the 
     environmental objectives of the plan, including source 
     reduction of pollutants to achieve any allocated load 
     reductions consistent with the requirements of section 303(d) 
     and the priority for implementing such actions;
       ``(iv) contains an implementation plan, with schedules, 
     milestones, projected completion dates, and the 
     identification of those persons responsible for implementing 
     the actions, demonstrating that water quality standards will 
     be attained as expeditiously as practicable, but not later 
     than deadlines in applicable sections of this Act and all 
     other environmental objectives identified in the watershed 
     management plan will be attained as expeditiously as 
     practicable;
       ``(v) contains an effective public participation process in 
     the development and implementation of the plan;
       ``(vi) specifies a process to monitor and evaluate progress 
     toward meeting environmental objectives; and
       ``(vii) specifies a process to revise the plan as needed.
       ``(B) For those waters in the watershed attaining water 
     quality standards at the time of submission (including 
     threatened waters), the plan identifies those projects and 
     activities necessary to maintain water quality standards and 
     attain or maintain other environmental objectives in the 
     future.
       ``(2) Terms of plan and plan approval.--Each plan submitted 
     and approved under this subsection shall extend for a period 
     of not less than 5 years and include a planning and 
     implementation schedule with milestones and completion dates 
     within that period. The approval by the State of a plan shall 
     apply for a period not exceed 5 years. A revised and updated 
     plan may be submitted prior to the expiration of the period 
     specified in the preceding sentence for approval pursuant to 
     the same conditions and requirements that apply to an initial 
     plan for a watershed that is approved pursuant to this 
     subsection.
       ``(g) Incentives for Watershed Management.--
       ``(1) Point source permits.--
       ``(A) In general.--Notwithstanding section 301(b)(1)(C), a 
     permit may be issued under section 402 with a limitation that 
     does not meet water quality standards, if--
       ``(i) the receiving water is in a watershed with an 
     approved watershed plan;
       ``(ii) the plan includes enforceable requirements under 
     State or local law for nonpoint source pollutant load 
     reductions that in combination with point source requirements 
     will meet water quality standards prior to the expiration of 
     plan; and
       ``(iii) the point source does not have a history of 
     significant noncompliance with its permit effluent 
     limitations, as determined by the Administrator or the State 
     (in the case with an approved permit under section 402).
       ``(B) Synchronized permit terms.--Notwithstanding section 
     402(b)(1)(B), the term of a permit issued under section 402 
     may be extended by 5 years if the discharge is located in a 
     watershed planning area for which a watershed management plan 
     is to be developed.
       ``(C) 10-year permit terms.--Notwithstanding section 
     402(b)(1)(B), the term of a permit issued under section 402 
     may be extended to 10 years for any point source located in a 
     watershed management unit for which a watershed management 
     plan has been approved if the plan provides for the 
     attainment and maintenance of water quality standards 
     (including designated uses) in the affected waters and unless 
     receiving waters are not meeting water quality standards due 
     to the point source discharge. Such permits may be revised at 
     any time if necessary to meet water quality standards.
       ``(2) Nonpoint source controls.--Not later than 30 months 
     after the date of the enactment of this section, a State with 
     an approved watershed program under this section may make a 
     showing to the Administrator that nonpoint source management
      practices different from those established in national 
     guidance issued by the Administrator under section 319 
     will attain water quality standards as expeditiously as 
     practicable and not later than the deadlines established 
     by this Act. If the Administrator is satisfied with such 
     showing, then the Administrator may approve the State's 
     nonpoint source management program that relies on such 
     practices as meeting the requirements of section 319. 
     Alternative watershed nonpoint source control practices 
     must be identified in the watershed management plan 
     adopted under subsection (f)(2) of this section.
       ``(3) Funding.--The Administrator may provide assistance to 
     a State with an approved watershed management program under 
     this section in the form of a multipurpose grant that would 
     provide for single application, workplan and review, 
     matching, oversight, and end-of-year closeout requirements 
     for grant funding under sections 104(b)(3), 104(g), 106, 
     314(b), 319, 320, and 604(b). A State with an approved 
     multipurpose grant may focus activities funded under such 
     sections on a priority basis consistent with State-approved 
     watershed management plans.
       ``(h) Guidance.--Not later than 12 months after the date of 
     the enactment of this section, and after consultation with 
     other appropriate agencies, the Administrator shall issue 
     guidance on recommended provisions to be included in State 
     watershed programs and State-approved watershed management 
     plans.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator for providing grants 
     to States to assist such States in carrying out activities 
     under this section $25,000,000 per fiscal year for each of 
     fiscal years 1996 through 2000.''.
       (b) Conforming Amendment.--Section 401(a)(1) (33 U.S.C. 
     1341(a)(1)) is amended by inserting ``and with the provisions 
     of a management plan approved by a State under section 321 of 
     this Act'' before the period at the end of the first 
     sentence.

     SEC. 308. REVISION OF EFFLUENT LIMITATIONS.

       (a) Elimination of Requirement for Annual Revision.--
     Section 304(b) (33 U.S.C. 1314(b)) is amended in the matter 
     preceding paragraph (1) by striking ``and, at least annually 
     thereafter,'' and inserting ``and thereafter shall''.
       (b) Special Rule.--Section 304(b) (33 U.S.C. 1314(b)) is 
     amended by striking the period at the end of the first 
     sentence and inserting the following: ``; except that 
     guidelines issued under paragraph (1)(A) addressing 
     pollutants identified pursuant to subsection (a)(4) shall not 
     be revised after February 15, 1995, to be more stringent 
     unless such revised guidelines meet the requirements of 
     paragraph (4)(A).''.
                     TITLE IV--PERMITS AND LICENSES

     SEC. 401. WASTE TREATMENT SYSTEMS FOR CONCENTRATED ANIMAL 
                   FEEDING OPERATIONS.

       Section 402(a) is amended by adding at the end the 
     following:
       ``(6) Concentrated animal feeding operations.--For purposes 
     of this section, waste treatment systems, including retention 
     ponds or lagoons, used to meet the requirements of this Act 
     for concentrated animal feeding operations, are not waters of 
     the United States. An existing concentrated animal feeding 
     operation that uses a natural topographic impoundment or 
     structure on the effective date of this Act, which is not 
     hydrologically connected to any other waters of the United 
     States, as a waste treatment system or wastewater retention 
     facility may continue to use that natural topographic feature 
     for waste storage regardless of its size, capacity, or 
     previous use.''.
     SEC. 402. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

       (a) Deadlines.--Section 402(p) (33 U.S.C. 1343(p)) is 
     amended--
       (1) in paragraph (1) by striking ``1994'' and inserting 
     ``2005''; and
       (2) in paragraph (6) by striking ``1993'' and inserting 
     ``2005''.
       (b) Prohibition on Numeric Effluent Limitations for 
     Municipal Discharges.--Section 402(p)(3) is amended by adding 
     at the end the following:
       ``(C) Prohibition on numeric effluent limitations for 
     municipal discharges.--Permits for municipal separate storm 
     sewers shall not include numeric effluent limitations.''.

     SEC. 403. INTAKE CREDITS.

       Section 402 (33 U.S.C. 1342) is amended by adding at the 
     end the following:
       ``(q) Intake Credits.--
       ``(1) In general.--Notwithstanding any provision of this 
     Act, in any effluent limitation or other limitation imposed 
     under the permit program established by the Administrator 
     under this section, any State permit program approved under 
     this section (including any program for implementation under 
     section 118(c)(2)), any standards established under section 
     307(a), or any program for industrial users established under 
     section 307(b), the Administrator, as applicable, shall or 
     the State, as applicable, may provide credits for pollutants 
     present in or caused by intake water such that an owner or 
     operator of a point source is not required to remove, reduce, 
     or treat the amount of any pollutant in an effluent below the 
     amount of such pollutant that is present in or caused by the 
     intake water for such facility--
       ``(A)(i) if the source of the intake water and the 
     receiving waters into which the effluent is ultimately 
     discharged are the same;
       ``(ii) if the source of the intake water meets the maximum 
     contaminant levels or treatment techniques for drinking water 
     contaminants established pursuant to the Safe Drinking Water 
     Act for the pollutant of concern; or
       ``(iii) if, at the time the limitation or standard is 
     established, the level of the pollutant in the intake water 
     is the same as or lower than the amount of the pollutant in 
     the receiving waters, taking into account analytical 
     variability; and
       ``(B) if, for conventional pollutants, the constituents of 
     the conventional pollutants in the intake water are the same 
     as the constituents of the conventional pollutants in the 
     effluent.
       ``(2) Allowance for incidental amounts.--In determining 
     whether the condition set forth in paragraph (1)(A)(i) is 
     being met, the Administrator shall or the State may, as 
     appropriate, make allowance for incidental amounts of intake 
     water from sources other than the receiving waters.
       ``(3) Credit for nonqualifying pollutants.--The 
     Administrator shall or a State may provide point sources an 
     appropriate credit for pollutants found in intake water that 
     does not meet the requirement of paragraph (1).
     [[Page H4632]]   ``(4) Monitoring.--Nothing in this section 
     precludes the Administrator or a State from requiring 
     monitoring of intake water, effluent, or receiving waters to 
     assist in the implementation of this section.''.
     SEC. 404. COMBINED SEWER OVERFLOWS.

       Section 402 (33 U.S.C. 1342) is amended by adding at the 
     end the following:
       ``(r) Combined Sewer Overflows.--
       ``(1) Requirement for permits.--Each permit issued pursuant 
     to this section for a discharge from a combined storm and 
     sanitary sewer shall conform with the combined sewer overflow 
     control policy signed by the Administrator on April 11, 1994.
       ``(2) Term of permit.--
       ``(A) Compliance deadline.--Notwithstanding any compliance 
     schedule under section 301(b), or any permit limitation under 
     section 402(b)(1)(B), the Administrator (or a State with a 
     program approved under subsection (b)) may issue a permit 
     pursuant to this section for a discharge from a combined 
     storm and sanitary sewer, that includes a schedule for 
     compliance with a long-term control plan under the control 
     policy referred to in paragraph (1), for a term not to exceed 
     15 years.
       ``(B) Extension.--Notwithstanding the compliance deadline 
     specified in subparagraph (A), the Administrator or a State 
     with a program approved under subsection (b) shall extend, on 
     request of an owner or operator of a combined storm and 
     sanitary sewer and subject to subparagraph (C), the period of 
     compliance beyond the last day of the 15-year period--
       ``(i) if the Administrator or the State determines that 
     compliance by such last day is not within the economic 
     capability of the owner or operator; and
       ``(ii) if the owner or operator demonstrates to the 
     satisfaction of the Administrator or the State reasonable 
     further progress towards compliance with a long-term control 
     plan under the control policy referred to in paragraph (1).
       ``(C) Limitations on extensions.--
       ``(i) Extension not appropriate.--Notwithstanding 
     subparagraph (B), the Administrator or the State need not 
     grant an extension of the compliance deadline specified in 
     subparagraph (A) if the Administrator or the State determines 
     that such an extension is not appropriate.
       ``(ii) New York-New Jersey.--Prior to granting an extension 
     under subparagraph (B) with respect to a combined sewer 
     overflow discharge originating in the State of New York or 
     New Jersey and affecting the other of such States, the 
     Administrator or the State from which the discharge 
     originates, as the case may be, shall provide written notice 
     of the proposed extension to the other State and shall not 
     grant the extension unless the other State approves the 
     extension or does not disapprove the extension within 90 days 
     of receiving such written notice.
       ``(3) Savings clause.--Any consent decree or court order 
     entered by a United States district court, or administrative 
     order issued by the Administrator, before the date of the 
     enactment of this subsection establishing any deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables, for the evaluation, design, or 
     construction of treatment works for control or elimination of 
     any discharge from a municipal combined storm and sanitary 
     sewer system shall be modified upon motion or request by any 
     party to such consent decree or court order, to extend to 
     December 31, 2009, at a minimum, any such deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables as is necessary to conform to the 
     policy referred to in paragraph (1) or otherwise
      achieve the objectives of this subsection. Notwithstanding 
     the preceding sentence, the period of compliance with 
     respect to a discharge referred to in paragraph (2)(C)(ii) 
     may only be extended in accordance with paragraph 
     (2)(C)(ii).''.

     SEC. 405. ABANDONED MINES.

       Section 402 (33 U.S.C. 1342) is further amended by 
     inserting after subsection (o) the following:
       ``(p) Permits for Remediating Party on Abandoned or 
     Inactive Mined Lands.--
       ``(1) Applicability.--Subject to this subsection, including 
     the requirements of paragraph (3), the Administrator, with 
     the concurrence of the concerned State or Indian tribe, may 
     issue a permit to a remediating party under this section for 
     discharges associated with remediation activity at abandoned 
     or inactive mined lands which modifies any otherwise 
     applicable requirement of sections 301(b), 302, and 403, or 
     any subsection of this section (other than this subsection).
       ``(2) Application for a permit.--A remediating party who 
     desires to conduct remediation activities on abandoned or 
     inactive mined lands from which there is or may be a 
     discharge of pollutants to waters of the United States or 
     from which there could be a significant addition of 
     pollutants from nonpoint sources may submit an application to 
     the Administrator. The application shall consist of a 
     remediation plan and any other information requested by the 
     Administrator to clarify the plan and activities.
       ``(3) Remediation plan.--The remediation plan shall include 
     (as appropriate and applicable) the following:
       ``(A) Identification of the remediating party, including 
     any persons cooperating with the concerned State or Indian 
     tribe with respect to the plan, and a certification that the 
     applicant is a remediating party under this section.
       ``(B) Identification of the abandoned or inactive mined 
     lands addressed by the plan.
       ``(C) Identification of the waters of the United States 
     impacted by the abandoned or inactive mined lands.
       ``(D) A description of the physical conditions at the 
     abandoned or inactive mined lands that are causing adverse 
     water quality impacts.
       ``(E) A description of practices, including system design 
     and construction plans and operation and maintenance plans, 
     proposed to reduce, control, mitigate, or eliminate the 
     adverse water quality impacts and a schedule for implementing 
     such practices and, if it is an existing remediation project, 
     a description of practices proposed to improve the project, 
     if any.
       ``(F) An analysis demonstrating that the identified 
     practices are expected to result in a water quality 
     improvement for the identified waters.
       ``(G) A description of monitoring or other assessment to be 
     undertaken to evaluate the success of the practices during 
     and after implementation, including an assessment of baseline 
     conditions.
       ``(H) A schedule for periodic reporting on progress in 
     implementation of major elements of the plan.
       ``(I) A budget and identified funding to support the 
     activities described in the plan.
       ``(J) Remediation goals and objectives.
       ``(K) Contingency plans.
       ``(L) A description of the applicant's legal right to enter 
     and conduct activities.
       ``(M) The signature of the applicant.
       ``(N) Identification of the pollutant or pollutants to be 
     addressed by the plan.
       ``(4) Permits.--
       ``(A) Contents.--Permits issued by the Administrator 
     pursuant to this subsection shall--
       ``(i) provide for compliance with and implementation of a 
     remediation plan which, following issuance of the permit, may 
     be modified by the applicant after providing notification to 
     and opportunity for review by the Administrator;
       ``(ii) require that any modification of the plan be 
     reflected in a modified permit;
       ``(iii) require that if, at any time after notice to the 
     remediating party and opportunity for comment by the 
     remediating party, the Administrator determines that the 
     remediating party is not implementing the approved 
     remediation plan in substantial compliance with its terms, 
     the Administrator shall notify the remediating party of the 
     determination together with a list specifying the concerns of 
     the Administrator;
       ``(iv) provide that, if the identified concerns are not 
     resolved or a compliance plan approved within 180 days of the 
     date of the notification, the Administrator may take action 
     under section 309 of this Act;
       ``(v) provide that clauses (iii) and (iv) not apply in the 
     case of any action under section 309 to address violations 
     involving gross negligence (including reckless, willful, or 
     wanton misconduct) or intentional misconduct by the 
     remediating party or any other person;
       ``(vi) not require compliance with any limitation issued 
     under sections 301(b), 302, and 403 or any requirement 
     established by the Administrator under any subsection of this 
     section (other than this subsection); and
       ``(vii) provide for termination of coverage under the 
     permit without the remediating party being subject to 
     enforcement under sections 309 and 505 of this Act for any 
     remaining discharges--
       ``(I) after implementation of the remediation plan;
       ``(II) if a party obtains a permit to mine the site; or
       ``(III) upon a demonstration by the remediating party that 
     the surface water quality conditions due to remediation 
     activities at the site, taken as a whole, are equal to or 
     superior to the surface water qualities that existed prior to 
     initiation of remediation.
       ``(B) Limitations.--The Administrator shall only issue a 
     permit under this section, consistent with the provisions of 
     this subsection, to a remediating party for discharges 
     associated with remediation action at abandoned or inactive 
     mined lands if the remediation plan demonstrates with 
     reasonable certainty that the actions will result in an 
     improvement in water quality.
       ``(C) Public participation.--The Administrator may only 
     issue a permit or modify a permit under this section after 
     complying with subsection (b)(3).
       ``(D) Effect of failure to comply with permit.--Failure to 
     comply with terms of a permit issued pursuant to this 
     subsection
      shall not be deemed to be a violation of an effluent 
     standard or limitation issued under this Act.
       ``(E) Limitations on statutory construction.--This 
     subsection shall not be construed--
       ``(i) to limit or otherwise affect the Administrator's 
     powers under section 504; or
       ``(ii) to preclude actions pursuant to section 309 or 505 
     for any violations of sections 301(a), 302, 402, and 403 that 
     may have existed for the abandoned or inactive mined land 
     prior to initiation of remediation covered by a permit issued 
     under this subsection, unless such permit covers remediation 
     activities implemented by the permit holder prior to issuance 
     of the permit.
       ``(5) Definitions.--In this subsection the following 
     definitions apply:
       ``(A) Remediating party.--The term `remediating party' 
     means--
       [[Page H4633]] ``(i) the United States (on non-Federal 
     lands), a State or its political subdivisions, or an Indian 
     tribe or officers, employees, or contractors thereof; and
       ``(ii) any person acting in cooperation with a person 
     described in clause (i), including a government agency that 
     owns abandoned or inactive mined lands for the purpose of 
     conducting remediation of the mined lands or that is engaging 
     in remediation activities incidental to the ownership of the 
     lands.

     Such term does not include any person who, before or 
     following issuance of a permit under this section, directly 
     benefited from or participated in any mining operation 
     (including exploration) associated with the abandoned or 
     inactive mined lands.
       ``(B) Abandoned or inactive mined lands.--The term 
     `abandoned or inactive mined lands' means lands that were 
     formerly mined and are not actively mined or in temporary 
     shutdown at the time of submission of the remediation plan 
     and issuance of a permit under this section.
       ``(C) Mined lands.--The term `mined lands' means the 
     surface or subsurface of an area where mining operations, 
     including exploration, extraction, processing, and 
     beneficiation, have been conducted. Such term includes 
     private ways and roads appurtenant to such area, land 
     excavations, underground mine portals, adits, and surface 
     expressions associated with underground workings, such as 
     glory holes and subsidence features, mining waste, smelting 
     sites associated with other mined lands, and areas where 
     structures, facilities, equipment, machines, tools, or other 
     material or property which result from or have been used in 
     the mining operation are located.
       ``(6) Regulations.--The Administrator may issue regulations 
     establishing more specific requirements that the 
     Administrator determines would facilitate implementation of 
     this subsection. Before issuance of such regulations, the 
     Administrator may establish, on a case-by-case basis after 
     notice and opportunity for public comment as provided by 
     subsection (b)(3), more specific requirements that the 
     Administrator determines would facilitate implementation of 
     this subsection in an individual permit issued to the 
     remediating party.''.
     SEC. 406. BENEFICIAL USE OF BIOSOLIDS.

       (a) References.--Section 405(a) (33 U.S.C. 1345(a)) is 
     amended by inserting ``(also referred to as `biosolids')'' 
     after ``sewage sludge'' the first place it appears.
       (b) Approval of State Programs.--Section 405(f) (33 U.S.C. 
     1345(f)) is amended by adding at the end the following:
       ``(3) Approval of state programs.--Notwithstanding any 
     other provision of law, the Administrator shall approve for 
     purposes of this subsection State programs that meet the 
     standards for final use or disposal of sewage sludge 
     established by the Administrator pursuant to subsection 
     (d).''.
       (c) Studies and Projects.--Section 405(g) (33 U.S.C. 
     1345(g)) is amended--
       (1) in the first sentence of paragraph (1) by inserting 
     ``building materials,'' after ``agricultural and 
     horticultural uses,'';
       (2) in paragraph (1) by adding at the end the following: 
     ``Not later than January 1, 1997, and after providing notice 
     and opportunity for public comment, the Administrator shall 
     issue guidance on the beneficial use of sewage sludge.''; and
       (3) in paragraph (2) by striking ``September 30, 1986,'' 
     and inserting ``September 30, 1995,''.
                      TITLE V--GENERAL PROVISIONS
     SEC. 501. PUBLICLY OWNED TREATMENT WORKS DEFINED.

       Section 502 (33 U.S.C. 1362) is further amended by adding 
     at the end the following:
       ``(25) The term `publicly owned treatment works' means a 
     treatment works, as defined in section 212, located at other 
     than an industrial facility, which is designed and 
     constructed principally, as determined by the Administrator, 
     to treat domestic sewage or a mixture of domestic sewage and 
     industrial wastes of a liquid nature. In the case of such a 
     facility that is privately owned, such term includes only 
     those facilities that, with respect to such industrial 
     wastes, are carrying out a pretreatment program meeting all 
     the requirements established under section 307 and paragraphs 
     (8) and (9) of section 402(b) for pretreatment programs 
     (whether or not the treatment works would be required to 
     implement a pretreatment program pursuant to such 
     sections).''.

     SEC. 502. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT 
                   TO VEGETABLE OIL.

       (a) Differentiation Among Fats, Oils, and Greases.--
       (1) In general.--In issuing or enforcing a regulation, an 
     interpretation, or a guideline relating to a fat, oil, or 
     grease under a Federal law related to water pollution 
     control, the head of a Federal agency shall--
       (A) differentiate between and establish separate classes 
     for--
       (i)(I) animal fats; and
       (II) vegetable oils; and
       (ii) other oils, including petroleum oil; and
       (B) apply different standards and reporting requirements 
     (including reporting requirements based on quantitative 
     amounts) to different classes of fat and oil as provided in 
     paragraph (2).
       (2) Considerations.--In differentiating between the classes 
     of animal fats and vegetable oils referred to in paragraph 
     (1)(A)(i) and the classes of oils described in paragraph 
     (1)(A)(ii), the head of the Federal agency shall consider 
     differences in physical, chemical, biological, and other 
     properties, and in the environmental effects, of the classes.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Animal fat.--The term ``animal fat'' means each type of 
     animal fat, oil, or grease, including fat, oil, or grease 
     from fish or a marine mammal
      and any fat, oil, or grease referred to in section 61(a)(2) 
     of title 13, United States Code.
       (2) Vegetable oil.--The term ``vegetable oil'' means each 
     type of vegetable oil, including vegetable oil from a seed, 
     nut, or kernel and any vegetable oil referred to in section 
     61(a)(1) of title 13, United States Code.

     SEC. 503. NEEDS ESTIMATE.

       Section 516(b)(1) (33 U.S.C. 1375(b)(1)) is amended--
       (1) in the first sentence by striking ``biennially 
     revised'' and inserting ``quadrennially revised''; and
       (2) in the second sentence by striking ``February 10 of 
     each odd-numbered year'' and inserting ``December 31, 1997, 
     and December 31 of every 4th calendar year thereafter''.
     SEC. 504. FOOD PROCESSING AND FOOD SAFETY.

       Title V (33 U.S.C. 1361-1377) is amended by redesignating 
     section 519 as section 521 and by inserting after section 518 
     the following:

     ``SEC. 519. FOOD PROCESSING AND FOOD SAFETY.

       ``In developing any effluent guideline under section 
     304(b), pretreatment standard under section 307(b), or new 
     source performance standard under section 306 that is 
     applicable to the food processing industry, the Administrator 
     shall consult with and consider the recommendations of the 
     Food and Drug Administration, Department of Health and Human 
     Services, Department of Agriculture, and Department of 
     Commerce. The recommendations of such departments and 
     agencies and a description of the Administrator's response to 
     those recommendations shall be made part of the rulemaking 
     record for the development of such guidelines and standards. 
     The Administrator's response shall include an explanation 
     with respect to food safety, including a discussion of 
     relative risks, of any departure from a recommendation by any 
     such department or agency.''.

     SEC. 505. AUDIT DISPUTE RESOLUTION.

       Title V (33 U.S.C. 1361-1377) is further amended by 
     inserting before section 521, as redesignated by this Act, 
     the following:

     ``SEC. 520. AUDIT DISPUTE RESOLUTION.

       ``(a) Establishment of Board.--The Administrator shall 
     establish an independent Board of Audit Appeals (hereinafter 
     in this section referred to as the `Board') in accordance 
     with the requirements of this section.
       ``(b) Duties.--The Board shall have the authority to review 
     and decide contested audit determinations related to grant 
     and contract awards under this Act. In carrying out such 
     duties, the Board shall consider only those regulations, 
     guidance, policies, facts, and circumstances in effect at the 
     time of the grant or contract award.
       ``(c) Prior Eligibility Decisions.--The Board shall not 
     reverse project cost eligibility determinations that are 
     supported by an decision document of the Environmental 
     Protection Agency, including grant or contract approvals, 
     plans and specifications approval forms, grant or contract 
     payments, change order approval forms, or similar documents 
     approving project cost eligibility, except upon a showing 
     that such decision was arbitrary, capricious, or an abuse of 
     law in effect at the time of such decision.
       ``(d) Membership.--
       ``(1) Appointment.--The Board shall be composed of 7 
     members to be appointed by the Administrator not later than 
     90 days after the date of the enactment of this section.
       ``(2) Terms.--Each member shall be appointed for a term of 
     3 years.
       ``(3) Qualifications.--The Administrator shall appoint as 
     members of the Board individuals who are specially qualified 
     to serve on the Board by virtue of their expertise in grant 
     and contracting procedures. The Administrator shall make 
     every effort
      to ensure that individuals appointed as members of the Board 
     are free from conflicts of interest in carrying out the 
     duties of the Board.
       ``(e) Basic Pay and Travel Expenses.--
       ``(1) Rates of pay.--Except as provided in paragraph (2), 
     members shall each be paid at a rate of basic pay, to be 
     determined by the Administrator, for each day (including 
     travel time) during which they are engaged in the actual 
     performance of duties vested in the Board.
       ``(2) Prohibition of compensation of federal employees.--
     Members of the Board who are full-time officers or employees 
     of the United States may not receive additional pay, 
     allowances, or benefits by reason of their service on the 
     Board.
       ``(3) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       ``(f) Administrative Support Services.--Upon the request of 
     the Board, the Administrator shall provide to the Board the 
     administrative support services necessary for the Board to 
     carry out its responsibilities under this section.
       ``(g) Disputes Eligible for Review.--The authority of the 
     Board under this section shall extend to any contested audit 
     determination that on the date of the enactment of this 
     section has yet to be formally concluded and accepted by 
     either the grantee or the Administrator.''.
 [[Page H4634]] TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
     SEC. 601. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

       Section 601(a) (33 U.S.C. 1381(a)) is amended by striking 
     ``(1) for construction'' and all that follows through the 
     period and inserting ``to accomplish the purposes of this 
     Act.''.

     SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

       (a) Requirements for Construction of Treatment Works.--
     Section 602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
       (1) by striking ``before fiscal year 1995''; and
       (2) by striking ``201(b)'' and all that follows through 
     ``218'' and inserting ``211''.
       (b) Compliance With Other Federal Laws.--Section 602 (33 
     U.S.C. 1382) is amended by adding at the end the following:
       ``(c) Other Federal Laws.--
       ``(1) Compliance with other federal laws.--If a State 
     provides assistance from its water pollution control 
     revolving fund established in accordance with this title and 
     in accordance with a statute, rule, executive order, or 
     program of the State which addresses the intent of any 
     requirement or any Federal executive order or law other than 
     this Act, as determined by the State, the State in providing 
     such assistance shall be treated as having met the Federal 
     requirements.
       ``(2) Limitation on applicability of other federal laws.--
     If a State does not meet a requirement of a Federal executive 
     order or law other than this Act under paragraph (1), such 
     Federal law shall only apply to Federal funds deposited in 
     the water pollution control revolving fund established by the 
     State in accordance with this title the first time such funds 
     are used to provide assistance from the revolving fund.''.
       (c) Guidance for Small Systems.--Section 602 (33 U.S.C. 
     1382) is amended by adding at the end the following new 
     subsection:
       ``(d) Guidance for Small Systems.--
       ``(1) Simplified procedures.--Not later than 1 year after 
     the date of the enactment of this subsection, the 
     Administrator shall assist the States in establishing 
     simplified procedures for small systems to obtain assistance 
     under this title.
       ``(2) Publication of manual.--Not later than 1 year after 
     the date of the enactment of this subsection, and after 
     providing notice and opportunity for public comment, the 
     Administrator shall publish a manual to assist small systems 
     in obtaining assistance under this title and publish in the 
     Federal Register notice of the availability of the manual.
       ``(3) Small system defined.--For purposes of this title, 
     the term `small system' means a system for which a 
     municipality or intermunicipal, interstate, or State agency 
     seeks assistance under this title and which serves a 
     population of 20,000 or less.''.

     SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

       (a) Activities Eligible for Assistance.--Section 603(c) (33 
     U.S.C. 1383(c)) is amended to read as follows:
       ``(c) Activities Eligible for Assistance.--
       ``(1) In general.--The amounts of funds available to each 
     State water pollution control revolving fund shall be used 
     only for providing financial assistance to activities which 
     have as a principal benefit the improvement or protection of 
     water quality to a municipality, intermunicipal agency, 
     interstate agency, State agency, or other person. Such 
     activities may include the following:
       ``(A) Construction of a publicly owned treatment works if 
     the recipient of such assistance is a municipality.
       ``(B) Implementation of lake protection programs and 
     projects under section 314.
       ``(C) Implementation of a management program under section 
     319.
       ``(D) Implementation of a conservation and management plan 
     under section 320.
       ``(E) Implementation of a watershed management plan under 
     section 321.
       ``(F) Implementation of a stormwater management program 
     under section 322.
       ``(G) Acquisition of property rights for the restoration or 
     protection of publicly or privately owned riparian areas.
       ``(H) Implementation of measures to improve the efficiency 
     of public water use.
       ``(I) Development and implementation of plans by a public 
     recipient to prevent water pollution.
       ``(J) Acquisition of lands necessary to meet any mitigation 
     requirements related to construction of a publicly owned 
     treatment works.
       ``(2) Fund amounts.--The water pollution control revolving 
     fund of a State shall be established, maintained, and 
     credited with repayments, and the fund balance shall be 
     available in perpetuity for providing financial assistance 
     described in paragraph (1). Fees charged by a State to 
     recipients of such assistance may be deposited in the fund 
     for the sole purpose of financing the cost of administration 
     of this title.''.
       (b) Extended Repayment Period for Disadvantaged 
     Communities.--Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is 
     amended--
       (1) in subparagraph (A) by inserting after ``20 years'' the 
     following: ``or, in the case of a disadvantaged community, 
     the lesser of 40 years or the expected life of the project to 
     be financed with the proceeds of the loan''; and
       (2) in subparagraph (B) by striking ``not later than 20 
     years after project completion'' and inserting ``upon the 
     expiration of the term of the loan''.
       (c) Loan Guarantees for Innovative Technology.--Section 
     603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as 
     follows:
       ``(5) to provide loan guarantees for--
       ``(A) similar revolving funds established by municipalities 
     or intermunicipal agencies; and
       ``(B) developing and implementing innovative 
     technologies.''.
       (d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 
     1383(d)(7)) is amended by inserting before the period at the 
     end the following: ``or $400,000 per year, whichever is 
     greater, plus the amount of any fees collected by the State 
     for such purpose under subsection (c)(2)''.
       (e) Technical and Planning Assistance for Small Systems.--
     Section 603(d) (33 U.S.C. 1383(d)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(8) to provide to small systems technical and planning 
     assistance and assistance in financial management, user fee 
     analysis, budgeting, capital improvement planning, facility 
     operation and maintenance, repair schedules, and other 
     activities to improve wastewater treatment plant operations; 
     except that such amounts shall not exceed 2 percent of all 
     grant awards to such fund under this title.''.
       (f) Consistency With Planning Requirements.--Section 603(f) 
     (33 U.S.C. 1383(f)) is amended by striking ``and 320'' and 
     inserting ``320, 321, and 322''.
       (g) Limitations on Construction Assistance.--Section 603(g) 
     (33 U.S.C. 1383(g)) is amended to read as follows:
       ``(g) Limitations on Construction Assistance.--The State 
     may provide financial assistance from its water pollution 
     control revolving fund with respect to a project for 
     construction of a treatment works only if--
       ``(1) such project is on the State's priority list under 
     section 216 of this Act; and
       ``(2) the recipient of such assistance is a municipality in 
     any case in which the treatment works is privately owned.''.
       (h) Interest Rates.--Section 603 is further amended by 
     adding at the end the following:
       ``(i) Interest Rates.--In any case in which a State makes a 
     loan pursuant to subsection (d)(1) to a disadvantaged 
     community, the State may charge a negative interest rate of 
     not to exceed 2 percent to reduce the unpaid principal of the 
     loan. The aggregate amount of all such negative interest rate 
     loans the State makes in a fiscal year shall not exceed 20 
     percent of the aggregate amount of all loans made by the 
     State from its revolving loan fund in such fiscal year.
       ``(j) Disadvantaged Community Defined.--As used in this 
     section, the term `disadvantaged community' means the service 
     area of a publicly owned treatment works with respect to 
     which the average annual residential sewage treatment charges 
     for a user of the treatment works meet affordability criteria 
     established by the State in which the treatment works is 
     located (after providing for public review and comment) in 
     accordance with guidelines to be established by the 
     Administrator, in cooperation with the States.''.
       (i) Sale of Treatment Works.--Section 603 is further 
     amended by adding at the end the following:
       ``(k) Sale of Treatment Works.--
       ``(1) In general.--Notwithstanding any other provisions of 
     this Act, any State, municipality, intermunicipality, or 
     interstate agency may transfer by sale to a qualified private 
     sector entity all or part of a treatment works that is owned 
     by such agency and for which it received Federal financial 
     assistance under this Act if the transfer price will be 
     distributed, as amounts are received, in the following order:
       ``(A) First reimbursement of the agency of the unadjusted 
     dollar amount of the costs of construction of the treatment 
     works or part thereof plus any transaction and fix-up costs 
     incurred by the agency with respect to the transfer less the 
     amount of such Federal financial assistance provided with 
     respect to such costs.
       ``(B) If proceeds from the transfer remain after such 
     reimbursement, repayment of the Federal Government of the 
     amount of such Federal financial assistance less the 
     applicable share of accumulated depreciation on such 
     treatment works (calculated using Internal Revenue Service 
     accelerated depreciation schedule applicable to treatment 
     works).
       ``(C) If any proceeds of such transfer remain after such 
     reimbursement and repayment, retention of the remaining 
     proceeds by such agency.
       ``(2) Release of condition.--Any requirement imposed by 
     regulation or policy for a showing that the treatment works 
     are no longer needed to serve their original purpose shall 
     not apply.
       ``(3) Selection of buyer.--A State, municipality, 
     intermunicipality, or interstate agency exercising the 
     authority granted by this subsection shall select a qualified 
     private sector entity on the basis of total net cost and 
     other appropriate criteria and shall utilize such competitive 
     bidding, direct negotiation, or other criteria and procedures 
     as may be required by State law.
       ``(l) Private Ownership of Treatment Works.--
       ``(1) Regulatory review.--The Administrator shall review 
     the law and any regulations, policies, and procedures of the 
     Environmental Protection Agency affecting the 
     [[Page H4635]] construction, improvement, replacement, 
     operation, maintenance, and transfer of ownership of current 
     and future treatment works owned by a State, municipality, 
     intermunicipality, or interstate agency. If permitted by law, 
     the Administrator shall modify such regulations, policies, 
     and procedures to eliminate any obstacles to the 
     construction, improvement, replacement, operation, and
      maintenance of such treatment works by qualified private 
     sector entities.
       ``(2) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator shall submit 
     to Congress a report identifying any provisions of law that 
     must be changed in order to eliminate any obstacles referred 
     to in paragraph (1).
       ``(3) Definition.--For purposes of this section, the term 
     `qualified private sector entity' means any nongovernmental 
     individual, group, association, business, partnership, 
     organization, or privately or publicly held corporation 
     that--
       ``(A) has sufficient experience and expertise to discharge 
     successfully the responsibilities associated with 
     construction, operation, and maintenance of a treatment works 
     and to satisfy any guarantees that are agreed to in 
     connection with a transfer of treatment works under 
     subsection (k);
       ``(B) has the ability to assure protection against 
     insolvency and interruption of services through contractual 
     and financial guarantees; and
       ``(C) with respect to subsection (k), to the extent 
     consistent with the North American Free Trade Agreement and 
     the General Agreement on Tariffs and Trade--
       ``(i) is majority-owned and controlled by citizens of the 
     United States; and
       ``(ii) does not receive subsidies from a foreign 
     government.''.

     SEC. 604. ALLOTMENT OF FUNDS.

       (a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is 
     amended to read as follows:
       ``(a) Formula for Fiscal Years 1996-2000.--Sums authorized 
     to be appropriated pursuant to section 607 for each of fiscal 
     years 1996, 1997, 1998, 1999, and 2000 shall be allotted for 
     such year by the Administrator not later than the 10th day 
     which begins after the date of the enactment of the Clean 
     Water Amendments of 1995. Sums authorized for each such 
     fiscal year shall be allotted in accordance with the 
     following table:

                                                     Percentage of sums
``States:                                                   authorized:
    Alabama......................................................1.0110
    Alaska.......................................................0.5411
    Arizona......................................................0.7464
    Arkansas.....................................................0.5914
    California...................................................7.9031
    Colorado.....................................................0.7232
    Connecticut..................................................1.3537
    Delaware.....................................................0.4438
    District of Columbia.........................................0.4438
    Florida......................................................3.4462
    Georgia......................................................1.8683
    Hawaii.......................................................0.7002
    Idaho........................................................0.4438
    Illinois.....................................................4.9976
    Indiana......................................................2.6631
    Iowa.........................................................1.2236
    Kansas.......................................................0.8690
    Kentucky.....................................................1.3570
    Louisiana....................................................1.0060
    Maine........................................................0.6999
    Maryland.....................................................2.1867
    Massachusetts................................................3.7518
    Michigan.....................................................3.8875
    Minnesota....................................................1.6618
    Mississippi..................................................0.8146
    Missouri.....................................................2.5063
    Montana......................................................0.4438
    Nebraska.....................................................0.4624
    Nevada.......................................................0.4438
    New Hampshire................................................0.9035
    New Jersey...................................................4.5156
    New Mexico...................................................0.4438
    New York....................................................12.1969
    North Carolina...............................................1.9943
    North Dakota.................................................0.4438
    Ohio.........................................................5.0898
    Oklahoma.....................................................0.7304
    Oregon.......................................................1.2399
    Pennsylvania.................................................4.2145
    Rhode Island.................................................0.6071
    South Carolina...............................................0.9262
    South Dakota.................................................0.4438
    Tennessee....................................................1.4668
    Texas........................................................4.6458
    Utah.........................................................0.4764
    Vermont......................................................0.4438
    Virginia.....................................................2.2615
    Washington...................................................1.9217
    West Virginia................................................1.4249
    Wisconsin....................................................2.4442
    Wyoming......................................................0.4438
    Puerto Rico..................................................1.1792
    Northern Marianas............................................0.0377
    American Samoa...............................................0.0812
    Guam.........................................................0.0587
    Pacific Islands Trust Territory..............................0.1158
    Virgin Islands...........................................0.0576.''.

       (b) Conforming Amendment.--Section 604(c)(2) is amended by 
     striking ``title II of this Act'' and inserting ``this 
     title''.
     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       Section 607 (33 U.S.C. 1387(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) such sums as may be necessary for fiscal year 1995;
       ``(7) $2,500,000,000 for fiscal year 1996;
       ``(8) $2,500,000,000 for fiscal year 1997;
       ``(9) $2,500,000,000 for fiscal year 1998;
       ``(10) $2,500,000,000 for fiscal year 1999; and
       ``(11) $2,500,000,000 for fiscal year 2000.''.
     SEC. 606. STATE NONPOINT SOURCE WATER POLLUTION CONTROL 
                   REVOLVING FUNDS.

       Title VI (33 U.S.C. 1381-1387) is amended--
       (1) in section 607 by inserting after ``title'' the 
     following: ``(other than section 608)''; and
       (2) by adding at the end the following:
     ``SEC. 608. STATE NONPOINT SOURCE WATER POLLUTION CONTROL 
                   REVOLVING FUNDS.

       ``(a) General Authority.--The Administrator shall make 
     capitalization grants to each State for the purpose of 
     establishing a nonpoint source water pollution control 
     revolving fund for providing assistance--
       ``(1) to persons for carrying out management practices and 
     measures under the State management program approved under 
     section 319; and
       ``(2) to agricultural producers for the development and 
     implementation of the water quality components of a whole 
     farm or ranch resource management plan and for implementation 
     of management practices and measures under such a plan.

     A State nonpoint source water pollution control revolving 
     fund shall be separate from any other State water pollution 
     control revolving fund; except that the chief executive 
     officer of the State may transfer funds from one fund to the 
     other fund.
       ``(b) Applicability of Other Requirements of This Title.--
     Except to the extent the Administrator, in consultation with 
     the chief executive officers of the States, determines that a 
     provision of this title is not consistent with a provision of 
     this section, the provisions of sections 601 through 606 of 
     this title shall apply to grants made under this section in 
     the same manner and to the same extent as they apply to 
     grants made under section 601 of this title. Paragraph (5) of 
     section 602(b) shall apply to all funds in a State revolving 
     fund established under this section as a result of 
     capitalization grants made under this section; except that 
     such funds shall first be used to assure reasonable progress 
     toward attainment of the goals of section 319, as determined 
     by the Governor of the State. Paragraph (7) of section 603(d) 
     shall apply to a State revolving fund established under this 
     section, except that the 4-percent limitation contained in 
     such section shall not apply to such revolving fund.
       ``(c) Apportionment of Funds.--Funds made available to 
     carry out this section for any fiscal year shall be allotted 
     among the States by the Administrator in the same manner as 
     funds are allotted among the States under section 319 in such 
     fiscal year.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 per 
     fiscal year for each of fiscal years 1996 through 2000.''.
                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. TECHNICAL AMENDMENTS.

       (a) Section 118.--Section 118(c)(1)(A) (33 U.S.C. 
     1268(c)(1)(A)) is amended by striking the last comma.
       (b) Section 120.--Section 120(d) (33 U.S.C. 1270(d)) is 
     amended by striking ``(1)''.
       (c) Section 204.--Section 204(a)(3) (33 U.S.C. 1284(a)(3)) 
     is amended by striking the final period and inserting a 
     semicolon.
       (d) Section 205.--Section 205 (33 U.S.C. 1285) is amended--
       (1) in subsection (c)(2) by striking ``and 1985'' and 
     inserting ``1985, and 1986'';
       (2) in subsection (c)(2) by striking ``through 1985'' and 
     inserting ``through 1986'';
       (3) in subsection (g)(1) by striking the period following 
     ``4 per centum''; and
       (4) in subsection (m)(1)(B) by striking ``this'' the last 
     place it appears and inserting ``such''.
       (e) Section 208.--Section 208 (33 U.S.C. 1288) is amended--
       (1) in subsection (h)(1) by striking ``designed'' and 
     inserting ``designated''; and
       (2) in subsection (j)(1) by striking ``September 31, 1988'' 
     and inserting ``September 30, 1988''.
       (f) Section 301.--Section 301(j)(1)(A) (33 U.S.C. 
     1311(j)(1)(A)) is amended by striking ``that'' the first 
     place it appears and inserting ``than''.
       (g) Section 309.--Section 309(d) (33 U.S.C. 1319(d)) is 
     amended by striking the second comma following ``Act by a 
     State''.
       (h) Section 311.--Section 311 (33 U.S.C. 1321) is amended--
       (1) in subsection (b) by moving paragraph (12) (including 
     subparagraphs (A), (B) and (C)) 2 ems to the right; and
       (2) in subsection (h)(2) by striking ``The'' and inserting 
     ``the''.
       (i) Section 505.--Section 505(f) (33 U.S.C. 1365(f)) is 
     amended by striking the last comma.
       (j) Section 516.--Section 516 (33 U.S.C. 1375) is amended 
     by redesignating subsection (g) as subsection (f).
       (k) Section 518.--Section 518(f) (33 U.S.C. 1377(f)) is 
     amended by striking ``(d)'' and inserting ``(e)''.

     SEC. 702. JOHN A. BLATNIK NATIONAL FRESH WATER QUALITY 
                   RESEARCH LABORATORY.

       (a) Designation.--The laboratory and research facility 
     established pursuant to section 104(e) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1254(e)) that is located in 
     Duluth, Minnesota, shall be known and designated as the 
     ``John A. Blatnik National Fresh Water Quality Research 
     Laboratory''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other 
     [[Page H4636]] record of the United States to the laboratory 
     and research facility referred to in subsection (a) shall be 
     deemed to be a reference to the ``John A. Blatnik National 
     Fresh Water Quality Research Laboratory''.
     SEC. 703. WASTEWATER SERVICE FOR COLONIAS.

       (a) Grant Assistance.--The Administrator may make grants to 
     States along the United States-Mexico border to provide 
     assistance for planning, design, and construction of 
     treatment works to provide wastewater service to the 
     communities along such border commonly known as ``colonias''.
       (b) Federal Share.--The Federal share of the cost of a 
     project carried out using funds made available under 
     subsection (a) shall be 50 percent. The non-Federal share of 
     such cost shall be provided by the State receiving the grant.
       (c) Treatment Works Defined.--For purposes of this section, 
     the term ``treatment works'' has the meaning such term has 
     under section 212 of the Federal Water Pollution Control Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under subsection (a) 
     $50,000,000 for fiscal year 1996. Such sums shall remain 
     available until expended.

     SEC. 704. SAVINGS IN MUNICIPAL DRINKING WATER COSTS.

       (a) Study.--The Administrator of the Environmental 
     Protection Agency, in consultation with the Director of the 
     Office of Management and Budget, shall review, analyze, and 
     compile information on the annual savings that municipalities 
     realize in the construction, operation,
      and maintenance of drinking water facilities as a result of 
     actions taken under the Federal Water Pollution Control 
     Act.
       (b) Contents.--The study conducted under subsection (a), at 
     a minimum, shall contain an examination of the following 
     elements:
       (1) Savings to municipalities in the construction of 
     drinking water filtration facilities resulting from actions 
     taken under the Federal Water Pollution Control Act.
       (2) Savings to municipalities in the operation and 
     maintenance of drinking water facilities resulting from 
     actions taken under such Act.
       (3) Savings to municipalities in health expenditures 
     resulting from actions taken under such Act.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report containing the results of the study 
     conducted under subsection (a).
            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Wetlands and Watershed 
     Management Act of 1995''.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares the following:
       (1) Wetlands perform a number of valuable functions needed 
     to restore and maintain the chemical, physical, and 
     biological integrity of the Nation's waters, including--
       (A) reducing pollutants (including nutrients, sediment, and 
     toxics) from nonpoint and point sources;
       (B) storing, conveying, and purifying flood and storm 
     waters;
       (C) reducing both bank erosion and wave and storm damage to 
     adjacent lands and trapping sediment from upland sources;
       (D) providing habitat and food sources for a broad range of 
     commercial and recreational fish, shellfish, and migratory 
     wildlife species (including waterfowl and endangered 
     species); and
       (E) providing a broad range of recreational values for 
     canoeing, boating, birding, and nature study and observation.
       (2) Original wetlands in the contiguous United States have 
     been reduced by an estimated 50 percent and continue to 
     disappear at a rate of 200,000 to 300,000 acres a year. Many 
     of these original wetlands have also been altered or 
     partially degraded, reducing their ecological value.
       (3) Wetlands are highly sensitive to changes in water 
     regimes and are, therefore, susceptible to degradation by 
     fills, drainage, grading, water extractions, and other 
     activities within their watersheds which affect the quantity, 
     quality, and flow of surface and ground waters. Protection 
     and management of wetlands, therefore, should be integrated 
     with management of water systems on a watershed basis. A 
     watershed protection and management perspective is also 
     needed to understand and reverse the gradual, continued 
     destruction of wetlands that occurs due to cumulative 
     impacts.
       (4) Wetlands constitute an estimated 5 percent of the 
     Nation's surface area. Because much of this land is in 
     private ownership wetlands protection and management 
     strategies must take into consideration private property 
     rights and the need for economic development and growth. This 
     can be best accomplished in the context of a cooperative and 
     coordinated Federal, State, and local strategy for data 
     gathering, planning, management, and restoration
      with an emphasis on advance planning of wetlands in 
     watershed contexts.
       (b) Purposes.--The purposes of this Act are--
       (1) to help create a coordinated national wetland 
     management effort with efficient use of scarce Federal, 
     State, and local financial and manpower resources to protect 
     wetland functions and values and reduce natural hazard 
     losses;
       (2) to help reverse the trend of wetland loss in a fair, 
     efficient, and cost-effective manner;
       (3) to reduce inconsistencies and duplication in Federal, 
     State, and local wetland management efforts and encourage 
     integrated permitting at the Federal, State, and local 
     levels;
       (4) to increase technical assistance, cooperative training, 
     and educational opportunities for States, local governments, 
     and private landowners;
       (5) to help integrate wetland protection and management 
     with other water resource management programs on a watershed 
     basis such as flood control, storm water management, 
     allocation of water supply, protection of fish and wildlife, 
     and point and nonpoint source pollution control;
       (6) to increase regionalization of wetland delineation and 
     management policies within a framework of national policies 
     through advance planning of wetland areas, programmatic 
     general permits and other approaches and the tailoring of 
     policies to ecosystem and land use needs to reflect 
     significant watershed variance in wetland resources;
       (7) to address the cumulative loss of wetland resources;
       (8) to increase the certainty and predictability of 
     planning and regulatory policies for private landowners;
       (9) to help achieve no overall net loss and net gain of the 
     remaining wetland base of the United States through 
     watershed-based restoration strategies involving all levels 
     of government;
       (10) to restore and create wetlands in order to increase 
     the quality and quantity of the wetland resources and by so 
     doing to restore and maintain the quality and quantity of the 
     waters of the United States; and
       (11) to provide mechanisms for joint State, Federal, and 
     local development and testing of approaches to better protect 
     wetland resources such as mitigation banking.
     SEC. 803. STATE, LOCAL, AND LANDOWNER TECHNICAL ASSISTANCE 
                   AND COOPERATIVE TRAINING.

       (a) State and Local Technical Assistance.--Upon request, 
     the Administrator or the Secretary of the Army, as 
     appropriate, shall provide technical assistance to State and 
     local governments in the development and implementation of 
     State and local government permitting programs under sections 
     404(e) and 404(h) of the Federal Water Pollution Control Act, 
     State wetland conservation plans under section 805, and 
     regional or local wetland management plans under section 805.
       (b) Cooperative Training.--The Administrator and the 
     Secretary, in cooperation with the Coordinating Committee 
     established pursuant to section 804, shall conduct training 
     courses for States and local governments involving wetland 
     delineation, utilization of wetlands in nonpoint pollution 
     control, wetland and stream restoration, wetland planning, 
     wetland evaluation, mitigation banking, and other subjects 
     deemed appropriate by the Administrator or Secretary.
       (c) Private Landowner Technical Assistance.--The 
     Administrator and Secretary shall, in cooperation with the 
     Coordination Committee, and appropriate Federal agencies 
     develop and provide to private landowners guidebooks, 
     pamphlets, or other materials and technical assistance to 
     help them in identifying and evaluating wetlands, developing 
     integrated wetland management plans for their lands 
     consistent with the goals of this Act and the Federal Water 
     Pollution Control Act, and restoring wetlands.

     SEC. 804. FEDERAL, STATE, AND LOCAL GOVERNMENT COORDINATING 
                   COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator shall 
     establish a Federal, State, and Local Government Wetlands 
     Coordinating Committee (hereinafter in this section referred 
     to as the ``Committee'').
       (b) Functions.--The Committee shall--
       (1) help coordinate Federal, State, and local wetland 
     planning, regulatory, and restoration programs on an ongoing 
     basis to reduce duplication, resolve potential conflicts, and 
     efficiently allocate manpower and resources at all levels of 
     government;
       (2) provide comments to the Secretary of the Army or 
     Administrator in adopting regulatory, policy, program, or 
     technical guidance affecting wetland systems;
       (3) help develop and field test, national policies prior to 
     implementation such as wetland, delineation, classification 
     of wetlands, methods for sequencing wetland mitigation 
     responses, the utilization of mitigation banks;
       (4) help develop and carry out joint technical assistance 
     and cooperative training programs as provided in section 803;
       (5) help develop criteria and implementation strategies for 
     facilitating State conservation plans and strategies, local 
     and regional wetland planning, wetland restoration and 
     creation, and State and local permitting programs pursuant to 
     section 404(e) or 404(g) of the Federal Water Pollution 
     Control Act; and
       (6) help develop a national strategy for the restoration of 
     wetland ecosystems pursuant to section 6 of this Act.
       (c) Membership.--The Committee shall be composed of 18 
     members as follows:
       (1) The Administrator or the designee of the Administrator.
       (2) The Secretary or the designee of the Secretary.
       [[Page H4637]] (3) The Director of the United States Fish 
     and Wildlife Service or the designee of the Director.
       (4) The Chief of the Natural Resources Conservation Service 
     or the designee of the Chief.
       (5) The Undersecretary for Oceans and Atmosphere or the 
     designee of the Under Secretary.
       (6) One individual appointed by the Administrator who will 
     represent the National Governor's Association.
       (7) One individual appointed by the Administrator who will 
     represent the National Association of Counties.
       (8) One individual appointed by the Administrator who will 
     represent the National League of Cities.
       (9) One State wetland expert from each of the 10 regions of 
     the Environmental Protection Agency. Each member to be 
     appointed under this paragraph shall be jointly appointed by 
     the Governors of the States within the Environmental 
     Protection Agency's region. If the Governors from a region 
     cannot agree on such a representative, they will each submit 
     a nomination to the Administrator and the Administrator will 
     select a representative from such region.
       (d) Terms.--Each member appointed pursuant to paragraph 
     (6), (7), (8), or (9) of subsection (c) shall be appointed 
     for a term of 2 years.
       (e) Vacancies.--A vacancy in the Committee shall be filled, 
     on or before the 30th day after the vacancy occurs, in the 
     manner in which the original appointment was made.
       (f) Pay.--Members shall serve without pay, but may receive 
     travel expenses (including per diem in lieu of subsistence) 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (g) Cochairpersons.--The Administrator and one member 
     appointed pursuant to paragraph (6), (7), (8), or (9) of 
     subsection (c) (selected by such members) shall serve as 
     cochairpersons of the Committee.
       (h) Quorum.--Two-thirds of the members of the Committee 
     shall constitute a quorum but a lesser number may hold 
     meetings.
       (i) Meetings.--The Committee shall hold its first meeting 
     not later than 120 days after the date of the enactment of 
     this Act. The Committee shall meet at least twice each year 
     thereafter. Meetings will be opened to the public.

     SEC. 805. STATE AND LOCAL WETLAND CONSERVATION PLANS AND 
                   STRATEGIES; GRANTS TO FACILITATE THE 
                   IMPLEMENTATION OF SECTION 404.

       (a) State Wetland Conservation Plans and Strategies.--
     Subject to the requirements of this section, the 
     Administrator shall make grants to States and tribes to 
     assist in the development and implementation of wetland 
     conservation plans and strategies. More specific goals for 
     such conservation plans and strategies may include:
       (1) Inventorying State wetland resources, identifying 
     individual and cumulative losses, identifying State and local 
     programs applying to wetland resources, determining gaps in 
     such programs, and making recommendations for filling those 
     gaps.
       (2) Developing and coordinating existing State, local, and 
     regional programs for wetland management and protection on a 
     watershed basis.
       (3) Increasing the consistency of Federal, State, and local 
     wetland definitions, delineation, and permitting approaches.
       (4) Mapping and characterizing wetland resources on a 
     watershed basis.
       (5) Identifying sites with wetland restoration or creation 
     potential.
       (6) Establishing management strategies for reducing causes 
     of wetland degradation and restoring wetlands on a watershed 
     basis.
       (7) Assisting regional and local governments prepare 
     watershed plans for areas with a high percentage of lands 
     classified as wetlands or otherwise in need of special 
     management.
       (8) Establishing and implementing State or local permitting 
     programs under section 404(e) or 404(h) of the Federal Water 
     Pollution Control Act.
       (b) Regional and Local Wetland Planning, Regulation, and 
     Management Programs.--Subject to the requirements of this 
     section, the Administrator shall make grants to States which 
     will, in turn, use this funding to make grants to regional 
     and local governments to assist them in adopting and 
     implementing wetland and watershed management programs 
     consistent with goals stated in section 101 of the Federal 
     Water Pollution Control Act and section 802 of this Act. Such 
     plans shall be integrated with (where appropriate) or 
     coordinated with planning efforts pursuant to section 319 of 
     the Federal Water Pollution Control Act. Such programs shall, 
     at a minimum, involve the inventory of wetland resources and 
     the adoption of plans and policies to help achieve the goal 
     of no net loss of wetland resources on a watershed basis. 
     Other goals may include, but are not limited to:
       (1) Integration of wetland planning and management with 
     broader water resource and land use planning and management, 
     including flood control, water supply, storm water 
     management, and control of point and nonpoint source 
     pollution.
       (2) Adoption of measures to increase consistency in 
     Federal, State, and local wetland definitions, delineation, 
     and permitting approaches.
       (3) Establishment of management strategies for restoring 
     wetlands on a watershed basis.
       (c) Grants To Facilitate the Implementation of Section 
     404.--Subject to the requirements of this section, the 
     Administrator may make grants to States which assist the 
     Federal Government in the implementation of the section 404 
     Federal Water Pollution Control program through State 
     assumption of permitting pursuant to sections 404(g) and 
     404(h) of such Act through State permitting through a State 
     programmatic general permit pursuant to section 404(e) of 
     such Act or through monitoring and enforcement activities. In 
     order to be eligible to receive a grant under this section a 
     State shall provide assurances satisfactory to the 
     Administrator that amounts received by the State in grants 
     under this section will be used to issue regulatory permits 
     or to enforce regulations consistent with the overall goals 
     of section 802 and the standards and procedures of section 
     404(g) or 404(e) of this Act.
       (d) Maximum Amount.--No State may receive more than 
     $500,000 in total grants under subsections (a), (b), and (c) 
     in any fiscal year and more than $300,000 in grants for 
     subsection (a), (b), or (c), individually.
       (e) Federal Share.--The Federal share of the cost of 
     activities carried out using amounts made available in grants 
     under this section shall not exceed 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 per 
     fiscal year for each of fiscal years 1996, 1997, 1998, 1999, 
     and 2000.

     SEC. 806. NATIONAL COOPERATIVE WETLAND ECOSYSTEM RESTORATION 
                   STRATEGY.

       (a) Development.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in cooperation 
     with other Federal agencies, State, and local governments, 
     and representatives of the private sector, shall initiate the 
     development of a National Cooperative Wetland Ecosystem 
     Restoration Strategy.
       (b) Goals.--The goal of the National Cooperative Wetland 
     Ecosystem Restoration Strategy shall be to restore damaged 
     and degraded wetland and riparian ecosystems consistent with 
     the goals of the Water Pollution Control Amendments and the 
     goals of section 802, and the recommendations of the National 
     Academy of Sciences with regard to the restoration of aquatic 
     ecosystems.
       (c) Functions.--The National Cooperative Wetland Ecosystem 
     Restoration Strategy shall--
       (1) be designed to help coordinate and promote restoration 
     efforts by Federal, State, regional, and local governments 
     and the private sector, including efforts authorized by the 
     Coastal Wetlands Planning, Protection, and Restoration Act, 
     the North American Waterfowl Management Plan, the Wetlands 
     Reserve Program, and the wetland restoration efforts on 
     Federal, State, local, and private lands;
       (2) involve the Federal, State, and local Wetlands 
     Coordination Committee established pursuant to section 804;
       (3) inventory and evaluate existing restoration efforts and 
     make suggestions for the establishment of new watershed 
     specific efforts consistent with existing Federal programs 
     and State, regional, and local wetland protection and 
     management efforts;
       (4) evaluate the role presently being played by wetland 
     restoration in both regulatory and nonregulatory contexts and 
     the relative success of wetland restoration in these 
     contexts;
       (5) develop criteria for identifying wetland restoration 
     sites on a watershed basis, procedures for wetlands 
     restoration, and ecological criteria for wetlands 
     restoration; and
       (6) identify regulatory obstacles to wetlands ecosystem 
     restoration and recommend methods to reduce such obstacles.

     SEC. 807. PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL.

       (a) Permit Monitoring and Tracking.--Section 404(a) (33 
     U.S.C. 1344) is amended by adding at the end thereof the 
     following: ``The Secretary shall, in cooperation with the 
     Administrator, establish a permit monitoring and tracking 
     programs on a watershed basis to monitor the cumulative 
     impact of individual and general permits issued under this 
     section. This program shall determine the impact of permitted 
     activities in relationship to the no net loss goal. Results 
     shall be reported biannually to Congress.''.
       (b) Issuance of General Permits.--Paragraph (1) of section 
     404(e) is amended by inserting ``local,'' before ``State, 
     regional, or nationwide basis'' in the first sentence.
       (c) Revocation or Modification of General Permits.--
     Paragraph (2) of section 404(e) is amended by striking the 
     period at the end and inserting ``or a State or local 
     government has failed to adequately monitor and control the 
     individual and cumulative adverse effects of activities 
     authorized by State or local programmatic general permits.''.
       (d) Programmatic General Permits.--Section 404(e) is 
     amended by adding at the end thereof the following new 
     paragraph:
       ``(3) Programmatic general permits.--Consistent with the 
     following requirements, the Secretary may, after notice and 
     opportunity for public comment, issue State or local 
     programmatic general permits for the purpose of avoiding 
     unnecessary duplication of regulations by State, regional, 
     and local regulatory programs:
       ``(A) The Secretary may issue a programmatic general permit 
     based on a State, regional, or local government regulatory 
     program if that general permit includes adequate safeguards 
     to ensure that the State, 
     [[Page H4638]] regional, or local program will have no more 
     than minimal cumulative impacts on the environment and will 
     provide at least the same degree of protection for the 
     environment, including all waters of the United States, and 
     for Federal interests, as is provided by this section and by 
     the Federal permitting program pursuant to section 404(a).
      Such safeguards shall include provisions whereby the Corps 
     District Engineer and the Regional Administrators or 
     Directors of the Environmental Protection Agency, the 
     United States Fish and Wildlife Service, and the National 
     Marine Fisheries Service (where appropriate), shall have 
     an opportunity to review permit applications submitted to 
     the State, regional, or local regulatory agency which 
     would have more than minimal individual or cumulative 
     adverse impacts on the environment, attempt to resolve any 
     environmental concern or protect any Federal interest at 
     issue, and, if such concern is not adequately addressed by 
     the State, local, or regional agency, require the 
     processing of an individual Federal permit under this 
     section for the specific proposed activity. The Secretary 
     shall ensure that the District Engineer will utilize this 
     authority to protect all Federal interests including, but 
     not limited to, national security, navigation, flood 
     control, Federal endangered or threatened species, Federal 
     interests under the Wild and Scenic Rivers Act, special 
     aquatic sites of national importance, and other interests 
     of overriding national importance. Any programmatic 
     general permit issued under this subsection shall be 
     consistent with the guidelines promulgated to implement 
     subsection (b)(1).
       ``(B) In addition to the requirements of subparagraph (A), 
     the Secretary shall not promulgate any local or regional 
     programmatic general permit based on a local or regional 
     government's regulatory program unless the responsible unit 
     of government has also adopted a wetland and watershed 
     management plan and is administering regulations to implement 
     this plan. The watershed management plan shall include--
       ``(i) the designation of a local or regional regulatory 
     agency which shall be responsible for issuing permits under 
     the plan and for making reports every 2 years on 
     implementation of the plan and on the losses and gains in 
     functions and acres of wetland within the watershed plan 
     area;
       ``(ii) mapping of--
       ``(I) the boundary of the plan area;
         ``(II) all wetlands and waters within the plan area as 
     well as other areas proposed for protection under the plan; 
     and
       ``(III) proposed wetland restoration or creation sites with 
     a description of their intended functions upon completion and 
     the time required for completion;
       ``(iii) a description of the regulatory policies and 
     standards applicable to all wetlands and waters within the 
     plan areas and all activities which may affect these wetlands 
     and waters that will assure, at a minimum, no net loss of the 
     functions and acres of wetlands within the plan area; and
       ``(iv) demonstration that the regulatory agency has the 
     legal authority and scientific monitoring capability to carry 
     out the proposed plan including the issuance, monitoring, and 
     enforcement of permits in compliance with the plan.''.
       (e) Grandfather of Existing General Permits.--Section 
     404(e) is further amended by adding at the end the following:
       ``(4) Grandfather of existing general permits.--General 
     permits in effect on day before the date of the enactment of 
     the Wetlands and Watershed Management Act of 1995 shall 
     remain in effect until otherwise modified by the 
     Secretary.''.
       (f) Discharges Not Requiring a Permit.--Section 404(f) (33 
     U.S.C. 1344(f)) is amended by striking the subsection 
     designation and paragraph (1) and inserting the following:
       ``(f) Exemptions.--
       ``(1) Activities not requiring permit.--
       ``(A) In general.--Activities are exempt from the 
     requirements of this section and are not prohibited by or 
     otherwise subject to regulation under this section or section 
     301 or 402 of this Act (except effluent standards or 
     prohibitions under section 307 of this Act) if such 
     activities--
       ``(i) result from normal farming, silviculture, 
     aquaculture, and ranching activities and practices, including 
     but not limited to plowing, seeding, cultivating, haying, 
     grazing, normal maintenance activities, minor drainage, 
     burning of vegetation in connection with such activities, 
     harvesting for the production of food, fiber, and forest 
     products, or upland soil and water conservation practices;
       ``(ii) are for the purpose of maintenance, including 
     emergency reconstruction of recently damaged parts, of 
     currently serviceable structures such as dikes, dams, levees, 
     flood control channels or other engineered flood control 
     facilities, water control structures, water supply reservoirs 
     (where such maintenance involves periodic water level 
     drawdowns) which provide water predominantly to public 
     drinking water systems, groins, riprap, breakwaters, utility 
     distribution and transmission lines, causeways, and bridge 
     abutments or approaches, and transportation structures;
       ``(iii) are for the purpose of construction or maintenance 
     of farm, stock or aquaculture ponds, wastewater retention 
     facilities (including dikes and berms) that are used by 
     concentrated animal feeding operations, or irrigation canals 
     and ditches or the maintenance or reconstruction of drainage 
     ditches and tile lines;
       ``(iv) are for the purpose of construction of temporary 
     sedimentation basins on a construction site, or the 
     construction of any upland dredged material disposal area, 
     which does not include placement of fill material into the 
     navigable waters;
       ``(v) are for the purpose of construction or maintenance of 
     farm roads or forest roads, in accordance with best 
     management practices, to assure that flow and circulation 
     patterns and chemical and biological characteristics of the 
     waters are not impaired, that the reach of the waters is not 
     reduced, and that any adverse effect on the aquatic 
     environment will be otherwise minimized;
       ``(vi) are undertaken on farmed wetlands, except that any 
     change in use of such land for the purpose of undertaking 
     activities that are not exempt from regulation under this 
     subsection shall be subject to the requirements of this 
     section to the extent that such farmed wetlands are 
     `wetlands' under this section;
       ``(vii) are undertaken in incidentally created wetlands, 
     unless such incidentally created wetlands have exhibited 
     wetlands functions and values for more than 5 years in which 
     case activities undertaken in such wetlands shall be subject 
     to the requirements of this section; and
       ``(viii) are for the purpose of preserving and enhancing 
     aviation safety or are undertaken in order to prevent an 
     airport hazard.''.
       (g) Areas Not Considered To Be Navigable Waters.--Section 
     404(f) is further amended by adding the following:
       ``(3) Areas not considered to be navigable waters.--
       ``(A) In general.--For purposes of this section, the 
     following shall not be considered navigable waters:
       ``(i) Irrigation ditches excavated in uplands.
       ``(ii) Artificially irrigated areas which would revert to 
     uplands if the irrigation ceased.
       ``(iii) Artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and which are 
     used exclusively for stock watering, irrigation, or rice 
     growing.
       ``(iv) Artificial reflecting or swimming pools or other 
     small ornamental bodies of water created by excavating or 
     diking uplands to retain water for primarily aesthetic 
     reasons.
       ``(v) Temporary, water filled depressions created in 
     uplands incidental to construction activity.
       ``(vi) Pits excavated in uplands for the purpose of 
     obtaining fill, sand, gravel, aggregates, or minerals, unless 
     and until the construction or excavation operation is 
     abandoned and the resulting body of water meets the 
     definition of waters of the United States.
       ``(vii) Artificial stormwater detention areas and 
     artificial sewage treatment areas which are not modified 
     natural waters.
       ``(B) Demonstration required.--Subparagraph (A) shall not 
     apply to a particular water body unless the person desiring 
     to discharge dredged or fill material in that water body is 
     able to demonstrate that the water body qualifies under 
     subparagraph (A) for exemption from regulation under this 
     section.''.

     SEC. 808. TECHNICAL ASSISTANCE TO PRIVATE LANDOWNERS, 
                   CODIFICATION OF REGULATIONS AND POLICIES.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(u)(1) The Secretary and the Administrator shall in 
     cooperation with the United States Fish and Wildlife Service, 
     Natural Resources Conservation Service, and National Marine 
     Fisheries Service provide technical assistance to private 
     landowners in delineation of wetlands and the planning and 
     management of their wetlands. This assistance shall include--
       ``(A) the delineation of wetland boundaries within 90 days 
     (providing on the ground conditions allow) of a request for 
     such delineation for a project with a proposed individual 
     permit application under this section and a total assessed 
     value of less than $15,000; and
       ``(B) the provision of technical assistance to owners of 
     wetlands in the preparation of wetland
      management plans for their lands to protect and restore 
     wetlands and meet other goals of this Act, including 
     control of nonpoint and point sources of pollution, 
     prevention and reduction of erosion, and protection of 
     estuaries and lakes.
       ``(2) The Secretary shall prepare, update on a biannual 
     basis, and make available to the public for purchase at cost, 
     an indexed publication containing all Federal regulations, 
     general permits, and regulatory guidance letters relevant to 
     the permitting of activities in wetland areas pursuant to 
     section 404(a). The Secretary and the Administrator shall 
     also prepare and distribute brochures and pamphlets for the 
     public addressing--
       ``(A) the delineation of wetlands,
       ``(B) wetland permitting requirements; and
       ``(C) wetland restoration and other matters considered 
     relevant.''.

     SEC. 809. DELINEATION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(v) Delineation.--
       ``(1) In general.--The United States Army Corps of 
     Engineers, the United States Environmental Protection Agency, 
     and other Federal agencies shall use the 1987 Corps of 
     Engineers Manual for the Delineation of Jurisdictional 
     Wetlands pursuant to this section until a new manual has been 
     prepared and formally adopted by the Corps and the 
     [[Page H4639]] Environmental Protection Agency with input 
     from the United States Fish and Wildlife Service, Natural 
     Resources, Natural Resources Conservation Service, and other 
     relevant agencies and adopted after field testing, hearing, 
     and public comment. Any new manual shall take into account 
     the conclusions of the National Academy of Sciences panel 
     concerning the delineation of wetlands. The Corps, in 
     cooperation with the Environmental Protection Agency and the 
     Department of Agriculture, shall develop materials and 
     conduct training courses for consultants, State, and local 
     governments, and landowners explaining the use of the Corps 
     1987 wetland manual in the delineation of wetland areas. The 
     Corps, in cooperation with the Environmental Protection 
     Agency and the Department of Agriculture, may also, in 
     cooperation with the States, develop supplemental criteria 
     and procedures for identification of regional wetland types. 
     Such criteria and procedures may include supplemental plant 
     and soil lists and supplementary technical criteria 
     pertaining to wetland hydrology, soils, and vegetation.
       ``(2) Agricultural lands.--
       ``(A) Delineation by secretary of agriculture.--For 
     purposes of this section, wetlands located on agricultural 
     lands and associated nonagricultural lands shall be 
     delineated solely by the Secretary of Agriculture in 
     accordance with section 1222(j) of the Food Security Act of 
     1985 (16 U.S.C. 3822(j)).
       ``(B) Exemption of lands exempted under food security 
     act.--Any area of agricultural land or any discharge related 
     to the land determined to be exempt from the requirements of 
     subtitle C of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3821 et seq.) shall also be exempt from the 
     requirements of this section for such period of time as those 
     lands are used as agricultural lands.
       ``(C) Effect of appeal determination pursuant to food 
     security act.--Any area of agricultural land or any discharge 
     related to the land determined to be exempt pursuant to an 
     appeal taken pursuant to subtitle C of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3821 et seq.) shall be exempt 
     under this
      section for such period of time as those lands are used as 
     agricultural lands.''.

     SEC. 810. FAST TRACK FOR MINOR PERMITS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(w)(1) Not later than 6 months after the date of 
     enactment of this subsection, the Secretary shall issue 
     regulations to explore the review and practice of individual 
     permits for minor activities. Minor activities include 
     activities of 1 acre or less in size which also have minor 
     direct, secondary, or cumulative impacts.
       ``(2) Permit applications for minor permits shall 
     ordinarily be processed within 60 days of the receipt of 
     completed application.
       ``(3) The Secretary shall establish fast-track field teams 
     or other procedures in the individual offices sufficient to 
     expedite the processing of the individual permits involving 
     minor activities.''.

     SEC. 811. COMPENSATORY MITIGATION.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(x) General Requirements.--(1) Each permit issued under 
     this section that results in loss of wetland functions or 
     acreage shall require compensatory mitigation. The preferred 
     sequence of mitigation options is as set forth in 
     subparagraph (A) and (C). However, the Secretary shall have 
     sufficient flexibility to approve practical options that 
     provide the most protection to the resource--
       ``(A) measures shall first be undertaken by the permittee 
     to avoid any adverse effects on wetlands caused by activities 
     authorized by the permit.
       ``(B) measures shall be undertaken by the permittee to 
     minimize any such adverse effects that cannot be avoided;
       ``(C) measures shall then be undertaken by the permittee to 
     compensate for adverse impacts on wetland functions, values, 
     and acreage;
       ``(D) where compensatory mitigation is used, preference 
     shall be given to in-kind restoration on the same water body 
     and within the same local watershed;
       ``(E) where on-site and in-kind compensatory mitigation are 
     impossible, impractical, would fail to work in the 
     circumstances, or would not make ecological sense, off-site 
     and/or out-of-kind compensatory mitigation may be permitted 
     within the watershed including participation in cooperative 
     mitigation ventures or mitigation banks as provided in 
     section 404(y).
       ``(2) The Secretary in consultation with the Administrator 
     shall ensure that compensable mitigation by a permitee--
       ``(A) is a specific, enforceable condition of the permit 
     for which it is required;
       ``(B) will meet defined success criteria; and
       ``(C) is monitored to ensure compliance with the conditions 
     of the permit and to determine the effectiveness of the 
     mitigation in compensating for the adverse effects for which 
     it is required.''.

     SEC. 812. COOPERATIVE MITIGATION VENTURES AND MITIGATION 
                   BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(y)(1) Not later than 1 year after the date of the 
     enactment of this Act, the Secretary and the Administrator 
     shall jointly issue rules for a system of cooperative 
     mitigation ventures and wetland banks. Such rules shall, at 
     the minimum, address the following topics:
       ``(A) Mitigation banks and cooperative ventures may be used 
     on a watershed basis to compensate for unavoidable wetland 
     losses which cannot be compensated on-site due to inadequate 
     hydrologic conditions, excessive sedimentation, water 
     pollution, or other problems. Mitigation banks and 
     cooperative
      ventures may also be used to improve the potential success 
     of compensatory mitigation through the use of larger 
     projects, by locating projects in areas in more favorable 
     short-term and long-term hydrology and proximity to other 
     wetlands and waters, and by helping to ensure short-term 
     and long-term project protection, monitoring, and 
     maintenance.
       ``(B) Parties who may establish mitigation banks and 
     cooperative mitigation ventures for use in specific context 
     and for particular types of wetlands may include government 
     agencies, nonprofits, and private individuals.
       ``(C) Surveys and inventories on a watershed basis of 
     potential mitigation sites throughout a region or State shall 
     ordinarily be required prior to the establishment of 
     mitigation banks and cooperative ventures pursuant to this 
     section.
       ``(D) Mitigation banks and cooperative mitigation ventures 
     shall be used in a manner consistent with the sequencing 
     requirements to mitigate unavoidable wetland impacts. Impacts 
     should be mitigated within the watershed and water body if 
     possible with on-site mitigation preferable as set forth in 
     section 404(x).
       ``(E) The long-term security of ownership interests of 
     wetlands and uplands on which projects are conducted shall be 
     insured to protect the wetlands values associated with those 
     wetlands and uplands;
       ``(F) Methods shall be specified to determine debits by 
     evaluating wetland functions, values, and acreages at the 
     sites of proposed permits for discharges or alternations 
     pursuant to subsections (a), (c), and (g) and methods to be 
     used to determine credits based upon functions, values, and 
     acreages at the times of mitigation banks and cooperative 
     mitigation ventures.
       ``(G) Geographic restrictions on the use of banks and 
     cooperative mitigation ventures shall be specified. In 
     general, mitigation banks or cooperative ventures shall be 
     located on the same water body as impacted wetlands. If this 
     is not possible or practical, banks or ventures shall be 
     located as near as possible to impacted projects with 
     preference given to the same watershed where the impact is 
     occurring.
       ``(H) Compensation ratios for restoration, creation, 
     enhancement, and preservation reflecting and overall goal of 
     no net loss of function and the status of scientific 
     knowledge with regard to compensation
      for individual wetlands, risks, costs, and other relevant 
     factors shall be specified. A minimum restoration 
     compensation ratio of 1:1 shall be required for 
     restoration of lost acreage with larger compensation 
     ratios for wetland creation, enhancement and preservation.
       ``(I) Fees to be charged for participation in a bank or 
     cooperative mitigation venture shall be based upon the costs 
     of replacing lost functions and acreage on-site and off-site; 
     the risks of project failure, the costs of long-term 
     maintenance, monitoring, and protection, and other relevant 
     factors.
       ``(J) Responsibilities for long-term monitoring, 
     maintenance, and protection shall be specified.
       ``(K) Public review of proposals for mitigation banks and 
     cooperative mitigation ventures through one or more public 
     hearings shall be provided.
       ``(2) The Secretary, in consultation with the 
     Administrator, is authorized to establish and implement a 
     demonstration program for creating and implementing 
     mitigation banks and cooperative ventures and for evaluating 
     alternative approaches for mitigation banks and cooperative 
     mitigation ventures as a means of contributing to the goals 
     established by section 101(a)(8) or section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 401 and 403). The Secretary shall 
     also monitor and evaluate existing banks and cooperative 
     ventures and establish a number of such banks and cooperative 
     ventures to test and demonstrate:
       ``(A) The technical feasibility of compensation for lost 
     on-site values through off-site cooperative mitigation 
     ventures and mitigation banks.
       ``(B) Techniques for evaluating lost wetland functions and 
     values at sites for which permits are sought pursuant to 
     section 404(a) and techniques for determining appropriate 
     credits and debits at the sites of cooperative mitigation 
     ventures and mitigation banks.
       ``(C) The adequacy of alternative institutional 
     arrangements for establishing and administering mitigation 
     banks and cooperative mitigation ventures.
       ``(D) The appropriate geographical locations of bank or 
     cooperative mitigation ventures in compensation for lost 
     functions and values.
       ``(E) Mechanisms for ensuring short-term and long-term 
     project monitoring and maintenance.
       ``(F) Techniques and incentives for involving private 
     individuals in establishing and implementing mitigation banks 
     and cooperative mitigation ventures.
     Not later than 3 years after the date of the enactment of 
     this subsection, the Secretary shall transmit to Congress a 
     report evaluating mitigation banks and cooperative ventures. 
     The Secretary shall also, within this time period, prepare 
     educational materials and conduct training programs with 
     regard to the use of mitigation banks and cooperative 
     ventures.''.
     [[Page H4640]] SEC. 813. WETLANDS MONITORING AND RESEARCH.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(z) The Secretary, in cooperation with the Administrator, 
     the Secretary of Agriculture, the Director of the United 
     States Fish and Wildlife Service, and appropriate State and 
     local government entities, shall initiate, with opportunity 
     for public notice and comment, a research program of wetlands 
     and watershed management. The purposes of the research 
     program shall include, but not be limited--
       ``(1) to study the functions, values and management needs 
     of altered, artificial, and managed wetland systems including 
     lands that were converted to production of commodity crops 
     prior to December 23, 1985, and report to Congress within 2 
     years of the date of the enactment of this subsection;
       ``(2) to study techniques for managing and restoring 
     wetlands within a watershed context;
       ``(3) to study techniques for better coordinating and 
     integrating wetland, floodplain, stormwater, point and 
     nonpoint source pollution controls, and water supply planning 
     and plan implementation on a watershed basis at all levels of 
     government; and
       ``(4) to establish a national wetland regulatory tracking 
     program on a watershed basis.
     This program shall track the individual and cumulative impact 
     of permits issued pursuant to section 404(a), 404(e), and 
     404(h) in terms of types of permits issued, conditions, and 
     approvals. The tracking program shall also include mitigation 
     required in terms of the amount required, types required, and 
     compliance.''.

     SEC. 814. ADMINISTRATIVE APPEALS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(aa) Administrative Appeals.--
       ``(1) Regulations establishing procedures.--Not later than 
     1 year after the date of the enactment of the Wetlands and 
     Watershed Management Act of 1995, the Secretary shall, after 
     providing notice and opportunity for public comment, issue 
     regulations establishing procedures pursuant to which--
       ``(A) a landowner may appeal a determination of regulatory 
     jurisdiction under this section with respect to a parcel of 
     the landowner's property;
       ``(B) a landowner may appeal a wetlands classification 
     under this section with respect to a parcel of the 
     landowner's property;
       ``(C) any person may appeal a determination that the 
     proposed activity on the landowner's property is not exempt 
     under subsection (f);
       ``(D) a landowner may appeal a determination that an 
     activity on the landowner's property does not qualify under a 
     general permit issued under this section;
       ``(E) an applicant for a permit under this section may 
     appeal a determination made pursuant to this section to deny 
     issuance of the permit or to impose a requirement under the 
     permit; and
       ``(F) a landowner or any other person required to restore 
     or otherwise alter a parcel of property pursuant to an order 
     issued under this section may appeal such order.
       ``(2) Deadline for filing appeal.--An appeal brought 
     pursuant to this subsection shall be filed not later than 30 
     days after the date on which the decision or action on which 
     the appeal is based occurs.
       ``(3) Deadline for decision.--An appeal brought pursuant to 
     this subsection shall be decided not later than 90 days after 
     the date on which the appeal is filed.
       ``(4) Participation in appeals process.--Any person who 
     participated in the public comment process concerning a 
     decision or action that is the subject of an appeal brought 
     pursuant to this subsection may participate in such appeal 
     with respect to those issues raised in the person's written 
     public comments.
       ``(5) Decisionmaker.--An appeal brought pursuant to this 
     subsection shall be heard and decided by an appropriate and 
     impartial official of the Federal Government, other than the 
     official who made the determination or carried out the action 
     that is the subject of the appeal.
       ``(6) Stay of penalties and mitigation.--A landowner or any 
     other person who has filed an appeal under this subsection 
     shall not be required to pay a penalty or perform mitigation 
     or restoration assessed under this section or section 309 
     until after the appeal has been decided.''.

     SEC. 815. CRANBERRY PRODUCTION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(bb) Cranberry Production.--Activities associated with 
     expansion, improvement, or modification of existing cranberry 
     production operations shall be deemed in compliance, for 
     purposes of sections 309 and 505, with section 301, if--
       ``(1) the activity does not result in the modification of 
     more than 10 acres of wetlands per operator per year and the 
     modified wetlands (other than where dikes and other necessary 
     facilities are placed) remain as wetlands or other waters of 
     the United States; or
       ``(2) the activity is required by any State or Federal 
     water quality program.''.

     SEC. 816. STATE CLASSIFICATION SYSTEMS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(cc) State Classification Systems.--
       ``(1) Guidelines.--Not later than 1 year after the date of 
     the enactment of this subsection, the Secretary, in 
     consultation with the Administrator, the Secretary of 
     Agriculture, and the Director of the United States Fish and 
     Wildlife Service, shall establish guidelines to aid States 
     and Indian tribes in establishing classification systems for 
     the planning, managing, and regulating of wetlands.
       ``(2) Establishment.--In accordance with the guidelines 
     established under paragraph (1), a State or Indian tribe may 
     establish a wetlands classification system for lands of the 
     State or Indian tribe and may submit such classification 
     system to the Secretary for approval. Upon approval, the 
     Secretary shall use such classification system in making 
     permit determinations and establishing mitigation 
     requirements for lands of the State or Indian tribe under 
     this section.
       ``(3) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to affect a State with an 
     approved program under subsection (h) or a State with a 
     wetlands classification system in effect on the date of the 
     enactment of this subsection.''.
     SEC. 817. DEFINITIONS.

       Section 502 (33 U.S.C. 1362) is amended by adding at the 
     end the following:
       ``(26) The term `wetland' means those areas that are 
     inundated or saturated by surface water or ground water at a 
     frequency and duration sufficient to support, and that under 
     normal circumstances do support, a prevalence of vegetation 
     typically adapted to life in saturated soil conditions.
       ``(27) The term `discharge of dredged or fill material' 
     means the act of discharging and any related act of filling, 
     grading, draining, dredging, excavation, channelization, 
     flooding, clearing of vegetation, driving of piling or 
     placement of other obstructions, diversion of water, or other 
     activities in navigable waters which impair the flow, reach, 
     or circulation of surface water, or which result in a more 
     than minimal change in the hydrologic regime, bottom contour, 
     or configuration of such waters, or in the type, 
     distribution, or diversity of vegetation in such waters.
       ``(28) The term `mitigation bank' shall mean wetland 
     restoration, creation, or enhancement projects undertaken 
     primarily for the purpose of providing mitigation 
     compensation credits for wetland losses from future 
     activities. Often these activities will be, as yet, 
     undefined.
       ``(29) The term `cooperative mitigation ventures' shall 
     mean wetland restoration, creation, or enhancement projects 
     undertaken jointly by several parties (such as private, 
     public, and nonprofit parties) with the primary goal of 
     providing compensation for wetland losses from existing or 
     specific proposed activities. Some compensation credits may 
     also be provided for future as yet undefined activities. Most 
     cooperative mitigation ventures will involve at least one 
     private and one public cooperating party.
       ``(30) The term `normal farming, silviculture, aquaculture 
     and ranching activities' means normal practices identified as 
     such by the Secretary of Agriculture, in consultation with 
     the Cooperative Extension Service for each State and the land 
     grant university system and agricultural colleges of the 
     State, taking into account existing practices and such other 
     practices as may be identified in consultation with the 
     affected industry or community.
       ``(31) The term `agricultural land' means cropland, 
     pastureland, native pasture, rangeland, an orchard, a 
     vineyard, nonindustrial forest land, an area that supports a 
     water dependent crop (including cranberries, taro, 
     watercress, or rice), and any other land used to produce or 
     support the production of an annual or perennial crop 
     (including forage or hay), aquaculture product, nursery 
     product, or wetland crop or the production of livestock.''.
                                H.R. 961

                         Offered By: Mr. Bonior

       Amendment No. 7: Page 22, strike lines 12 through 22.
       Page 22, line 23, strike ``(c)'' and insert ``(b)''.
       Page 27, line 8, strike ``(d)'' and insert ``(c)''.
                                H.R. 961

                         Offered By: Mr. Borski

       Amendment No. 8: Page 239, strike line 3 and all that 
     follows through line 22 on page 322 and insert the following:

            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Wetlands and Watershed 
     Management Act of 1995''.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares the following:
       (1) Wetlands perform a number of valuable functions needed 
     to restore and maintain the chemical, physical, and 
     biological integrity of the Nation's waters, including--
       (A) reducing pollutants (including nutrients, sediment, and 
     toxics) from nonpoint and point sources;
       (B) storing, conveying, and purifying flood and storm 
     waters;
       (C) reducing both bank erosion and wave and storm damage to 
     adjacent lands and trapping sediment from upland sources;
       (D) providing habitat and food sources for a broad range of 
     commercial and recreational fish, shellfish, and migratory 
     wildlife species (including waterfowl and endangered 
     species); and
     [[Page H4641]]   (E) providing a broad range of recreational 
     values for canoeing, boating, birding, and nature study and 
     observation.
       (2) Original wetlands in the contiguous United States have 
     been reduced by an estimated 50 percent and continue to 
     disappear at a rate of 200,000 to 300,000 acres a year. Many 
     of these original wetlands have also been altered or 
     partially degraded, reducing their ecological value.
       (3) Wetlands are highly sensitive to changes in water 
     regimes and are, therefore, susceptible to degradation by 
     fills, drainage, grading, water extractions, and other 
     activities within their watersheds which affect the quantity, 
     quality, and flow of surface and ground waters. Protection 
     and management of wetlands, therefore, should be integrated 
     with management of water systems on a watershed basis. A 
     watershed protection and management perspective is also 
     needed to understand and reverse the gradual, continued 
     destruction of wetlands that occurs due to cumulative 
     impacts.
       (4) Wetlands constitute an estimated 5 percent of the 
     Nation's surface area. Because much of this land is in 
     private ownership wetlands protection and management 
     strategies must take into consideration private property 
     rights and the need for economic development and growth. This 
     can be best accomplished in the context of a cooperative and 
     coordinated Federal, State, and local strategy for data 
     gathering, planning, management, and restoration with an 
     emphasis on advance planning of wetlands in watershed 
     contexts.
       (b) Purposes.--The purposes of this Act are--
       (1) to help create a coordinated national wetland 
     management effort with efficient use of scarce Federal, 
     State, and local financial and manpower resources to protect 
     wetland functions and values and reduce natural hazard 
     losses;
       (2) to help reverse the trend of wetland loss in a fair, 
     efficient, and cost-effective manner;
       (3) to reduce inconsistencies and duplication in Federal, 
     State, and local wetland management efforts and encourage 
     integrated permitting at the Federal, State, and local 
     levels;
       (4) to increase technical assistance, cooperative training, 
     and educational opportunities for States, local governments, 
     and private landowners;
       (5) to help integrate wetland protection and management 
     with other water resource management programs on a watershed 
     basis such as flood control, storm water management, 
     allocation of water supply, protection of fish and wildlife, 
     and point and nonpoint source pollution control;
       (6) to increase regionalization of wetland delineation and 
     management policies within a framework of national policies 
     through advance planning of wetland areas, programmatic 
     general permits and other approaches and the tailoring of 
     policies to ecosystem and land use needs to reflect 
     significant watershed variance in wetland resources;
       (7) to address the cumulative loss of wetland resources;
       (8) to increase the certainty and predictability of 
     planning and regulatory policies for private landowners;
       (9) to help achieve no overall net loss and net gain of the 
     remaining wetland base of the United
      States through watershed-based restoration strategies 
     involving all levels of government;
       (10) to restore and create wetlands in order to increase 
     the quality and quantity of the wetland resources and by so 
     doing to restore and maintain the quality and quantity of the 
     waters of the United States; and
       (11) to provide mechanisms for joint State, Federal, and 
     local development and testing of approaches to better protect 
     wetland resources such as mitigation banking.

     SEC. 803. STATE, LOCAL, AND LANDOWNER TECHNICAL ASSISTANCE 
                   AND COOPERATIVE TRAINING.

       (a) State and Local Technical Assistance.--Upon request, 
     the Administrator, or the Secretary of the Army, as 
     appropriate, shall provide technical assistance to State and 
     local governments in the development and implementation of 
     State and local government permitting programs under sections 
     404(e) and 404(h) of the Federal Water Pollution Control Act, 
     State wetland conservation plans under section 805, and 
     regional or local wetland management plans under section 805.
       (b) Cooperative Training.--The Administrator and the 
     Secretary, in cooperation with the Coordinating Committee 
     established pursuant to section 804, shall conduct training 
     courses for States and local governments involving wetland 
     delineation, utilization of wetlands in nonpoint pollution 
     control, wetland and stream restoration, wetland planning, 
     wetland evaluation, mitigation banking, and other subjects 
     deemed appropriate by the Administrator or Secretary.
       (c) Private Landowner Technical Assistance.--The 
     Administrator and Secretary shall, in cooperation with the 
     Coordination Committee, and appropriate Federal agencies 
     develop and provide to private landowners guidebooks, 
     pamphlets, or other materials and technical assistance to 
     help them in identifying and evaluating wetlands, developing 
     integrated wetland management plans for their lands 
     consistent with the goals of this Act and the Federal Water 
     Pollution Control Act, and restoring wetlands.

     SEC. 804. FEDERAL, STATE, AND LOCAL GOVERNMENT COORDINATING 
                   COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator shall 
     establish a Federal, State, and Local Government Wetlands 
     Coordinating Committee (hereinafter in this section referred 
     to as the ``Committee'').
       (b) Functions.--The Committee shall--
       (1) help coordinate Federal, State, and local wetland 
     planning, regulatory, and restoration programs on an ongoing 
     basis to reduce duplication, resolve potential conflicts, and 
     efficiently allocate manpower and resources at all levels of 
     government;
       (2) provide comments to the Secretary of the Army or 
     Administrator in adopting regulatory, policy, program, or 
     technical guidance affecting wetland systems;
       (3) help develop and field test, national policies prior to 
     implementation such as wetland, delineation, classification 
     of wetlands, methods for sequencing wetland mitigation 
     responses, the utilization of mitigation banks;
       (4) help develop and carry out joint technical assistance 
     and cooperative training programs as provided in section 803;
       (5) help develop criteria and implementation strategies for 
     facilitating State conservation plans and strategies, local 
     and regional wetland planning, wetland restoration and 
     creation, and State and local permitting programs pursuant to 
     section 404(e) or 404(g) of the Federal Water Pollution 
     Control Act; and
       (6) help develop a national strategy for the restoration of 
     wetland ecosystems pursuant to section 6 of this Act.
       (c) Membership.--The Committee shall be composed of 18 
     members as follows:
       (1) The Administrator or the designee of the Administrator.
       (2) The Secretary or the designee of the Secretary.
       (3) The Director of the United States Fish and Wildlife 
     Service or the designee of the Director.
       (4) The Chief of the Natural Resources Conservation Service 
     or the designee of the Chief.
       (5) The Undersecretary for Oceans and Atmosphere or the 
     designee of the Under Secretary.
       (6) One individual appointed by the Administrator who will 
     represent the National Governor's Association.
       (7) One individual appointed by the Administrator who will 
     represent the National Association of Counties.
       (8) One individual appointed by the Administrator who will 
     represent the National League of Cities.
       (9) One State wetland expert from each of the 10 regions of 
     the Environmental Protection Agency. Each member to be 
     appointed under this paragraph shall be jointly appointed by 
     the Governors of the States within the Environmental 
     Protection Agency's region. If the Governors from a region 
     cannot agree on such a representative, they will each submit 
     a nomination to the Administrator and the Administrator will 
     select a representative from such region.
       (d) Terms.--Each member appointed pursuant to paragraph 
     (6), (7), (8), or (9) of subsection (c) shall be appointed 
     for a term of 2 years.
       (e) Vacancies.--A vacancy in the Committee shall be filled, 
     on or before the 30th day after the vacancy occurs, in the 
     manner in which the original appointment was made.
       (f) Pay.--Members shall serve without pay, but may receive 
     travel expenses (including per diem in lieu of subsistence) 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (g) Cochairpersons.--The Administrator and one member 
     appointed pursuant to paragraph (6), (7), (8), or (9) of 
     subsection (c) (selected by such members) shall serve as 
     cochairpersons of the Committee.
       (h) Quorum.--Two-thirds of the members of the Committee 
     shall constitute a quorum but a lesser number may hold 
     meetings.
       (i) Meetings.--The Committee shall hold its first meeting 
     not later than 120 days after the date of the enactment of 
     this Act. The Committee shall meet at least twice each year 
     thereafter. Meetings will be opened to the public.

     SEC. 805. STATE AND LOCAL WETLAND CONSERVATION PLANS AND 
                   STRATEGIES; GRANTS TO FACILITATE THE 
                   IMPLEMENTATION OF SECTION 404.

       (a) State Wetland Conservation Plans and Strategies.--
     Subject to the requirements of this section, the 
     Administrator shall make grants to States and tribes to 
     assist in the development and implementation of wetland 
     conservation plans and strategies. More specific goals for 
     such conservation plans and strategies may include:
       (1) Inventorying State wetland resources, identifying 
     individual and cumulative losses, identifying State and local 
     programs applying to wetland resources, determining gaps in 
     such programs, and making recommendations for filling those 
     gaps.
       (2) Developing and coordinating existing State, local, and 
     regional programs for wetland management and protection on a 
     watershed basis.
       (3) Increasing the consistency of Federal, State, and local 
     wetland definitions, delineation, and permitting approaches.
       (4) Mapping and characterizing wetland resources on a 
     watershed basis.
       (5) Identifying sites with wetland restoration or creation 
     potential.
       (6) Establishing management strategies for reducing causes 
     of wetland degradation and restoring wetlands on a watershed 
     basis.
     [[Page H4642]]   (7) Assisting regional and local governments 
     prepare watershed plans for areas with a high percentage of 
     lands classified as wetlands or otherwise in need of special 
     management.
       (8) Establishing and implementing State or local permitting 
     programs under section 404(e) or 404(h) of the Federal Water 
     Pollution Control Act.
       (b) Regional and Local Wetland Planning, Regulation, and 
     Management Programs.--Subject to the requirements of this 
     section, the Administrator shall make grants to States which 
     will, in turn, use this funding to make grants to regional 
     and local governments to assist them in adopting and 
     implementing wetland and watershed management programs 
     consistent with goals stated in section 101 of the Federal 
     Water Pollution Control Act and section 802 of this Act. Such 
     plans shall be integrated with (where appropriate) or 
     coordinated with planning efforts pursuant to section 319 of 
     the Federal Water Pollution Control Act. Such programs shall, 
     at a minimum, involve the inventory of wetland resources and 
     the adoption of plans and policies to help achieve the goal 
     of no net loss of wetland resources on a watershed basis. 
     Other goals may include, but are not limited to:
       (1) Integration of wetland planning and management with 
     broader water resource and land use planning and management, 
     including flood control, water supply, storm water 
     management, and control of point and nonpoint source 
     pollution.
       (2) Adoption of measures to increase consistency in 
     Federal, State, and local wetland definitions, delineation, 
     and permitting approaches.
       (3) Establishment of management strategies for restoring 
     wetlands on a watershed basis.
       (c) Grants To Facilitate the Implementation of Section 
     404.--Subject to the requirements of this section, the 
     Administrator may make grants to States which assist the 
     Federal Government in the implementation of the section 404 
     Federal Water Pollution Control program through State 
     assumption of permitting pursuant to sections 404(g) and 
     404(h) of such Act through State permitting through a State 
     programmatic general permit pursuant to section 404(e) of 
     such Act or through monitoring and enforcement activities. In 
     order to be eligible to receive a grant under this section a 
     State shall provide assurances satisfactory to the 
     Administrator that amounts received by the State in grants 
     under this section will be used to issue regulatory permits 
     or to enforce regulations consistent with the overall goals 
     of section 802 and the standards and procedures of section 
     404(g) or 404(e) of this Act.
       (d) Maximum Amount.--No State may receive more than 
     $500,000 in total grants under subsections (a), (b), and (c) 
     in any fiscal year and more than $300,000 in grants for 
     subsection (a), (b), or (c), individually.
       (e) Federal Share.--The Federal share of the cost of 
     activities carried out using amounts made available in grants 
     under this section shall not exceed 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 per 
     fiscal year for each of fiscal years 1996, 1997, 1998, 1999, 
     and 2000.

     SEC. 806. NATIONAL COOPERATIVE WETLAND ECOSYSTEM RESTORATION 
                   STRATEGY.

       (a) Development.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in cooperation 
     with other Federal agencies, State, and local governments, 
     and representatives of the private sector, shall initiate the 
     development of a National Cooperative Wetland Ecosystem 
     Restoration Strategy.
       (b) Goals.--The goal of the National Cooperative Wetland 
     Ecosystem Restoration Strategy shall be to restore damaged 
     and degraded wetland and riparian ecosystems consistent with 
     the goals of the Water Pollution Control Amendments and the 
     goals of section 802, and the recommendations of the National 
     Academy of Sciences with regard to the restoration of aquatic 
     ecosystems.
       (c) Functions.--The National Cooperative Wetland Ecosystem 
     Restoration Strategy shall--
       (1) be designed to help coordinate and promote restoration 
     efforts by Federal, State, regional, and local governments 
     and the private sector, including efforts authorized by the 
     Coastal Wetlands Planning, Protection, and Restoration Act, 
     the North American Waterfowl Management Plan, the Wetlands 
     Reserve Program, and the wetland restoration efforts on 
     Federal, State, local, and private lands;
       (2) involve the Federal, State, and local Wetlands 
     Coordination Committee established pursuant to section 804;
       (3) inventory and evaluate existing restoration efforts and 
     make suggestions for the establishment of new watershed 
     specific efforts consistent with existing Federal programs 
     and State, regional, and local wetland protection and 
     management efforts;
       (4) evaluate the role presently being played by wetland 
     restoration in both regulatory and nonregulatory contexts and 
     the relative success of wetland restoration in these 
     contexts;
       (5) develop criteria for identifying wetland restoration 
     sites on a watershed basis, procedures for wetlands 
     restoration, and ecological criteria for wetlands 
     restoration; and
       (6) identify regulatory obstacles to wetlands ecosystem 
     restoration and recommend methods to reduce such obstacles.

     SEC. 807. PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL.

       (a) Section 404(a) (33 U.S.C. 1344) is amended by adding at 
     the end thereof the following: ``The Secretary shall, in 
     cooperation with the Administrator, establish a permit 
     monitoring and tracking programs on a watershed basis to 
     monitor the cumulative impact of individual and general 
     permits issued under this section. This program shall 
     determine the impact of permitted activities in relationship 
     to the no net loss goal. Results shall be reported biannually 
     to Congress.''.
       (b) Paragraph (1) of section 404(e) is amended by inserting 
     ``local,'' before ``State, regional, or nationwide basis'' in 
     the first sentence.
       (c) Paragraph (2) of section 404(e) is amended by striking 
     the period at the end and inserting ``or a State or local 
     government has failed to adequately monitor and control the 
     individual and cumulative adverse effects of activities 
     authorized by State or local programmatic general permits.''.
       (d) Section 404(e) is amended by adding at the end thereof 
     the following new paragraph:
       ``(3) Consistent with the following requirements, the 
     Secretary may, after notice and opportunity for public 
     comment, issue State or local programmatic general permits 
     for the purpose of avoiding unnecessary duplication of 
     regulations by State, regional, and local regulatory 
     programs:
       ``(A) The Secretary may issue a programmatic general permit 
     based on a State, regional, or local government regulatory 
     program if that general permit includes adequate safeguards 
     to ensure that the State, regional, or local program will 
     have no more than minimal cumulative impacts on the 
     environment and will provide at least the same degree of 
     protection for the environment, including all waters of the 
     United States, and for Federal interests, as is provided by 
     this section and by the Federal permitting program pursuant 
     to section 404(a). Such safeguards shall include provisions 
     whereby the Corps District Engineer and the Regional 
     Administrators or Directors of the Environmental Protection 
     Agency, the United States Fish and Wildlife Service, and the 
     National Marine Fisheries Service (where appropriate), shall 
     have an opportunity to review permit applications submitted 
     to the State, regional, or local regulatory agency which 
     would have more than minimal individual or cumulative adverse 
     impacts on the environment, attempt to resolve any 
     environmental concern or protect any Federal interest at 
     issue, and, if such concern is not adequately addressed by 
     the State, local, or regional agency, require the processing 
     of an individual Federal permit under this section for the 
     specific proposed activity. The Secretary shall ensure that 
     the District Engineer will utilize this authority to protect 
     all Federal interests including, but not limited to, national 
     security, navigation, flood control, Federal endangered or 
     threatened species, Federal interests under the Wild and 
     Scenic Rivers Act, special aquatic sites of national 
     importance, and other interests of overriding national 
     importance. Any programmatic general permit issued under this 
     subsection shall be consistent with the guidelines 
     promulgated to implement subsection (b)(1).
       ``(B) In addition to the requirements of subparagraph (A), 
     the Secretary shall not promulgate any local or regional 
     programmatic general permit based on a local or regional 
     government's regulatory program unless the responsible unit 
     of government has also adopted a wetland and watershed 
     management plan and is administering regulations to implement 
     this plan. The watershed management plan shall include--
       ``(i) the designation of a local or regional regulatory 
     agency which shall be responsible for issuing permits under 
     the plan and for making reports every 2 years on 
     implementation of the plan and on the losses and gains in 
     functions and acres of wetland within the watershed plan 
     area;
       ``(ii) mapping of--

       ``(I) the boundary of the plan area;
       ``(II) all wetlands and waters within the plan area as well 
     as other areas proposed for protection under the plan; and
       ``(III) proposed wetland restoration or creation sites with 
     a description of their intended functions upon completion and 
     the time required for completion;

       ``(iii) a description of the regulatory policies and 
     standards applicable to all wetlands and waters within the 
     plan areas and all activities which may affect these wetlands 
     and waters that will assure, at a minimum, no net loss of the 
     functions and acres of wetlands within the plan area; and
       ``(iv) demonstration that the regulatory agency has the 
     legal authority and scientific monitoring capability to carry 
     out the proposed plan including the issuance, monitoring, and 
     enforcement of permits in compliance with the plan.''.
       (e) Section 404(f) is amended by adding the following:
       ``(3)(A) For purposes of this section, the following shall 
     not be considered navigable waters:
       ``(i) Irrigation ditches excavated in uplands.
       ``(ii) Artificially irrigated areas which would revert to 
     uplands if the irrigation ceased.
       ``(iii) Artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and which are 
     used exclusively for stock watering, irrigation, or rice 
     growing.
     [[Page H4643]]   ``(iv) Artificial reflecting or swimming 
     pools or other small ornamental bodies of water created by 
     excavating or diking uplands to retain water for primarily 
     aesthetic reasons.
       ``(v) Temporary, water filled depressions created in 
     uplands incidental to construction activity.
       ``(vi) Pits excavated in uplands for the purpose of 
     obtaining fill, sand, gravel, aggregates, or minerals, unless 
     and until the construction or excavation operation is 
     abandoned and the resulting body of water meets the 
     definition of waters of the United States.
       ``(vii) Artificial stormwater detention areas and 
     artificial sewage treatment areas which are not modified 
     natural waters.
       ``(B) Subparagraph (A) shall not apply to a particular 
     water body unless the person desiring to conduct an activity 
     in that water body is able to demonstrate that the water body 
     qualifies under subparagraph (A) for exemption from 
     regulation under this section.''.

     SEC. 808. TECHNICAL ASSISTANCE TO PRIVATE LANDOWNERS, 
                   CODIFICATION OF REGULATIONS AND POLICIES.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(u)(1) The Secretary and the Administrator shall in 
     cooperation with the United States Fish and Wildlife Service, 
     Natural Resources Conservation Service, and National Marine 
     Fisheries Service provide technical assistance to private 
     landowners in delineation of wetlands and the planning and 
     management of their wetlands. This assistance shall include--
       ``(A) the delineation of wetland boundaries within 90 days 
     (providing on the ground conditions allow) of a request for 
     such delineation for a project with a proposed individual 
     permit application under this section and a total assessed 
     value of less than $15,000; and
       ``(B) the provision of technical assistance to owners of 
     wetlands in the preparation of wetland management plans for 
     their lands to protect and restore wetlands and meet other 
     goals of this Act, including control of nonpoint and point 
     sources of pollution, prevention and reduction of erosion, 
     and protection of estuaries and lakes.
       ``(2) The Secretary shall prepare, update on a biannual 
     basis, and make available to the public for purchase at cost, 
     an indexed publication containing all Federal regulations, 
     general permits, and regulatory guidance letters relevant to 
     the permitting of activities in wetland areas pursuant to 
     section 404(a). The Secretary and the Administrator shall 
     also prepare and distribute brochures and pamphlets for the 
     public addressing--
       ``(A) the delineation of wetlands,
       ``(B) wetland permitting requirements; and
       ``(C) wetland restoration and other matters considered 
     relevant.''.

     SEC. 809. DELINEATION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(v) The United States Army Corps of Engineers, the United 
     States Environmental Protection Agency, and other Federal 
     agencies shall use the 1987 Corps of Engineers Manual for the 
     Delineation of Jurisdictional Wetlands pursuant to this 
     section until a new manual has been prepared and formally 
     adopted by the Corps and the Environmental Protection Agency 
     with input from the United States Fish and Wildlife Service, 
     Natural Resources, Natural Resources Conservation Service, 
     and other relevant agencies and adopted after field testing, 
     hearing, and public comment. Any new manual shall take into 
     account the conclusions of the National Academy of Sciences 
     panel concerning the delineation of wetlands. The Corps in 
     cooperation with the Environmental Protection Agency shall 
     develop materials and conduct training courses for 
     consultants, State, and local governments, and landowners 
     explaining the use of the corps 1987 wetland manual in the 
     delineation of wetland areas. The Corps in cooperation with 
     the Environmental Protection Agency may also, in cooperation 
     with the States, develop supplemental criteria and procedures 
     for identification of regional wetland types. Such criteria 
     and procedures may include supplemental plant and soil lists 
     and supplementary technical criteria pertaining to wetland 
     hydrology, soils, and vegetation.''.

     SEC. 810. FAST TRACK FOR MINOR PERMITS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(w)(1) Not later than 6 months after the date of 
     enactment of this subsection, the Secretary shall issue 
     regulations to explore the review and practice of individual 
     permits for minor activities. Minor activities include 
     activities of 1 acre or less in size which also have minor 
     direct, secondary, or cumulative impacts.
       ``(2) Permit applications for minor permits shall 
     ordinarily be processed within 60 days of the receipt of 
     completed application.
       ``(3) The Secretary shall establish fast-track field teams 
     or other procedures in the individual offices sufficient to 
     expedite the processing of the individual permits involving 
     minor activities.''.

     SEC. 811. COMPENSATORY MITIGATION.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(x) General Requirements.--(1) Each permit issued under 
     this section that results in loss of wetland functions or 
     acreage shall require compensatory mitigation. The preferred 
     sequence of mitigation options is as
      set forth in subparagraph (A) and (C). However, the 
     Secretary shall have sufficient flexibility to approve 
     practical options that provide the most protection to the 
     resource--
       ``(A) measures shall first be undertaken by the permittee 
     to avoid any adverse effects on wetlands caused by activities 
     authorized by the permit.
       ``(B) measures shall be undertaken by the permittee to 
     minimize any such adverse effects that cannot be avoided;
       ``(C) measures shall then be undertaken by the permittee to 
     compensate for adverse impacts on wetland functions, values, 
     and acreage;
       ``(D) where compensatory mitigation is used, preference 
     shall be given to in-kind restoration on the same water body 
     and within the same local watershed;
       ``(E) where on-site and in-kind compensatory mitigation are 
     impossible, impractical, would fail to work in the 
     circumstances, or would not make ecological sense, off-site 
     and/or out-of-kind compensatory mitigation may be permitted 
     within the watershed including participation in cooperative 
     mitigation ventures or mitigation banks as provided in 
     section 404(y).
       ``(2) The Secretary in consultation with the Administrator 
     shall ensure that compensable mitigation by a permitee--
       ``(A) is a specific, enforceable condition of the permit 
     for which it is required;
       ``(B) will meet defined success criteria; and
       ``(C) is monitored to ensure compliance with the conditions 
     of the permit and to determine the effectiveness of the 
     mitigation in compensating for the adverse effects for which 
     it is required.''.

     SEC. 812. COOPERATIVE MITIGATION VENTURES AND MITIGATION 
                   BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(y)(1) Not later than 1 year after the date of the 
     enactment of this Act, the Secretary and the Administrator 
     shall jointly issue rules for a system of cooperative 
     mitigation ventures and wetland banks. Such rules shall, at 
     the minimum, address the following topics:
       ``(A) Mitigation banks and cooperative ventures may be used 
     on a watershed basis to compensate for unavoidable wetland 
     losses which cannot be compensated on-site due to inadequate 
     hydrologic conditions, excessive sedimentation, water 
     pollution, or other problems. Mitigation banks and 
     cooperative ventures may also be used to improve the 
     potential success of compensatory mitigation through the use 
     of larger projects, by locating projects in areas in more 
     favorable short-term and long-term hydrology and proximity to 
     other wetlands and waters, and by helping to ensure short-
     term and long-term project protection, monitoring, and 
     maintenance.
       ``(B) Parties who may establish mitigation banks and 
     cooperative mitigation ventures for use in specific context 
     and for particular types of wetlands may include government 
     agencies, nonprofits, and private individuals.
       ``(C) Surveys and inventories on a watershed basis of 
     potential mitigation sites throughout a region or State shall 
     ordinarily be required prior to the establishment of 
     mitigation banks and cooperative ventures pursuant to this 
     section.
       ``(D) Mitigation banks and cooperative mitigation ventures 
     shall be used in a manner consistent with the sequencing 
     requirements to mitigate unavoidable wetland impacts. Impacts 
     should be mitigated within the watershed and water body if 
     possible with on-site mitigation preferable as set forth in 
     section 404(x).
       ``(E) The long-term security of ownership interests of 
     wetlands and uplands on which projects are conducted shall be 
     insured to protect the wetlands values associated with those 
     wetlands and uplands;
       ``(F) Methods shall be specified to determine debits by 
     evaluating wetland functions, values, and acreages at the 
     sites of proposed permits for discharges or alternations 
     pursuant to subsections (a), (c), and (g) and methods to be 
     used to determine credits based upon functions, values, and 
     acreages at the times of mitigation banks and cooperative 
     mitigation ventures.
       ``(G) Geographic restrictions on the use of banks and 
     cooperative mitigation ventures shall be specified. In 
     general, mitigation banks or cooperative ventures shall be 
     located on the same water body as impacted wetlands. If this 
     is not possible or practical, banks or ventures shall be 
     located as near as possible to impacted projects with 
     preference given to the same watershed where the impact is 
     occurring.
       ``(H) Compensation ratios for restoration, creation, 
     enhancement, and preservation reflecting and overall goal of 
     no net loss of function and the status of scientific 
     knowledge with regard to compensation for individual 
     wetlands, risks, costs, and other relevant factors shall be 
     specified. A minimum restoration compensation ratio of 1:1 
     shall be required for restoration of lost acreage with larger 
     compensation ratios for wetland creation, enhancement and 
     preservation.
       ``(I) Fees to be charged for participation in a bank or 
     cooperative mitigation venture shall be based upon the costs 
     of replacing lost functions and acreage on-site and off-site; 
     the risks of project failure, the costs of long-term 
     maintenance, monitoring, and protection, and other relevant 
     factors.
       ``(J) Responsibilities for long-term monitoring, 
     maintenance, and protection shall be specified.
     [[Page H4644]]   ``(K) Public review of proposals for 
     mitigation banks and cooperative mitigation ventures through 
     one or more public hearings shall be provided.
       ``(2) The Secretary, in consultation with the 
     Administrator, is authorized to establish and implement a 
     demonstration program for creating and implementing 
     mitigation banks and cooperative ventures and for evaluating 
     alternative approaches for mitigation banks and cooperative 
     mitigation ventures as a means of contributing to the goals 
     established by section 101(a)(8) or section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 401 and 403). The Secretary shall 
     also monitor and evaluate existing banks and cooperative 
     ventures and establish a number of such banks and cooperative 
     ventures to test and demonstrate:
       ``(A) The technical feasibility of compensation for lost 
     on-site values through off-site cooperative mitigation 
     ventures and mitigation banks.
       ``(B) Techniques for evaluating lost wetland functions and 
     values at sites for which permits are sought pursuant to 
     section 404(a) and techniques for determining appropriate 
     credits and debits at the sites of cooperative mitigation 
     ventures and mitigation banks.
       ``(C) The adequacy of alternative institutional 
     arrangements for establishing and administering mitigation 
     banks and cooperative mitigation ventures.
       ``(D) The appropriate geographical locations of bank or 
     cooperative mitigation ventures in compensation for lost 
     functions and values.
       ``(E) Mechanisms for ensuring short-term and long-term 
     project monitoring and maintenance.
       ``(F) Techniques and incentives for involving private 
     individuals in establishing and implementing mitigation banks 
     and cooperative mitigation ventures.
      Not later than 3 years after the date of the enactment of 
     this subsection, the Secretary shall transmit to Congress 
     a report evaluating mitigation banks and cooperative 
     ventures. The Secretary shall also, within this time 
     period, prepare educational materials and conduct training 
     programs with regard to the use of mitigation banks and 
     cooperative ventures.''.

     SEC. 813. WETLANDS MONITORING AND RESEARCH.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(z) The Secretary, in cooperation with the Administrator, 
     the Director of the United States Fish and Wildlife Service, 
     and appropriate State and local government entities, shall 
     initiate, with opportunity for public notice and comment, a 
     research program of wetlands and watershed management. The 
     purposes of the research program shall include, but not be 
     limited--
       ``(1) to study the functions, values and management needs 
     of altered, artificial, and managed wetland systems including 
     lands that were converted to production of commodity crops 
     prior to December 23, 1985, and report to Congress within 2 
     years of the date of the enactment of this subsection;
       ``(2) to study techniques for managing and restoring 
     wetlands within a watershed context;
       ``(3) to study techniques for better coordinating and 
     integrating wetland, floodplain, stormwater, point and 
     nonpoint source pollution controls, and water supply planning 
     and plan implementation on a watershed basis at all levels of 
     government; and
       ``(4) to establish a national wetland regulatory tracking 
     program on a watershed basis.

     This program shall track the individual and cumulative impact 
     of permits issued pursuant to section 404(a), 404(e), and 
     404(h) in terms of types of permits issued, conditions, and 
     approvals. The tracking program shall also include mitigation 
     required in terms of the amount required, types required, and 
     compliance.''.

     SEC. 814. DEFINITIONS.

       Section 502 (33 U.S.C. 1362) is amended by adding at the 
     end the following:
       ``(28) The term `wetland' means those areas that are 
     inundated or saturated by surface water or ground water at a 
     frequency and duration sufficient to support, and that under 
     normal circumstances do support, a prevalence of vegetation 
     typically adapted to life in saturated soil conditions.
       ``(29) The term `discharge of dredged or fill material' 
     means the act of discharging and any related act of filling, 
     grading, draining, dredging, excavation, channelization, 
     flooding, clearing of vegetation, driving of piling or 
     placement of other obstructions, diversion of water, or other 
     activities in navigable waters which impair the flow, reach, 
     or circulation of surface water, or which result in a more 
     than minimal change in the hydrologic regime, bottom contour, 
     or configuration of such waters, or in the type, 
     distribution, or diversity of vegetation in such waters.
       ``(30) The term `mitigation bank' shall mean wetland 
     restoration, creation, or enhancement projects undertaken 
     primarily for the purpose of providing mitigation 
     compensation credits for wetland losses from future 
     activities. Often these activities will be, as yet, 
     undefined.
       ``(31) The term `cooperative mitigation ventures' shall 
     mean wetland restoration, creation, or enhancement projects 
     undertaken jointly by several parties (such as private, 
     public, and nonprofit parties) with the primary goal of 
     providing compensation for wetland losses from existing or 
     specific proposed activities. Some compensation credits may 
     also be provided for future as yet undefined activities. Most 
     cooperative mitigation ventures will involve at least one 
     private and one public cooperating party.''.

       Conform the table of contents of the bill accordingly.
                                H.R. 961

                  Offered By: Miss Collins of Michigan

       Amendment No. 9: Page 62, after line 14, insert the 
     following:
       (d) Consideration of Consumption Patterns.--Section 304(a) 
     is further amended by adding at the end the following:
       ``(13) Consideration of consumption patterns.--In 
     developing human health and aquatic life criteria under this 
     subsection, the Administrator shall take into account, where 
     practicable, the consumption patterns of diverse segments of 
     the population, including segments at disproportionately high 
     risk, such as minority populations, children, and women of 
     child-bearing age.''.
       Page 62, line 15, strike ``(d)'' and insert ``(e)''.
       Page 63, line 4, strike ``(e)'' and insert ``(f)''.
       Page 63, line 24, strike ``(f)'' and insert ``(g)''.
       Page 64, line 4, strike ``(g)'' and insert ``(h)''.
                                H.R. 961

                  Offered By: Miss Collins of Michigan

       Amendment No. 10: Page 73, strike lines 19 through 22 and 
     insert the following:
       (c) Fish Consumption Advisories.--Section 304 (33 U.S.C. 
     1314) is amended by adding at the end the following:
       ``(o) Fish Consumption Advisories.--
       ``(1) Posting.--Not later than 18 months after the date of 
     the enactment of this Act, the Administrator shall propose 
     and issue regulations establishing minimum, uniform 
     requirements and procedures requiring States, either directly 
     or through local authorities, to post signs, at reasonable 
     and appropriate points of public access, on navigable waters 
     or portions of navigable waters that significantly violate 
     applicable water quality standards under this Act or that are 
     subject to a fishing or shell-fishing ban, advisory, or 
     consumption restriction (issued by a Federal, State, or local 
     authority) due to fish or shellfish contamination.
       ``(2) Signs.--The regulations shall require the signs to be 
     posted under this subsection--
       ``(A) to indicate clearly the water quality standard that 
     is being violated or the nature and extent of the restriction 
     on fish or shellfish consumption;
       ``(B) to be in English, and when appropriate, any language 
     used by a large segment of the population in the immediate 
     vicinity of the navigable waters;
       ``(C) to include a clear warning symbol; and
       ``(D) to be maintained until the body of water is 
     consistently in compliance with the water quality standard or 
     until all fish and shellfish consumption restrictions are 
     terminated for the body of water or portion thereof.''.
                                H.R. 961

                  Offered By: Miss Collins of Michigan

       Page 73, after line 18, insert the following:

       (c) Fish and Shellfish Samplings.--Section 304 (33 U.S.C. 
     1314) is amended by adding at the end the following:
       ``(n) Fish and Shellfish Samplings; Monitoring.--Not later 
     than 18 months after the date of the enactment of this Act, 
     the Administrator shall propose and issue regulations to 
     establish uniform and scientifically sound requirements and 
     procedures for fish and shellfish sampling and analysis and 
     uniform requirements for monitoring of navigable waters that 
     do not meet applicable water quality standards under this Act 
     or that are subject to a fishing or shell-fishing ban, 
     advisory, or consumption restriction (issued by a Federal, 
     State, or local authority) due to fish or shellfish 
     contamination.''.

       Page 73, line 19, strike ``(c)'' and insert ``(d)''.
                                H.R. 961

                  Offered By: Miss Collins of Michigan

       Amendment No. 12: Page 203, after line 8, insert the 
     following:

     SEC. 410. ENVIRONMENTAL JUSTICE REVIEW.

       Section 402 (32 U.S.C. 1342) is further amended by adding 
     at the end the following:
       ``(u) Environmental Justice Review.--No permit may be 
     issued under this section unless the Administrator or the 
     State, as the case may be, first reviews the proposed permit 
     to identify and reduce disproportionately high and adverse 
     impacts to the health of, or environmental exposures of, 
     minority and low-income populations.''.
       Redesignate subsequent sections of the bill accordingly. 
     Conform the table of contents of the bill accordingly.
                                H.R. 961

                  Offered By: Miss Collins of Michigan

       Amendment No. 13: Page 213, after line 14, insert the 
     following:
     SEC. 508. DATA COLLECTION.

       Section 516 (33 U.S.C. 1375) is amended by inserting after 
     subsection (e) the following:
       ``(f) Data Collection.--
       ``(1) In general.--The Administrator shall, on an ongoing 
     basis--
       ``(A) collect, maintain, and analyze data necessary to 
     assess and compare the levels and sources of water pollution 
     to which minority and low-income populations are 
     disproportionately exposed; and
       [[Page H4645]] ``(B) for waters receiving discharges in 
     violation of permits issued under section 402 or waters with 
     levels of pollutants exceeding applicable water quality 
     standards under this Act, collect data on the frequency and 
     volume of discharges of each pollutant for which a violation 
     occurs into waters adjacent to or used by minority and low-
     income communities.
       ``(2) Publication.--The Administrator shall publish 
     summaries of the data collected under this section 
     annually.''.
       Redesignate subsequent sections of the bill accordingly. 
     Conform the table of contents of the bill accordingly.
       Page 236, strike lines 13 and 14.
       Page 236, line 15, strike ``(k)'' and insert ``(j)''.
                                H.R. 961

                         Offered By: Mr. Crane

       Amendment No. 14: Page 311, strike line 16 and all that 
     follows through line 9 on page 312.

                                H.R. 961

                        Offered By: Mr. Emerson

       Amendment No. 15: Insert the following new section into 
     H.R. 961:

     SEC.   . FEDERAL POWER ACT PART I PROJECTS.

       Section 511(a) of the Federal Water Pollution Control Act 
     (33 U.S.C. Sec. 1371) is amended by adding after ``subject to 
     section 10 of the Act of March 3, 1899,'' the following, and 
     by renumbering the remaining paragraph accordingly:
       ``(3) applying to hydropower projects within the 
     jurisdiction of the Federal Energy Regulatory Commission or 
     its successors under the authority of Part I of the Federal 
     Power Act (16 U.S.C. Sec. Sec. 791 et seq.);''.

                                H.R. 961

                        Offered By: Mr. English

       Amendment No. 16: Page 284, strike lines 10 through 18.
       Page 284, line 19, strike ``(3)'' and insert ``(2)''.

                                H.R. 961

                        Offered By: Mr. English

       Amendment No. 17: Page 249, line 13, strike ``20 percent'' 
     and insert ``30 percent''.
                                H.R. 961

                  Offered By: Mr. FRANKS of New Jersey

       Amendment No. 18: Page 323, strike line 1 and all that 
     follows through line 23 on page 326 and insert the following:

                    TITLE IX--NAVIGATIONAL DREDGING

     SEC. 901. REFERENCES TO ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Marine Protection, Research, and 
     Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.).

     SEC. 902. ENVIRONMENTAL PROTECTION AGENCY PERMITS.

       Section 102(c) (33 U.S.C. 1412(c)) is amended--
       (1) in the first sentence of paragraph (3) by striking 
     ``the Administrator, in conjunction with the Secretary,'' and 
     inserting ``the Secretary, in conjunction with the 
     Administrator,''; and
       (2) in the second sentence of paragraph (3) by striking 
     ``the Administrator and the Secretary'' and inserting ``the 
     Secretary and the Administrator''.

     SEC. 903. CORPS OF ENGINEERS PERMITS.

       (a) Disposal Sites.--Section 103(b) (33 U.S.C. 1413(b)) is 
     amended--
       (1) in the matter preceding paragraph (1) by striking ``, 
     with the concurrence of the Administrator,''; and
       (2) in paragraph (3) by striking ``Administrator'' and 
     inserting ``Secretary''.
       (b) Consultation With the Administrator.--Section 103(c) 
     (33 U.S.C. 1413(c)) is amended to read as follows:
       ``(c) Consultation With the Administrator.--Prior to 
     issuing a permit to any person under this section, the 
     Secretary shall first consult with the Administrator.''.

     SEC. 904. PENALTIES.

       Section 105 (33 U.S.C. 1415) is amended--
       (1) in the first sentence by inserting ``or, with respect 
     to violations of section 103, the Secretary'' before the 
     period at the end;
       (2) in the fourth, fifth, and sixth sentences by inserting 
     ``or the Secretary, as the case may be,'' after 
     ``Administrator'' each place it appears; and
       (3) in subsection (g)(2)(C) by inserting ``or the 
     Secretary, as the case may be,'' after ``the Administrator'' 
     the first place it appears.

     SEC. 905. ANNUAL REPORT.

       Section 112 (33 U.S.C. 1421) is amended by striking ``with 
     the concurrence of the Administrator''.

     SEC. 906. REFERENCE TO COMMITTEE.

       Section 104(i)(3) (33 U.S.C. 1414(i)(3)) is amended by 
     striking ``Merchant Marine and Fisheries'' and inserting 
     ``Transportation and Infrastructure''.
       Conform the table of contents of the bill accordingly.
                                H.R. 961

                  Offered by: Mr. Franks of New Jersey

       Amendment No. 19: Page 101, line 18, before the period 
     insert the following:

      except that a coastal State may submit a portion of its 
     management program relating to the coastal areas of the State 
     at an earlier date in which case the Administrator shall 
     approve or disapprove such portion under subsection (d) 
     within 6 months of the date of such submission

                                H.R. 961

                  Offered by: Mr. Franks of New Jersey

       Amendment No. 20: Page 108, line 7, after the first period 
     insert the following:

     Such rules and regulations shall provide for priority 
     consideration in the award of grants to coastal States under 
     this section to a coastal State which receives approval of 
     its management program, or any portion of such program 
     relating to the coastal zones of the State, on or before 
     December 31, 1995.

                                H.R. 961

                  Offered By: Mr. Franks of New Jersey

       Amendment No. 21: Page 97, line 22, before the closing 
     quotation marks insert the following:

     and, in watersheds of impaired or threatened waters in 
     coastal zones, with coastal zones being defined as the 
     federally approved State coastal management programs under 
     the Coastal Zone Management Act of 1972, to implement model 
     management practices and measures within 5 years of the date 
     of the enactment of the Clean Water Amendments of 1995

                                H.R. 961

                     Offered By: Mr. Frelinghuysen

       Amendment No. 22: Page 305, after line 4, insert the 
     following:

       ``(8) Treatment of existing programs.--Any State which has 
     received approval to administer a program pursuant to this 
     subsection before the date of the enactment of the 
     Comprehensive Wetlands Conservation and Management Act of 
     1995 shall not be required to reapply for approval and shall 
     be permitted to continue administering such program.

                                H.R. 961

                     Offered By: Mr. Frelinghuysen

       Amendment No. 23: In the matter proposed to be inserted as 
     section 404(l) of the Federal Water Pollution Control Act by 
     section 803 of the bill (as amended by Mr. Shuster's 
     amendment) strike paragraph (8) and insert the following:
       ``(8) Treatment of existing programs.--Any State which has 
     received approval to administer a program pursuant to this 
     subsection before the date of the enactment of the 
     Comprehensive Wetlands Conservation and Management Act of 
     1995 shall not be required to reapply for approval and shall 
     be permitted to continue administering such program.

                                H.R. 961

                     Offered by: Mr. Frelinghuysen

       Amendment No. 24: Page 305, after line 4, insert the 
     following:
       ``(8) Treatment of existing programs.--Any State which has 
     received approval to administer a program pursuant to this 
     subsection before the date of the enactment of the 
     Comprehensive Wetlands Conservation and Management Act of 
     1995 shall not be required to reapply for approval and shall 
     be permitted to continue administering such program.
                                H.R. 961

                       Offered By: Mr. Gilchrest

       Amendment No. 25: Page 243, strike line 9 and all that 
     follows through line 7 on page 249 and insert the following:
       ``(c) Wetlands Classification.--The Secretary shall issue 
     regulations for the classification of wetlands to the extent 
     practicable based on the best available science. Requirements 
     of this title based on the classification of wetlands as type 
     A, type B, or type C wetlands shall not become effective 
     until regulations are issued under this subsection.
       Page 282, line 11, strike ``subparagraphs (B) and (C)'' and 
     insert ``subparagraph (B)''.
       Page 282, strike line 12 and all that follows through line 
     22 on page 283.
       Page 283, strike line 23 and all that follows through 
     ``any'' on line 25 and insert the following:
       ``(B) Normal circumstances.--Any
       Page 311, line 17, strike ``section,'' and insert ``section 
     and''.
       Page 311, lines 18 through 20, strike ``, and no exception 
     shall be available under subsection (g)(1)(B),''.

                                H.R. 961

                       Offered By: Mr. Gilchrest

       Amendment No. 26: Page 309, strike lines 8 through 12.
       Page 309, line 13, strike ``(10)'' and insert ``(9)''.
       Page 312, line 10, strike ``(11)'' and insert ``(10)''.

                                H.R. 961

                        Offered By: Mr. Lipinski

       Amendment No. 27: Pages 231 and 232, strike the table and 
     insert the following:

``States:                                Percentage of sums authorized:
  Alabama........................................................0.7736
  Alaska.........................................................0.2500
  Arizona........................................................1.1526
  Arkansas.......................................................0.3853
  California.....................................................9.3957
  Colorado.......................................................0.6964
  Connecticut....................................................1.3875
  Delaware.......................................................0.2500
  District of Columbia...........................................0.3203
  Florida........................................................3.4696
  Georgia........................................................2.0334
  Hawaii.........................................................0.2629
  Idaho..........................................................0.2531
  Illinois.......................................................5.6615
  [[Page H4646]] Indiana.........................................3.1304
  Iowa...........................................................0.6116
  Kansas.........................................................0.8749
  Kentucky.......................................................1.3662
  Louisiana......................................................1.0128
  Maine..........................................................0.6742
  Maryland.......................................................1.6701
  Massachusetts..................................................4.3755
  Michigan.......................................................3.8495
  Minnesota......................................................1.3275
  Mississippi....................................................0.6406
  Missouri.......................................................1.7167
  Montana........................................................0.2500
  Nebraska.......................................................0.4008
  Nevada.........................................................0.2500
  New Hampshire..................................................0.4791
  New Jersey.....................................................4.7219
  New Mexico.....................................................0.2500
  New York......................................................14.7435
  North Carolina.................................................2.5920
  North Dakota...................................................0.2500
  Ohio...........................................................4.9828
  Oklahoma.......................................................0.6273
  Oregon.........................................................1.2483
  Pennsylvania...................................................4.2431
  Rhode Island...................................................0.4454
  South Carolina.................................................0.7480
  South Dakota...................................................0.2500
  Tennessee......................................................1.4767
  Texas..........................................................4.6773
  Utah...........................................................0.2937
  Vermont........................................................0.2722
  Virginia.......................................................2.4794
  Washington.....................................................2.2096
  West Virginia..................................................1.4346
  Wisconsin......................................................1.4261
  Wyoming........................................................0.2500
  Puerto Rico....................................................1.0866
  Northern Marianas..............................................0.0308
  American Samoa.................................................0.0908
  Guam...........................................................0.0657
  Palau..........................................................0.1295
  Virgin Islands..............................................0.0527''.

                                H.R. 961

                        Offered By: Mr. McIntosh

       Amendment No. 28: Page 99, line 5, strike the closing 
     quotation marks and the final period.
       Page 99, after line 5, insert the following:
       ``(J) An assurance that the State will not take any action 
     under the program limiting the use of any portion of private 
     property in a manner that diminishes the fair market value of 
     that portion by 20 percent or more without providing just 
     compensation to the property owner.''.

                                H.R. 961

                  Offered By: Mr. Miller of California

       Amendment No. 29: Title III of the bill is amended--
       (a) on page 33, by striking line 7 and all that follows 
     through line 10 on page 34;
       (b) on page 62, by striking line 21 and all that follows 
     through line 3 on page 63;
       (c) on page 64, by striking line 4 and all that follows 
     through line 14;
       (d) on page 77, by striking line 1 and all that follows 
     through line 23 on page 80;
       (e) on page 83, by striking line 1 and all that follows 
     through line 13;
       (f) on page 93, by striking line 7 and all that follows 
     through line 22 on page 95;
       (g) on page 99, by striking line 12 and all that follows 
     through line 10 on page 101;
       (h) on page 121, by striking line 22 and all that follows 
     through line 2 on page 122;
       (i) on page 167, by striking line 12 and all that follows 
     through line 14 on page 169; and
       (j) renumber all sections, subsections, paragraphs, and 
     subparagraphs accordingly.
                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 30: Page 133, strike line 15, and all that 
     follows through line 9 on page 170 and insert the following:
     SEC. 322. MUNICIPAL STORMWATER MANAGEMENT PROGRAMS.

       (a) State Programs.--Title III (33 U.S.C. 1311 et seq.) is 
     further amended by adding at the end the following new 
     section:
     ``SEC. 322. MUNICIPAL STORMWATER MANAGEMENT PROGRAMS.

       ``(a) Purpose.--The purpose of this section is to assist 
     States in the development and implementation of municipal 
     stormwater control programs in an expeditious and cost 
     effective manner so as to enable the goals and requirements 
     of this Act to be met in each State no later than 15 years 
     after the date of approval of the municipal stormwater 
     management program of the State. It is recognized that State 
     municipal stormwater management programs need to be built on 
     a foundation that voluntary pollution prevention initiatives 
     represent an approach most likely to succeed in achieving the 
     objectives of this Act.
       ``(b) State Assessment Reports.--
       ``(1) Contents.--After notice and opportunity for public 
     comment, the Governor of each State, consistent with or as 
     part of the assessment required by section 319, shall prepare 
     and submit to the Administrator for approval, a report 
     which--
       ``(A) identifies those navigable waters within the State 
     which, without additional action to control pollution from 
     municipal stormwater discharges, cannot reasonably be 
     expected to attain or maintain applicable water quality 
     standards or the goals and requirements of this Act;
       ``(B) identifies those categories and subcategories of 
     municipal stormwater discharges that add significant 
     pollution to each portion of the navigable waters identified 
     under subparagraph (A) in amounts which contribute to such 
     portion not meeting such water quality standards or such 
     goals and requirements;
       ``(C) describes the process, including intergovernmental 
     coordination and public participation, for identifying 
     measures to control pollution from each category and 
     subcategory of municipal stormwater discharges identified in 
     subparagraph (B) and to reduce, to the maximum extent 
     practicable, the level of pollution resulting from such 
     discharges; and
       ``(D) identifies and describes State and local programs for 
     controlling pollution added from municipal stormwater 
     discharges to, and improving the quality of, each such 
     portion of the navigable waters.
       ``(2) Information used in preparation.--In developing, 
     reviewing, and revising the report required by this 
     subsection, the State--
       ``(A) may rely upon information developed pursuant to 
     sections 208, 303(e), 304(f), 305(b), 314, 319, 320, and 321 
     and subsection (h) of this section, information developed 
     from any group stormwater permit application process in 
     effect under section 402(p) of this Act and such other 
     information as the State determines is appropriate; and
       ``(B) may utilize appropriate elements of the waste 
     treatment management plans developed pursuant to sections 
     208(b) and 303, to the extent such elements are consistent 
     with and fulfill the requirements of this section.
       ``(3) Review and revision.--Not later than 18 months after 
     the date of the enactment of the Clean Water Amendments of 
     1995, and every 5 years thereafter, the State shall review, 
     revise, and submit to the Administrator the report required 
     by this subsection.
       ``(c) State Management Programs.--
       ``(1) In general.--In substantial consultation with local 
     governments and after notice and opportunity for public 
     comment, the Governor of each State for the State or in 
     combination with the Governors of adjacent States shall 
     prepare and submit to the Administrator for approval a 
     municipal stormwater management program based on available 
     information which the State proposes to implement in the 
     first 5 fiscal years beginning after the date of submission 
     of such management program for controlling pollution added 
     from municipal stormwater discharges to the navigable waters 
     within the boundaries of the State and improving the quality 
     of such waters.
       ``(2) Specific contents.--Each management program proposed 
     for implementation under this subsection shall include the 
     following:
       ``(A) Identification of model management practices and 
     measures.--Identification of the model management practices 
     and measures which will be undertaken to reduce pollutant 
     loadings resulting from municipal stormwater discharges 
     designated under subsection (b)(1)(B), taking into account 
     the impact of the practice and measure on ground water 
     quality.
       ``(B) Identification of programs and resources.--
     Identification of programs and resources necessary 
     (including, as appropriate, nonregulatory programs or 
     regulatory programs, enforceable policies and mechanisms, 
     technical assistance, financial assistance, education, 
     training, technology transfer, and demonstration projects) to 
     manage municipal stormwater discharges to the degree 
     necessary to provide for reasonable further progress toward 
     the goal of attainment of water quality standards which 
     contain the stormwater criteria established under subsection 
     (h) for designated uses of receiving waters identified under 
     subsection (b)(1)(A) taking into consideration specific 
     watershed conditions, by not later than the last day of the 
     15-year period beginning on the date of approval of the State 
     program.
       ``(C) Program for reducing pollutant loadings.--A program 
     for municipal stormwater discharges identified under 
     subsection (b)(1)(B) to reduce pollutant loadings from 
     categories and subcategories of municipal stormwater 
     discharges.
         ``(D) Schedule.--A schedule containing interim goals and 
     milestones for making reasonable progress toward the 
     attainment of standards as set forth in subparagraph (B) 
     established for the designated uses of receiving waters, 
     taking into account specific watershed conditions, which may 
     be demonstrated by one or any combination of improvements in 
     water quality (including biological indicators), documented 
     implementation of voluntary stormwater discharge control 
     measures, or adoption of enforceable stormwater discharge 
     control measures.
       ``(E) Certification of adequate authority.--
       ``(i) In general.--A certification by the Attorney General 
     of the State or States (or the chief attorney of any State 
     water pollution control agency that has authority under State 
     law to make such certification) that the laws of the State or 
     States, as the case may be, provide adequate authority to 
     implement such management program or, if there is not such 
     adequate authority, a list of such additional authorities as 
     will be necessary to implement such management program.
       ``(ii) Commitment.--A schedule for seeking, and a 
     commitment by the State or States to seek, such additional 
     authorities as expeditiously as practicable.
       ``(F) Identification of federal financial assistance 
     programs.--An identification of Federal financial assistance 
     programs and Federal development projects for which the State 
     will review individual assistance applications or development 
     projects for their effect on water quality pursuant to the 
     procedures set forth in Executive Order 12372 as in effect on 
     September 17, 1983, to determine 
     [[Page H4647]] whether such assistance applications or 
     development projects would be consistent with the program 
     prepared under this subsection; for the purposes of this 
     subparagraph, identification shall not be limited to the 
     assistance programs or development projects subject to 
     Executive Order 12372 but may include any programs listed in 
     the most recent Catalog of Federal Domestic Assistance which 
     may have an effect on the purposes and objectives of the 
     State's municipal stormwater management program.
       ``(G) Monitoring.--A description of the monitoring of 
     navigable waters or other assessment which will be carried 
     out under the program for the purposes of monitoring and 
     assessing the effectiveness of the program, including the 
     attainment of interim goals and milestones.
       ``(H) Identification of certain inconsistent federal 
     activities.--An identification of activities on Federal lands 
     in the State that are inconsistent with the State management 
     program.
       ``(I) Identification of goals and milestones.--An 
     identification of goals and milestones for progress in 
     attaining water quality standards, including a projected date 
     for attaining such standards as expeditiously as practicable 
     but not later than 15 years after the date of approval of the 
     State program for each of the waters listed pursuant to 
     subsection (b).
       ``(3) Utilization of local and private experts.--In 
     developing and implementing a management program under this 
     subsection, a State shall, to the maximum extent practicable, 
     involve local public and private agencies and organizations 
     which have expertise in stormwater management.
       ``(4) Development on watershed basis.--A State shall, to 
     the maximum extent practicable, develop and implement a 
     stormwater management program under this subsection on a 
     watershed-by-watershed basis within such State.
       ``(d) Administrative Provisions.--
       ``(1) Cooperation requirement.--Any report required by 
     subsection (b) and any management program and report required 
     by subsection (c) shall be developed in cooperation with 
     local, substate, regional, and interstate entities which are 
     responsible for implementing municipal stormwater management 
     programs.
       ``(2) Time period for submission of management programs.--
     Each management program shall be submitted to the 
     Administrator within 30 months of the issuance by the 
     Administrator of the final guidance under subsection (l) and 
     every 5 years thereafter. Each program submission after the 
     initial submission following the date of the enactment of the 
     Clean Water Amendments of 1995 shall include a demonstration 
     of reasonable further progress toward the goal of attaining 
     water quality standards as set forth in subsection (c)(2) 
     established for designated uses of receiving waters taking 
     into account specific watershed conditions by not later than 
     the date referred to in subsection (b)(2)(B), including a 
     documentation of the degree to which the State has achieved 
     the interim goals and milestones contained in the previous 
     program submission. Such demonstration shall take into 
     account the adequacy of Federal funding under this section.
       ``(3) Transition.--
       ``(A) In general.--Permits issued pursuant to section 
     402(p) for discharges from municipal storm sewers, as in 
     effect on the day before the date of the enactment of this 
     section, shall remain in effect until the effective date of a 
     State municipal stormwater management program under this 
     section. Stormwater dischargers shall continue to implement 
     any stormwater management practices and measures required
      under such permits until such practices and measures are 
     modified pursuant to this subparagraph or pursuant to a 
     State municipal stormwater management program. Prior to 
     the effective date of a State municipal stormwater 
     management program, municipal stormwater dischargers may 
     submit for approval proposed revised stormwater management 
     practices and measures to the State, in the case of a 
     State with an approved program under section 402, or the 
     Administrator. Upon notice of approval by the State or the 
     Administrator, the municipal stormwater discharger shall 
     implement the revised stormwater management practices and 
     measures which may be voluntary pollution prevention 
     activities. A municipal stormwater discharger operating 
     under a permit continued in effect under this subparagraph 
     shall not be subject to citizens suits under section 505.
       ``(B) Antibacksliding.--Section 402(o) shall not apply to 
     any activity carried out in accordance with this paragraph.
       ``(e) Approval or Disapproval of Reports or Management 
     Programs.--
       ``(1) Deadline.--Subject to paragraph (2), not later than 
     180 days after the date of submission to the Administrator of 
     any report or revised report or management program under this 
     section, the Administrator shall either approve or disapprove 
     such report or management program, as the case may be. The 
     Administrator may approve a portion of a management program 
     under this subsection. If the Administrator does not 
     disapprove a report, management program, or portion of a 
     management program in such 180-day period, such report, 
     management program, or portion shall be deemed approved for 
     purposes of this section.
       ``(2) Procedure for disapproval.--If, after notice and 
     opportunity for public comment and consultation with 
     appropriate Federal and State agencies and other interested 
     persons, the Administrator determines that--
       ``(A) the proposed management program or any portion 
     thereof does not meet the requirements of subsection (b) of 
     this section or is not likely to satisfy, in whole or in 
     part, the goals and requirements of this Act;
       ``(B) adequate authority does not exist, or adequate 
     resources are not available, to implement such program or 
     portion; or
       ``(C) the practices and measures proposed in such program 
     or portion will not result in reasonable progress toward the 
     goal of attainment of applicable water quality standards as 
     set forth in subsection (c)(2) established for designated 
     uses of receiving waters taking into consideration specific 
     watershed conditions as expeditiously as possible but not 
     later than 15 years after approval of a State municipal 
     stormwater management program under this section;

     the Administrator shall within 6 months of the receipt of the 
     proposed program notify the State of any revisions or 
     modifications necessary to obtain approval. The State shall 
     have an additional 6 months to submit its revised management 
     program, and the Administrator shall approve or disapprove 
     such revised program within 3 months of receipt.
       ``(3) Failure of state to submit report.--If a Governor of 
     a State does not submit a report or revised report required 
     by subsection (b) within the period specified by subsection 
     (d)(2), the Administrator shall, within 18 months after the 
     date on which such report is required to be submitted under 
     subsection (b), prepare a report for such State which makes 
     the identifications required by paragraphs (1)(A) and (1)(B) 
     of subsection (b). Upon completion of the requirement of the 
     preceding sentence and after notice and opportunity for a 
     comment, the Administrator shall report to Congress of the 
     actions of the Administrator under this section.
       ``(4) Failure of state to submit management program.--
       ``(A) Program management by administrator.--Subject to 
     paragraph (5), if a State fails to submit a management 
     program or revised management program under subsection (c) or 
     the Administrator does not approve such management program, 
     the Administrator shall prepare and implement a management 
     program for controlling pollution added from municipal 
     stormwater discharges to the navigable waters within the 
     State and improving the quality of such waters in accordance 
     with subsection (c).
       ``(B) Notice and hearing.--If the Administrator intends to 
     disapprove a program submitted by a State the Administrator 
     shall first notify the Governor of the State, in writing, of 
     the modifications necessary to meet the requirements of this 
     section. The Administrator shall provide adequate public 
     notice and an opportunity for a public hearing for all 
     interested parties.
       ``(C) State revision of its program.--If, after taking into 
     account the level of funding actually provided as compared 
     with the level authorized, the Administrator determines that 
     a State has failed to demonstrate reasonable further progress 
     toward the attainment of water quality standards as required, 
     the State shall revise its program within 12 months of that 
     determination in a manner sufficient to achieve attainment of 
     applicable water quality standards by the deadline 
     established by this section. If a State fails to make such a 
     program revision or the Administrator does not approve such a 
     revision, the Administrator shall prepare and implement a 
     municipal stormwater management program for the State.
       ``(5) Local management programs; technical assistance.--If 
     a State fails to submit a management program under subsection 
     (c) or the
      Administrator does not approve such a management program, a 
     local public agency or organization which has expertise 
     in, and authority to, control water pollution resulting 
     from municipal stormwater sources in any area of such 
     State which the Administrator determines is of sufficient 
     geographic size may, with approval of such State, request 
     the Administrator to provide, and the Administrator shall 
     provide, technical assistance to such agency or 
     organization in developing for such area a management 
     program which is described in subsection (c) and can be 
     approved pursuant to this subsection. After development of 
     such management program, such agency or organization shall 
     submit such management program to the Administrator for 
     approval.
         ``(f) Interstate Management Conference.--
       ``(1) Convening of conference; notification; purpose.--
       ``(A) Convening of conference.--If any portion of the 
     navigable waters in any State which is implementing a 
     management program approved under this section is not meeting 
     applicable water quality standards or the goals and 
     requirements of this Act as a result, in whole or in part, of 
     pollution from stormwater in another State, such State may 
     petition the Administrator to convene, and the Administrator 
     shall convene, a management conference of all States which 
     contribute significant pollution resulting from stormwater to 
     such portion.
       ``(B) Notification.--If, on the basis of information 
     available, the Administrator determines that a State is not 
     meeting applicable water quality standards or the goals and 
     requirements of this Act as a result, in whole or in part, of 
     significant pollution from stormwater in another State, the 
     Administrator shall notify such States.
     [[Page H4648]]   ``(C) Time limit.--The Administrator may 
     convene a management conference under this paragraph not 
     later than 180 days after giving such notification under 
     subparagraph (B), whether or not the State which is not 
     meeting such standards requests such conference.
       ``(D) Purpose.--The purpose of the conference shall be to 
     develop an agreement among the States to reduce the level of 
     pollution resulting from stormwater in the portion of the 
     navigable waters and to improve the water quality of such 
     portion.
       ``(E) Protection of water rights.--Nothing in the agreement 
     shall supersede or abrogate rights to quantities of water 
     which have been established by interstate water compacts, 
     Supreme Court decrees, or State water laws.
       ``(F) Limitations.--This subsection shall not apply to any 
     pollution which is subject to the Colorado River Basin 
     Salinity Control Act. The requirement that the Administrator 
     convene a management conference shall not be subject to the 
     provisions of section 505 of this Act.
       ``(2) State management program requirement.--To the extent 
     that the States reach agreement through such conference, the 
     management programs of the States which are parties to such 
     agreements and which contribute significant pollution to the 
     navigable waters or portions thereof not meeting applicable 
     water quality standards or goals and requirements of this Act 
     will be revised to reflect such agreement. Such management 
     programs shall be consistent with Federal and State law.
       ``(g) Grants for Stormwater Research.--
       ``(1) In general.--To determine the most cost-effective and 
     technologically feasible means of improving the quality of 
     the navigable waters and to develop the criteria required 
     pursuant to subsection (g), the Administrator shall establish 
     an initiative through which the Administrator shall fund 
     State and local demonstration programs and research to--
       ``(A) identify adverse impacts of stormwater discharges on 
     receiving waters;
       ``(B) identify the pollutants in stormwater which cause 
     impact; and
       ``(C) test innovative approaches to address the impacts of 
     source controls and model management practices and measures 
     for runoff from municipal storm sewers.

     Persons conducting demonstration programs and research funded 
     under this subsection shall also take into account the 
     physical nature of episodic stormwater flows, the varying 
     pollutants in stormwater, the actual risk the flows pose to 
     the designated beneficial uses, and the ability of natural 
     ecosystems to accept temporary stormwater events.
       ``(2) Award of funds.--The Administrator shall award the 
     demonstration and research program funds taking into account 
     regional and population variations.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     $20,000,000 per fiscal year for fiscal years 1996 through 
     2000. Such sums shall remain available until expended.
       ``(h) Development of Stormwater Criteria.--
       ``(1) In general.--To reflect the episodic character of 
     stormwater which results in significant variances in the 
     volume, hydraulics, hydrology, and pollutant load associated 
     with stormwater discharges, the Administrator shall 
     establish, as an element of the water quality standards 
     established for the designated uses of the navigable waters, 
     stormwater criteria which protect the navigable waters from 
     impairment of the designated beneficial uses caused by 
     stormwater discharges. The criteria shall be technologically 
     and financially feasible and may include performance 
     standards, guidelines, guidance, and model management 
     practices and measures and treatment requirements, as 
     appropriate, and as identified in subsection (g)(1).
       ``(2) Information to be used in development.--The 
     stormwater discharge criteria to be established under this 
     subsection--
       ``(A) shall be developed from--
       ``(i) the findings and conclusions of the demonstration 
     programs and research conducted under subsection (g);
       ``(ii) the findings and conclusions of the research and 
     monitoring activities of stormwater dischargers performed in 
     compliance with permit requirements of this Act; and
       ``(iii) other relevant information, including information 
     submitted to the Administrator under the industrial group 
     permit application process in effect under section 402 of 
     this Act;
       ``(B) shall be developed in consultation with persons with 
     expertise in the management of stormwater (including 
     officials of State and local government, industrial and 
     commercial stormwater dischargers, and public interest 
     groups); and
       ``(C) shall be established as an element of the water 
     quality standards that are developed and implemented under 
     this Act by not later than December 31, 2008.
       ``(i) Collection of Information.--The Administrator shall 
     collect and make available, through publications and other 
     appropriate means, information pertaining to model management 
     practices and measures and implementation methods, including, 
     but not limited to--
       ``(1) information concerning the costs and relative 
     efficiencies of model management practices and measures for 
     reducing pollution from stormwater discharges; and
       ``(2) available data concerning the relationship between 
     water quality and implementation of various management 
     practices to control pollution from stormwater discharges.
       ``(j) Reports of Administrator.--
       ``(1) Biennial reports.--Not later than January 1, 1996, 
     and biennially thereafter, the Administrator shall transmit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate, a report for the preceding fiscal 
     year on the activities and programs implemented under this 
     section and the progress made in reducing pollution in the 
     navigable waters resulting from stormwater discharges and 
     improving the quality of such waters.
       ``(2) Contents.--Each report submitted under paragraph (1), 
     at a minimum shall--
       ``(A) describe the management programs being implemented by 
     the States by types of affected navigable waters, categories 
     and subcategories of stormwater discharges, and types of 
     measures being implemented;
       ``(B) describe the experiences of the States in adhering to 
     schedules and implementing the measures under subsection (c);
       ``(C) describe the amount and purpose of grants awarded 
     pursuant to subsection (g);
       ``(D) identify, to the extent that information is 
     available, the progress made in reducing pollutant loads and 
     improving water quality in the navigable waters;
       ``(E) indicate what further actions need to be taken to 
     attain and maintain in those navigable waters (i) applicable 
     water quality standards, and (ii) the goals and requirements 
     of this Act;
       ``(F) include recommendations of the Administrator 
     concerning future programs (including enforcement programs) 
     for controlling pollution from stormwater; and
       ``(G) identify the activities and programs of departments, 
     agencies, and instrumentalities of the United States that are 
     inconsistent with the municipal stormwater management 
     programs implemented by the States under this section and 
     recommended modifications so that such activities and 
     programs are consistent with and assist the States in 
     implementation of such management programs.
       ``(k) Guidance on Model Stormwater Management Practices and 
     Measures.--
       ``(1) In general.--The Administrator, in consultation with 
     appropriate Federal, State, and local departments and 
     agencies, and after providing notice and opportunity for 
     public comment, shall publish guidance to identify model 
     management practices and measures which may be undertaken, at 
     the discretion of the State or appropriate entity, under a 
     management program established pursuant to this section. In 
     preparing such guidance, the Administrator shall consider 
     integration of a municipal stormwater management program of a 
     State with, and the relationship of such program to, the 
     nonpoint source management program of the State under section 
     319.
       ``(2) Publication.--The Administrator shall publish 
     proposed guidance under this subsection not later than 6 
     months after the date of the enactment of this subsection and 
     shall publish final guidance under this subsection not later 
     than 18 months after such date of enactment. The 
     Administrator shall periodically review and revise the final 
     guidance upon adequate notice and opportunity for public 
     comment at least once every 3 years after its publication.
       ``(3) Model management practices and measures defined.--For 
     the purposes of this subsection, the term ``model management 
     practices and measures'' means economically achievable 
     measures for the control of pollutants from stormwater 
     discharges which reflect the most cost-effective degree of 
     pollutant reduction achievable through the application of the 
     best available practices, technologies, processes, siting 
     criteria, operating methods, or other alternatives.
       ``(l) Enforcement With Respect to Municipal Stormwater 
     Dischargers Violating State Management Programs.--Municipal 
     stormwater dischargers that do not comply with State 
     management program requirements under subsection (c) are 
     subject to applicable enforcement actions under sections 309 
     and 505 of this Act.
       ``(m) Entry and Inspection.--In order to carry out the 
     objectives of this section, an authorized representative of a 
     State, upon presentation of his or her credentials, shall 
     have a right of entry to, upon, or through any property at 
     which a stormwater discharge or records required to be 
     maintained under the State municipal stormwater management 
     program are located.
       ``(n) Limitation on Discharges Regulated Under Watershed 
     Management Program.--Municipal stormwater discharges 
     regulated under section 321 in a manner consistent with this 
     section shall not be subject to this section.''.
       (b) Conforming Amendments to Industrial Stormwater 
     Discharge Program.--Section 402(p) (33 U.S.C 1342(p)) is 
     amended--
       (1) in the subsection heading by striking ``Municipal 
     and'';
       (2) in paragraph (1) by striking ``1994'' and inserting 
     ``2001'';
       (3) by adding at the end of the paragraph (1) the 
     following: ``This subsection does not apply to municipal 
     stormwater discharges which are covered by section 322.'';
       (4) in paragraph (2) by striking subparagraphs (C) and (D) 
     and by redesignating subparagraph (E) as subparagraph (C);
       (5) in paragraph (3)--
       [[Page H4649]] (A) by striking the heading for subparagraph 
     (A);
       (B) by moving the text of subparagraph (A) after the 
     paragraph heading; and
       (C) by striking subparagraph (B);
       (6) in paragraph (4)--
       (A) by striking the heading for subparagraph (A);
       (B) by moving the text of subparagraph (A) after the 
     paragraph heading;
       (C) by striking ``and (2)(C)''; and
       (D) by striking subparagraph (B);
       (7) by striking paragraph (5);
       (8) by redesignating paragraph (6) as paragraph (5); and
       (9) in paragraph (5) as so redesignated--
       (A) by striking ``1993'' and inserting ``2000''; and
       (B) by inserting after ``paragraph (2)'' the following: 
     ``and other than municipal stormwater discharges''.
       (c) Definitions.--Section 502 (33 U.S.C. 1362) is amended 
     by adding at the end the following:
       ``(25) The term `stormwater' means runoff from rain, snow 
     melt, or any other precipitation-generated surface runoff.
       ``(26) The term `stormwater discharge' means a discharge 
     from any conveyance which is used for the collecting and 
     conveying of stormwater to navigable waters and which is 
     associated with a municipal storm sewer system or industrial, 
     commercial, oil, gas, or mining activities or construction 
     activities.''.
                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 31: Page 65, strike line 2 and all that 
     follows through line 9 on page 68.
       Page 68, line 10, strike ``(c)'' and insert ``(a)''.
       Page 69, line 7, strike ``(d)'' and insert ``(b)''.

                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 32: Page 284, strike lines 10 through 18.
       Page 284, line 19, strike ``(3)'' and insert ``(2)''.

                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 33: Page 32, strike line 19 and all that 
     follows through line 6 on page 33.
       Page 33, line 7, strike ``(c)'' and insert ``(b)''.
       Page 33, strike line 16 and all that follows though line 10 
     on page 34.
       Pages 34 through 47, strike section 302 of the bill.
       Redesignate subsequent sections of title III of the bill 
     accordingly. Conform the table of contents of the bill 
     accordingly.
       Page 47, strike line 20 and all that follows through line 8 
     on page 48 and insert the following:

     SEC. 303. REVISION OF STATE WATER QUALITY STANDARDS.

       Section 303(c)(1) is amended by striking
       Conform the table of contents of the bill accordingly.
       Page 48, strike line 16 and all that follows through line 
     10 on page 52.
       Page 64, strike lines 4 through 14.
       Pages 73 through 80, strike sections 311 and 312 of the 
     bill.
       Redesignate subsequent sections of title III of the bill 
     accordingly. Conform the table of contents of the bill 
     accordingly.
       Pages 93 through 95, strike section 318 of the bill.
       Redesignate subsequent sections of title III of the bill 
     accordingly. Conform the table of contents of the bill 
     accordingly.
       Page 130, line 2, after the period insert closing quotation 
     marks and a period.
       Page 130, strike lines 3 through 25.
       Page 131, strike lines 5 through 22 and insert the 
     following:
       ``(r) Synchronized Permit Terms.--Notwith- * * *

                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 34: Page 181, strike line 17 and all that 
     follows through line 9 on page 182.
       Page 184, strike line 10 and all that follows through line 
     21 on page 185.
       Page 204, strike line 11 and all that follows through line 
     13 on page 207.
       Redesignate the remaining sections of title IV of the bill 
     accordingly. Conform the table of contents of the bill 
     accordingly.

                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 35: Page 208, strike lines 20 through 24.
       Page 209, strike lines 1 through 17.
       Redesignate subsequent sections of title V of the bill 
     accordingly. Conform the table of contents of the bill 
     accordingly.
                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 36:
       Page 170, line 19, strike ``issuing''.
       Page 170, line 20, before ``any'' insert ``issuing''.
       Page 170, line 24, strike ``or''.
       Page 171, line 1, before ``any'' insert ``issuing''.
       Page 171, line 3, strike the period and insert a semicolon.
       Page 171, after line 3, insert the following:
       ``(3) granting under section 301(g) a modification of the 
     requirements of section 301(b)(2)(A);
       ``(4) issuing a permit under section 402 which under 
     section 301(p)(5) modifies the requirements of section 301, 
     302, 306, or 307;
       ``(5) extending under section 301(k) a deadline for a point 
     source to comply with any limitation under section 
     301(b)(1)(A), 301(b)(2)(A), or 301(b)(2)(E) or otherwise 
     modifying under section 301(k) the conditions of a permit 
     under section 402;
       ``(6) issuing a permit under section 402 which modifies 
     under section 301(q) the requirements of section 301(b), 306, 
     or 307;
       ``(7) issuing a permit under section 402 which modifies 
     under section 301(r) the requirements of section 301(b), 306, 
     or 307;
       ``(8) renewing, reissuing, or modifying a permit to which 
     section 401(o)(1) applies if the permittee has received a 
     permit modification under section 301(q) or 301(r) or the 
     exception under section 402(o)(2)(F) applies;
       ``(9) extending under section 307(e) the deadline for 
     compliance with applicable national categorical pretreatment 
     standards or otherwise modifying under section 307(e) 
     pretreatment requirements of section 307(b);
       ``(10) waiving or modifying under section 307(f) 
     pretreatment requirements of section 307(b);
       ``(11) allowing under section 307(g) any person that 
     introduces silver into a publicly owned treatment works to 
     comply with a code of management practices in lieu of 
     complying with any pretreatment requirement for silver;
       ``(12) establishing under section 316(b)(3) a standard 
     other than best technology available for existing point 
     sources;
       ``(13) approving a pollutant transfer pilot project under 
     section 321(g)(1); or
       ``(14) issuing a permit pursuant to section 402(r)(1) with 
     a limitation that does not meet applicable water quality 
     standards.

                                H.R. 961

                         Offered By: Mr. Mineta

       Amendment No. 37:
       Page 172, line 14, insert ``similar'' before ``risks''.
       Page 172, line 15, before the period insert the following: 
     ``regulated by the Environmental Protection Agency resulting 
     from comparable activities and exposure pathways''.
       Page 172, after line 15, insert the following:

     Comparisons under paragraph (7) should consider relevant 
     distinctions among risks such as the voluntary or involuntary 
     nature of risks and the preventability and nonpreventability 
     of risks.
       Page 173, line 18, after the period insert closing 
     quotation marks and a period.
       Page 173, strike line 19 and all that follows through page 
     175, line 17.
       Page 176, lines 10 and 11, strike ``the requirement or 
     guidance maximizes net benefits to society'' and insert ``the 
     incremental benefits to human health, public welfare, and the 
     environment of the requirement or guidance will likely 
     justify, and be reasonably related to, the incremental costs 
     incurred by State, local, and tribal governments, the Federal 
     Government, and other public and private entities''.
       Page 178, line 4, insert ``and benefits'' after ``costs''.
       Page 179, strike line 3 and all that follows through page 
     180, line 22.
       Page 180, line 23, strike ``(g)'' and insert ``(f)''.

                                H.R. 961

                        Offered By: Ms. Molinari

       Amendment No. 38:
       Page 247, line 3, before the semicolon at the end insert 
     the following:

     (other than prior converted cropland within a watershed 
     providing public, unfiltered drinking water supplies)
                                H.R. 961

                         Offered By: Mr. Nadler

       Amendment No. 39: Page 50, strike line 19 and all that 
     follows through line 10 on page 52.

                                H.R. 961

                        Offered By: Mr. Oberstar

       Amendment No. 40: Page 100, strike line 5 and all that 
     follows through the first period on line 10 on page 101.
       Page 102, line 1, strike ``Such demonstration'' and all 
     that follows through the first period on line 3.
       Page 114, strike line 17 and all that follows through line 
     4 on page 115.
       Page 115, line 5, strike ``(n)'' and insert ``(m)''.
       Page 117, line 4, strike ``(o)'' and insert ``(n)''.
       Page 117, line 6, strike ``(q)'' and insert ``(p)''.
       Page 117, line 10, strike ``(p)'' and insert ``(o)''.
       Page 117, line 12, strike ``(r)'' and insert ``(q)''.
                                H.R. 961

                        Offered By: Mr. Pallone

       Amendment No. 41: Page 81, after line 1, insert the 
     following:
       (a) Finding With Respect to Harm Caused by Violations.--
     Section 101 (33 U.S.C. 1251) is further amended by adding at 
     the end the following:
       ``(i) Finding With Respect to Harm Caused by Violations.--
     Congress finds that a discharge which results in a violation 
     of this Act or a regulation, standard, limitation, 
     requirement, or order issued pursuant to this Act interferes 
     with the restoration and maintenance of the chemical, 
     physical, 
     [[Page H4650]] and biological integrity of any waters into 
     which the discharge flows (either directly or through a 
     publicly owned treatment works), including any waters into 
     which the receiving waters flow, and, therefore, harms those 
     who use or enjoy such waters and those who use or enjoy 
     nearby lands or aquatic resources associated with those 
     waters.
       ``(j) Finding With Respect to Citizen Suits.--Congress 
     finds that citizen suits are a valuable means of enforcement 
     of this Act and urges the Administrator to take actions to 
     encourage such suits, including providing information 
     concerning violators to citizen groups to assist them in 
     bringing suits, providing expert witnesses and other evidence 
     with respect to such suits, and filing amicus curiae briefs 
     on important issues related to such suits.''.
       (b) Violations of Requirements of Local Control 
     Authorities.--Section 307(d) (33 U.S.C. 1317(d)) is amended 
     by striking the first sentence and inserting the following: 
     ``After the date on which (1) any effluent standard or 
     prohibition or pretreatment standard or requirement takes 
     effect under this section or any requirement imposed in a 
     pretreatment program under section 402(a)(3) or 402(b)(8) of 
     this Act takes effect, it shall be unlawful for any owner or 
     operator of any source to operate such source in violation of 
     the effluent standard, prohibition, pretreatment standard, or 
     requirement.''.
       (c) Inspections, Monitoring, and Providing Information.--
       (1) Applicability of requirements.--Section 308(a) (33 
     U.S.C. 1318(a)) is amended by striking ``the owner or 
     operator of any point source'' and inserting ``a person 
     subject to a requirement of this Act''.
       (2) Public access to information.--The first sentence of 
     section 308(b) is amended--
       (A) by inserting ``(including information contained in the 
     Permit Compliance System of the Environmental Protection 
     Agency)'' after ``obtained under this section'';
       (B) by inserting ``made'' after ``shall be''; and
       (C) by inserting ``by computer telecommunication and other 
     means'' after ``public'' the first place it appears.
       (3) Public information.--Section 308 is further amended by 
     adding at the end the following:
       ``(e) Public Information.--
       ``(1) Posting of notice of polluted waters.--At each major 
     point of public access (including, at a minimum, beaches, 
     parks, recreation areas, marinas, and boat launching areas) 
     to a body of navigable water that does not meet an applicable 
     water quality standard or that is subject to a fishing and 
     shell fishing ban, advisory, or consumption restriction 
     (issued by a Federal, State, or local authority) due to fish 
     or shellfish contamination, the State within which boundaries 
     all or any part of such body of water lies shall, either 
     directly or through local authorities, post and maintain a 
     clearly visible sign which--
       ``(A) indicates the water quality standard that is being 
     violated or the nature and extent of the restriction on fish 
     or shellfish consumption, as the case may be;
       ``(B) includes (i) information on the environmental and 
     health effects associated with the failure to meet such 
     standard or with the consumption of fish or shellfish subject 
     to the restriction, and (ii) a phone number for obtaining 
     additional information relating to the violation and 
     restriction; and
       ``(C) will be maintained until the body of water is in 
     compliance with the water quality standard or until all fish 
     and shellfish consumption restrictions are terminated with 
     respect to the body of water, as the case may be.
       ``(2) Notice of discharges to navigable waters.--Except for 
     permits issued to municipalities for discharges composed 
     entirely of stormwater under section 402 of this Act, each 
     permit issued under section 402 by the Administrator or by a 
     State shall ensure compliance with the following 
     requirements:
       ``(A) Every permittee shall conspicuously maintain at all 
     public entrances to the facility a clearly visible sign which 
     indicates that the facility discharges pollutants into 
     navigable waters and the location of such discharges; the 
     name, business address, and phone number of the permittee; 
     the permit number; and a location at which a copy of the 
     permit and public information required by this paragraph is 
     maintained and made available for inspection or a phone 
     number for obtaining such information.
       ``(B) Each permittee which is a publicly owned treatment 
     works shall include in each quarterly mailing of a bill to 
     each customer of the treatment works information which 
     indicates that the treatment works discharges pollutants into 
     the navigable waters and the location of each of such 
     discharges; the name, business address and phone number of 
     the permittee; the permit number; a location at which a copy 
     of the permit and public information required by this 
     paragraph is maintained and made available for inspection or 
     a phone number for obtaining such information; and a list of 
     all violations of the requirements of the permit by the 
     treatment works over the preceding 12-month period.
       ``(3) Regulations.--
       ``(A) Issuance.--The Administrator--
       ``(i) not later than 6 months after the date of the 
     enactment of this subsection, shall propose regulations to 
     carry out this subsection; and
       ``(ii) not later than 18 months after such date of 
     enactment, shall issue such regulations.
       ``(B) Content.--The regulations issued to carry out this 
     subsection shall establish--
       ``(i) uniform requirements and procedures for identifying 
     and posting bodies of water under paragraph (1);
       ``(ii) minimum information to be included in signs posted 
     and notices issued pursuant to this subsection;
       ``(iii) uniform requirements and procedures for fish and 
     shellfish sampling and analysis;
       ``(iv) uniform requirements for determining the nature and 
     extent of fish and shellfish bans, advisories, and 
     consumption restrictions which--

       ``(I) address cancer and noncancer human health risks;
       ``(II) take into account the effects of all fish and 
     shellfish contaminants, including the cumulative and 
     synergistic effects;
       ``(III) assure the protection of subpopulations who consume 
     higher than average amounts of fish and shellfish or are 
     particularly susceptible to the effects of such 
     contamination;
       ``(IV) address race, gender, ethnic composition, or social 
     and economic factors, based on the latest available studies 
     of national or regional consumption by and impacts on such 
     subpopulations unless more reliable site-specific data is 
     available;
       ``(V) are based on a margin of safety that takes into 
     account the uncertainties in human health impacts from such 
     contamination; and
       ``(VI) evaluate assessments of health risks of contaminated 
     fish and shellfish that are used in pollution control 
     programs developed by the Administrator under this Act.''.

       (4) State reports.--Section 305(b)(1) (33 U.S.C. 
     1315(b)(1)) is amended--
       (A) by striking ``and'' at the end of subparagraph (D);
       (B) by striking the period at the end of subparagraph (E) 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) a list identifying bodies of water for which signs 
     were posted under section 308(e)(1) in the preceding year.''.
       (d) Civil Penalties.--
       (1) Enforcement of local pretreatment requirements.--
       (A) Compliance orders.--
       (i) Initial action.--Section 309(a)(1) (33 U.S.C. 
     1319(a)(1)) is amended by inserting after ``of this Act,'' 
     the following: ``or is in violation of any requirement 
     imposed in a pretreatment program approved under section 
     402(a)(3) or 402(b)(8) of this Act,''.
       (ii) Issuance of orders.--Section 309(a)(3) is amended by 
     inserting before ``he shall'' the following: ``or is in 
     violation of any requirement imposed in a pretreatment 
     program approved under section 402(a)(3) or 402(b)(8) of this 
     Act,''.
       (B) Criminal penalties.--Section 309(c)(3)(A) is 
     amended by inserting before ``and who knows'' the following: 
     ``or knowingly violates any requirement imposed in a 
     pretreatment program approved under section 402(a)(3) or 
     402(b)(8) of this Act,''.
       (C) Administrative penalties.--Section 309(g)(1) is amended 
     by inserting after ``or by a State,'' the following: ``or has 
     violated any requirement imposed in a pretreatment program 
     approved under section 402(a)(3) or 402(b)(8) of this Act or 
     an order issued by the Administrator under subsection (a) of 
     this section,''.
       (2) Treatment of single operational upsets.--
       (A) Criminal penalties.--Section 309(c) is amended by 
     striking paragraph (5) and redesignating paragraphs (6) and 
     (7) as paragraphs (5) and (6), respectively.
       (B) Civil penalties.--Section 309(d) is amended by striking 
     the last sentence.
       (C) Administrative penalties.--Section 309(g)(3) is amended 
     by striking the last sentence.
       (3) Use of civil penalties for mitigation projects.--
       (A) In general.--Section 309(d) is amended by inserting 
     after the second sentence the following: ``The court may, in 
     the court's discretion, order that a civil penalty be used 
     for carrying out mitigation projects which are consistent 
     with the purposes of this Act and which enhance the public 
     health or environment.''.
       (B) Conforming amendment.--Section 505(a) (33 U.S.C. 
     1365(a)) is amended by inserting before the period at the end 
     of the last sentence the following: ``, including ordering 
     the use of a civil penalty for carrying out mitigation 
     projects''.
       (4) Determination of amount of penalties.--
       (A) Civil penalties.--Section 309(d) (33 U.S.C. 1319(d)) is 
     amended by inserting ``the amount of any penalty previously 
     imposed on the violator by a court or administrative agency 
     for the same violation or violations,'' after ``economic 
     impact of the penalty on the violator,''.
       (B) Administrative penalties.--Section 309(g)(3) is 
     amended--
       (i) by striking ``or savings''; or
       (ii) by inserting ``the amount of any penalty previously 
     imposed on the violator by a court or administrative agency 
     for the same violation or violations,'' after ``resulting 
     from the violation,''.
       (5) Limitation on defenses.--Section 309(g)(1) is amended 
     by adding at the end the following: ``In a proceeding to 
     assess or review a penalty under this subsection, the 
     adequacy of consultation between the Administrator or the 
     Secretary, as the case may be, and the State shall not be a 
     defense 
     [[Page H4651]] to assessment or enforcement of such 
     penalty.''.
       (6) Amounts of administrative civil penalties.--
       (A) General rule.--Section 309(g)(2) is amended to read as 
     follows:
       ``(2) Amount of penalties; notice; hearing.--
       ``(A) Maximum amount of penalties.--The amount of a civil 
     penalty under paragraph (1) may not exceed $25,000 per 
     violation per day for each day during which the violation 
     continues.
       ``(B) Written notice.--Before issuing an order assessing a 
     civil penalty under this subsection, the Administrator shall 
     give to the person to be assessed the penalty written notice 
     of the Administrator's proposal to issue the order and the 
     opportunity to request, within 30 days of the date the notice 
     is received by such person, a hearing on the proposed order.
       ``(C) Hearings not on the record.--If the proposed penalty 
     does not exceed $25,000, the hearing shall not be subject to 
     section 554 or 556 of title 5, United States Code, but shall 
     provide a reasonable opportunity to be heard and to present 
     evidence.
       ``(D) Hearings on the record.--If the proposed penalty 
     exceeds $25,000, the hearing shall be on the record in 
     accordance with section 554 of title 5, United States Code. 
     The Administrator may issue rules for discovery procedures 
     for hearings under this subparagraph.''.
       (B) Conforming amendments.--Section 309(g) is amended--
       (i) in paragraph (1) by striking ``class I civil penalty or 
     a class II'';
       (ii) in the second sentence of paragraph (4)(C) by striking 
     ``(2)(A) in the case of a class I civil penalty and paragraph 
     (2)(B) in the case of a class II civil penalty'' and 
     inserting ``(2)''; and
       (iii) in the first sentence of paragraph (8) by striking 
     ``assessment--'' and all that follows through ``by filing'' 
     and inserting ``assessment in the United States District 
     Court for the District of Columbia or in the district in 
     which the violation is alleged to have occurred by filing''.
       (7) State enforcement actions as bar to federal enforcement 
     actions.--Section 309(g)(6)(A) is amended--
       (A) by inserting ``or'' after the comma at the end of 
     clause (i);
       (B) by striking clause (ii); and
       (C) in clause (iii)--
       (i) by striking ``or the State''; and
       (ii) by striking ``or such comparable State law, as the 
     case may be,''.
       (8) Recovery of economic benefit.--Section 309 is amended 
     by adding at the end the following:
       ``(h) Recovery of Economic Benefit.--
       ``(1) General rule.--Notwithstanding any other provision of 
     this section, any civil penalty assessed and collected under 
     this section must be in an amount which is not less than the 
     amount of the economic benefit (if any) resulting from the 
     violation for which the penalty is assessed.
       ``(2) Regulations.--Not later than 2 years after the date 
     of the enactment of this subsection, the Administrator shall 
     issue regulations establishing a methodology for calculating 
     the economic benefits or savings resulting from violations of 
     this Act. Pending issuance of such regulations, this 
     subsection shall be in effect and economic benefits shall be 
     calculated for purposes of paragraph (1) on a case-by-case 
     basis.''.
       (9) Limitation on compromises.--Section 309 is further 
     amended by adding at the end the following:
       ``(i) Limitation on Compromises of Civil Penalties.--
     Notwithstanding any other provision of this section, the 
     amount of a civil penalty assessed under this section may not 
     be compromised below the amount determined by adding--
       ``(1) the minimum amount required for recovery of economic 
     benefit under subsection (h), to
       ``(2) 50 percent of the difference between the amount of 
     the civil penalty assessed and such minimum amount.''.
       (10) Minimum amount for serious violations.--Section 309 is 
     further amended by adding at the end the following:
       ``(j) Minimum Civil Penalties for Serious Violations and 
     Significant Noncompliers.--
       ``(1) Serious violations.--Notwithstanding any other 
     provision of this section (other than paragraph (2)), the 
     minimum civil penalty which shall be assessed and collected 
     under this section from a person--
       ``(A) for a discharge from a point source of a hazardous 
     pollutant which exceeds or otherwise violates any applicable 
     effluent limitation established by or under this Act by 20 
     percent or more, or
       ``(B) for a discharge from a point source of a pollutant 
     (other than a hazardous pollutant) which exceeds or otherwise 
     violates any applicable effluent limitation established by or 
     under this Act by 40 percent or more,

     shall be $1,000 for the first such violation in a 180-day 
     period.
       ``(2) Significant noncompliers.--Notwithstanding any other 
     provision of this section, the minimum civil penalty which 
     shall be assessed and collected under this section from a 
     person--
       ``(A) for the second or more discharge in a 180-day period 
     from a point source of a hazardous pollutant which exceeds or 
     otherwise violates any applicable effluent limitation 
     established by or under this Act by 20 percent or more,
       ``(B) for the second or more discharge in a 180-day period 
     from a point source of a pollutant (other than a hazardous 
     pollutant) which exceeds or otherwise violates any applicable 
     effluent limitation established by or under this Act by 40 
     percent or more,
       ``(C) for the fourth or more discharge in a 180-day period 
     from a point source of any pollutant which exceeds or 
     otherwise violates the same effluent limitation, or
       ``(D) for not filing in a 180-day period 2 or more reports 
     in accordance with section 402(r)(1),

     shall be $5,000 for each of such violations.
       ``(3) Mandatory inspections for significant noncompliers.--
     The Administrator shall identify any person described in 
     paragraph (2) as a significant noncomplier and shall conduct 
     an inspection described in section 402(q) of this Act of the 
     facility at which the violations were committed. Such 
     inspections shall be conducted at least once in the 180-day 
     period following the date of the most recent violation which 
     resulted in such person being identified as a significant 
     noncomplier.
       ``(4) Annual reporting.--The Administrator shall transmit 
     to Congress and to the Governors of the States, and shall 
     publish in the Federal Register, on an annual basis a list of 
     all persons identified as significant noncompliers under 
     paragraph (3) in the preceding calendar year and the 
     violations which resulted in such classifications.
       ``(5) Hazardous pollutant defined.--For purposes of this 
     subsection, the term `hazardous pollutant' has the meaning 
     the term `hazardous substance' has under subsection (c)(7) of 
     this section.''.
       (11) State program.--Section 402(b)(7) (33 U.S.C. 
     1342(b)(7)) is amended to read as follows:
       ``(7) To abate violations of the permit or the permit 
     program which shall include, beginning on the last day of the 
     2-year period beginning on the date of the enactment of the 
     Clean Water Compliance and Enforcement Improvement Amendments 
     Act of 1995, a penalty program comparable to the Federal 
     penalty program under section 309 of this Act and which shall 
     include at a minimum criminal, civil, and civil 
     administrative penalties, and may include other ways and 
     means of enforcement, which the State demonstrates to the 
     satisfaction of the Administrator are equally effective as 
     the Federal penalty program;''.
       (12) Federal procurement compliance incentive.--Section 
     508(a) (33 U.S.C. 1368(a)) is amended by inserting after the 
     second comma ``or who is identified under section 309(j)(3) 
     of this Act,''.
       (e) National Pollutant Discharge Elimination Permits.--
       (1) Withdrawal of state program approval.--Section 402(b) 
     (33 U.S.C. 1342(b)) is amended by striking ``unless he 
     determines that adequate authority does not exist:'' and 
     inserting the following: ``only when he determines that 
     adequate authority exists and shall withdraw program approval 
     whenever he determines that adequate authority no longer 
     exists:''.
       (2) Judicial review of rulings on applications for state 
     permits.--Section 402(b)(3) is amended by inserting ``and to 
     ensure that any interested person who participated in the 
     public comment process and any other person who could obtain 
     judicial review of that action under any other applicable law 
     has the right to judicial review of such ruling'' before the 
     semicolon at the end.
       (3) Inspections for major industrial and municipal 
     dischargers.--Section 402(b) is amended--
       (A) by striking ``and'' at the end of paragraph (8);
       (B) by striking the period at the end of paragraph (9) and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(10) To ensure that any permit for a discharge from a 
     major industrial or municipal facility, as defined by the 
     Administrator by regulation, includes conditions under which 
     such facility will be subject to at least annual inspections 
     by the State in accordance with subsection (q) of this 
     section;''.
       (4) Monthly reports for significant industrial users of 
     potws.--Section 402(b) is further amended by adding at the 
     end the following:
       ``(11) To ensure that any permit for a discharge from a 
     publicly owned treatment works in the State includes 
     conditions under which the treatment works will require any 
     significant industrial user of the treatment works, as 
     defined by the Administrator by regulation, to prepare and 
     submit to the Administrator, the State, and the treatment 
     works a monthly discharge monitoring report as a condition to 
     using the treatment works;''.
       (5) Permits required for introduction of pollutants into 
     potws.--Section 402(b) is further amended by adding at the 
     end the following:
       ``(12) To ensure that, after the last day of the 2-year 
     period beginning on the date of the enactment of this 
     paragraph, any significant industrial user, or other source 
     designated by the Administrator, introducing a pollutant into 
     a publicly owned treatment works has, and operates in 
     accordance with, a permit issued by the treatment works or 
     the State for introduction of such pollutant; and''.
       (6) Granting of authority to potws for inspections and 
     penalties.--Section 402(b) is further amended by adding at 
     the end the following:
       ``(13) To ensure that the State will grant to publicly 
     owned treatment works in the 
     [[Page H4652]] State, not later than 3 years after the date 
     of the enactment of this paragraph, authority, power, and 
     responsibility to conduct inspections under subsection (q) of 
     this section and to assess and collect civil penalties and 
     civil administrative penalties under paragraph (7) of this 
     subsection.''.
       (7) Inspection.--Section 402 is amended by adding at the 
     end the following:
       ``(r) Inspection.--
       ``(1) General rule.--Each permit for a discharge into the 
     navigable waters or introduction of pollutants into a 
     publicly owned treatment works issued under this section 
     shall include conditions under which the effluent being 
     discharged will be subject to random inspections in 
     accordance with this subsection by the Administrator or the 
     State, in the case of a State permit program under this 
     section.
       ``(2) Minimum standards.--The Administrator shall establish 
     minimum standards for inspections under this subsection. Such 
     standards shall require, at a minimum, the following:
       ``(A) An annual representative sampling by the 
     Administrator or the State, in the case of a State permit 
     program under this section, of the effluent being discharged; 
     except that if the discharge is not from a major industrial 
     or municipal facility such sampling shall be conducted at 
     least once every 3 years.
       ``(B) An analysis of all samples collected under 
     subparagraph (A) by a Federal or State owned and operated 
     laboratory or a State approved laboratory, other than one 
     that is being used by the permittee or that is directly or 
     indirectly owned, operated, or managed by the permittee.
       ``(C) An evaluation of the maintenance record of any 
     treatment equipment of the permittee.
       ``(D) An evaluation of the sampling techniques used by the 
     permittee.
       ``(E) A random check of discharge monitoring reports of the 
     permittee for each 12-month period for the purpose of 
     determining whether or not such reports are consistent with 
     the applicable analyses conducted under subparagraph (B).
       ``(F) An inspection of the sample storage facilities and 
     techniques of the permittee.''.
       (8) Reporting.--Section 402 is further amended by adding at 
     the end the following:
       ``(s) Reporting.--
       ``(1) General rule.--Each person holding a permit issued 
     under this section which is determined by the Administrator 
     to be a major industrial or municipal discharger of 
     pollutants into the navigable waters shall prepare and submit 
     to the Administrator a monthly discharge monitoring report. 
     Any other person holding a permit issued under this section 
     shall prepare and submit to the Administrator quarterly 
     discharge monitoring reports or more frequent discharge 
     monitoring reports if the Administrator requires. Such 
     reports shall contain, at a minimum, such information as the 
     Administrator shall require by regulation.
       ``(2) Reporting of hazardous discharges.--
       ``(A) General rule.--If a discharge from a point source for 
     which a permit is issued under this section exceeds an 
     effluent limitation contained in such permit which is based 
     on an acute water quality standard or any other discharge 
     which may cause an exceedance of an acute water quality 
     standard or otherwise is likely to cause injury to persons or 
     damage to the environment or to pose a threat to human health 
     and the environment, the person holding such permit shall 
     notify the Administrator, in writing, of such discharge not 
     later than 2 hours after the later of the time at which such 
     discharge commenced or the time at which the permittee knew 
     or had reason to know of such discharge.
       ``(B) Special rule for hazardous pollutants.--If a 
     discharge described in subparagraph (A) is of a hazardous 
     pollutant (as defined in section 309(j) of this Act), the 
     person holding such permit shall provide the Administrator 
     with such additional information on the discharge as may be 
     required by the Administrator. Such additional information 
     shall be provided to the Administrator within 24 hours after 
     the later of the time at which such discharge commenced or 
     the time at which the permittee became aware of such 
     discharge. Such additional information shall include, at a 
     minimum, an estimate of the danger posed by the discharge to 
     the environment, whether the discharge is continuing, and the 
     measures taken or being taken (i) to remediate the problem 
     caused by the discharge and any damage to the environment, 
     and (ii) to avoid a repetition of the discharge.
       ``(3) Signature.--All reports filed under paragraph (1) 
     must be signed by the highest ranking official having day-to-
     day managerial and operational responsibility for the 
     facility at which the discharge occurs or, in the absence of 
     such person, by another responsible high ranking official at 
     such facility. Such highest ranking official shall be 
     responsible for the accuracy of all information contained in 
     such reports; except that such highest ranking official may 
     file with the Administrator amendments to any such report if 
     the report was signed in the absence of the highest ranking 
     official by another high ranking official and if such 
     amendments are filed within 7 days of the return of the 
     highest ranking official.''.
       (9) Limitation on issuance of permits to significant 
     noncompliers.--Section 402 is further amended by adding at 
     the end the following:
       ``(t) Significant Noncompliers.--No permit may be issued 
     under this section to any person (other than a publicly owned 
     treatment works) identified under section 309(j)(3) of this 
     Act or to any other person owned or controlled by the 
     identified person, owning or controlling the identified 
     person, or under common control with the identified person, 
     until the Administrator or the State or States in which the 
     violation or violations occur determines that the condition 
     or conditions giving rise to such violation or violations 
     have been corrected. No permit application submitted after 
     the date of the enactment of this subsection may be approved 
     unless the application includes a list of all violations of 
     this Act by a person identified under section 309(j) of this 
     Act during the 3-year period preceding the date of submission 
     of the application and evidence indicating whether the 
     underlying cause of each such violation has been 
     corrected.''.
       (10) Applicability.--The amendments made by this subsection 
     shall apply to permits issued before, on, or after the date 
     of the enactment of this Act; except that--
       (A) with respect to permits issued before such date of 
     enactment to a major industrial or municipal discharger, such 
     amendments shall take effect on the last day of the 1-year 
     period beginning on such date of enactment; and
       (B) with respect to all other permits issued before such 
     date of enactment, such amendments shall take effect on the 
     last day of the 2-year period beginning on such date of 
     enactment.
       (f) Expired State Permits.--Section 402(d) (33 U.S.C. 
     1342(d)) is amended by adding at the end the following:
       ``(5) Expired state permits.--In any case in which--
       ``(A) a permit issued by a State for a discharge has 
     expired,
       ``(B) the permittee has submitted an application to the 
     State for a new permit for the discharge, and
       ``(C) the State has not acted on the application before the 
     last day of the 18-month period beginning on the date the 
     permit expired,

     the Administrator may issue a permit for the discharge under 
     subsection (a).''.
       (g) Compliance Schedule.--Section 302(b)(2)(B) (33 U.S.C. 
     1312(b)(2)(B)) is amended by adding at the end the following: 
     ``The Administrator may only issue a permit pursuant to this 
     subparagraph for a period exceeding 2 years if the 
     Administrator makes the findings described in clauses (i) and 
     (ii) of this subparagraph on the basis of a public 
     hearing.''.
       (h) Emergency Powers.--Section 504 (33 U.S.C. 1364) is 
     amended to read as follows:
     ``SEC. 504. COMMUNITY PROTECTION.

       ``(a) Issuance of Orders; Court Action.--Notwithstanding 
     any other provision of this Act, whenever the Administrator 
     finds that, because of an actual or threatened direct or 
     indirect discharge of a pollutant, there may be an imminent 
     and substantial endangerment to the public health or welfare 
     (including the livelihood of persons) or the environment, the 
     Administrator may issue such orders or take such action as 
     may be necessary to protect public health or welfare or the 
     environment and commence a suit (or cause it to be commenced) 
     in the United States district court for the district where 
     the discharge or threat occurs. Such court may grant such 
     relief to abate the threat and to protect against the 
     endangerment as the
      public interest and the equities require, enforce, and 
     adjudge penalties for disobedience to orders of the 
     Administrator issued under this section, and grant other 
     relief according to the public interest and the equities 
     of the case.
       ``(b) Enforcement of Orders.--Any person who, without 
     sufficient cause, violates or fails to comply with an order 
     of the Administrator issued under this section, shall be 
     liable for civil penalties to the United States in an amount 
     not to exceed $25,000 per day for each day on which such 
     violation or failure occurs or continues.''.
       (i) Citizen Suits.--
       (1) Suits for past violations.--Section 505 (33 U.S.C. 
     1365) is amended--
       (A) in subsection (a)(1) by inserting ``to have violated 
     or'' after ``who is alleged'';
       (B) in subsection (b)(1)(A)(ii) by striking ``occurs'' and 
     inserting ``has occurred or is occurring''; and
       (C) in subsection (f)(6) by inserting ``has been or'' after 
     ``which''.
       (2) Time limit.--Section 505(b)(1)(A) is amended by 
     striking ``60 days'' and inserting ``30 days''.
       (3) Effect of judgments on citizen suits.--Section 505(b) 
     is further amended--
       (A) in paragraph (1)(B)--
       (i) by striking ``, or a State''; and
       (ii) by striking ``right.'' and inserting ``right and may 
     obtain costs of litigation under subsection (d), or''; and
       (B) by adding at the end the following: ``The notice under 
     paragraph (1)(A) need set forth only violations which have 
     been specifically identified in the discharge monitoring 
     reports of the alleged violator. An action by a State under 
     subsection (a)(1) may be brought at any time. No judicial 
     action by the Administrator or a State shall bar an action 
     for the same violation under subsection (a)(1) 
     [[Page H4653]] unless the action is by the Administrator and 
     meets the requirements of this paragraph. No administrative 
     action by the Administrator or a State shall bar a pending 
     action commenced after February 4, 1987, for the same 
     violation under subsection (a)(1) unless the action by the 
     Administrator or a State meets the requirements of section 
     309(g)(6) of this Act.''.
       (4) Consent judgments.--Section 505(c)(3) is amended by 
     adding at the end the following: ``Consent judgments entered 
     under this section may provide that the civil penalties 
     included in the consent judgment be used for carrying out 
     mitigation projects in accordance with section 309(d).''.
       (5) Pretreatment requirements.--Section 505(f)(4) is 
     amended by striking ``or pretreatment standards'' and 
     inserting ``or pretreatment standard or requirement described 
     in section 307(d)''.
       (6) Effluent standard definition.--Section 505(f)(6) is 
     amended by inserting ``narrative or mathematical'' before 
     ``condition''.
       (7) Definition of citizen.--Section 505(g) is amended to 
     read as follows:
       ``(g) Citizen Defined.--For purposes of this section, the 
     term `citizen' means a person or persons having an interest 
     (including a recreational, aesthetic, environmental, health, 
     or economic interest) which is, has been, or may be adversely 
     affected and includes a person who uses or enjoys the waters 
     into which the discharge flows (either directly or through a 
     publicly owned treatment works), who uses or enjoys aquatic 
     resources or nearby lands associated with the waters, or who 
     would use or enjoy the waters, aquatic resources, or nearby 
     lands if they were less polluted.''.
       (8) Offers of judgment.--Section 505 is further amended by 
     adding at the end the following:
       ``(i) Applicability of Offers of Judgment.--Offers of 
     judgment pursuant to Rule 68 of the Federal Rules of Civil 
     Procedure shall not be applicable to actions brought under 
     subsection (a)(1) of this section.''.
       (j) Issuance of Subpoenas.--Section 509(a)(1) (33 U.S.C. 
     1369(a)(1)) is amended by striking ``obtaining information 
     under section 305 of this Act, or carrying out section 507(e) 
     of this Act,'' and inserting ``carrying out this Act,''.
       (k) Judicial Review of EPA Actions.--Section 509(b)(1) (33 
     U.S.C. 1369(b)(1)) is amended--
       (1) by inserting after the comma at the end of clause (D) 
     ``including a decision to deny a petition by interested 
     person to veto an individual permit issued by a State,'';
       (2) by inserting after the comma at the end of clause (E) 
     ``including a decision not to include any pollutant in such 
     effluent limitation or other limitation if the Administrator 
     has or is made aware of information indicating that such 
     pollutant is present in any discharge subject to such 
     limitation,''; and
       (3) by striking ``and (G)'' and inserting the following: 
     ``(G) in issuing or approving any water quality standard 
     under section 303(c) or 303(d), (H) in issuing any water 
     quality criterion under section 304(a), including a decision 
     not to address any effect of the pollutant subject to such 
     criterion if the Administrator has or is made aware of 
     information indicating that such effect may occur, and (J)''.
       (l) National Clean Water Trust Fund.--
       (1) In general.--Title V (33 U.S.C. 1361-1377) is amended 
     by redesignating section 519 as section 522 and by inserting 
     after section 518 the following new section:

     ``SEC. 519. NATIONAL CLEAN WATER TRUST FUND.

       ``(a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     `Clean Water Trust Fund'.
       ``(b) Transfers to Trust Fund.--There are hereby 
     appropriated to the Clean Water Trust Fund amounts equivalent 
     to the penalties collected under section 309 of this Act and 
     the penalties collected under section 505(a) of this Act 
     (excluding any amounts ordered to be used to carry out 
     mitigation projects under section 309 or 505(a), as the case 
     may be).
       ``(c) Administration of Trust Fund.--The Administrator 
     shall administer the Clean Water Trust Fund. The 
     Administrator may use moneys in the Fund to carry out 
     inspections and enforcement activities pursuant to this Act. 
     In addition, the Administrator may make such
      amounts of money in the Fund as the Administrator determines 
     appropriate available to carry out title VI of this 
     Act.''.
       (2) Conforming amendment to state revolving fund program.--
     Section 607 (33 U.S.C. 1387) is amended--
       (A) by inserting ``(a) In General.--'' before ``There is''; 
     and
       (B) by adding at the end the following:
       ``(b) Treatment of Transfers From Clean Water Trust Fund.--
     For purposes of this title, amounts made available from the 
     Clean Water Trust Fund under section 519 of this Act to carry 
     out this title shall be treated as funds authorized to be 
     appropriated to carry out this title and as funds made 
     available under this title.''.
       (m) Applicability.--Sections 101(h), 309(g)(6)(A), 
     505(a)(1), 505(b), 505(g), and 505(i) of the Federal Water 
     Pollution Control Act, as inserted or amended by this 
     section, shall be applicable to all cases pending under such 
     Act on the date of the enactment of this Act and all cases 
     brought on or after such date of enactment relating to 
     violations which occurred before such date of amendment.
       Redesignate subsequent subsections of section 313 of the 
     bill accordingly.
       Page 81, line 4, strike ``(h)'' and insert ``(k)''.
       Page 131, line 5, strike ``(r)'' and insert ``(u)''.
       Page 188, line 21 strike ``(s)'' and insert ``(v)''.
       Page 192, line 6, strike ``(t)'' and insert ``(w)''.
       Page 216, line 11, strike ``by'' and all that follows 
     through ``518'' on line 13 and insert ``by inserting after 
     section 519''.
       Page 216, line 14, strike ``519'' and insert ``520''.
       Page 217, line 7, strike ``before'' and all that follows 
     through the comma on line 8 and insert ``after section 520''.
       Page 217, line 9, strike ``520'' and insert ``521''.
       Page 321, line 3, strike ``(8)'' and insert ``(7)''.

                                H.R. 961

                        Offered By: Mr. Pallone

       Amendment No. 42: Page 240, line 23, after the semicolon 
     insert ``and''
       Page 241, line 5, strike the semicolon and all that follows 
     through the period on line 9 and insert a period.
       Page 242, line 4, after the semicolon insert ``and''.
       Page 242, line 7, strike the semicolon and all that follows 
     through the period on line 11 and insert a period.
       Page 276, line 10, strike the comma and all that follows 
     through the comma on line 11.
       Page 292, line 17, after the semicolon insert ``and''.
       Page 292, strike lines 18 through 20.
       Page 292, line 21, strike ``(G)'' and insert ``(F)''.
       Page 292, strike line 24, and all that follows through line 
     6 on page 294.
       Page 294, line 7, strike ``(3)'' and insert ``(2)''.
       Page 295, line 3, strike ``(4)'' and insert ``(3)''.
       Page 295, line 16, strike ``(5)'' and insert ``(4)''.
       Page 315, strike lines 11 through 15.
       Page 315, line 16, strike ``(K)'' and insert ``(J)''.
       Page 315, line 19, strike ``(L)'' and insert ``(K)''.
       Page 315, line 21, strike ``(M)'' and insert ``(L)''.
       Page 316, line 14, strike ``(N)'' and insert ``(M)''.

                                H.R. 961

                        Offered By: Mr. Pallone

       Amendment No. 43: Strike title IX of the bill (pages 323 
     through 326).
                                H.R. 961

                        Offered By: Mr. Pallone

       Amendment No. 44: Page 72, strike line 20 and all that 
     follows through line 18 on page 73 and insert the following:
       (b) Beaches Environmental Assessment, Closure, and 
     Health.--
       (1) Water quality criteria and standards.--
       (A) Issuance of criteria.--Section 304(a) (33 U.S.C. 
     1314(a)) is further amended by adding at the end the 
     following:
       ``(13) Coastal recreation waters.--(A) The Administrator, 
     after consultation with appropriate Federal and State 
     agencies and other interested persons, shall issue within 18 
     months after the effective date of this paragraph (and review 
     and revise from time to time thereafter) water quality 
     criteria for pathogens in coastal recreation waters. Such 
     criteria shall--
       ``(i) be based on the best available scientific 
     information;
       ``(ii) be sufficient to protect public health and safety in 
     case of any reasonably anticipated exposure to pollutants as 
     a result of swimming, bathing, or other body contact 
     activities; and
       ``(iii) include specific numeric criteria calculated to 
     reflect public health risks from short-term increases in 
     pathogens in coastal recreation waters resulting from 
     rainfall, malfunctions of wastewater treatment works, and 
     other causes.
       ``(B) For purposes of this paragraph, the term `coastal 
     recreation waters' means Great Lakes and marine coastal 
     waters commonly used by the public for swimming, bathing, or 
     other similar primary contact purposes.''.
       (B) Standards.--
       (i) Adoption by states.--A State shall adopt water quality 
     standards for coastal recreation waters which, at a minimum, 
     are consistent with the criteria published by the 
     Administrator under section 304(a)(13) of the Federal Water 
     Pollution Control Act not later than 3 years following the 
     date of such publication. Such water quality standards shall 
     be developed in accordance with the requirements of section 
     303(c) of the Federal Water Pollution Control Act. A State 
     shall incorporate such standards into all appropriate 
     programs into which such State would incorporate water 
     quality standards adopted under section 303(c) of the Federal 
     Water Pollution Control Act.
       (ii) Failure of states to adopt.--If a State has not 
     complied with subparagraph (A) by the last day of the 3-year 
     period beginning on the date of publication of criteria under 
     section 304(a)(13) of the Federal Water Pollution Control 
     Act, the Administrator shall promulgate water quality 
     standards for coastal recreation waters for the State under 
     applicable provisions of section 303 of the Federal Water 
     Pollution Control Act. The water quality standards for 
     coastal recreation waters shall be consistent with the 
     criteria published by the Administrator under such section 
     304(a)(13). The State shall use the standards issued by the 
     Administrator in implementing all programs for which water 
     quality standards for coastal recreation waters are used.
       [[Page H4654]] (2) Coastal beach water quality 
     monitoring.--Title IV (33 U.S.C. 1341-1345) is amended by 
     adding at the end thereof the following new section:

     ``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.

       ``(a) Monitoring.--Not later than 9 months after the date 
     on which the Administrator publishes revised water quality 
     criteria for coastal recreation waters under section 
     304(a)(13), the Administrator shall publish regulations 
     specifying methods to be used by States to monitor coastal 
     recreation waters, during periods of use by the public, for 
     compliance with applicable water quality standards for those 
     waters and protection of the public safety. Monitoring 
     requirements established pursuant to this subsection shall, 
     at a minimum--
       ``(1) specify the frequency of monitoring based on the 
     periods of recreational use of such waters;
       ``(2) specify the frequency of monitoring based on the 
     extent and degree of use during such periods;
       ``(3) specify the frequency of monitoring based on the 
     proximity of coastal recreation waters to pollution sources;
       ``(4) specify methods for detecting short-term increases in 
     pathogens in coastal recreation waters;
       `'(5) specify the conditions and procedures under which 
     discrete areas of coastal recreation waters may be exempted 
     by the Administrator from the monitoring requirements of this 
     subsection, if the Administrator determines that an exemption 
     will not impair--
       ``(A) compliance with the applicable water quality 
     standards for those waters; and
       ``(B) protection of the public safety; and
       ``(6) require, if the State has an approved coastal zone 
     management program under section 306 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1455), that each coastal 
     zone management agency of the State provide technical 
     assistance to local governments within the State for ensuring 
     that coastal recreation waters and beaches are as free as 
     possible from floatable materials.
       ``(b) Notification Requirements.--Regulations published 
     pursuant to subsection (a) shall require States to notify 
     local governments and the public of violations of applicable 
     water quality standards for State coastal recreation waters. 
     Notification pursuant to this subsection shall include, at a 
     minimum--
       ``(1) prompt communication of the occurrence, nature, and 
     extent of such a violation, to a designated official of a 
     local government having jurisdiction over land adjoining the 
     coastal recreation waters for which a violation is 
     identified; and
       ``(2) posting of signs, for the period during which the 
     violation continues, sufficient to give notice to the public 
     of a violation of an applicable water quality standard for 
     such waters and the potential risks associated with body 
     contact recreation in such waters.
       ``(c) Floatable Materials Monitoring Procedures.--The 
     Administrator shall--
       ``(1) issue guidance on uniform assessment and monitoring 
     procedures for floatable materials in coastal recreation 
     waters; and
       ``(2) specify the conditions under which the presence of 
     floatable material shall constitute a threat to public health 
     and safety.
       ``(d) Delegation of Responsibility.--A State may delegate 
     responsibility for monitoring and posting of coastal 
     recreation waters pursuant to this section to local 
     government authorities.
       ``(e) Review and Revision of Regulations.--The 
     Administrator shall review and revise regulations published 
     pursuant to this section periodically.
       ``(f) Definitions.--For the purposes of this section--
       ``(1) the term `coastal recreation waters' means Great 
     Lakes and marine coastal waters commonly used by the public 
     for swimming, bathing, or other similar body contact 
     purposes; and
       ``(2) the term `floatable materials' means any matter that 
     may float or remain suspended in the water column and 
     includes plastic, aluminum cans, wood, bottles, and paper 
     products.''.
       (3) Study to identify indicators of human-specific pathoens 
     in coastal recreation waters.--
       (A) Study.--The Administrator, in co-operation with the 
     Under Secretary of Commerce for Oceans and Atmosphere, shall 
     conduct an ongoing study to provide additional information to 
     the current base of knowledge for use for developing better 
     indicators for directly detecting in coastal recreation 
     waters the presence of bacteria and viruses which are harmful 
     to human health.
       (B) Report.--Not later than 4 years after the date of the 
     enactment of this Act, and periodically thereafter, the 
     Administrator shall submit to the Congress a report 
     describing the findings of the study under this paragraph, 
     including--
       (i) recommendations concerning the need for additional 
     numerical limits or conditions and other actions needed to 
     improve the quality of coastal recreation waters;
       (ii) a description of the amounts and types of floatable 
     materials in coastal waters and on coastal beaches and of 
     recent trends in the amounts and types of such floatable 
     materials; and
       (iii) an evaluation of State efforts to implement this 
     section, including the amendments made by this section.
       (4) Grants to states.--
       (1) Grants.--The Administrator may make grants to States 
     for use in fulfilling requirements established pursuant to 
     paragraphs (1) and (2) (including any amendments made by such 
     paragraphs).
       (B) Cost sharing.--The total amount of grants to a State 
     under this paragraph for a fiscal year shall not exceed 50 
     percent of the cost to the State of implementing requirements 
     established pursuant to such paragraphs.
       (5) Definitions.--In this subsection--
       (A) the term ``coastal recreation waters'' means Great 
     Lakes and marine coastal waters commonly used by the public 
     for swimming, bathing, or other similar body contact 
     purposes; and
       (B) the term ``floatable materials'' means any matter that 
     may float or remain suspended in the water column and 
     includes plastic, aluminum cans, wood, bottles, and paper 
     products.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator--
       (A) for use in making grants to States under paragraph (4) 
     not more than $3,000,000 for each of the fiscal years 1996 
     and 1997; and
       (B) for carrying out the other provisions of this 
     subsection not more than $1,000,000 for each of the fiscal 
     years 1996 and 1997.

     Page 204, line 14, strike ``406'' and insert ``407''.
                                H.R. 961

                        Offered By: Mr. Pallone

       Amendment No. 45: Strike section 309 of the bill (pages 65 
     through 70).
       Redesignate subsequent sections of title III of the bill 
     accordingly and conform the table of contents of the bill.

                                H.R. 961

                         Offered By: Mr. Riggs

       Amendment No. 45: Insert at the appropriate place in title 
     IV the following new section:
       ``  Discharge Volume.--Section 402(o)(2) (33 U.S.C. 
     1342(o)(2)) is amended in the first sentence by inserting ``, 
     or a change in the volume of wastewater discharge,'' after 
     the word ``pollutant''.

                                H.R. 961

                         Offered By: Mr. Riggs

       Amendment No. 47: Insert at the appropriate place in title 
     IV the following new section:
       ``  Discharge Volume.--Section 402(o)(2) (33 U.S.C. 
     1342(o)(2)) is amended in the first sentence by inserting 
     ``the concentration or loading of'' after the words 
     ``applicable to''.

                                H.R. 961

                         Offered By: Mr. Riggs

       Amendment No. 48: On page 276, strike lines 3 through 7 and 
     insert in lieu thereof the following:

     ``ponds, wastewater management facilities (including 
     pipelines, dikes and berms) that are used by concentrated 
     animal feeding or municipal wastewater reuse operations, or 
     irrigation canals and ditches or the maintenance of drainage 
     ditches;''.
                                H.R. 961

                Amendment in the Nature of a Substitute

                         Offered By: Mr. Saxton

       Amendment No. 49: Strike all after the enacting clause and 
     insert the following:
     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Clean 
     Water Amendments of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definition.
Sec. 3. Amendment of Federal Water Pollution Control Act.

                 TITLE I--RESEARCH AND RELATED PROGRAMS

Sec. 101. Research, investigations, training, and information.
Sec. 102. State management assistance.
Sec. 103. Mine water pollution control.
Sec. 104. Water sanitation in rural and Native Alaska villages.
Sec. 105. Authorization of appropriations for Chesapeake program.
Sec. 106. Great Lakes management.

                     TITLE II--CONSTRUCTION GRANTS

Sec. 201. Uses of funds.
Sec. 202. Administration of closeout of construction grant program.
Sec. 203. Sewage collection systems.
Sec. 204. Value engineering review.
Sec. 205. Grants for wastewater treatment.

                  TITLE III--STANDARDS AND ENFORCEMENT

Sec. 301. Arid areas.
Sec. 302. Secondary treatment.
Sec. 303. Federal facilities.
Sec. 304. National estuary program.
Sec. 305. Nonpoint source management programs.
Sec. 306. Coastal zone management.
Sec. 307. Comprehensive watershed management.
Sec. 308. Revision of effluent limitations.

                     TITLE IV--PERMITS AND LICENSES

Sec. 401. Waste treatment systems for concentrated animal feeding 
              operations.
Sec. 402. Municipal and industrial stormwater discharges.
Sec. 403. Intake credits.
Sec. 404. Combined sewer overflows.
Sec. 405. Abandoned mines.
Sec. 406. Beneficial use of biosolids.
               [[Page H4655]] TITLE V--GENERAL PROVISIONS

Sec. 501. Publicly owned treatment works defined.
Sec. 502. Implementation of water pollution laws with respect to 
              vegetable oil.
Sec. 503. Needs estimate.
Sec. 504. Food processing and food safety.
Sec. 505. Audit dispute resolution.

        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS

Sec. 601. General authority for capitalization grants.
Sec. 602. Capitalization grant agreements.
Sec. 603. Water pollution control revolving loan funds.
Sec. 604. Allotment of funds.
Sec. 605. Authorization of appropriations.
Sec. 606. State nonpoint source water pollution control revolving 
              funds.

                  TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 701. Technical amendments.
Sec. 702. John A. Blatnik National Fresh Water Quality Research 
              Laboratory.
Sec. 703. Wastewater service for colonias.
Sec. 704. Savings in municipal drinking water costs.

            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

Sec. 801. Short title.
Sec. 802. Findings and purposes.
Sec. 803. State, local, and landowner technical assistance and 
              cooperative training.
Sec. 804. Federal, State, and Local Government Coordinating Committee.
Sec. 805. State and local wetland conservation plans and strategies; 
              grants to facilitate the implementation of section 404.
Sec. 806. National cooperative wetland ecosystem restoration strategy.
Sec. 807. Permits for discharge of dredged or fill material.
Sec. 808. Technical assistance to private landowners, codification of 
              regulations and policies.
Sec. 809. Delineation.
Sec. 810. Fast track for minor permits.
Sec. 811. Compensatory mitigation.
Sec. 812. Cooperative mitigation ventures and mitigation banks.
Sec. 813. Wetlands monitoring and research.
Sec. 814. Administrative appeals.
Sec. 815. Cranberry production.
Sec. 816. State classification systems.
Sec. 817. Definitions.

                        TITLE IX--MISCELLANEOUS

Sec. 901. Obligations and expenditures subject to appropriations.
     SEC. 2. DEFINITION.

       In this Act, the term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.

     SEC. 3. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Federal Water Pollution Control Act 
     (33 U.S.C. 1251-1387).
                 TITLE I--RESEARCH AND RELATED PROGRAMS

     SEC. 101. RESEARCH, INVESTIGATIONS, TRAINING, AND 
                   INFORMATION.

       (a) National Programs.--Section 104(a) (33 U.S.C. 1254(a)) 
     is amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(7) in cooperation with appropriate Federal, State, and 
     local agencies, conduct, promote, and encourage to the 
     maximum extent feasible, in watersheds that may be 
     significantly affected by nonpoint sources of pollution, 
     monitoring and measurement of water quality by means and 
     methods that will help to identify the relative contributions 
     of particular nonpoint sources.''.
       (b) Grants to Local Governments.--Section 104(b)(3) (33 
     U.S.C. 1254(b)(3)) is amended by inserting ``local 
     governments,'' after ``interstate agencies,''.
       (c) Technical Assistance for Rural and Small Treatment 
     Works.--Section 104(b) (33 U.S.C. 1254(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(8) make grants to nonprofit organizations to provide 
     technical assistance and training to rural and small publicly 
     owned treatment works to enable such treatment works to 
     achieve and maintain compliance with the requirements of this 
     Act; and
       ``(9) disseminate information to rural, small, and 
     disadvantaged communities with respect to the planning, 
     design, construction, and operation of treatment works.''.
       (d) Wastewater Treatment in Impoverished Communities.--
     Section 104(q) (33 U.S.C. 1254(q)) is amended by adding at 
     the end the following:
       ``(5) Small impoverished communities.--
       ``(A) Grants.--The Administrator may make grants to States 
     to provide assistance for planning, design, and construction 
     of publicly owned treatment works to provide wastewater 
     services to rural communities of 3,000 or less that are not 
     currently served by any sewage collection or water treatment 
     system and are severely economically disadvantaged, as 
     determined by the Administrator.
       ``(B) Authorization.--There is authorized to be 
     appropriated to carry out this paragraph $50,000,000 per 
     fiscal year for fiscal years 1996 through 2000.''.
       (e) Authorization of Appropriations.--Section 104(u) (33 
     U.S.C. 1254(u)) is amended--
       (1) by striking ``and'' before ``(6)''; and
       (2) by inserting before the period at the end the 
     following: ``; and (7) not to exceed $50,000,000 per fiscal 
     year for each of fiscal years 1996 through 2000 for carrying 
     out the provisions of subsections (b)(3), (b)(8), and (b)(9), 
     except that not less than
      20 percent of the sums appropriated pursuant to this clause 
     shall be available for carrying out the provisions of 
     subsections (b)(8) and (b)(9)''.
     SEC. 102. STATE MANAGEMENT ASSISTANCE.

       Section 106(a) (33 U.S.C. 1256(a)) is amended--
       (1) by striking ``and'' before ``$75,000,000'';
       (2) by inserting after ``1990'' the following: ``, such 
     sums as may be necessary for each of fiscal years 1991 
     through 1995, and $150,000,000 per fiscal year for each of 
     fiscal years 1996 through 2000''; and
       (3) by adding at the end the following: ``States or 
     interstate agencies receiving grants under this section may 
     use such funds to finance, with other States or interstate 
     agencies, studies and projects on interstate issues relating 
     to such programs.''.
     SEC. 103. MINE WATER POLLUTION CONTROL.

       Section 107 (33 U.S.C. 1257) is amended to read as follows:

     ``SEC. 107. MINE WATER POLLUTION CONTROL.

       ``(a) Acidic and Other Toxic Mine Drainage.--The 
     Administrator shall establish a program to demonstrate the 
     efficacy of measures for abatement of the causes and 
     treatment of the effects of acidic and other toxic mine 
     drainage within qualified hydrologic units affected by past 
     coal mining practices for the purpose of restoring the 
     biological integrity of waters within such units.
       ``(b) Grants.--
       ``(1) In general.--Any State or Indian tribe may apply to 
     the Administrator for a grant for any project which provides 
     for abatement of the causes or treatment of the effects of 
     acidic or other toxic mine drainage within a qualified 
     hydrologic unit affected by past coal mining practices.
       ``(2) Application requirements.--An application submitted 
     to the Administrator under this section shall include each of 
     the following:
       ``(A) An identification of the qualified hydrologic unit.
       ``(B) A description of the extent to which acidic or other 
     toxic mine drainage is affecting the water quality and 
     biological resources within the hydrologic unit.
       ``(C) An identification of the sources of acidic or other 
     toxic mine drainage within the hydrologic unit.
       ``(D) An identification of the project and the measures 
     proposed to be undertaken to abate the causes or treat the 
     effects of acidic or other toxic mine drainage within the 
     hydrologic unit.
       ``(E) The cost of undertaking the proposed abatement or 
     treatment measures.
       ``(c) Federal Share.--
       ``(1) In general.--The Federal share of the cost of a 
     project receiving grant assistance under this section shall 
     be 50 percent.
       ``(2) Lands, easements, and rights-of-way.--Contributions 
     of lands, easements, and rights-of-way shall be credited 
     toward the non-Federal share of the cost of a project under 
     this section but not in an amount exceeding 25 percent of the 
     total project cost.
       ``(3) Operation and maintenance.--The non-Federal interest 
     shall bear 100 percent of the cost of operation and 
     maintenance of a project under this section.
       ``(d) Prohibited Projects.--No acidic or other toxic mine 
     drainage abatement or treatment project may receive 
     assistance under this section if the project would adversely 
     affect the free-flowing characteristics of any river segment 
     within a qualified hydrologic unit.
       ``(e) Applications From Federal Entities.--Any Federal 
     entity may apply to the Administrator for
      a grant under this section for the purposes of an acidic or 
     toxic mine drainage abatement or treatment project within 
     a qualified hydrologic unit located on lands and waters 
     under the administrative jurisdiction of such entity.
       ``(f) Approval.--The Administrator shall approve an 
     application submitted pursuant to subsection (b) or (e) after 
     determining that the application meets the requirements of 
     this section.
       ``(g) Qualified Hydrologic Unit Defined.--For purposes of 
     this section, the term `qualified hydrologic unit' means a 
     hydrologic unit--
       ``(1) in which the water quality has been significantly 
     affected by acidic or other toxic mine drainage from past 
     coal mining practices in a manner which adversely impacts 
     biological resources; and
       ``(2) which contains lands and waters eligible for 
     assistance under title IV of the Surface Mining and 
     Reclamation Act of 1977.''.

     SEC. 104. WATER SANITATION IN RURAL AND NATIVE ALASKA 
                   VILLAGES.

       (a) In General.--Section 113 (33 U.S.C. 1263) is amended by 
     striking the section heading and designation and subsections 
     (a) through (f) and inserting the following:
     [[Page H4656]] ``SEC. 113. ALASKA VILLAGE PROJECTS AND 
                   PROGRAMS.

       ``(a) Grants.--The Administrator is authorized to make 
     grants--
       ``(1) for the development and construction of facilities 
     which provide sanitation services for rural and Native Alaska 
     villages;
       ``(2) for training, technical assistance, and educational 
     programs relating to operation and maintenance for sanitation 
     services in rural and Native Alaska villages; and
       ``(3) for reasonable costs of administering and managing 
     grants made and programs and projects carried out under this 
     section; except that not to exceed 4 percent of the amount of 
     any grant made under this section may be made for such costs.
       ``(b) Federal Share.--A grant under this section shall be 
     50 percent of the cost of the program or project being 
     carried out with such grant.
       ``(c) Special Rule.--The Administrator shall award grants 
     under this section for project construction following the 
     rules specified in subpart H of part 1942 of title 7 of the 
     Code of Federal Regulations.
       ``(d) Grants to State for Benefit of Villages.--Grants 
     under this section may be made to the State for the benefit 
     of rural Alaska villages and Alaska Native villages.
       ``(e) Coordination.--In carrying out activities under this 
     subsection, the Administrator is directed to coordinate 
     efforts between the State of Alaska, the Secretary of Housing 
     and Urban Development, the Secretary of Health and Human 
     Services, the Secretary of the Interior, the Secretary of 
     Agriculture, and the recipients of grants.
       ``(f) Funding.--There is authorized to be appropriated 
     $25,000,000 for fiscal years beginning after September 30, 
     1995, to carry out this section.''.
       (b) Conforming Amendment.--Section 113(g) is amended by 
     inserting after ``(g)'' the following: ``Definitions.--''.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS FOR CHESAPEAKE 
                   PROGRAM.

       Section 117(d) (33 U.S.C. 1267(d)) is amended--
       (1) in paragraph (1), by inserting ``such sums as may be 
     necessary for fiscal years 1991 through 1995, and $3,000,000 
     per fiscal year for each of fiscal years 1996 through 2000'' 
     after ``1990,''; and
       (2) in paragraph (2), by inserting ``such sums as may be 
     necessary for fiscal years 1991 through 1995, and $18,000,000 
     per fiscal year for each of fiscal years 1996 through 2000'' 
     after ``1990,''.

     SEC. 106. GREAT LAKES MANAGEMENT.
       (a) Great Lakes Research Council.--
       (1) In general.--Section 118 (33 U.S.C. 1268) is amended--
       (A) in subsection (a)(3)--
       (i) by striking subparagraph (E) and inserting the 
     following:
       ``(E) `Council' means the Great Lakes Research Council 
     established by subsection (d)(1);'';
       (ii) by striking ``and'' at the end of subparagraph (I);
       (iii) by striking the period at the end of subparagraph (J) 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(K) `Great Lakes research' means the application of 
     scientific or engineering expertise to explain, understand, 
     and predict a physical, chemical, biological, or 
     socioeconomic process, or the interaction of 1 or more of the 
     processes, in the Great Lakes ecosystem.'';
       (B) by striking subsection (d) and inserting the following:
       ``(d) Great Lakes Research Council.--
       ``(1) Establishment of council.--There is established a 
     Great Lakes Research Council.
       ``(2) Duties of council.--The Council--
       ``(A) shall advise and promote the coordination of Federal 
     Great Lakes research activities to avoid unnecessary 
     duplication and ensure greater effectiveness in achieving 
     protection of the Great Lakes ecosystem through the goals of 
     the Great Lakes Water Quality Agreement;
       ``(B) not later than 1 year after the date of the enactment 
     of this subparagraph and biennially thereafter and after 
     providing opportunity for public review and comment, shall 
     prepare and provide to interested parties a document that 
     includes--
       ``(i) an assessment of the Great Lakes research activities 
     needed to fulfill the goals of the Great Lakes Water Quality 
     Agreement;
       ``(ii) an assessment of Federal expertise and capabilities 
     in the activities needed to fulfill the goals of the Great 
     Lakes Water Quality Agreement, including an inventory of 
     Federal Great Lakes research programs, projects, facilities, 
     and personnel; and
       ``(iii) recommendations for long-term and short-term 
     priorities for Federal Great Lakes research, based on a 
     comparison of the assessments conducted under clauses (i) and 
     (ii);
       ``(C) shall identify topics for and participate in 
     meetings, workshops, symposia, and conferences on Great Lakes 
     research issues;
       ``(D) shall make recommendations for the uniform collection 
     of data for enhancing Great Lakes research and management 
     protocols relating to the Great Lakes ecosystem;
       ``(E) shall advise and cooperate in--
       ``(i) improving the compatible integration of multimedia 
     data concerning the Great Lakes ecosystem; and
       ``(ii) any effort to establish a comprehensive multimedia 
     data base for the Great Lakes ecosystem; and
       ``(F) shall ensure that the results, findings, and 
     information regarding Great Lakes research programs conducted 
     or sponsored by the Federal Government are disseminated in a
      timely manner, and in useful forms, to interested persons, 
     using to the maximum extent practicable mechanisms in 
     existence on the date of the dissemination, such as the 
     Great Lakes Research Inventory prepared by the 
     International Joint Commission.
       ``(3) Membership.--
       ``(A) In general.--The Council shall consist of 1 research 
     manager with extensive knowledge of, and scientific expertise 
     and experience in, the Great Lakes ecosystem from each of the 
     following agencies and instrumentalities:
       ``(i) The Agency.
       ``(ii) The National Oceanic and Atmospheric Administration.
       ``(iii) The National Biological Service.
       ``(iv) The United States Fish and Wildlife Service.
       ``(v) Any other Federal agency or instrumentality that 
     expends $1,000,000 or more for a fiscal year on Great Lakes 
     research.
       ``(vi) Any other Federal agency or instrumentality that a 
     majority of the Council membership determines should be 
     represented on the Council.
       ``(B) Nonvoting members.--At the request of a majority of 
     the Council membership, any person who is a representative of 
     a Federal agency or instrumentality not described in 
     subparagraph (A) or any person who is not a Federal employee 
     may serve as a nonvoting member of the Council.
       ``(4) Chairperson.--The chairperson of the Council shall be 
     a member of the Council from an agency specified in clause 
     (i), (ii), or (iii) of paragraph (3)(A) who is elected by a 
     majority vote of the members of the Council. The chairperson 
     shall serve as chairperson for a period of 2 years. A member 
     of the Council may not serve as chairperson for more than 2 
     consecutive terms.
       ``(5) Expenses.--While performing official duties as a 
     member of the Council, a member shall be allowed travel or 
     transportation expenses under section 5703 of title 5, United 
     States Code.
       ``(6) Interagency cooperation.--The head of each Federal 
     agency or instrumentality that is represented on the 
     Council--
       ``(A) shall cooperate with the Council in implementing the 
     recommendations developed under paragraph (2);
       ``(B) on written request of the chairperson of the Council, 
     may make available, on a reimbursable basis or otherwise, 
     such personnel, services, or facilities as may be necessary 
     to assist the Council in carrying out the duties of the 
     Council under this section; and
       ``(C) on written request of the chairperson, shall furnish 
     data or information necessary to carry out the duties of the 
     Council under this section.
       ``(7) International cooperation.--The Council shall 
     cooperate, to the maximum extent practicable, with the 
     research coordination efforts of the Council of Great Lakes 
     Research Managers of the International Joint Commission.
       ``(8) Reimbursement for requested activities.--Each Federal 
     agency or instrumentality represented on the Council may 
     reimburse another Federal agency or instrumentality or a non-
     Federal entity for costs associated with activities 
     authorized under this subsection that are carried out by the
      other agency, instrumentality, or entity at the request of 
     the Council.
       ``(9) Federal advisory committee act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Council.
       ``(10) Effect on other law.--Nothing in this subsection 
     affects the authority of any Federal agency or 
     instrumentality, under any law, to undertake Great Lakes 
     research activities.'';
       (C) in subsection (e)--
       (i) in paragraph (1) by striking ``the Program Office and 
     the Research Office shall prepare a joint research plan'' and 
     inserting ``the Program Office, in consultation with the 
     Council, shall prepare a research plan''; and
       (ii) in paragraph (3)(A) by striking ``the Research Office, 
     the Agency for Toxic Substances and Disease Registry, and 
     Great Lakes States'' and inserting ``the Council, the Agency 
     for Toxic Substances and Disease Registry, and Great Lakes 
     States,''; and
       (D) in subsection (h)--
       (i) by adding ``and'' at the end of paragraph (1);
       (ii) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (iii) by striking paragraph (3).
       (2) Conforming Amendment.--The second sentence of section 
     403(a) of the Marine Protection, Research, and Sanctuaries 
     Act of 1972 (16 U.S.C. 1447b(a)) is amended by striking 
     ``Great Lakes Research Office authorized under'' and 
     inserting ``Great Lakes Research Council established by''.
       (b) Consistency of Programs With Federal Guidance.--Section 
     118(c)(2)(C) (33 U.S.C. 1268(c)(2)(C)) is amended by adding 
     at the end the following: ``For purposes of this section, a 
     State's standards, policies, and procedures shall be 
     considered consistent with such guidance if the standards, 
     policies, and procedures are based on scientifically 
     defensible judgments and policy choices made by the State 
     after consideration of the guidance and provide an overall 
     level of protection comparable to that provided by the 
     guidance, taking into account the specific circumstances of 
     the State's waters.''.
       (c) Reauthorization of Assessment and Remediation of 
     Contaminated Sediments 
     [[Page H4657]] Program.--Section 118(c)(7) is amended by 
     adding at the end the following:
       ``(D) Reauthorization of assessment and remediation of 
     contaminated sediments program.--
       ``(i) In general.--The Administrator, acting through the 
     Program Office, in consultation and cooperation with the 
     Assistant Secretary of the Army having responsibility for 
     civil works, shall conduct at least 3 pilot projects 
     involving promising technologies and practices to remedy 
     contaminated sediments (including at least 1 full-scale 
     demonstration of a remediation technology) at sites in the 
     Great Lakes System, as the Administrator determines 
     appropriate.
       ``(ii) Selection of sites.--In selecting sites for the 
     pilot projects, the Administrator shall give priority 
     consideration to--

       ``(I) the Ashtabula River in Ohio;
       ``(II) the Buffalo River in New York;
       ``(III) Duluth and Superior Harbor in Minnesota;
       ``(IV) the Fox River in Wisconsin;
       ``(V) the Grand Calumet River in Indiana; and
       ``(VI) Saginaw Bay in Michigan.

       ``(iii) Deadlines.--In carrying out this subparagraph, the 
     Administrator shall--

       ``(I) not later than 18 months after the date of the 
     enactment of this subparagraph, identify at least 3 sites and 
     the technologies and practices to be demonstrated at the 
     sites (including at least 1 full-scale demonstration of a 
     remediation technology); and
       ``(II) not later than 5 years after such date of enactment, 
     complete at least 3 pilot projects (including at least 1 
     full-scale demonstration of a remediation technology).

       ``(iv) Additional projects.--The Administrator, acting 
     through the Program Office, in consultation and cooperation 
     with the Assistant Secretary of the Army having 
     responsibility for civil works, may conduct additional pilot- 
     and full-scale pilot projects involving promising 
     technologies and practices at sites in the Great Lakes System 
     other than the sites selected under clause (i).
       ``(v) Execution of projects.--The Administrator may 
     cooperate with the Assistant Secretary of the Army having 
     responsibility for civil works to plan, engineer, design, and 
     execute pilot projects under this subparagraph.
       ``(vi) Non-federal contributions.--The Administrator may 
     accept non-Federal contributions to carry out pilot projects 
     under this subparagraph.
       ``(vii) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $3,500,000 for each of fiscal years 1996 through 2000.
       ``(E) Technical information and assistance.--
       ``(i) In general.--The Administrator, acting through the 
     Program Office, may provide technical information and 
     assistance involving technologies and practices for 
     remediation of contaminated sediments to persons that request 
     the information or assistance.
       ``(ii) Technical assistance priorities.--In providing 
     technical assistance under this subparagraph, the 
     Administrator, acting through the Program Office, shall give 
     special priority to requests for integrated assessments of, 
     and recommendations regarding, remediation technologies and 
     practices for contaminated sediments at Great Lakes areas of 
     concern.
       ``(iii) Coordination with other demonstrations.--The 
     Administrator shall--

       ``(I) coordinate technology demonstrations conducted under 
     this subparagraph with other federally assisted 
     demonstrations of contaminated sediment remediation 
     technologies; and
       ``(II) share information from the demonstrations conducted 
     under this subparagraph with the other demonstrations.

       ``(iv) Other sediment remediation activities.--Nothing in 
     this subparagraph limits the authority of the Administrator 
     to carry out sediment remediation activities under other 
     laws.
       ``(v) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subparagraph 
     $1,000,000 for each of fiscal years 1996 through 2000.''.
       (d) Authorization of Appropriations.--
       (1) Research and management.--Section 118(e)(3)(B) (33 
     U.S.C. 1268(e)(3)(B)) is amended by inserting before the 
     period at the end the following: ``, such sums as may be 
     necessary for fiscal year 1995, and $4,000,000 per fiscal 
     year for each of fiscal years 1996, 1997, and 1998''.
       (2) Great lakes programs.--Section 118(h) (33 U.S.C. 
     1268(h)) is amended--
       (A) by striking ``and'' before ``$25,000,000''; and
       (B) by inserting before the period at the end of the first 
     sentence the following: ``, such sums as may be necessary for 
     fiscal years 1992 through 1995, and $17,500,000 per fiscal 
     year for each of fiscal years 1996 through 2000''.
                     TITLE II--CONSTRUCTION GRANTS

     SEC. 201. USES OF FUNDS.

       (a) Nonpoint Source Program.--Section 201(g)(1) (33 U.S.C. 
     1281(g)(1)) is amended by striking the period at the end of 
     the first sentence and all that follows through the period at 
     the end of the last sentence and inserting the following: 
     ``and for any purpose for which a grant may be made under 
     sections 319(h) and 319(i) of this Act (including any 
     innovative and alternative approaches for the control of 
     nonpoint sources of pollution).''.
       (b) Retroactive Eligibility.--Section 201(g)(1) is further 
     amended by adding at the end the following: ``The 
     Administrator, with the concurrence of the States, shall 
     develop procedures to facilitate and expedite the retroactive 
     eligibility and provision of grant funding for facilities 
     already under construction.''.

     SEC. 202. ADMINISTRATION OF CLOSEOUT OF CONSTRUCTION GRANT 
                   PROGRAM.

       Section 205(g)(1) (33 U.S.C. 1285(g)(1)) is amended by 
     adding at the end the following: ``The Administrator may 
     negotiate an annual budget with a State for the purpose of 
     administering the closeout of the State's construction grants 
     program under this title. Sums made available for 
     administering such closeout shall be subtracted from amounts 
     remaining available for obligation under the State's 
     construction grant program under this title.''.

     SEC. 203. SEWAGE COLLECTION SYSTEMS.

       Section 211(a) (33 U.S.C. 1291(a)) is amended--
       (1) in clause (1) by striking ``an existing collection 
     system'' and inserting ``a collection system existing on the 
     date of the enactment of the Clean Water Amendments of 
     1995''; and
       (2) in clause (2)--
       (A) by striking ``an existing community'' and inserting ``a 
     community existing on such date of enactment''; and
       (B) by striking ``sufficient existing'' and inserting 
     ``sufficient capacity existing on such date of enactment''.

     SEC. 204. VALUE ENGINEERING REVIEW.

       Section 218(c) (33 U.S.C. 1298(c)) is amended by striking 
     ``$10,000,000'' and inserting ``$25,000,000''.
     SEC. 205. GRANTS FOR WASTEWATER TREATMENT.

       (a) Coastal Localities.--The Administrator shall make 
     grants under title II of the Federal Water Pollution Control 
     Act to appropriate instrumentalities for the purpose of 
     construction of treatment works (including combined sewer 
     overflow facilities) to serve coastal localities. No less 
     than $10,000,000 of the amount of such grants shall be used 
     for water infrastructure improvements in New Orleans, no less 
     than $3,000,000 of the amount of such grants shall be used 
     for water infrastructure improvements in Bristol County, 
     Massachusetts, and no less than \1/3\ of the amount of such 
     grants shall be used to assist localities that meet both of 
     the following criteria:
       (1) Need.--A locality that has over $2,000,000,000 in 
     category I treatment needs documented and accepted in the 
     Environmental Protection Agency's 1992 Needs Survey database 
     as of February 4, 1993.
       (2) Hardship.--A locality that has wastewater user charges, 
     for residential use of 7,000 gallons per month based on Ernst 
     & Young National Water and Wastewater 1992 Rate Survey, 
     greater than 0.65 percent of 1989 median household income for 
     the metropolitan statistical area in which such locality is 
     located as measured by the Bureau of the Census.
       (b) Federal Share.--Notwithstanding section 202(a)(1) of 
     the Federal Water Pollution Control Act, the Federal share of 
     grants under subsection (a) shall be 80 percent of the cost 
     of construction, and the non-Federal share shall be 20 
     percent of the cost of construction.
       (c) Small Communities.--The Administrator shall make grants 
     to States for the purpose of providing assistance for the 
     construction of treatment works to serve small communities as 
     defined by the State; except that the term ``small 
     communities'' may not include any locality with a population 
     greater than 75,000. Funds made available to carry out this 
     subsection shall be allotted by the Administrator to the 
     States in accordance with the allotment formula contained in 
     section 604(a) of the Federal Water Pollution Control Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under this section 
     $300,000,000 for fiscal year 1996. Such sums shall remain 
     available until expended and shall be equally divided between 
     subsections (a) and (c) of this section. Such authorization 
     of appropriation shall take effect only if the total amount 
     appropriated for fiscal year 1996 to carry out title VI of 
     the Federal Water Pollution Control Act is at least 
     $3,000,000,000.
                  TITLE III--STANDARDS AND ENFORCEMENT

     SEC. 301. ARID AREAS.

       (a) Constructed Water Conveyances.--Section 303(c)(2) (33 
     U.S.C. 1313(c)(2)) is amended by adding at the end the 
     following:
       ``(D) Standards for constructed water conveyances.--
       ``(i) Relevant factors.--If a State exercises jurisdiction 
     over constructed water conveyances in establishing standards 
     under this section, the State may consider the following:

       ``(I) The existing and planned uses of water transported in 
     a conveyance system.
       ``(II) Any water quality impacts resulting from any return 
     flow from a constructed water conveyance to navigable waters 
     and the need to protect downstream users.
       ``(III) Management practices necessary to maintain the 
     conveyance system.
       ``(IV) State or regional water resources management and 
     water conservation plans.
       ``(V) The authorized purpose for the constructed 
     conveyance.

       ``(ii) Relevant uses.--If a State adopts or reviews water 
     quality standards for constructed water conveyances, it shall 
     not be 
     [[Page H4658]] required to establish recreation, aquatic 
     life, or fish consumption uses for such systems if the uses 
     are not existing or reasonably foreseeable or such uses 
     impede the authorized uses of the conveyance system.''.
       (b) Criteria and Guidance for Ephemeral and Effluent-
     Dependent Streams.--Section 304(a) (33 U.S.C. 1314(a)) is 
     amended by adding at the end the following:
       ``(9) Criteria and guidance for ephemeral and effluent-
     dependent streams.--
       ``(A) Development.--Not later than 2 years after the date 
     of the enactment of this paragraph, and after providing 
     notice and opportunity for public comment, the Administrator 
     shall develop and publish--
       ``(i) criteria for ephemeral and effluent-dependent 
     streams; and
       ``(ii) guidance to the States on development and adoption 
     of water quality standards applicable to such streams.
       ``(B) Factors.--The criteria and guidance developed under 
     subparagraph (A) shall take into account the limited ability 
     of ephemeral and effluent-dependent streams to support 
     aquatic life and certain designated uses, shall include 
     consideration of the role the discharge may play in 
     maintaining the flow or level of such waters, and shall 
     promote the beneficial use of reclaimed water pursuant to 
     section 101(a)(10).''.
       (c) Factors Required To Be Considered by Administrator.--
     Section 303(c)(4) is amended by adding at the end the 
     following: ``In revising or adopting any new standard for 
     ephemeral or effluent-dependent streams under this paragraph, 
     the Administrator shall consider the factors referred to in 
     section 304(a)(9)(B).''.
       (d) Definitions.--Section 502 (33 U.S.C. 1362) is amended 
     by adding at the end the following:
       ``(21) The term `effluent-dependent stream' means a stream 
     or a segment thereof--
       ``(A) with respect to which the flow (based on the annual 
     average expected flow, determined by calculating the average 
     mode over a 10-year period) is primarily attributable to the 
     discharge of treated wastewater;
       ``(B) that, in the absence of a discharge of treated 
     wastewater and other primary anthropogenic surface or 
     subsurface flows, would be an ephemeral stream; or
       ``(C) that is an effluent-dependent stream under applicable 
     State water quality standards.
       ``(22) The term `ephemeral stream' means a stream or 
     segments thereof that flows periodically in response to 
     precipitation, snowmelt, or runoff.
       ``(23) The term `constructed water conveyance' means a 
     manmade water transport system constructed for the purpose of 
     transporting water in a waterway that is not and never was a 
     natural perennial waterway.''.

     SEC. 302. SECONDARY TREATMENT.

       (a) Coastal Discharges.--Section 304(d) (33 U.S.C. 1314(d)) 
     is amended by adding at the end the following:
       ``(5) Coastal discharges.--For purposes of this subsection, 
     any municipal wastewater treatment facility shall be deemed 
     the equivalent of a secondary treatment facility if each of 
     the following requirements is met:
       ``(A) The facility employs chemically enhanced primary 
     treatment.
       ``(B) The facility, on the date of the enactment of this 
     paragraph, discharges through an ocean outfall into an open 
     marine environment greater than 4 miles offshore into a depth 
     greater than 300 feet.
       ``(C) The facility's discharge is in compliance with all 
     local and State water quality standards for the receiving 
     waters.
       ``(D) The facility's discharge will be subject to an ocean 
     monitoring program acceptable to relevant Federal and State 
     regulatory agencies.''.
       (b) Modification of Secondary Treatment Requirements.--
       (1) In general.--Section 301 (33 U.S.C. 1311) is amended by 
     adding at the end the following:
       ``(s) Modification of Secondary Treatment Requirements.--
       ``(1) In general.--The Administrator, with the concurrence 
     of the State, shall issue a 10-year
      permit under section 402 which modifies the requirements of 
     subsection (b)(1)(B) of this section with respect to the 
     discharge of any pollutant from a publicly owned treatment 
     works into marine waters which are at least 150 feet deep 
     through an ocean outfall which discharges at least 1 mile 
     offshore, if the applicant demonstrates that--
       ``(A) there is an applicable ocean plan and the facility's 
     discharge is in compliance with all local and State water 
     quality standards for the receiving waters;
       ``(B) the facility's discharge will be subject to an ocean 
     monitoring program determined to be acceptable by relevant 
     Federal and State regulatory agencies;
       ``(C) the applicant has an Agency approved pretreatment 
     plan in place; and
       ``(D) the applicant, at the time such modification becomes 
     effective, will be discharging effluent which has received at 
     least chemically enhanced primary treatment and achieves a 
     monthly average of 75 percent removal of suspended solids.
       ``(2) Discharge of any pollutant into marine waters 
     defined.--For purposes of this subsection, the term 
     `discharge of any pollutant into marine waters' means a 
     discharge into deep waters of the territorial sea or the 
     waters of the contiguous zone, or into saline estuarine 
     waters where there is strong tidal movement.
       ``(3) Deadline.--On or before the 90th day after the date 
     of submittal of an application for a modification under 
     paragraph (1), the Administrator shall issue to the applicant 
     a modified permit under section 402 or a written 
     determination that the application does not meet the terms 
     and conditions of this subsection.
       ``(4) Effect of failure to respond.--If the Administrator 
     does not respond to an application for a modification under 
     paragraph (1) on or before the 90th day referred to in 
     paragraph (3), the application shall be deemed approved and 
     the modification sought by the applicant shall be in effect 
     for the succeeding 10-year period.''.
       (2) Extension of application deadline.--Section 301(j) (33 
     U.S.C. 1311(j)) is amended by adding at the end the 
     following:
       ``(6) Extension of application deadline.--In the 365-day 
     period beginning on the date of the enactment of this 
     paragraph, municipalities may apply for a modification 
     pursuant to subsection (s) of the requirements of subsection 
     (b)(1)(B) of this section.''.
       (c) Modifications for Small System Treatment 
     Technologies.--Section 301 (33 U.S.C. 1311) is amended by 
     adding at the end the following:
       ``(t) Modifications for Small System Treatment 
     Technologies.--The Administrator, with the concurrence of the 
     State, or a State with an approved program under section 402 
     may issue a permit under section 402 which modifies the 
     requirements of subsection (b)(1)(B) of this section with 
     respect to the discharge of any pollutant from a publicly 
     owned treatment works serving a community of 20,000 people or 
     fewer if the applicant demonstrates to the satisfaction of 
     the Administrator that--
       ``(1) the effluent from such facility originates primarily 
     from domestic users; and
       ``(2) such facility utilizes a properly constructed and 
     operated alternative treatment system (including 
     recirculating sand filter systems, constructed wetlands, and 
     oxidation lagoons) which is equivalent to secondary treatment 
     or will provide in the receiving waters and watershed an 
     adequate level of protection
      to human health and the environment and contribute to the 
     attainment of water quality standards.''.
       (d) Puerto Rico.--Section 301 (33 U.S.C. 1311) is further 
     amended by adding at the end the following:
       ``(u) Puerto Rico.--
       ``(1) Study by government of puerto rico.--Not later than 3 
     months after the date of the enactment of this section, the 
     Government of Puerto Rico may, after consultation with the 
     Administrator, initiate a study of the marine environment of 
     Anasco Bay off the coast of the Mayaguez region of Puerto 
     Rico to determine the feasibility of constructing a deepwater 
     outfall for the publicly owned treatment works located at 
     Mayaguez, Puerto Rico. Such study shall recommend one or more 
     technically feasible locations for the deepwater outfall 
     based on the effects of such outfall on the marine 
     environment.
       ``(2) Application for modification.--Notwithstanding 
     subsection (j)(1)(A), not later than 18 months after the date 
     of the enactment of this section, an application may be 
     submitted for a modification pursuant to subsection (h) of 
     the requirements of subsection (b)(1)(B) of this section by 
     the owner of the publicly owned treatment works at Mayaguez, 
     Puerto Rico, for a deepwater outfall at a location 
     recommended in the study conducted pursuant to paragraph (1).
       ``(3) Initial determination.--On or before the 90th day 
     after the date of submittal of an application for 
     modification under paragraph (2), the Administrator shall 
     issue to the applicant a draft initial determination 
     regarding the modification of the existing permit.
       ``(4) Final determination.--On or before the 270th day 
     after the date of submittal of an application for 
     modification under paragraph (2), the Administrator shall 
     issue a final determination regarding such modification.
       ``(5) Effectiveness.--If a modification is granted pursuant 
     to an application submitted under this subsection, such 
     modification shall be effective only if the new deepwater 
     outfall is operational within 5 years after the date of the 
     enactment of this subsection. In all other aspects, such 
     modification shall be effective for the period applicable to 
     all modifications granted under subsection (h).''.

     SEC. 303. FEDERAL FACILITIES.

       (a) Application of Certain Provisions.--Section 313(a) (33 
     U.S.C. 1323(a)) is amended by striking all preceding 
     subsection (b) and inserting the following:
     ``SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.

       ``(a) Applicability of Federal, State, Interstate, and 
     Local Laws.--
       ``(1) In general.--Each department, agency, or 
     instrumentality of the executive, legislative, and judicial 
     branches of the Federal Government--
       ``(A) having jurisdiction over any property or facility, or
       ``(B) engaged in any activity resulting, or which may 
     result, in the discharge or runoff of pollutants,

     and each officer, agent, or employee thereof in the 
     performance of his official duties, shall be subject to, and 
     comply with, all Federal, State, interstate, and local 
     requirements, administrative authority, and process and 
     sanctions respecting the control and abatement of water 
     pollution in the same manner and to the same extent as any 
     nongovernmental entity, including the payment of reasonable 
     service charges.
     [[Page H4659]]   ``(2) Types of actions covered.--Paragraph 
     (1) shall apply--
       ``(A) to any requirement whether substantive or procedural 
     (including any recordkeeping or reporting requirement, any 
     requirement respecting permits, and any other requirement),
       ``(B) to the exercise of any Federal, State, or local 
     administrative authority, and
       ``(C) to any process and sanction, whether enforced in 
     Federal, State, or local courts or in any other manner.
       ``(3) Penalties and fines.--The Federal, State, interstate, 
     and local substantive and procedural requirements, 
     administrative authority, and process and sanctions referred 
     to in paragraph (1) include all administrative orders and all 
     civil and administrative penalties and fines, regardless of 
     whether such penalties or fines are punitive or coercive in 
     nature or are imposed for isolated, intermittent, or 
     continuing violations.
       ``(4) Sovereign immunity.--
       ``(A) Waiver.--The United States hereby expressly waives 
     any immunity otherwise applicable to the United States with 
     respect to any requirement, administrative authority, and 
     process and sanctions referred to in paragraph (1) (including 
     any injunctive relief, any administrative order, any civil or 
     administrative penalty or fine referred to in paragraph (3), 
     or any reasonable service charge).
       ``(B) Processing fees.--The reasonable service charges 
     referred to in this paragraph include fees or charges 
     assessed in connection with the processing and issuance of 
     permits, renewal of permits, amendments to permits, review of 
     plans, studies, and other documents, and inspection and 
     monitoring of facilities, as well as any other 
     nondiscriminatory charges that are assessed in connection 
     with a Federal, State, interstate, or local water pollution 
     regulatory program.
       ``(5) Exemptions.--
       ``(A) General authority of president.--The President may 
     exempt any effluent source of any department, agency, or 
     instrumentality in the executive branch from compliance with 
     any requirement to which paragraph (1) applies if the 
     President determines it to be in the paramount interest of 
     the United States to do so; except that no exemption may be 
     granted from the requirements of section 306 or 307 of this 
     Act.
       ``(B) Limitation.--No exemptions shall be granted under 
     subparagraph (A) due to lack of appropriation unless the 
     President shall have specifically requested such 
     appropriation as a part of the budgetary process and the 
     Congress shall have failed to make available such requested 
     appropriation.
       ``(C) Time period.--Any exemption under subparagraph (A) 
     shall be for a period not in excess of 1 year, but additional 
     exemptions may be granted for periods of not to exceed 1 year 
     upon the President's making a new determination.
       ``(D) Military property.--In addition to any exemption of a 
     particular effluent source, the President may, if the 
     President determines it to be in the paramount interest of 
     the United States to do so, issue regulations exempting from 
     compliance with the requirements of this section any 
     weaponry, equipment, aircraft, vessels, vehicles, or other 
     classes or categories of property, and access to such 
     property, which are owned or operated by the Armed Forces of
      the United States (including the Coast Guard) or by the 
     National Guard of any State and which are uniquely 
     military in nature. The President shall reconsider the 
     need for such regulations at 3-year intervals.
       ``(E) Reports.--The President shall report each January to 
     the Congress all exemptions from the requirements of this 
     section granted during the preceding calendar year, together 
     with the President's reason for granting such exemption.
       ``(6) Venue.--Nothing in this section shall be construed to 
     prevent any department, agency, or instrumentality of the 
     Federal Government, or any officer, agent, or employee 
     thereof in the performance of official duties, from removing 
     to the appropriate Federal district court any proceeding to 
     which the department, agency, or instrumentality or officer, 
     agent, or employee thereof is subject pursuant to this 
     section, and any such proceeding may be removed in accordance 
     with chapter 89 of title 28, United States Code.
       ``(7) Personal liability of federal employees.--No agent, 
     employee, or officer of the United States shall be personally 
     liable for any civil penalty under any Federal, State, 
     interstate, or local water pollution law with respect to any 
     act or omission within the scope of the official duties of 
     the agent, employee, or officer.
       ``(8) Criminal sanctions.--An agent, employee, or officer 
     of the United States shall be subject to any criminal 
     sanction (including any fine or imprisonment) under any 
     Federal or State water pollution law, but no department, 
     agency, or instrumentality of the executive, legislative, or 
     judicial branch of the Federal Government shall be subject to 
     any such sanction.''.
       (b) Funds Collected by a State.--Section 313 (33 U.S.C. 
     1323) is further amended by adding at the end the following:
       ``(c) Limitation on State Use of Funds.--Unless a State law 
     in effect on the date of the enactment of this subsection or 
     a State constitution requires the funds to be used in a 
     different manner, all funds collected by a State from the 
     Federal Government in penalties and fines imposed for the 
     violation of a substantive or procedural requirement referred 
     to in subsection (a) shall be used by a State only for 
     projects designed to improve or protect the environment or to 
     defray the costs of environmental protection or 
     enforcement.''.
       (c) Enforcement.--Section 313 is further amended by adding 
     at the end the following:
       ``(d) Federal Facility Enforcement.--
       ``(1) Administrative enforcement by epa.--The Administrator 
     may commence an administrative enforcement action against any 
     department, agency, or instrumentality of the executive, 
     legislative, or judicial branch of the Federal Government 
     pursuant to the enforcement authorities contained in this 
     Act.
       ``(2) Procedure.--The Administrator shall initiate an 
     administrative enforcement action against a department, 
     agency, or instrumentality under this subsection in the same 
     manner and under the same circumstances as an action would be 
     initiated against any other person under this Act. The amount 
     of any administrative penalty imposed under this subsection 
     shall be determined in accordance with section 309(d) of this 
     Act.
       ``(3) Voluntary settlement.--Any voluntary resolution or 
     settlement of an action under this subsection shall be set 
     forth in an administrative consent order.
       ``(4) Conferral with epa.--No administrative order issued 
     to a department, agency, or instrumentality under this 
     section shall become final until such department, agency, or 
     instrumentality has had the opportunity to confer with the 
     Administrator.''.
       (d) Limitation on Actions and Right of Intervention.--
     Section 313 is further amended by adding at the end the 
     following:
       ``(e) Limitation on Actions and Right of Intervention.--Any 
     violation with respect to which the Administrator has 
     commenced and is diligently prosecuting an action under this 
     subsection, or for which the Administrator has issued a final 
     order and the violator has either paid a penalty or fine 
     assessed under this subsection or is subject to an 
     enforceable schedule of corrective actions, shall not be the 
     subject of an action under section 505 of this Act. In any 
     action under this subsection, any citizen may intervene as a 
     matter of right.''.
       (e) Definition of Person.--Section 502(5) (33 U.S.C. 
     1362(5)) is amended by inserting before the period at the end 
     the following: ``and includes any department, agency, or 
     instrumentality of the United States''.
       (f) Definition of Radioactive Materials.--Section 502 (33 
     U.S.C. 1362) is amended by adding at the end the following:
       ``(24) The term `radioactive materials' includes source 
     materials, special nuclear materials, and byproduct materials 
     (as such terms are defined under the Atomic Energy Act of 
     1954) which are used, produced, or managed at facilities not 
     licensed by the Nuclear Regulatory Commission; except that 
     such term does not include any material which is discharged 
     from a vessel or other facility covered by Executive Order 
     12344 (42 U.S.C. 7158 note; relating to the Naval Nuclear 
     Propulsion Program).''.
       (g) Conforming Amendments.--Section 313(b) (33 U.S.C. 
     1323(b)) is amended--
       (1) by striking ``(b)(1)'' and inserting the following:
       ``(b) Wastewater Facilities.--
       ``(1) Cooperation for use of wastewater control systems.--
     '';
       (2) in paragraph (2) by inserting ``Limitation on 
     construction.--'' before ``Construction''; and
       (3) by moving paragraphs (1) and (2) 2 ems to the right.
       (h) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall only apply to violations occurring after such date 
     of enactment.

     SEC. 304. NATIONAL ESTUARY PROGRAM.

       (a) Findings.--The Congress finds the following:
       (1) The Nation's estuaries are a vital natural resource to 
     which many regional economies are closely tied.
       (2) Many of the Nation's estuaries are under a severe 
     threat from point source pollution and polluted run-off 
     (nonpoint source pollution) and from habitat alteration and 
     destruction.
       (3) Only through expanded investments in waste water 
     treatment and other water and sediment pollution control and 
     prevention efforts can the environmental and economic values 
     of the Nation's estuaries be restored and protected.
       (4) The National Estuary Program created under the Federal 
     Water Pollution Control Act has significantly advanced the 
     Nation's understanding of the declining condition of the 
     Nation's estuaries.
       (5) The National Estuary Program has also provided precise 
     information about the corrective and preventative measures 
     required to reverse the degradation of water and sediment 
     quality and to halt the alteration and destruction of vital 
     habitat in the Nation's estuaries.
       (6) The level of funding available to States, 
     municipalities, and the Environmental Protection Agency for 
     implementation of approved conservation and management plans 
     is inadequate, and additional financial resources must be 
     provided.
       (7) Funding for implementation of approved conservation and 
     management plans should be provided under the State revolving 
     loan fund program authorized by title VI of the Federal Water 
     Pollution Control Act.
       (8) Authorization levels for State revolving loan fund 
     capitalization grants should be increased by an amount 
     necessary to ensure 
     [[Page H4660]] the achievement of the goals of the Federal 
     Water Pollution Control Act.
       (b) Technical Amendment.--Section 320(a)(2)(B) (33 U.S.C. 
     1330(a)(2)(B)) is amended to read as follows:
       ``(B) Priority consideration.--The Administrator shall give 
     priority consideration under this section to Long Island 
     Sound, New York and Connecticut; Narragansett Bay, Rhode 
     Island; Buzzards Bay, Massachusetts; Massachusetts Bay, 
     Massachusetts (including Cape Cod Bay and Boston Harbor); 
     Puget Sound, Washington; New York-New Jersey Harbor, New York 
     and New Jersey; Delaware Bay, Delaware and New Jersey; 
     Delaware Inland Bays, Delaware; Albemarle Sound, North 
     Carolina; Sarasota Bay, Florida; San Francisco Bay, 
     California; Santa Monica Bay, California; Galveston Bay, 
     Texas; Barataria-Terrebonne Bay estuary complex, Louisiana; 
     Indian River Lagoon, Florida; Charlotte Harbor, Florida; 
     Barnegat Bay, New Jersey; and Peconic Bay, New York.''.
       (c) Grants.--Section 320(g)(2) (33 U.S.C. 1330(g)(2)) is 
     amended by inserting ``and implementation monitoring'' after 
     ``development''.
       (d) Authorization of Appropriations.--Section 320(i) (33 
     U.S.C. 1330(i)) is amended by striking ``1987'' and all that 
     follows through ``1991'' and inserting the following: ``1987 
     through 1991, such sums as may be necessary for fiscal years 
     1992 through 1995, and $19,000,000 per fiscal year for each 
     of fiscal years 1996 through 2000''.

     SEC. 305. NONPOINT SOURCE MANAGEMENT PROGRAMS.

       (a) Review and Revision.--Section 319(b) (33 U.S.C. 
     1329(b)) is amended by adding at the end the following:
       ``(5) Review and revision.--Not later than 18 months after 
     the date of the enactment of this paragraph, the State shall 
     review and revise the report required by this subsection and 
     submit such revised report to the Administrator for 
     approval.''.
       (b) Approval or Disapproval of Management Programs.--
     Section 319(d)(1) (33 U.S.C. 1329(d)(1)) is amended by 
     inserting ``or revised management program'' after 
     ``management program'' each place it appears.
       (c) Grants for Protecting Ground Water Quality.--Section 
     319(i)(3) (33 U.S.C. 1329(i)(3)) is amended by striking 
     ``$150,000'' and inserting ``$500,000''.
       (d) Authorization of Appropriations.--Section 319(j) (33 
     U.S.C. 1329(j)) is amended--
       (1) by striking ``and'' before ``$130,000,000'';
       (2) by inserting after ``1991'' the following: ``, such 
     sums as may be necessary for fiscal years 1992 through 1995, 
     $100,000,000 for fiscal year 1996, $150,000,000 for fiscal 
     year 1997, $200,000,000 for fiscal year 1998, $250,000,000 
     for fiscal year 1999, and $300,000,000 for fiscal year 
     2000''; and
       (3) by striking ``$7,500,000'' and inserting 
     ``$25,000,000''.
       (e) Agricultural Inputs.--Section 319 (33 U.S.C. 1329) is 
     amended by adding at the end the following:
       ``(o) Agricultural Inputs.--For the purposes of this Act, 
     any land application of livestock manure shall not be 
     considered a point source and shall be subject to enforcement 
     only under this section.''.
     SEC. 306. COASTAL ZONE MANAGEMENT.

       Section 6217 of the Coastal Zone Act Reauthorization 
     Amendments of 1990 (16 U.S.C. 1451 note) is amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``(A)'' after ``Program development.--''; 
     and
       (B) by adding at the end the following:
       ``(B) A State that has not received Federal approval for 
     the State's core coastal management program pursuant to 
     section 306 of the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1455) shall have 30 months from the date of approval 
     of such program to submit a Coastal Nonpoint Pollution 
     Program pursuant to this section. Any such State shall also 
     be eligible for any extension of time for submittal of the 
     State's nonpoint program that may be received by a State with 
     a federally approved coastal management program.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``to protect coastal waters generally'' and 
     inserting ``to restore and protect coastal waters where the 
     State has determined that coastal waters are threatened or 
     significantly degraded'';
       (3) in subsection (b)(3)--
       (A) by striking ``The implementation'' and inserting ``A 
     schedule for the implementation''; and
       (B) by inserting ``, and no less often than once every 5 
     years,'' after ``from time to time'';
       (4) in subsection (b) by adding at the end the following:
       ``(7) Identification of priority areas.--A prioritization 
     of the areas in the State in which management measures will 
     be implemented.'';
       (5) in subsection (c) by adding at the end the following:
       ``(5) Conditional approval.--The Secretary and 
     Administrator may grant conditional approval to a State's 
     program where the State requests additional time to complete 
     the development of its program. During the period during 
     which the State's program is subject to conditional approval, 
     the penalty provisions of paragraphs (3) and (4) shall not 
     apply.'';
       (6) in subsection (h)(1) by striking ``, 1993, and 1994'' 
     and inserting ``through 2000''; and
       (7) in subsection (h)(2)(B)(iv) by striking ``fiscal year 
     1995'' and inserting ``each of fiscal years 1995 through 
     2000''.
     SEC. 307. COMPREHENSIVE WATERSHED MANAGEMENT.

       (a) In General.--Title III (33 U.S.C. 1300-1330) is amended 
     by adding at the end the following:

     ``SEC. 321. COMPREHENSIVE WATERSHED MANAGEMENT.

       ``(a) Findings, Purpose, and Definitions.--
       ``(1) Findings.--Congress finds that comprehensive 
     watershed management will further the goals and objectives of 
     this Act by--
       ``(A) identifying more fully water quality impairments and 
     the pollutants, sources, and activities causing the 
     impairments;
       ``(B) integrating water protection quality efforts under 
     this Act with other natural resource protection efforts, 
     including Federal efforts to define and protect ecological 
     systems (including the waters and the living resources 
     supported by the waters);
       ``(C) defining long-term social, economic, and natural 
     resource objectives and the water quality necessary to attain 
     or maintain the objectives;
       ``(D) increasing, through citizen participation in the 
     watershed management process, public support for improved 
     water quality;
       ``(E) identifying priority water quality problems that need 
     immediate attention; and
       ``(F) identifying the most cost-effective measures to 
     achieve the objectives of this Act.
       ``(2) Purpose.--The purpose of this section is to encourage 
     comprehensive watershed management in maintaining and 
     enhancing water quality, in restoring and protecting living 
     resources supported by the waters, and in ensuring waters of 
     a quality sufficient to meet human needs, including water 
     supply and recreation.
       ``(3) Definitions.--In this section, the following 
     definitions apply:
       ``(A) Ecosystem.--The term `ecosystem' means the community 
     of plants and animals (including humans) and the environment 
     (including surface water, the ground water with which it 
     interacts, and riparian areas) upon which that community 
     depends.
       ``(B) Environmental objectives.--The term `environmental 
     objectives' means the goals specified by States or State-
     designated watershed management entities to protect, restore, 
     and maintain water resources and aquatic ecosystems within a 
     watershed, including applicable water quality standards and 
     wetlands protection goals established under the Act.
       ``(C) State.--The term `State' includes Indian tribes 
     eligible under section 518(e).
       ``(b) State Watershed Program.--
       ``(1) Submittal.--A State, at any time, may submit to the 
     Administrator for approval a watershed management program for 
     the State.
       ``(2) Approval.--The Administrator shall approve a State 
     watershed program submitted under paragraph (1) if the 
     program, at a minimum, contains the following elements:
       ``(A) An identification of the State agency generally 
     responsible for overseeing and approving watershed management 
     plans and a designation of watershed management entities and 
     lead responsibilities for such entities. Such entities may 
     include other State agencies and sub-State agencies.
       ``(B) A description of the scope of the program. In 
     determining the scope of the program, the State may choose to 
     address all watersheds within the State over a period of time 
     or to concentrate efforts on selected watersheds. Within each 
     watershed, the issues to be addressed should be based on a 
     comprehensive analysis of the problems within the watershed. 
     The scope
      of the program may expand over a period of time both in 
     terms of the number of watersheds and the issues addressed 
     by the program.
       ``(C) An identification of watershed management units for 
     which watershed management plans will be developed. In 
     selecting such units, the State shall consider those waters 
     in the State that are water quality threatened or impaired or 
     are otherwise in need of special protection. To the extent 
     practicable, the boundaries of each watershed management unit 
     shall be consistent with United States Geological Service 
     hydrological units.
       ``(D) A description of activities required of watershed 
     management entities (as specified under subsection (f)(1)) 
     and a description of the State's approval process for 
     watershed management plans.
       ``(E) A specification of an effective public participation 
     process, including procedures to encourage the public to 
     participate in developing and implementing watershed 
     management plans.
       ``(F) An identification of the statewide environmental 
     objectives that will be pursued in each watershed. Such 
     objectives, at a minimum, shall include State water quality 
     standards and goals under this Act, and, as appropriate, 
     other objectives such as habitat restoration and biological 
     diversity.
       ``(2) Deadline.--The Administrator, after consultation with 
     other Federal agencies, shall approve or disapprove a State 
     watershed program submitted under paragraph (1) on or before 
     the 180th day following the date of the submittal. If a State 
     watershed program is disapproved, the State may modify and 
     resubmit its program under paragraph (1).
       ``(3) Annual report.--A State with an approved watershed 
     program under this subsection shall provide to the 
     Administrator an annual report summarizing the status of 
     [[Page H4661]] the program, including a description of any 
     modifications to the program. An annual report submitted 
     under this section may be used by the State to satisfy 
     reporting requirements under sections 106, 314, 319, and 320.
       ``(4) Effective period of approvals.--An approval of a 
     State watershed program under paragraph (2) shall remain in 
     effect for a 5-year period beginning on the date of the 
     approval and may be renewed by the Administrator.
       ``(5) Withdrawal of approval.--Whenever the Administrator 
     determines after public hearing that a State is not 
     administering a watershed program approved under paragraph 
     (2) in accordance with requirements of this section, he shall 
     so notify the State and, if appropriate corrective action is 
     not taken within a reasonable time, not to exceed 90 days, 
     the Administrator shall withdraw approval of such program. 
     The Administrator shall not withdraw approval of any such 
     program unless he shall first have notified the State, and 
     made public, in writing, the reasons for such withdrawal.
       ``(c) Designation of Additional Watershed Management Units 
     and Entities.--A State with an approved watershed program 
     under this section may modify such program at any time in 
     order to designate additional watershed management units and 
     entities, including lead responsibilities, for the purpose of 
     developing and implementing watershed management plans.
       ``(d) Eligible Watershed Management and Planning 
     Activities.--The following watershed management activities 
     are eligible to receive assistance from
      the Administrator under sections 205(j), 319(h), and 604(b):
       ``(1) Characterizing waters and land uses.
       ``(2) Identifying problems within a watershed.
       ``(3) Selecting short-term and long-term goals for 
     watershed management.
       ``(4) Developing and implementing measures and practices to 
     meet identified goals.
       ``(5) Identifying and coordinating projects and activities 
     necessary to restore and maintain water quality or meet other 
     environmental objectives within the watershed.
       ``(6) Identifying the appropriate institutional 
     arrangements to carry out an approved watershed management 
     plan.
       ``(7) Updating an approved watershed management plan.
       ``(8) Any other activities deemed appropriate by the 
     Administrator.
       ``(e) Support for Watershed Management and Planning.--
       ``(1) Interagency committee.--There is established an 
     interagency committee to support comprehensive watershed 
     management and planning. The President shall appoint the 
     members of the committee. The members shall include a 
     representative from each Federal agency that carries out 
     programs and activities that may have a significant impact on 
     water quality or other natural resource values that may be 
     appropriately addressed through comprehensive watershed 
     management.
       ``(2) Use of other funds under this act.--The planning and 
     implementation activities carried out by a management entity 
     pursuant to this section may be carried out with funds made 
     available through the State pursuant to sections 205(j), 
     319(h), and 604(b).
       ``(f) Approved Plans.--
       ``(1) Minimum requirements.--A State with an approved 
     watershed program may approve a watershed management plan 
     when such plan satisfies the following conditions:
       ``(A) If the watershed includes waters that are not meeting 
     applicable water quality standards under this Act at the time 
     of submission, the plan--
       ``(i) identifies the environmental objectives of the plan 
     including, at a minimum, State water quality standards and 
     goals under this Act, and any other environmental objectives 
     the planning entity deems appropriate;
       ``(ii) identifies the stressors, pollutants, and sources 
     causing the impairment;
       ``(iii) identifies actions necessary to achieve the 
     environmental objectives of the plan, including source 
     reduction of pollutants to achieve any allocated load 
     reductions consistent with the requirements of section 303(d) 
     and the priority for implementing such actions;
       ``(iv) contains an implementation plan, with schedules, 
     milestones, projected completion dates, and the 
     identification of those persons responsible for implementing 
     the actions, demonstrating that water quality standards will 
     be attained as expeditiously as practicable, but not later 
     than deadlines in applicable sections of this Act and all 
     other environmental objectives identified in the watershed 
     management plan will be attained as expeditiously as 
     practicable;
       ``(v) contains an effective public participation process in 
     the development and implementation of the plan;
       ``(vi) specifies a process to monitor and evaluate progress 
     toward meeting environmental objectives; and
       ``(vii) specifies a process to revise the plan as needed.
       ``(B) For those waters in the watershed attaining water 
     quality standards at the time of submission (including 
     threatened waters), the plan identifies those projects and 
     activities necessary to maintain water quality standards and 
     attain or maintain other environmental objectives in the 
     future.
       ``(2) Terms of plan and plan approval.--Each plan submitted 
     and approved under this subsection shall extend for a period 
     of not less than 5 years and include a planning and 
     implementation schedule with milestones and completion dates 
     within that period. The approval by the State of a plan shall 
     apply for a period not exceed 5 years. A revised and updated 
     plan may be submitted prior to the expiration of the period 
     specified in the preceding sentence for approval pursuant to 
     the same conditions and requirements that apply to an initial 
     plan for a watershed that is approved pursuant to this 
     subsection.
       ``(g) Incentives for Watershed Management.--
       ``(1) Point source permits.--
       ``(A) In general.--Notwithstanding section 301(b)(1)(C), a 
     permit may be issued under section 402 with a limitation that 
     does not meet water quality standards, if--
       ``(i) the receiving water is in a watershed with an 
     approved watershed plan;
       ``(ii) the plan includes enforceable requirements under 
     State or local law for nonpoint source pollutant load 
     reductions that in combination with point source requirements 
     will meet water quality standards prior to the expiration of 
     plan; and
       ``(iii) the point source does not have a history of 
     significant noncompliance with its permit effluent 
     limitations, as determined by the Administrator or the State 
     (in the case with an approved permit under section 402).
       ``(B) Synchronized permit terms.--Notwithstanding section 
     402(b)(1)(B), the term of a permit issued under section 402 
     may be extended by 5 years if the discharge is located in a 
     watershed planning area for which a watershed management plan 
     is to be developed.
       ``(C) 10-year permit terms.--Notwithstanding section 
     402(b)(1)(B), the term of a permit issued under section 402 
     may be extended to 10 years for any point source located in a 
     watershed management unit for which a watershed management 
     plan has been approved if the plan provides for the 
     attainment and maintenance of water quality standards 
     (including designated uses) in the affected waters and unless 
     receiving waters are not meeting water quality standards due 
     to the point source discharge. Such permits may be revised at 
     any time if necessary to meet water quality standards.
       ``(2) Nonpoint source controls.--Not later than 30 months 
     after the date of the enactment of this section, a State with 
     an approved watershed program under this section may make a 
     showing to the Administrator that nonpoint source management
      practices different from those established in national 
     guidance issued by the Administrator under section 319 
     will attain water quality standards as expeditiously as 
     practicable and not later than the deadlines established 
     by this Act. If the Administrator is satisfied with such 
     showing, then the Administrator may approve the State's 
     nonpoint source management program that relies on such 
     practices as meeting the requirements of section 319. 
     Alternative watershed nonpoint source control practices 
     must be identified in the watershed management plan 
     adopted under subsection (f)(2) of this section.
        ``(3) Funding.--The Administrator may provide assistance 
     to a State with an approved watershed management program 
     under this section in the form of a multipurpose grant that 
     would provide for single application, workplan and review, 
     matching, oversight, and end-of-year closeout requirements 
     for grant funding under sections 104(b)(3), 104(g), 106, 
     314(b), 319, 320, and 604(b). A State with an approved 
     multipurpose grant may focus activities funded under such 
     sections on a priority basis consistent with State-approved 
     watershed management plans.
       ``(h) Guidance.--Not later than 12 months after the date of 
     the enactment of this section, and after consultation with 
     other appropriate agencies, the Administrator shall issue 
     guidance on recommended provisions to be included in State 
     watershed programs and State-approved watershed management 
     plans.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator for providing grants 
     to States to assist such States in carrying out activities 
     under this section $25,000,000 per fiscal year for each of 
     fiscal years 1996 through 2000.''.
       (b) Conforming Amendment.--Section 401(a)(1) (33 U.S.C. 
     1341(a)(1)) is amended by inserting ``and with the provisions 
     of a management plan approved by a State under section 321 of 
     this Act'' before the period at the end of the first 
     sentence.

     SEC. 308. REVISION OF EFFLUENT LIMITATIONS.

       (a) Elimination of Requirement for Annual Revision.--
     Section 304(b) (33 U.S.C. 1314(b)) is amended in the matter 
     preceding paragraph (1) by striking ``and, at least annually 
     thereafter,'' and inserting ``and thereafter shall''.
       (b) Special Rule.--Section 304(b) (33 U.S.C. 1314(b)) is 
     amended by striking the period at the end of the first 
     sentence and inserting the following: ``; except that 
     guidelines issued under paragraph (1)(A) addressing 
     pollutants identified pursuant to subsection (a)(4) shall not 
     be revised after February 15, 1995, to be more stringent 
     unless such revised guidelines meet the requirements of 
     paragraph (4)(A).''.
                     TITLE IV--PERMITS AND LICENSES

     SEC. 401. WASTE TREATMENT SYSTEMS FOR CONCENTRATED ANIMAL 
                   FEEDING OPERATIONS.

       Section 402(a) is amended by adding at the end the 
     following:
       ``(6) Concentrated animal feeding operations.--For purposes 
     of this section, waste 
     [[Page H4662]] treatment systems, including retention ponds 
     or lagoons, used to meet the requirements of this Act for 
     concentrated animal feeding operations, are not waters of the 
     United States. An existing concentrated animal feeding 
     operation that uses a natural topographic impoundment or 
     structure on the effective date of this Act, which is not 
     hydrologically connected to any other waters of the United 
     States, as a waste treatment system or wastewater retention 
     facility may continue to use that natural topographic feature 
     for waste storage regardless of its size, capacity, or 
     previous use.''.
     SEC. 402. MUNICIPAL AND INDUSTRIAL STORMWATER DISCHARGES.

       (a) Deadlines.--Section 402(p) (33 U.S.C. 1343(p)) is 
     amended--
       (1) in paragraph (1) by striking ``1994'' and inserting 
     ``2005''; and
       (2) in paragraph (6) by striking ``1993'' and inserting 
     ``2005''.
       (b) Prohibition on Numeric Effluent Limitations for 
     Municipal Discharges.--Section 402(p)(3) is amended by adding 
     at the end the following:
       ``(C) Prohibition on numeric effluent limitations for 
     municipal discharges.--Permits for municipal separate storm 
     sewers shall not include numeric effluent limitations.''.

     SEC. 403. INTAKE CREDITS.

       Section 402 (33 U.S.C. 1342) is amended by adding at the 
     end the following:
       ``(q) Intake Credits.--
       ``(1) In general.--Notwithstanding any provision of this 
     Act, in any effluent limitation or other limitation imposed 
     under the permit program established by the Administrator 
     under this section, any State permit program approved under 
     this section (including any program for implementation under 
     section 118(c)(2)), any standards established under section 
     307(a), or any program for industrial users established under 
     section 307(b), the Administrator, as applicable, shall or 
     the State, as applicable, may provide credits for pollutants 
     present in or caused by intake water such that an owner or 
     operator of a point source is not required to remove, reduce, 
     or treat the amount of any pollutant in an effluent below the 
     amount of such pollutant that is present in or caused by the 
     intake water for such facility--
       ``(A)(i) if the source of the intake water and the 
     receiving waters into which the effluent is ultimately 
     discharged are the same;
       ``(ii) if the source of the intake water meets the maximum 
     contaminant levels or treatment techniques for drinking water 
     contaminants established pursuant to the Safe Drinking Water 
     Act for the pollutant of concern; or
       ``(iii) if, at the time the limitation or standard is 
     established, the level of the pollutant in the intake water 
     is the same as or lower than the amount of the pollutant in 
     the receiving waters, taking into account analytical 
     variability; and
       ``(B) if, for conventional pollutants, the constituents of 
     the conventional pollutants in the intake water are the same 
     as the constituents of the conventional pollutants in the 
     effluent.
       ``(2) Allowance for incidental amounts.--In determining 
     whether the condition set forth in paragraph (1)(A)(i) is 
     being met, the Administrator shall or the State may, as 
     appropriate, make allowance for incidental amounts of intake 
     water from sources other than the receiving waters.
       ``(3) Credit for nonqualifying pollutants.--The 
     Administrator shall or a State may provide point sources an 
     appropriate credit for pollutants found in intake water that 
     does not meet the requirement of paragraph (1).
       ``(4) Monitoring.--Nothing in this section precludes the 
     Administrator or a State from requiring monitoring of intake 
     water, effluent, or receiving waters to assist in the 
     implementation of this section.''.
     SEC. 404. COMBINED SEWER OVERFLOWS.

       Section 402 (33 U.S.C. 1342) is amended by adding at the 
     end the following:
       ``(r) Combined Sewer Overflows.--
       ``(1) Requirement for permits.--Each permit issued pursuant 
     to this section for a discharge from a combined storm and 
     sanitary sewer shall conform with the combined sewer overflow 
     control policy signed by the Administrator on April 11, 1994.
       ``(2) Term of permit.--
       ``(A) Compliance deadline.--Notwithstanding any compliance 
     schedule under section 301(b), or any permit limitation under 
     section 402(b)(1)(B), the Administrator (or a State with a 
     program approved under subsection (b)) may issue a permit 
     pursuant to this section for a discharge from a combined 
     storm and sanitary sewer, that includes a schedule for 
     compliance with a long-term control plan under the control 
     policy referred to in paragraph (1), for a term not to exceed 
     15 years.
       ``(B) Extension.--Notwithstanding the compliance deadline 
     specified in subparagraph (A), the Administrator or a State 
     with a program approved under subsection (b) shall extend, on 
     request of an owner or operator of a combined storm and 
     sanitary sewer and subject to subparagraph (C), the period of 
     compliance beyond the last day of the 15-year period--
       ``(i) if the Administrator or the State determines that 
     compliance by such last day is not within the economic 
     capability of the owner or operator; and
       ``(ii) if the owner or operator demonstrates to the 
     satisfaction of the Administrator or the State reasonable 
     further progress towards compliance with a long-term control 
     plan under the control policy referred to in paragraph (1).
       ``(C) Limitations on extensions.--
       ``(i) Extension not appropriate.--Notwithstanding 
     subparagraph (B), the Administrator or the State need not 
     grant an extension of the compliance deadline specified in 
     subparagraph (A) if the Administrator or the State determines 
     that such an extension is not appropriate.
       ``(ii) New York-New Jersey.--Prior to granting an extension 
     under subparagraph (B) with respect to a combined sewer 
     overflow discharge originating in the State of New York or 
     New Jersey and affecting the other of such States, the 
     Administrator or the State from which the discharge 
     originates, as the case may be, shall provide written notice 
     of the proposed extension to the other State and shall not 
     grant the extension unless the other State approves the 
     extension or does not disapprove the extension within 90 days 
     of receiving such written notice.
       ``(3) Savings clause.--Any consent decree or court order 
     entered by a United States district court, or administrative 
     order issued by the Administrator, before the date of the 
     enactment of this subsection establishing any deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables, for the evaluation, design, or 
     construction of treatment works for control or elimination of 
     any discharge from a municipal combined storm and sanitary 
     sewer system shall be modified upon motion or request by any 
     party to such consent decree or court order, to extend to 
     December 31, 2009, at a minimum, any such deadlines, 
     schedules, or timetables, including any interim deadlines, 
     schedules, or timetables as is necessary to conform to the 
     policy referred to in paragraph (1) or otherwise
      achieve the objectives of this subsection. Notwithstanding 
     the preceding sentence, the period of compliance with 
     respect to a discharge referred to in paragraph (2)(C)(ii) 
     may only be extended in accordance with paragraph 
     (2)(C)(ii).''.

     SEC. 405. ABANDONED MINES.

       Section 402 (33 U.S.C. 1342) is further amended by 
     inserting after subsection (o) the following:
       ``(p) Permits for Remediating Party on Abandoned or 
     Inactive Mined Lands.--
       ``(1) Applicability.--Subject to this subsection, including 
     the requirements of paragraph (3), the Administrator, with 
     the concurrence of the concerned State or Indian tribe, may 
     issue a permit to a remediating party under this section for 
     discharges associated with remediation activity at abandoned 
     or inactive mined lands which modifies any otherwise 
     applicable requirement of sections 301(b), 302, and 403, or 
     any subsection of this section (other than this subsection).
       ``(2) Application for a permit.--A remediating party who 
     desires to conduct remediation activities on abandoned or 
     inactive mined lands from which there is or may be a 
     discharge of pollutants to waters of the United States or 
     from which there could be a significant addition of 
     pollutants from nonpoint sources may submit an application to 
     the Administrator. The application shall consist of a 
     remediation plan and any other information requested by the 
     Administrator to clarify the plan and activities.
       ``(3) Remediation Plan.--The remediation plan shall include 
     (as appropriate and applicable) the following:
       ``(A) Identification of the remediating party, including 
     any persons cooperating with the concerned State or Indian 
     tribe with respect to the plan, and a certification that the 
     applicant is a remediating party under this section.
       ``(B) Identification of the abandoned or inactive mined 
     lands addressed by the plan.
       ``(C) Identification of the waters of the United States 
     impacted by the abandoned or inactive mined lands.
       ``(D) A description of the physical conditions at the 
     abandoned or inactive mined lands that are causing adverse 
     water quality impacts.
       ``(E) A description of practices, including system design 
     and construction plans and operation and maintenance plans, 
     proposed to reduce, control, mitigate, or eliminate the 
     adverse water quality impacts and a schedule for implementing 
     such practices and, if it is an existing remediation project, 
     a description of practices proposed to improve the project, 
     if any.
       ``(F) An analysis demonstrating that the identified 
     practices are expected to result in a water quality 
     improvement for the identified waters.
       ``(G) A description of monitoring or other assessment to be 
     undertaken to evaluate the success of the practices during 
     and after implementation, including an assessment of baseline 
     conditions.
       ``(H) A schedule for periodic reporting on progress in 
     implementation of major elements of the plan.
       ``(I) A budget and identified funding to support the 
     activities described in the plan.
       ``(J) Remediation goals and objectives.
       ``(K) Contingency plans.
       ``(L) A description of the applicant's legal right to enter 
     and conduct activities.
       ``(M) The signature of the applicant.
       ``(N) Identification of the pollutant or pollutants to be 
     addressed by the plan.
       ``(4) Permits.--
       ``(A) Contents.--Permits issued by the Administrator 
     pursuant to this subsection shall--
     [[Page H4663]]   ``(i) provide for compliance with and 
     implementation of a remediation plan which, following 
     issuance of the permit, may be modified by the applicant 
     after providing notification to and opportunity for review by 
     the Administrator;
       ``(ii) require that any modification of the plan be 
     reflected in a modified permit;
       ``(iii) require that if, at any time after notice to the 
     remediating party and opportunity for comment by the 
     remediating party, the Administrator determines that the 
     remediating party is not implementing the approved 
     remediation plan in substantial compliance with its terms, 
     the Administrator shall notify the remediating party of the 
     determination together with a list specifying the concerns of 
     the Administrator;
       ``(iv) provide that, if the identified concerns are not 
     resolved or a compliance plan approved within 180 days of the 
     date of the notification, the Administrator may take action 
     under section 309 of this Act;
       ``(v) provide that clauses (iii) and (iv) not apply in the 
     case of any action under section 309 to address violations 
     involving gross negligence (including reckless, willful, or 
     wanton misconduct) or intentional misconduct by the 
     remediating party or any other person;
       ``(vi) not require compliance with any limitation issued 
     under sections 301(b), 302, and 403 or any requirement 
     established by the Administrator under any subsection of this 
     section (other than this subsection); and
       ``(vii) provide for termination of coverage under the 
     permit without the remediating party being subject to 
     enforcement under sections 309 and 505 of this Act for any 
     remaining discharges--

       ``(I) after implementation of the remediation plan;
       ``(II) if a party obtains a permit to mine the site; or
       ``(III) upon a demonstration by the remediating party that 
     the surface water quality conditions due to remediation 
     activities at the site, taken as a whole, are equal to or 
     superior to the surface water qualities that existed prior to 
     initiation of remediation.

       ``(B) Limitations.--The Administrator shall only issue a 
     permit under this section, consistent with the provisions of 
     this subsection, to a remediating party for discharges 
     associated with remediation action at abandoned or inactive 
     mined lands if the remediation plan demonstrates with 
     reasonable certainty that the actions will result in an 
     improvement in water quality.
       ``(C) Public participation.--The Administrator may only 
     issue a permit or modify a permit under this section after 
     complying with subsection (b)(3).
       ``(D) Effect of failure to comply with permit.--Failure to 
     comply with terms of a permit issued pursuant to this 
     subsection
      shall not be deemed to be a violation of an effluent 
     standard or limitation issued under this Act.
       ``(E) Limitations on statutory construction.--This 
     subsection shall not be construed--
       ``(i) to limit or otherwise affect the Administrator's 
     powers under section 504; or
       ``(ii) to preclude actions pursuant to section 309 or 505 
     for any violations of sections 301(a), 302, 402, and 403 that 
     may have existed for the abandoned or inactive mined land 
     prior to initiation of remediation covered by a permit issued 
     under this subsection, unless such permit covers remediation 
     activities implemented by the permit holder prior to issuance 
     of the permit.
       ``(5) Definitions.--In this subsection the following 
     definitions apply:
       ``(A) Remediating party.--The term `remediating party' 
     means--
       ``(i) the United States (on non-Federal lands), a State or 
     its political subdivisions, or an Indian tribe or officers, 
     employees, or contractors thereof; and
       ``(ii) any person acting in cooperation with a person 
     described in clause (i), including a government agency that 
     owns abandoned or inactive mined lands for the purpose of 
     conducting remediation of the mined lands or that is engaging 
     in remediation activities incidental to the ownership of the 
     lands.

     Such term does not include any person who, before or 
     following issuance of a permit under this section, directly 
     benefited from or participated in any mining operation 
     (including exploration) associated with the abandoned or 
     inactive mined lands.
       ``(B) Abandoned or inactive mined lands.--The term 
     `abandoned or inactive mined lands' means lands that were 
     formerly mined and are not actively mined or in temporary 
     shutdown at the time of submission of the remediation plan 
     and issuance of a permit under this section.
       ``(C) Mined lands.--The term `mined lands' means the 
     surface or subsurface of an area where mining operations, 
     including exploration, extraction, processing, and 
     beneficiation, have been conducted. Such term includes 
     private ways and roads appurtenant to such area, land 
     excavations, underground mine portals, adits, and surface 
     expressions associated with underground workings, such as 
     glory holes and subsidence features, mining waste, smelting 
     sites associated with other mined lands, and areas where 
     structures, facilities, equipment, machines, tools, or other 
     material or property which result from or have been used in 
     the mining operation are located.
       ``(6) Regulations.--The Administrator may issue regulations 
     establishing more specific requirements that the 
     Administrator determines would facilitate implementation of 
     this subsection. Before issuance of such regulations, the 
     Administrator may establish, on a case-by-case basis after 
     notice and opportunity for public comment as provided by 
     subsection (b)(3), more specific requirements that the 
     Administrator determines would facilitate implementation of 
     this subsection in an individual permit issued to the 
     remediating party.''.
     SEC. 406. BENEFICIAL USE OF BIOSOLIDS.

       (a) References.--Section 405(a) (33 U.S.C. 1345(a)) is 
     amended by inserting ``(also referred to as `biosolids')'' 
     after ``sewage sludge'' the first place it appears.
       (b) Approval of State Programs.--Section 405(f) (33 U.S.C. 
     1345(f)) is amended by adding at the end the following:
       ``(3) Approval of state programs.--Notwithstanding any 
     other provision of law, the Administrator shall approve for 
     purposes of this subsection State programs that meet the 
     standards for final use or disposal of sewage sludge 
     established by the Administrator pursuant to subsection 
     (d).''.
       (c) Studies and Projects.--Section 405(g) (33 U.S.C. 
     1345(g)) is amended--
       (1) in the first sentence of paragraph (1) by inserting 
     ``building materials,'' after ``agricultural and 
     horticultural uses,'';
       (2) in paragraph (1) by adding at the end the following: 
     ``Not later than January 1, 1997, and after providing notice 
     and opportunity for public comment, the Administrator shall 
     issue guidance on the beneficial use of sewage sludge.''; and
       (3) in paragraph (2) by striking ``September 30, 1986,'' 
     and inserting ``September 30, 1995,''.
                      TITLE V--GENERAL PROVISIONS
     SEC. 501. PUBLICLY OWNED TREATMENT WORKS DEFINED.

       Section 502 (33 U.S.C. 1362) is further amended by adding 
     at the end the following:
       ``(25) The term `publicly owned treatment works' means a 
     treatment works, as defined in section 212, located at other 
     than an industrial facility, which is designed and 
     constructed principally, as determined by the Administrator, 
     to treat domestic sewage or a mixture of domestic sewage and 
     industrial wastes of a liquid nature. In the case of such a 
     facility that is privately owned, such term includes only 
     those facilities that, with respect to such industrial 
     wastes, are carrying out a pretreatment program meeting all 
     the requirements established under section 307 and paragraphs 
     (8) and (9) of section 402(b) for pretreatment programs 
     (whether or not the treatment works would be required to 
     implement a pretreatment program pursuant to such 
     sections).''.

     SEC. 502. IMPLEMENTATION OF WATER POLLUTION LAWS WITH RESPECT 
                   TO VEGETABLE OIL.

       (a) Differentiation Among Fats, Oils, and Greases.--
       (1) In general.--In issuing or enforcing a regulation, an 
     interpretation, or a guideline relating to a fat, oil, or 
     grease under a Federal law related to water pollution 
     control, the head of a Federal agency shall--
       (A) differentiate between and establish separate classes 
     for--
       (i)(I) animal fats; and
       (II) vegetable oils; and
       (ii) other oils, including petroleum oil; and
       (B) apply different standards and reporting requirements 
     (including reporting requirements based on quantitative 
     amounts) to different classes of fat and oil as provided in 
     paragraph (2).
       (2) Considerations.--In differentiating between the classes 
     of animal fats and vegetable oils referred to in paragraph 
     (1)(A)(i) and the classes of oils described in paragraph 
     (1)(A)(ii), the head of the Federal agency shall consider 
     differences in physical, chemical, biological, and other 
     properties, and in the environmental effects, of the classes.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) Animal fat.--The term ``animal fat'' means each type of 
     animal fat, oil, or grease, including fat, oil, or grease 
     from fish or a marine mammal
      and any fat, oil, or grease referred to in section 61(a)(2) 
     of title 13, United States Code.
       (2) Vegetable oil.--The term ``vegetable oil'' means each 
     type of vegetable oil, including vegetable oil from a seed, 
     nut, or kernel and any vegetable oil referred to in section 
     61(a)(1) of title 13, United States Code.

     SEC. 503. NEEDS ESTIMATE.

       Section 516(b)(1) (33 U.S.C. 1375(b)(1)) is amended--
       (1) in the first sentence by striking ``biennially 
     revised'' and inserting ``quadrennially revised''; and
       (2) in the second sentence by striking ``February 10 of 
     each odd-numbered year'' and inserting ``December 31, 1997, 
     and December 31 of every 4th calendar year thereafter''.
     SEC. 504. FOOD PROCESSING AND FOOD SAFETY.

       Title V (33 U.S.C. 1361-1377) is amended by redesignating 
     section 519 as section 521 and by inserting after section 518 
     the following:

     ``SEC. 519. FOOD PROCESSING AND FOOD SAFETY.

       ``In developing any effluent guideline under section 
     304(b), pretreatment standard under section 307(b), or new 
     source performance standard under section 306 that is 
     applicable to the food processing industry, the Administrator 
     shall consult with and consider the recommendations of the 
     Food and Drug Administration, Department of Health and Human 
     Services, Department of Agriculture, and Department of 
     Commerce. The recommendations of such departments and 
     [[Page H4664]] agencies and a description of the 
     Administrator's response to those recommendations shall be 
     made part of the rulemaking record for the development of 
     such guidelines and standards. The Administrator's response 
     shall include an explanation with respect to food safety, 
     including a discussion of relative risks, of any departure 
     from a recommendation by any such department or agency.''.

     SEC. 505. AUDIT DISPUTE RESOLUTION.

       Title V (33 U.S.C. 1361-1377) is further amended by 
     inserting before section 521, as redesignated by this Act, 
     the following:

     ``SEC. 520. AUDIT DISPUTE RESOLUTION.

       ``(a) Establishment of Board.--The Administrator shall 
     establish an independent Board of Audit Appeals (hereinafter 
     in this section referred to as the `Board') in accordance 
     with the requirements of this section.
       ``(b) Duties.--The Board shall have the authority to review 
     and decide contested audit determinations related to grant 
     and contract awards under this Act. In carrying out such 
     duties, the Board shall consider only those regulations, 
     guidance, policies, facts, and circumstances in effect at the 
     time of the grant or contract award.
       ``(c) Prior Eligibility Decisions.--The Board shall not 
     reverse project cost eligibility determinations that are 
     supported by an decision document of the Environmental 
     Protection Agency, including grant or contract approvals, 
     plans and specifications approval forms, grant or contract 
     payments, change order approval forms, or similar documents 
     approving project cost eligibility, except upon a showing 
     that such decision was arbitrary, capricious, or an abuse of 
     law in effect at the time of such decision.
       ``(d) Membership.--
       ``(1) Appointment.--The Board shall be composed of 7 
     members to be appointed by the Administrator not later than 
     90 days after the date of the enactment of this section.
       ``(2) Terms.--Each member shall be appointed for a term of 
     3 years.
       ``(3) Qualifications.--The Administrator shall appoint as 
     members of the Board individuals who are specially qualified 
     to serve on the Board by virtue of their expertise in grant 
     and contracting procedures. The Administrator shall make 
     every effort
      to ensure that individuals appointed as members of the Board 
     are free from conflicts of interest in carrying out the 
     duties of the Board.
       ``(e) Basic Pay and Travel Expenses.--
       ``(1) Rates of pay.--Except as provided in paragraph (2), 
     members shall each be paid at a rate of basic pay, to be 
     determined by the Administrator, for each day (including 
     travel time) during which they are engaged in the actual 
     performance of duties vested in the Board.
       ``(2) Prohibition of compensation of federal employees.--
     Members of the Board who are full-time officers or employees 
     of the United States may not receive additional pay, 
     allowances, or benefits by reason of their service on the 
     Board.
       ``(3) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       ``(f) Administrative Support Services.--Upon the request of 
     the Board, the Administrator shall provide to the Board the 
     administrative support services necessary for the Board to 
     carry out its responsibilities under this section.
       ``(g) Disputes Eligible for Review.--The authority of the 
     Board under this section shall extend to any contested audit 
     determination that on the date of the enactment of this 
     section has yet to be formally concluded and accepted by 
     either the grantee or the Administrator.''.
        TITLE VI--STATE WATER POLLUTION CONTROL REVOLVING FUNDS
     SEC. 601. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

       Section 601(a) (33 U.S.C. 1381(a)) is amended by striking 
     ``(1) for construction'' and all that follows through the 
     period and inserting ``to accomplish the purposes of this 
     Act.''.

     SEC. 602. CAPITALIZATION GRANT AGREEMENTS.

       (a) Requirements For Construction of Treatment Works.--
     Section 602(b)(6) (33 U.S.C. 1382(b)(6)) is amended--
       (1) by striking ``before fiscal year 1995''; and
       (2) by striking ``201(b)'' and all that follows through 
     ``218'' and inserting ``211''.
       (b) Compliance With Other Federal Laws.--Section 602 (33 
     U.S.C. 1382) is amended by adding at the end the following:
       ``(c) Other Federal Laws.--
       ``(1) Compliance with other federal laws.--If a State 
     provides assistance from its water pollution control 
     revolving fund established in accordance with this title and 
     in accordance with a statute, rule, executive order, or 
     program of the State which addresses the intent of any 
     requirement or any Federal executive order or law other than 
     this Act, as determined by the State, the State in providing 
     such assistance shall be treated as having met the Federal 
     requirements.
       ``(2) Limitation on applicability of other federal laws.--
     If a State does not meet a requirement of a Federal executive 
     order or law other than this Act under paragraph (1), such 
     Federal law shall only apply to Federal funds deposited in 
     the water pollution control revolving fund established by the 
     State in accordance with this title the first time such funds 
     are used to provide assistance from the revolving fund.''.
       (c) Guidance for Small Systems.--Section 602 (33 U.S.C. 
     1382) is amended by adding at the end the following new 
     subsection:
       ``(d) Guidance for Small Systems.--
       ``(1) Simplified procedures.--Not later than 1 year after 
     the date of the enactment of this subsection, the 
     Administrator shall assist the States in establishing 
     simplified procedures for small systems to obtain assistance 
     under this title.
       ``(2) Publication of manual.--Not later than 1 year after 
     the date of the enactment of this subsection, and after 
     providing notice and opportunity for public comment, the 
     Administrator shall publish a manual to assist small systems 
     in obtaining assistance under this title and publish in the 
     Federal Register notice of the availability of the manual.
       ``(3) Small system defined.--For purposes of this title, 
     the term `small system' means a system for which a 
     municipality or intermunicipal, interstate, or State agency 
     seeks assistance under this title and which serves a 
     population of 20,000 or less.''.

     SEC. 603. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

       (a) Activities Eligible for Assistance.--Section 603(c) (33 
     U.S.C. 1383(c)) is amended to read as follows:
       ``(c) Activities Eligible for Assistance.--
       ``(1) In general.--The amounts of funds available to each 
     State water pollution control revolving fund shall be used 
     only for providing financial assistance to activities which 
     have as a principal benefit the improvement or protection of 
     water quality to a municipality, intermunicipal agency, 
     interstate agency, State agency, or other person. Such 
     activities may include the following:
       ``(A) Construction of a publicly owned treatment works if 
     the recipient of such assistance is a municipality.
       ``(B) Implementation of lake protection programs and 
     projects under section 314.
       ``(C) Implementation of a management program under section 
     319.
       ``(D) Implementation of a conservation and management plan 
     under section 320.
       ``(E) Implementation of a watershed management plan under 
     section 321.
       ``(F) Implementation of a stormwater management program 
     under section 322.
       ``(G) Acquisition of property rights for the restoration or 
     protection of publicly or privately owned riparian areas.
       ``(H) Implementation of measures to improve the efficiency 
     of public water use.
       ``(I) Development and implementation of plans by a public 
     recipient to prevent water pollution.
       ``(J) Acquisition of lands necessary to meet any mitigation 
     requirements related to construction of a publicly owned 
     treatment works.
       ``(2) Fund amounts.--The water pollution control revolving 
     fund of a State shall be established, maintained, and 
     credited with repayments, and the fund balance shall be 
     available in perpetuity for providing financial assistance 
     described in paragraph (1). Fees charged by a State to 
     recipients of such assistance may be deposited in the fund 
     for the sole purpose of financing the cost of administration 
     of this title.''.
       (b) Extended Repayment Period for Disadvantaged 
     Communities.--Section 603(d)(1) (33 U.S.C. 1383(d)(1)) is 
     amended--
       (1) in subparagraph (A) by inserting after ``20 years'' the 
     following: ``or, in the case of a disadvantaged community, 
     the lesser of 40 years or the expected life of the project to 
     be financed with the proceeds of the loan''; and
       (2) in subparagraph (B) by striking ``not later than 20 
     years after project completion'' and inserting ``upon the 
     expiration of the term of the loan''.
       (c) Loan Guarantees for Innovative Technology.--Section 
     603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as 
     follows:
       ``(5) to provide loan guarantees for--
       ``(A) similar revolving funds established by municipalities 
     or intermunicipal agencies; and
       ``(B) developing and implementing innovative 
     technologies.''.
       (d) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 
     1383(d)(7)) is amended by inserting before the period at the 
     end the following: ``or $400,000 per year, whichever is 
     greater, plus the amount of any fees collected by the State 
     for such purpose under subsection (c)(2)''.
       (e) Technical and Planning Assistance for Small Systems.--
     Section 603(d) (33 U.S.C. 1383(d)) is amended--
       (1) by striking ``and'' at the end of paragraph (6);
       (2) by striking the period at the end of paragraph (7) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(8) to provide to small systems technical and planning 
     assistance and assistance in financial management, user fee 
     analysis, budgeting, capital improvement planning, facility 
     operation and maintenance, repair schedules, and other 
     activities to improve wastewater treatment plant operations; 
     except that such amounts shall not exceed 2 percent of all 
     grant awards to such fund under this title.''.
       (f) Consistency With Planning Requirements.--Section 603(f) 
     (33 U.S.C. 1383(f)) is amended by striking ``and 320'' and 
     inserting ``320, 321, and 322''.
       (g) Limitations on Construction Assistance.--Section 603(g) 
     (33 U.S.C. 1383(g)) is amended to read as follows:

[[Page H4665]]

       ``(g) Limitations on Construction Assistance.--The State 
     may provide financial assistance from its water pollution 
     control revolving fund with respect to a project for 
     construction of a treatment works only if--
       ``(1) such project is on the State's priority list under 
     section 216 of this Act; and
       ``(2) the recipient of such assistance is a municipality in 
     any case in which the treatment works is privately owned.''.
       (h) Interest Rates.--Section 603 is further amended by 
     adding at the end the following:
       ``(i) Interest Rates.--In any case in which a State makes a 
     loan pursuant to subsection (d)(1) to a disadvantaged 
     community, the State may charge a negative interest rate of 
     not to exceed 2 percent to reduce the unpaid principal of the 
     loan. The aggregate amount of all such negative interest rate 
     loans the State makes in a fiscal year shall not exceed 20 
     percent of the aggregate amount of all loans made by the 
     State from its revolving loan fund in such fiscal year.
       ``(j) Disadvantaged Community Defined.--As used in this 
     section, the term `disadvantaged community' means the service 
     area of a publicly owned treatment works with respect to 
     which the average annual residential sewage treatment charges 
     for a user of the treatment works meet affordability criteria 
     established by the State in which the treatment works is 
     located (after providing for public review and comment) in 
     accordance with guidelines to be established by the 
     Administrator, in cooperation with the States.''.
       (i) Sale of Treatment Works.--Section 603 is further 
     amended by adding at the end the following:
       ``(k) Sale of Treatment Works.--
       ``(1) In general.--Notwithstanding any other provisions of 
     this Act, any State, municipality, intermunicipality, or 
     interstate agency may transfer by sale to a qualified private 
     sector entity all or part of a treatment works that is owned 
     by such agency and for which it received Federal financial 
     assistance under this Act if the transfer price will be 
     distributed, as amounts are received, in the following order:
       ``(A) First reimbursement of the agency of the unadjusted 
     dollar amount of the costs of construction of the treatment 
     works or part thereof plus any transaction and fix-up costs 
     incurred by the agency with respect to the transfer less the 
     amount of such Federal financial assistance provided with 
     respect to such costs.
       ``(B) If proceeds from the transfer remain after such 
     reimbursement, repayment of the Federal Government of the 
     amount of such Federal financial assistance less the 
     applicable share of accumulated depreciation on such 
     treatment works (calculated using Internal Revenue Service 
     accelerated depreciation schedule applicable to treatment 
     works).
       ``(C) If any proceeds of such transfer remain after such 
     reimbursement and repayment, retention of the remaining 
     proceeds by such agency.
       ``(2) Release of condition.--Any requirement imposed by 
     regulation or policy for a showing that the treatment works 
     are no longer needed to serve their original purpose shall 
     not apply.
       ``(3) Selection of buyer.--A State, municipality, 
     intermunicipality, or interstate agency exercising the 
     authority granted by this subsection shall select a qualified 
     private sector entity on the basis of total net cost and 
     other appropriate criteria and shall utilize such competitive 
     bidding, direct negotiation, or other criteria and procedures 
     as may be required by State law.
       ``(l) Private Ownership of Treatment Works.--
       ``(1) Regulatory review.--The Administrator shall review 
     the law and any regulations, policies, and procedures of the 
     Environmental Protection Agency affecting the construction, 
     improvement, replacement, operation, maintenance, and 
     transfer of ownership of current and future treatment works 
     owned by a State, municipality, intermunicipality, or 
     interstate agency. If permitted by law, the Administrator 
     shall modify such regulations, policies, and procedures to 
     eliminate any obstacles to the construction, improvement, 
     replacement, operation, and
      maintenance of such treatment works by qualified private 
     sector entities.
       ``(2) Report.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator shall submit 
     to Congress a report identifying any provisions of law that 
     must be changed in order to eliminate any obstacles referred 
     to in paragraph (1).
       ``(3) Definition.--For purposes of this section, the term 
     `qualified private sector entity' means any nongovernmental 
     individual, group, association, business, partnership, 
     organization, or privately or publicly held corporation 
     that--
       ``(A) has sufficient experience and expertise to discharge 
     successfully the responsibilities associated with 
     construction, operation, and maintenance of a treatment works 
     and to satisfy any guarantees that are agreed to in 
     connection with a transfer of treatment works under 
     subsection (k);
       ``(B) has the ability to assure protection against 
     insolvency and interruption of services through contractual 
     and financial guarantees; and
       ``(C) with respect to subsection (k), to the extent 
     consistent with the North American Free Trade Agreement and 
     the General Agreement on Tariffs and Trade--
       ``(i) is majority-owned and controlled by citizens of the 
     United States; and
       ``(ii) does not receive subsidies from a foreign 
     government.''.

     SEC. 604. ALLOTMENT OF FUNDS.

       (a) In General.--Section 604(a) (33 U.S.C. 1384(a)) is 
     amended to read as follows:
       ``(a) Formula for Fiscal Years 1996-2000.--Sums authorized 
     to be appropriated pursuant to section 607 for each of fiscal 
     years 1996, 1997, 1998, 1999, and 2000 shall be allotted for 
     such year by the Administrator not later than the 10th day 
     which begins after the date of the enactment of the Clean 
     Water Amendments of 1995. Sums authorized for each such 
     fiscal year shall be allotted in accordance with the 
     following table:

                                                     Percentage of sums
``States:                                                   authorized:
  Alabama........................................................1.0110
  Alaska.........................................................0.5411
  Arizona........................................................0.7464
  Arkansas.......................................................0.5914
  California.....................................................7.9031
  Colorado.......................................................0.7232
  Connecticut....................................................1.3537
  Delaware.......................................................0.4438
  District of Columbia...........................................0.4438
  Florida........................................................3.4462
  Georgia........................................................1.8683
  Hawaii.........................................................0.7002
  Idaho..........................................................0.4438
  Illinois.......................................................4.9976
  Indiana........................................................2.6631
  Iowa...........................................................1.2236
  Kansas.........................................................0.8690
  Kentucky.......................................................1.3570
  Louisiana......................................................1.0060
  Maine..........................................................0.6999
  Maryland.......................................................2.1867
  Massachusetts..................................................3.7518
  Michigan.......................................................3.8875
  Minnesota......................................................1.6618
  Mississippi....................................................0.8146
  Missouri.......................................................2.5063
  Montana........................................................0.4438
  Nebraska.......................................................0.4624
  Nevada.........................................................0.4438
  New Hampshire..................................................0.9035
  New Jersey.....................................................4.5156
  New Mexico.....................................................0.4438
  New York......................................................12.1969
  North Carolina.................................................1.9943
  North Dakota...................................................0.4438
  Ohio...........................................................5.0898
  Oklahoma.......................................................0.7304
  Oregon.........................................................1.2399
  Pennsylvania...................................................4.2145
  Rhode Island...................................................0.6071
  South Carolina.................................................0.9262
  South Dakota...................................................0.4438
  Tennessee......................................................1.4668
  Texas..........................................................4.6458
  Utah...........................................................0.4764
  Vermont........................................................0.4438
  Virginia.......................................................2.2615
  Washington.....................................................1.9217
  West Virginia..................................................1.4249
  Wisconsin......................................................2.4442
  Wyoming........................................................0.4438
  Puerto Rico....................................................1.1792
  Northern Marianas..............................................0.0377
  American Samoa.................................................0.0812
  Guam...........................................................0.0587
  Pacific Islands Trust Territory................................0.1158
  Virgin Islands.............................................0.0576.''.

       (b) Conforming Amendment.--Section 604(c)(2) is amended by 
     striking ``title II of this Act'' and inserting ``this 
     title''.
     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       Section 607 (33 U.S.C. 1387(a)) is amended--
       (1) by striking ``and'' at the end of paragraph (4);
       (2) by striking the period at the end of paragraph (5) and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) such sums as may be necessary for fiscal year 1995;
       ``(7) $2,500,000,000 for fiscal year 1996;
       ``(8) $2,500,000,000 for fiscal year 1997;
       ``(9) $2,500,000,000 for fiscal year 1998;
       ``(10) $2,500,000,000 for fiscal year 1999; and
       ``(11) $2,500,000,000 for fiscal year 2000.''.
     SEC. 606. STATE NONPOINT SOURCE WATER POLLUTION CONTROL 
                   REVOLVING FUNDS.

       Title VI (33 U.S.C. 1381-1387) is amended--
       (1) in section 607 by inserting after ``title'' the 
     following: ``(other than section 608)''; and
       (2) by adding at the end the following:
     ``SEC. 608. STATE NONPOINT SOURCE WATER POLLUTION CONTROL 
                   REVOLVING FUNDS.

       ``(a) General Authority.--The Administrator shall make 
     capitalization grants to each State for the purpose of 
     establishing a nonpoint source water pollution control 
     revolving fund for providing assistance--
       ``(1) to persons for carrying out management practices and 
     measures under the State management program approved under 
     section 319; and
       ``(2) to agricultural producers for the development and 
     implementation of the water quality components of a whole 
     farm or ranch resource management plan and for implementation 
     of management practices and measures under such a plan.

     A State nonpoint source water pollution control revolving 
     fund shall be separate from any other State water pollution 
     control revolving fund; except that the chief executive 
     officer of the State may transfer funds from one fund to the 
     other fund.
       ``(b) Applicability of Other Requirements of This Title.--
     Except to the extent the Administrator, in consultation with 
     the chief executive officers of the States, determines that a 
     provision of this title is not consistent with a provision of 
     this section, the provisions of sections 601 through 606 of 
     [[Page H4666]] this title shall apply to grants made under 
     this section in the same manner and to the same extent as 
     they apply to grants made under section 601 of this title. 
     Paragraph (5) of section 602(b) shall apply to all funds in a 
     State revolving fund established under this section as a 
     result of capitalization grants made under this section; 
     except that such funds shall first be used to assure 
     reasonable progress toward attainment of the goals of section 
     319, as determined by the Governor of the State. Paragraph 
     (7) of section 603(d) shall apply to a State revolving fund 
     established under this section, except that the 4-percent 
     limitation contained in such section shall not apply to such 
     revolving fund.
       ``(c) Apportionment of Funds.--Funds made available to 
     carry out this section for any fiscal year shall be allotted 
     among the States by the Administrator in the same manner as 
     funds are allotted among the States under section 319 in such 
     fiscal year.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 per 
     fiscal year for each of fiscal years 1996 through 2000.''.
                  TITLE VII--MISCELLANEOUS PROVISIONS

     SEC. 701. TECHNICAL AMENDMENTS.

       (a) Section 118.--Section 118(c)(1)(A) (33 U.S.C. 
     1268(c)(1)(A)) is amended by striking the last comma.
       (b) Section 120.--Section 120(d) (33 U.S.C. 1270(d)) is 
     amended by striking ``(1)''.
       (c) Section 204.--Section 204(a)(3) (33 U.S.C. 1284(a)(3)) 
     is amended by striking the final period and inserting a 
     semicolon.
       (d) Section 205.--Section 205 (33 U.S.C. 1285) is amended--
       (1) in subsection (c)(2) by striking ``and 1985'' and 
     inserting ``1985, and 1986'';
       (2) in subsection (c)(2) by striking ``through 1985'' and 
     inserting ``through 1986'';
       (3) in subsection (g)(1) by striking the period following 
     ``4 per centum''; and
       (4) in subsection (m)(1)(B) by striking ``this'' the last 
     place it appears and inserting ``such''.
       (e) Section 208.--Section 208 (33 U.S.C. 1288) is amended--
       (1) in subsection (h)(1) by striking ``designed'' and 
     inserting ``designated''; and
       (2) in subsection (j)(1) by striking ``September 31, 1988'' 
     and inserting ``September 30, 1988''.
       (f) Section 301.--Section 301(j)(1)(A) (33 U.S.C. 
     1311(j)(1)(A)) is amended by striking ``that'' the first 
     place it appears and inserting ``than''.
       (g) Section 309.--Section 309(d) (33 U.S.C. 1319(d)) is 
     amended by striking the second comma following ``Act by a 
     State''.
       (h) Section 311.--Section 311 (33 U.S.C. 1321) is amended--
       (1) in subsection (b) by moving paragraph (12) (including 
     subparagraphs (A), (B) and (C)) 2 ems to the right; and
       (2) in subsection (h)(2) by striking ``The'' and inserting 
     ``the''.
       (i) Section 505.--Section 505(f) (33 U.S.C. 1365(f)) is 
     amended by striking the last comma.
       (j) Section 516.--Section 516 (33 U.S.C. 1375) is amended 
     by redesignating subsection (g) as subsection (f).
       (k) Section 518.--Section 518(f) (33 U.S.C. 1377(f)) is 
     amended by striking ``(d)'' and inserting ``(e)''.

     SEC. 702. JOHN A. BLATNIK NATIONAL FRESH WATER QUALITY 
                   RESEARCH LABORATORY.

       (a) Designation.--The laboratory and research facility 
     established pursuant to section 104(e) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1254(e)) that is located in 
     Duluth, Minnesota, shall be known and designated as the 
     ``John A. Blatnik National Fresh Water Quality Research 
     Laboratory''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     laboratory and research facility referred to in subsection 
     (a) shall be deemed to be a reference to the ``John A. 
     Blatnik National Fresh Water Quality Research Laboratory''.
     SEC. 703. WASTEWATER SERVICE FOR COLONIAS.

       (a) Grant Assistance.--The Administrator may make grants to 
     States along the United States-Mexico border to provide 
     assistance for planning, design, and construction of 
     treatment works to provide wastewater service to the 
     communities along such border commonly known as ``colonias''.
       (b) Federal Share.--The Federal share of the cost of a 
     project carried out using funds made available under 
     subsection (a) shall be 50 percent. The non-Federal share of 
     such cost shall be provided by the State receiving the grant.
       (c) Treatment Works Defined.--For purposes of this section, 
     the term ``treatment works'' has the meaning such term has 
     under section 212 of the Federal Water Pollution Control Act.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for making grants under subsection (a) 
     $50,000,000 for fiscal year 1996. Such sums shall remain 
     available until expended.

     SEC. 704. SAVINGS IN MUNICIPAL DRINKING WATER COSTS.

       (a) Study.--The Administrator of the Environmental 
     Protection Agency, in consultation with the Director of the 
     Office of Management and Budget, shall review, analyze, and 
     compile information on the annual savings that municipalities 
     realize in the construction, operation,
      and maintenance of drinking water facilities as a result of 
     actions taken under the Federal Water Pollution Control 
     Act.
       (b) Contents.--The study conducted under subsection (a), at 
     a minimum, shall contain an examination of the following 
     elements:
       (1) Savings to municipalities in the construction of 
     drinking water filtration facilities resulting from actions 
     taken under the Federal Water Pollution Control Act.
       (2) Savings to municipalities in the operation and 
     maintenance of drinking water facilities resulting from 
     actions taken under such Act.
       (3) Savings to municipalities in health expenditures 
     resulting from actions taken under such Act.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Administrator shall transmit to 
     Congress a report containing the results of the study 
     conducted under subsection (a).
            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Wetlands and Watershed 
     Management Act of 1995''.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares the following:
       (1) Wetlands perform a number of valuable functions needed 
     to restore and maintain the chemical, physical, and 
     biological integrity of the Nation's waters, including--
       (A) reducing pollutants (including nutrients, sediment, and 
     toxics) from nonpoint and point sources;
       (B) storing, conveying, and purifying flood and storm 
     waters;
       (C) reducing both bank erosion and wave and storm damage to 
     adjacent lands and trapping sediment from upland sources;
       (D) providing habitat and food sources for a broad range of 
     commercial and recreational fish, shellfish, and migratory 
     wildlife species (including waterfowl and endangered 
     species); and
       (E) providing a broad range of recreational values for 
     canoeing, boating, birding, and nature study and observation.
       (2) Original wetlands in the contiguous United States have 
     been reduced by an estimated 50 percent and continue to 
     disappear at a rate of 200,000 to 300,000 acres a year. Many 
     of these original wetlands have also been altered or 
     partially degraded, reducing their ecological value.
       (3) Wetlands are highly sensitive to changes in water 
     regimes and are, therefore, susceptible to degradation by 
     fills, drainage, grading, water extractions, and other 
     activities within their watersheds which affect the quantity, 
     quality, and flow of surface and ground waters. Protection 
     and management of wetlands, therefore, should be integrated 
     with management of water systems on a watershed basis. A 
     watershed protection and management perspective is also 
     needed to understand and reverse the gradual, continued 
     destruction of wetlands that occurs due to cumulative 
     impacts.
       (4) Wetlands constitute an estimated 5 percent of the 
     Nation's surface area. Because much of this land is in 
     private ownership wetlands protection and management 
     strategies must take into consideration private property 
     rights and the need for economic development and growth. This 
     can be best accomplished in the context of a cooperative and 
     coordinated Federal, State, and local strategy for data 
     gathering, planning, management, and restoration
      with an emphasis on advance planning of wetlands in 
     watershed contexts.
       (b) Purposes.--The purposes of this Act are--
       (1) to help create a coordinated national wetland 
     management effort with efficient use of scarce Federal, 
     State, and local financial and manpower resources to protect 
     wetland functions and values and reduce natural hazard 
     losses;
       (2) to help reverse the trend of wetland loss in a fair, 
     efficient, and cost-effective manner;
       (3) to reduce inconsistencies and duplication in Federal, 
     State, and local wetland management efforts and encourage 
     integrated permitting at the Federal, State, and local 
     levels;
       (4) to increase technical assistance, cooperative training, 
     and educational opportunities for States, local governments, 
     and private landowners;
       (5) to help integrate wetland protection and management 
     with other water resource management programs on a watershed 
     basis such as flood control, storm water management, 
     allocation of water supply, protection of fish and wildlife, 
     and point and nonpoint source pollution control;
       (6) to increase regionalization of wetland delineation and 
     management policies within a framework of national policies 
     through advance planning of wetland areas, programmatic 
     general permits and other approaches and the tailoring of 
     policies to ecosystem and land use needs to reflect 
     significant watershed variance in wetland resources;
       (7) to address the cumulative loss of wetland resources;
       (8) to increase the certainty and predictability of 
     planning and regulatory policies for private landowners;
       (9) to help achieve no overall net loss and net gain of the 
     remaining wetland base of the United States through 
     watershed-based restoration strategies involving all levels 
     of government;
       (10) to restore and create wetlands in order to increase 
     the quality and quantity of the wetland resources and by so 
     doing to restore and maintain the quality and quantity of the 
     waters of the United States; and
     [[Page H4667]]   (11) to provide mechanisms for joint State, 
     Federal, and local development and testing of approaches to 
     better protect wetland resources such as mitigation banking.
     SEC. 803. STATE, LOCAL, AND LANDOWNER TECHNICAL ASSISTANCE 
                   AND COOPERATIVE TRAINING.

       (a) State and Local Technical Assistance.--Upon request, 
     the Administrator or the Secretary of the Army, as 
     appropriate, shall provide technical assistance to State and 
     local governments in the development and implementation of 
     State and local government permitting programs under sections 
     404(e) and 404(h) of the Federal Water Pollution Control Act, 
     State wetland conservation plans under section 805, and 
     regional or local wetland management plans under section 805.
       (b) Cooperative Training.--The Administrator and the 
     Secretary, in cooperation with the Coordinating Committee 
     established pursuant to section 804, shall conduct training 
     courses for States and local governments involving wetland 
     delineation, utilization of wetlands in nonpoint pollution 
     control, wetland and stream restoration, wetland planning, 
     wetland evaluation, mitigation banking, and other subjects 
     deemed appropriate by the Administrator or Secretary.
       (c) Private Landowner Technical Assistance.--The 
     Administrator and Secretary shall, in cooperation with the 
     Coordination Committee, and appropriate Federal agencies 
     develop and provide to private landowners guidebooks, 
     pamphlets, or other materials and technical assistance to 
     help them in identifying and evaluating wetlands, developing 
     integrated wetland management plans for their lands 
     consistent with the goals of this Act and the Federal Water 
     Pollution Control Act, and restoring wetlands.

     SEC. 804. FEDERAL, STATE, AND LOCAL GOVERNMENT COORDINATING 
                   COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator shall 
     establish a Federal, State, and Local Government Wetlands 
     Coordinating Committee (hereinafter in this section referred 
     to as the ``Committee'').
       (b) Functions.--The Committee shall--
       (1) help coordinate Federal, State, and local wetland 
     planning, regulatory, and restoration programs on an ongoing 
     basis to reduce duplication, resolve potential conflicts, and 
     efficiently allocate manpower and resources at all levels of 
     government;
       (2) provide comments to the Secretary of the Army or 
     Administrator in adopting regulatory, policy, program, or 
     technical guidance affecting wetland systems;
       (3) help develop and field test, national policies prior to 
     implementation such as wetland, delineation, classification 
     of wetlands, methods for sequencing wetland mitigation 
     responses, the utilization of mitigation banks;
       (4) help develop and carry out joint technical assistance 
     and cooperative training programs as provided in section 803;
       (5) help develop criteria and implementation strategies for 
     facilitating State conservation plans and strategies, local 
     and regional wetland planning, wetland restoration and 
     creation, and State and local permitting programs pursuant to 
     section 404(e) or 404(g) of the Federal Water Pollution 
     Control Act; and
       (6) help develop a national strategy for the restoration of 
     wetland ecosystems pursuant to section 6 of this Act.
       (c) Membership.--The Committee shall be composed of 18 
     members as follows:
       (1) The Administrator or the designee of the Administrator.
       (2) The Secretary or the designee of the Secretary.
       (3) The Director of the United States Fish and Wildlife 
     Service or the designee of the Director.
       (4) The Chief of the Natural Resources Conservation Service 
     or the designee of the Chief.
       (5) The Undersecretary for Oceans and Atmosphere or the 
     designee of the Under Secretary.
       (6) One individual appointed by the Administrator who will 
     represent the National Governor's Association.
       (7) One individual appointed by the Administrator who will 
     represent the National Association of Counties.
       (8) One individual appointed by the Administrator who will 
     represent the National League of Cities.
       (9) One State wetland expert from each of the 10 regions of 
     the Environmental Protection Agency. Each member to be 
     appointed under this paragraph shall be jointly appointed by 
     the Governors of the States within the Environmental 
     Protection Agency's region. If the Governors from a region 
     cannot agree on such a representative, they will each submit 
     a nomination to the Administrator and the Administrator will 
     select a representative from such region.
       (d) Terms.--Each member appointed pursuant to paragraph 
     (6), (7), (8), or (9) of subsection (c) shall be appointed 
     for a term of 2 years.
       (e) Vacancies.--A vacancy in the Committee shall be filled, 
     on or before the 30th day after the vacancy occurs, in the 
     manner in which the original appointment was made.
       (f) Pay.--Members shall serve without pay, but may receive 
     travel expenses (including per diem in lieu of subsistence) 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (g) Cochairpersons.--The Administrator and one member 
     appointed pursuant to paragraph (6), (7), (8), or (9) of 
     subsection (c) (selected by such members) shall serve as 
     cochairpersons of the Committee.
       (h) Quorum.--Two-thirds of the members of the Committee 
     shall constitute a quorum but a lesser number may hold 
     meetings.
       (i) Meetings.--The Committee shall hold its first meeting 
     not later than 120 days after the date of the enactment of 
     this Act. The Committee shall meet at least twice each year 
     thereafter. Meetings will be opened to the public.

     SEC. 805. STATE AND LOCAL WETLAND CONSERVATION PLANS AND 
                   STRATEGIES; GRANTS TO FACILITATE THE 
                   IMPLEMENTATION OF SECTION 404.

       (a) State Wetland Conservation Plans and Strategies.--
     Subject to the requirements of this section, the 
     Administrator shall make grants to States and tribes to 
     assist in the development and implementation of wetland 
     conservation plans and strategies. More specific goals for 
     such conservation plans and strategies may include:
       (1) Inventorying State wetland resources, identifying 
     individual and cumulative losses, identifying State and local 
     programs applying to wetland resources, determining gaps in 
     such programs, and making recommendations for filling those 
     gaps.
       (2) Developing and coordinating existing State, local, and 
     regional programs for wetland management and protection on a 
     watershed basis.
       (3) Increasing the consistency of Federal, State, and local 
     wetland definitions, delineation, and permitting approaches.
       (4) Mapping and characterizing wetland resources on a 
     watershed basis.
       (5) Identifying sites with wetland restoration or creation 
     potential.
       (6) Establishing management strategies for reducing causes 
     of wetland degradation and restoring wetlands on a watershed 
     basis.
       (7) Assisting regional and local governments prepare 
     watershed plans for areas with a high percentage of lands 
     classified as wetlands or otherwise in need of special 
     management.
       (8) Establishing and implementing State or local permitting 
     programs under section 404(e) or 404(h) of the Federal Water 
     Pollution Control Act.
       (b) Regional and Local Wetland Planning, Regulation, and 
     Management Programs.--Subject to the requirements of this 
     section, the Administrator shall make grants to States which 
     will, in turn, use this funding to make grants to regional 
     and local governments to assist them in adopting and 
     implementing wetland and watershed management programs 
     consistent with goals stated in section 101 of the Federal 
     Water Pollution Control Act and section 802 of this Act. Such 
     plans shall be integrated with (where appropriate) or 
     coordinated with planning efforts pursuant to section 319 of 
     the Federal Water Pollution Control Act. Such programs shall, 
     at a minimum, involve the inventory of wetland resources and 
     the adoption of plans and policies to help achieve the goal 
     of no net loss of wetland resources on a watershed basis. 
     Other goals may include, but are not limited to:
       (1) Integration of wetland planning and management with 
     broader water resource and land use planning and management, 
     including flood control, water supply, storm water 
     management, and control of point and nonpoint source 
     pollution.
       (2) Adoption of measures to increase consistency in 
     Federal, State, and local wetland definitions, delineation, 
     and permitting approaches.
       (3) Establishment of management strategies for restoring 
     wetlands on a watershed basis.
       (c) Grants To Facilitate the Implementation of Section 
     404.--Subject to the requirements of this section, the 
     Administrator may make grants to States which assist the 
     Federal Government in the implementation of the section 404 
     Federal Water Pollution Control program through State 
     assumption of permitting pursuant to sections 404(g) and 
     404(h) of such Act through State permitting through a State 
     programmatic general permit pursuant to section 404(e) of 
     such Act or through monitoring and enforcement activities. In 
     order to be eligible to receive a grant under this section a 
     State shall provide assurances satisfactory to the 
     Administrator that amounts received by the State in grants 
     under this section will be used to issue regulatory permits 
     or to enforce regulations consistent with the overall goals 
     of section 802 and the standards and procedures of section 
     404(g) or 404(e) of this Act.
       (d) Maximum Amount.--No State may receive more than 
     $500,000 in total grants under subsections (a), (b), and (c) 
     in any fiscal year and more than $300,000 in grants for 
     subsection (a), (b), or (c), individually.
       (e) Federal Share.--The Federal share of the cost of 
     activities carried out using amounts made available in grants 
     under this section shall not exceed 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 per 
     fiscal year for each of fiscal years 1996, 1997, 1998, 1999, 
     and 2000.

     SEC. 806. NATIONAL COOPERATIVE WETLAND ECOSYSTEM RESTORATION 
                   STRATEGY.

       (a) Development.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in cooperation 
     with other Federal agencies, State, and local governments, 
     and representatives of the private sector, shall initiate the 
     development of a 
     [[Page H4668]] National Cooperative Wetland Ecosystem 
     Restoration Strategy.
       (b) Goals.--The goal of the National Cooperative Wetland 
     Ecosystem Restoration Strategy shall be to restore damaged 
     and degraded wetland and riparian ecosystems consistent with 
     the goals of the Water Pollution Control Amendments and the 
     goals of section 802, and the recommendations of the National 
     Academy of Sciences with regard to the restoration of aquatic 
     ecosystems.
       (c) Functions.--The National Cooperative Wetland Ecosystem 
     Restoration Strategy shall--
       (1) be designed to help coordinate and promote restoration 
     efforts by Federal, State, regional, and local governments 
     and the private sector, including efforts authorized by the 
     Coastal Wetlands Planning, Protection, and Restoration Act, 
     the North American Waterfowl Management Plan, the Wetlands 
     Reserve Program, and the wetland restoration efforts on 
     Federal, State, local, and private lands;
       (2) involve the Federal, State, and local Wetlands 
     Coordination Committee established pursuant to section 804;
       (3) inventory and evaluate existing restoration efforts and 
     make suggestions for the establishment of new watershed 
     specific efforts consistent with existing Federal programs 
     and State, regional, and local wetland protection and 
     management efforts;
       (4) evaluate the role presently being played by wetland 
     restoration in both regulatory and nonregulatory contexts and 
     the relative success of wetland restoration in these 
     contexts;
       (5) develop criteria for identifying wetland restoration 
     sites on a watershed basis, procedures for wetlands 
     restoration, and ecological criteria for wetlands 
     restoration; and
       (6) identify regulatory obstacles to wetlands ecosystem 
     restoration and recommend methods to reduce such obstacles.

     SEC. 807. PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL.

       (a) Permit Monitoring and Tracking.--Section 404(a) (33 
     U.S.C. 1344) is amended by adding at the end thereof the 
     following: ``The Secretary shall, in cooperation with the 
     Administrator, establish a permit monitoring and tracking 
     programs on a watershed basis to monitor the cumulative 
     impact of individual and general permits issued under this 
     section. This program shall determine the impact of permitted 
     activities in relationship to the no net loss goal. Results 
     shall be reported biannually to Congress.''.
       (b) Issuance of General Permits.--Paragraph (1) of section 
     404(e) is amended by inserting ``local,'' before ``State, 
     regional, or nationwide basis'' in the first sentence.
       (c) Revocation or Modification of General Permits.--
     Paragraph (2) of section 404(e) is amended by striking the 
     period at the end and inserting ``or a State or local 
     government has failed to adequately monitor and control the 
     individual and cumulative adverse effects of activities 
     authorized by State or local programmatic general permits.''.
       (d) Programmatic General Permits.--Section 404(e) is 
     amended by adding at the end thereof the following new 
     paragraph:
       ``(3) Programmatic general permits.--Consistent with the 
     following requirements, the Secretary may, after notice and 
     opportunity for public comment, issue State or local 
     programmatic general permits for the purpose of avoiding 
     unnecessary duplication of regulations by State, regional, 
     and local regulatory programs:
       ``(A) The Secretary may issue a programmatic general permit 
     based on a State, regional, or local government regulatory 
     program if that general permit includes adequate safeguards 
     to ensure that the State, regional, or local program will 
     have no more than minimal cumulative impacts on the 
     environment and will provide at least the same degree of 
     protection for the environment, including all waters of the 
     United States, and for Federal interests, as is provided by 
     this section and by the Federal permitting program pursuant 
     to section 404(a).
      Such safeguards shall include provisions whereby the Corps 
     District Engineer and the Regional Administrators or 
     Directors of the Environmental Protection Agency, the 
     United States Fish and Wildlife Service, and the National 
     Marine Fisheries Service (where appropriate), shall have 
     an opportunity to review permit applications submitted to 
     the State, regional, or local regulatory agency which 
     would have more than minimal individual or cumulative 
     adverse impacts on the environment, attempt to resolve any 
     environmental concern or protect any Federal interest at 
     issue, and, if such concern is not adequately addressed by 
     the State, local, or regional agency, require the 
     processing of an individual Federal permit under this 
     section for the specific proposed activity. The Secretary 
     shall ensure that the District Engineer will utilize this 
     authority to protect all Federal interests including, but 
     not limited to, national security, navigation, flood 
     control, Federal endangered or threatened species, Federal 
     interests under the Wild and Scenic Rivers Act, special 
     aquatic sites of national importance, and other interests 
     of overriding national importance. Any programmatic 
     general permit issued under this subsection shall be 
     consistent with the guidelines promulgated to implement 
     subsection (b)(1).
       ``(B) In addition to the requirements of subparagraph (A), 
     the Secretary shall not promulgate any local or regional 
     programmatic general permit based on a local or regional 
     government's regulatory program unless the responsible unit 
     of government has also adopted a wetland and watershed 
     management plan and is administering regulations to implement 
     this plan. The watershed management plan shall include--
       ``(i) the designation of a local or regional regulatory 
     agency which shall be responsible for issuing permits under 
     the plan and for making reports every 2 years on 
     implementation of the plan and on the losses and gains in 
     functions and acres of wetland within the watershed plan 
     area;
       ``(ii) mapping of--

       ``(I) the boundary of the plan area;
       ``(II) all wetlands and waters within the plan area as well 
     as other areas proposed for protection under the plan; and
       ``(III) proposed wetland restoration or creation sites with 
     a description of their intended functions upon completion and 
     the time required for completion;

       ``(iii) a description of the regulatory policies and 
     standards applicable to all wetlands and waters within the 
     plan areas and all activities which may affect these wetlands 
     and waters that will assure, at a minimum, no net loss of the 
     functions and acres of wetlands within the plan area; and
       ``(iv) demonstration that the regulatory agency has the 
     legal authority and scientific monitoring capability to carry 
     out the proposed plan including the issuance, monitoring, and 
     enforcement of permits in compliance with the plan.''.
       (e) Grandfather of Existing General Permits.--Section 
     404(e) is further amended by adding at the end the following:
       ``(4) Grandfather of existing general permits.--General 
     permits in effect on day before the date of the enactment of 
     the Wetlands and Watershed Management Act of 1995 shall 
     remain in effect until otherwise modified by the 
     Secretary.''.
       (f) Discharges Not Requiring a Permit.--Section 404(f) (33 
     U.S.C. 1344(f)) is amended by striking the subsection 
     designation and paragraph (1) and inserting the following:
       ``(f) Exemptions.--
       ``(1) Activities not requiring permit.--
       ``(A) In general.--Activities are exempt from the 
     requirements of this section and are not prohibited by or 
     otherwise subject to regulation under this section or section 
     301 or 402 of this Act (except effluent standards or 
     prohibitions under section 307 of this Act) if such 
     activities--
       ``(i) result from normal farming, silviculture, 
     aquaculture, and ranching activities and practices, including 
     but not limited to plowing, seeding, cultivating, haying, 
     grazing, normal maintenance activities, minor drainage, 
     burning of vegetation in connection with such activities, 
     harvesting for the production of food, fiber, and forest 
     products, or upland soil and water conservation practices;
       ``(ii) are for the purpose of maintenance, including 
     emergency reconstruction of recently damaged parts, of 
     currently serviceable structures such as dikes, dams, levees, 
     flood control channels or other engineered flood control 
     facilities, water control structures, water supply reservoirs 
     (where such maintenance involves periodic water level 
     drawdowns) which provide water predominantly to public 
     drinking water systems, groins, riprap, breakwaters, utility 
     distribution and transmission lines, causeways, and bridge 
     abutments or approaches, and transportation structures;
       ``(iii) are for the purpose of construction or maintenance 
     of farm, stock or aquaculture ponds, wastewater retention 
     facilities (including dikes and berms) that are used by 
     concentrated animal feeding operations, or irrigation canals 
     and ditches or the maintenance or reconstruction of drainage 
     ditches and tile lines;
       ``(iv) are for the purpose of construction of temporary 
     sedimentation basins on a construction site, or the 
     construction of any upland dredged material disposal area, 
     which does not include placement of fill material into the 
     navigable waters;
       ``(v) are for the purpose of construction or maintenance of 
     farm roads or forest roads, in accordance with best 
     management practices, to assure that flow and circulation 
     patterns and chemical and biological characteristics of the 
     waters are not impaired, that the reach of the waters is not 
     reduced, and that any adverse effect on the aquatic 
     environment will be otherwise minimized;
       ``(vi) are undertaken on farmed wetlands, except that any 
     change in use of such land for the purpose of undertaking 
     activities that are not exempt from regulation under this 
     subsection shall be subject to the requirements of this 
     section to the extent that such farmed wetlands are 
     `wetlands' under this section;
       ``(vii) are undertaken in incidentally created wetlands, 
     unless such incidentally created wetlands have exhibited 
     wetlands functions and values for more than 5 years in which 
     case activities undertaken in such wetlands shall be subject 
     to the requirements of this section; and
       ``(viii) are for the purpose of preserving and enhancing 
     aviation safety or are undertaken in order to prevent an 
     airport hazard.''.
       (g) Areas Not Considered To Be Navigable Waters.--Section 
     404(f) is further amended by adding the following:
       ``(3) Areas not considered to be navigable waters.--
       ``(A) In general.--For purposes of this section, the 
     following shall not be considered navigable waters:
       ``(i) Irrigation ditches excavated in uplands.
     [[Page H4669]]   ``(ii) Artificially irrigated areas which 
     would revert to uplands if the irrigation ceased.
       ``(iii) Artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and which are 
     used exclusively for stock watering, irrigation, or rice 
     growing.
       ``(iv) Artificial reflecting or swimming pools or other 
     small ornamental bodies of water created by excavating or 
     diking uplands to retain water for primarily aesthetic 
     reasons.
       ``(v) Temporary, water filled depressions created in 
     uplands incidental to construction activity.
       ``(vi) Pits excavated in uplands for the purpose of 
     obtaining fill, sand, gravel, aggregates, or minerals, unless 
     and until the construction or excavation operation is 
     abandoned and the resulting body of water meets the 
     definition of waters of the United States.
       ``(vii) Artificial stormwater detention areas and 
     artificial sewage treatment areas which are not modified 
     natural waters.
       ``(B) Demonstration required.--Subparagraph (A) shall not 
     apply to a particular water body unless the person desiring 
     to discharge dredged or fill material in that water body is 
     able to demonstrate that the water body qualifies under 
     subparagraph (A) for exemption from regulation under this 
     section.''.

     SEC. 808. TECHNICAL ASSISTANCE TO PRIVATE LANDOWNERS, 
                   CODIFICATION OF REGULATIONS AND POLICIES.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(u)(1) The Secretary and the Administrator shall in 
     cooperation with the United States Fish and Wildlife Service, 
     Natural Resources Conservation Service, and National Marine 
     Fisheries Service provide technical assistance to private 
     landowners in delineation of wetlands and the planning and 
     management of their wetlands. This assistance shall include--
       ``(A) the delineation of wetland boundaries within 90 days 
     (providing on the ground conditions allow) of a request for 
     such delineation for a project with a proposed individual 
     permit application under this section and a total assessed 
     value of less than $15,000; and
       ``(B) the provision of technical assistance to owners of 
     wetlands in the preparation of wetland
      management plans for their lands to protect and restore 
     wetlands and meet other goals of this Act, including 
     control of nonpoint and point sources of pollution, 
     prevention and reduction of erosion, and protection of 
     estuaries and lakes.
       ``(2) The Secretary shall prepare, update on a biannual 
     basis, and make available to the public for purchase at cost, 
     an indexed publication containing all Federal regulations, 
     general permits, and regulatory guidance letters relevant to 
     the permitting of activities in wetland areas pursuant to 
     section 404(a). The Secretary and the Administrator shall 
     also prepare and distribute brochures and pamphlets for the 
     public addressing--
       ``(A) the delineation of wetlands,
       ``(B) wetland permitting requirements; and
       ``(C) wetland restoration and other matters considered 
     relevant.''.

     SEC. 809. DELINEATION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(v) Delineation.--
       ``(1) In general.--The United States Army Corps of 
     Engineers, the United States Environmental Protection Agency, 
     and other Federal agencies shall use the 1987 Corps of 
     Engineers Manual for the Delineation of Jurisdictional 
     Wetlands pursuant to this section until a new manual has been 
     prepared and formally adopted by the Corps and the 
     Environmental Protection Agency with input from the United 
     States Fish and Wildlife Service, Natural Resources, Natural 
     Resources Conservation Service, and other relevant agencies 
     and adopted after field testing, hearing, and public comment. 
     Any new manual shall take into account the conclusions of the 
     National Academy of Sciences panel concerning the delineation 
     of wetlands. The Corps, in cooperation with the Environmental 
     Protection Agency and the Department of Agriculture, shall 
     develop materials and conduct training courses for 
     consultants, State, and local governments, and landowners 
     explaining the use of the Corps 1987 wetland manual in the 
     delineation of wetland areas. The Corps, in cooperation with 
     the Environmental Protection Agency and the Department of 
     Agriculture, may also, in cooperation with the States, 
     develop supplemental criteria and procedures for 
     identification of regional wetland types. Such criteria and 
     procedures may include supplemental plant and soil lists and 
     supplementary technical criteria pertaining to wetland 
     hydrology, soils, and vegetation.
       ``(2) Agricultural lands.--
       ``(A) Delineation by secretary of agriculture.--For 
     purposes of this section, wetlands located on agricultural 
     lands and associated nonagricultural lands shall be 
     delineated solely by the Secretary of Agriculture in 
     accordance with section 1222(j) of the Food Security Act of 
     1985 (16 U.S.C. 3822(j)).
       ``(B) Exemption of lands exempted under food security 
     act.--Any area of agricultural land or any discharge related 
     to the land determined to be exempt from the requirements of 
     subtitle C of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3821 et seq.) shall also be exempt from the 
     requirements of this section for such period of time as those 
     lands are used as agricultural lands.
       ``(C) Effect of appeal determination pursuant to food 
     security act.--Any area of agricultural land or any discharge 
     related to the land determined to be exempt pursuant to an 
     appeal taken pursuant to subtitle C of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3821 et seq.) shall be exempt 
     under this
      section for such period of time as those lands are used as 
     agricultural lands.''.

     SEC. 810. FAST TRACK FOR MINOR PERMITS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(w)(1) Not later than 6 months after the date of 
     enactment of this subsection, the Secretary shall issue 
     regulations to explore the review and practice of individual 
     permits for minor activities. Minor activities include 
     activities of 1 acre or less in size which also have minor 
     direct, secondary, or cumulative impacts.
       ``(2) Permit applications for minor permits shall 
     ordinarily be processed within 60 days of the receipt of 
     completed application.
       ``(3) The Secretary shall establish fast-track field teams 
     or other procedures in the individual offices sufficient to 
     expedite the processing of the individual permits involving 
     minor activities.''.

     SEC. 811. COMPENSATORY MITIGATION.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(x) General Requirements.--(1) Each permit issued under 
     this section that results in loss of wetland functions or 
     acreage shall require compensatory mitigation. The preferred 
     sequence of mitigation options is as set forth in 
     subparagraph (A) and (C). However, the Secretary shall have 
     sufficient flexibility to approve practical options that 
     provide the most protection to the resource--
       ``(A) measures shall first be undertaken by the permittee 
     to avoid any adverse effects on wetlands caused by activities 
     authorized by the permit.
       ``(B) measures shall be undertaken by the permittee to 
     minimize any such adverse effects that cannot be avoided;
       ``(C) measures shall then be undertaken by the permittee to 
     compensate for adverse impacts on wetland functions, values, 
     and acreage;
       ``(D) where compensatory mitigation is used, preference 
     shall be given to in-kind restoration on the same water body 
     and within the same local watershed;
       ``(E) where on-site and in-kind compensatory mitigation are 
     impossible, impractical, would fail to work in the 
     circumstances, or would not make ecological sense, off-site 
     and/or out-of-kind compensatory mitigation may be permitted 
     within the watershed including participation in cooperative 
     mitigation ventures or mitigation banks as provided in 
     section 404(y).
       ``(2) The Secretary in consultation with the Administrator 
     shall ensure that compensable mitigation by a permitee--
       ``(A) is a specific, enforceable condition of the permit 
     for which it is required;
       ``(B) will meet defined success criteria; and
       ``(C) is monitored to ensure compliance with the conditions 
     of the permit and to determine the effectiveness of the 
     mitigation in compensating for the adverse effects for which 
     it is required.''.

     SEC. 812. COOPERATIVE MITIGATION VENTURES AND MITIGATION 
                   BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(y)(1) Not later than 1 year after the date of the 
     enactment of this Act, the Secretary and the Administrator 
     shall jointly issue rules for a system of cooperative 
     mitigation ventures and wetland banks. Such rules shall, at 
     the minimum, address the following topics:
       ``(A) Mitigation banks and cooperative ventures may be used 
     on a watershed basis to compensate for unavoidable wetland 
     losses which cannot be compensated on-site due to inadequate 
     hydrologic conditions, excessive sedimentation, water 
     pollution, or other problems. Mitigation banks and 
     cooperative
      ventures may also be used to improve the potential success 
     of compensatory mitigation through the use of larger 
     projects, by locating projects in areas in more favorable 
     short-term and long-term hydrology and proximity to other 
     wetlands and waters, and by helping to ensure short-term 
     and long-term project protection, monitoring, and 
     maintenance.
       ``(B) Parties who may establish mitigation banks and 
     cooperative mitigation ventures for use in specific context 
     and for particular types of wetlands may include government 
     agencies, nonprofits, and private individuals.
       ``(C) Surveys and inventories on a watershed basis of 
     potential mitigation sites throughout a region or State shall 
     ordinarily be required prior to the establishment of 
     mitigation banks and cooperative ventures pursuant to this 
     section.
       ``(D) Mitigation banks and cooperative mitigation ventures 
     shall be used in a manner consistent with the sequencing 
     requirements to mitigate unavoidable wetland impacts. Impacts 
     should be mitigated within the watershed and water body if 
     possible with on-site mitigation preferable as set forth in 
     section 404(x).
       ``(E) The long-term security of ownership interests of 
     wetlands and uplands on which projects are conducted shall be 
     insured to protect the wetlands values associated with those 
     wetlands and uplands;
       ``(F) Methods shall be specified to determine debits by 
     evaluating wetland functions, values, and acreages at the 
     sites of proposed permits for discharges or alternations 
     pursuant to subsections (a), (c), and (g) and methods to be 
     used to determine credits based 
     [[Page H4670]] upon functions, values, and acreages at the 
     times of mitigation banks and cooperative mitigation 
     ventures.
       ``(G) Geographic restrictions on the use of banks and 
     cooperative mitigation ventures shall be specified. In 
     general, mitigation banks or cooperative ventures shall be 
     located on the same water body as impacted wetlands. If this 
     is not possible or practical, banks or ventures shall be 
     located as near as possible to impacted projects with 
     preference given to the same watershed where the impact is 
     occurring.
       ``(H) Compensation ratios for restoration, creation, 
     enhancement, and preservation reflecting and overall goal of 
     no net loss of function and the status of scientific 
     knowledge with regard to compensation
      for individual wetlands, risks, costs, and other relevant 
     factors shall be specified. A minimum restoration 
     compensation ratio of 1:1 shall be required for 
     restoration of lost acreage with larger compensation 
     ratios for wetland creation, enhancement and preservation.
       ``(I) Fees to be charged for participation in a bank or 
     cooperative mitigation venture shall be based upon the costs 
     of replacing lost functions and acreage on-site and off-site; 
     the risks of project failure, the costs of long-term 
     maintenance, monitoring, and protection, and other relevant 
     factors.
       ``(J) Responsibilities for long-term monitoring, 
     maintenance, and protection shall be specified.
       ``(K) Public review of proposals for mitigation banks and 
     cooperative mitigation ventures through one or more public 
     hearings shall be provided.
       ``(2) The Secretary, in consultation with the 
     Administrator, is authorized to establish and implement a 
     demonstration program for creating and implementing 
     mitigation banks and cooperative ventures and for evaluating 
     alternative approaches for mitigation banks and cooperative 
     mitigation ventures as a means of contributing to the goals 
     established by section 101(a)(8) or section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 401 and 403). The Secretary shall 
     also monitor and evaluate existing banks and cooperative 
     ventures and establish a number of such banks and cooperative 
     ventures to test and demonstrate:
       ``(A) The technical feasibility of compensation for lost 
     on-site values through off-site cooperative mitigation 
     ventures and mitigation banks.
       ``(B) Techniques for evaluating lost wetland functions and 
     values at sites for which permits are sought pursuant to 
     section 404(a) and techniques for determining appropriate 
     credits and debits at the sites of cooperative mitigation 
     ventures and mitigation banks.
       ``(C) The adequacy of alternative institutional 
     arrangements for establishing and administering mitigation 
     banks and cooperative mitigation ventures.
       ``(D) The appropriate geographical locations of bank or 
     cooperative mitigation ventures in compensation for lost 
     functions and values.
       ``(E) Mechanisms for ensuring short-term and long-term 
     project monitoring and maintenance.
       ``(F) Techniques and incentives for involving private 
     individuals in establishing and implementing mitigation banks 
     and cooperative mitigation ventures.
     Not later than 3 years after the date of the enactment of 
     this subsection, the Secretary shall transmit to Congress a 
     report evaluating mitigation banks and cooperative ventures. 
     The Secretary shall also, within this time period, prepare 
     educational materials and conduct training programs with 
     regard to the use of mitigation banks and cooperative 
     ventures.''.

     SEC. 813. WETLANDS MONITORING AND RESEARCH.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(z) The Secretary, in cooperation with the Administrator, 
     the Secretary of Agriculture, the Director of the United 
     States Fish and Wildlife Service, and appropriate State and 
     local government entities, shall initiate, with opportunity 
     for public notice and comment, a research program of wetlands 
     and watershed management. The purposes of the research 
     program shall include, but not be limited--
       ``(1) to study the functions, values and management needs 
     of altered, artificial, and managed wetland systems including 
     lands that were converted to production of commodity crops 
     prior to December 23, 1985, and report to Congress within 2 
     years of the date of the enactment of this subsection;
       ``(2) to study techniques for managing and restoring 
     wetlands within a watershed context;
       ``(3) to study techniques for better coordinating and 
     integrating wetland, floodplain, stormwater, point and 
     nonpoint source pollution controls, and water supply planning 
     and plan implementation on a watershed basis at all levels of 
     government; and
       ``(4) to establish a national wetland regulatory tracking 
     program on a watershed basis.

     This program shall track the individual and cumulative impact 
     of permits issued pursuant to section 404(a), 404(e), and 
     404(h) in terms of types of permits issued, conditions, and 
     approvals. The tracking program shall also include mitigation 
     required in terms of the amount required, types required, and 
     compliance.''.

     SEC. 814. ADMINISTRATIVE APPEALS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(aa) Administrative Appeals.--
       ``(1) Regulations establishing procedures.--Not later than 
     1 year after the date of the enactment of the Wetlands and 
     Watershed Management Act of 1995, the Secretary shall, after 
     providing notice and opportunity for public comment, issue 
     regulations establishing procedures pursuant to which--
       ``(A) a landowner may appeal a determination of regulatory 
     jurisdiction under this section with respect to a parcel of 
     the landowner's property;
       ``(B) a landowner may appeal a wetlands classification 
     under this section with respect to a parcel of the 
     landowner's property;
       ``(C) any person may appeal a determination that the 
     proposed activity on the landowner's property is not exempt 
     under subsection (f);
       ``(D) a landowner may appeal a determination that an 
     activity on the landowner's property does not qualify under a 
     general permit issued under this section;
       ``(E) an applicant for a permit under this section may 
     appeal a determination made pursuant to this section to deny 
     issuance of the permit or to impose a requirement under the 
     permit; and
       ``(F) a landowner or any other person required to restore 
     or otherwise alter a parcel of property pursuant to an order 
     issued under this section may appeal such order.
       ``(2) Deadline for filing appeal.--An appeal brought 
     pursuant to this subsection shall be filed not later than 30 
     days after the date on which the decision or action on which 
     the appeal is based occurs.
       ``(3) Deadline for decision.--An appeal brought pursuant to 
     this subsection shall be decided not later than 90 days after 
     the date on which the appeal is filed.
       ``(4) Participation in appeals process.--Any person who 
     participated in the public comment process concerning a 
     decision or action that is the subject of an appeal brought 
     pursuant to this subsection may participate in such appeal 
     with respect to those issues raised in the person's written 
     public comments.
       ``(5) Decisionmaker.--An appeal brought pursuant to this 
     subsection shall be heard and decided by an appropriate and 
     impartial official of the Federal Government, other than the 
     official who made the determination or carried out the action 
     that is the subject of the appeal.
       ``(6) Stay of penalties and mitigation.--A landowner or any 
     other person who has filed an appeal under this subsection 
     shall not be required to pay a penalty or perform mitigation 
     or restoration assessed under this section or section 309 
     until after the appeal has been decided.''.

     SEC. 815. CRANBERRY PRODUCTION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(bb) Cranberry Production.--Activities associated with 
     expansion, improvement, or modification of existing cranberry 
     production operations shall be deemed in compliance, for 
     purposes of sections 309 and 505, with section 301, if--
       ``(1) the activity does not result in the modification of 
     more than 10 acres of wetlands per operator per year and the 
     modified wetlands (other than where dikes and other necessary 
     facilities are placed) remain as wetlands or other waters of 
     the United States; or
       ``(2) the activity is required by any State or Federal 
     water quality program.''.

     SEC. 816. STATE CLASSIFICATION SYSTEMS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(cc) State Classification Systems.--
       ``(1) Guidelines.--Not later than 1 year after the date of 
     the enactment of this subsection, the Secretary, in 
     consultation with the Administrator, the Secretary of 
     Agriculture, and the Director of the United States Fish and 
     Wildlife Service, shall establish guidelines to aid States 
     and Indian tribes in establishing classification systems for 
     the planning, managing, and regulating of wetlands.
       ``(2) Establishment.--In accordance with the guidelines 
     established under paragraph (1), a State or Indian tribe may 
     establish a wetlands classification system for lands of the 
     State or Indian tribe and may submit such classification 
     system to the Secretary for approval. Upon approval, the 
     Secretary shall use such classification system in making 
     permit determinations and establishing mitigation 
     requirements for lands of the State or Indian tribe under 
     this section.
       ``(3) Limitation on statutory construction.--Nothing in 
     this subsection shall be construed to affect a State with an 
     approved program under subsection (h) or a State with a 
     wetlands classification system in effect on the date of the 
     enactment of this subsection.''.
     SEC. 817. DEFINITIONS.

       Section 502 (33 U.S.C. 1362) is amended by adding at the 
     end the following:
       ``(26) The term `wetland' means those areas that are 
     inundated or saturated by surface water or ground water at a 
     frequency and duration sufficient to support, and that under 
     normal circumstances do support, a prevalence of vegetation 
     typically adapted to life in saturated soil conditions.
       ``(27) The term `discharge of dredged or fill material' 
     means the act of discharging and any related act of filling, 
     grading, draining, dredging, excavation, channelization, 
     flooding, clearing of vegetation, driving of piling or 
     placement of other obstructions, diversion 
     [[Page H4671]] of water, or other activities in navigable 
     waters which impair the flow, reach, or circulation of 
     surface water, or which result in a more than minimal change 
     in the hydrologic regime, bottom contour, or configuration of 
     such waters, or in the type, distribution, or diversity of 
     vegetation in such waters.
       ``(28) The term `mitigation bank' shall mean wetland 
     restoration, creation, or enhancement projects undertaken 
     primarily for the purpose of providing mitigation 
     compensation credits for wetland losses from future 
     activities. Often these activities will be, as yet, 
     undefined.
       ``(29) The term `cooperative mitigation ventures' shall 
     mean wetland restoration, creation, or enhancement projects 
     undertaken jointly by several parties (such as private, 
     public, and nonprofit parties) with the primary goal of 
     providing compensation for wetland losses from existing or 
     specific proposed activities. Some compensation credits may 
     also be provided for future as yet undefined activities. Most 
     cooperative mitigation ventures will involve at least one 
     private and one public cooperating party.
       ``(30) The term `normal farming, silviculture, aquaculture 
     and ranching activities' means normal practices identified as 
     such by the Secretary of Agriculture, in consultation with 
     the Cooperative Extension Service for each State and the land 
     grant university system and agricultural colleges of the 
     State, taking into account existing practices and such other 
     practices as may be identified in consultation with the 
     affected industry or community.
       ``(31) The term `agricultural land' means cropland, 
     pastureland, native pasture, rangeland, an orchard, a 
     vineyard, nonindustrial forest land, an area that supports a 
     water dependent crop (including cranberries, taro, 
     watercress, or rice), and any other land used to produce or 
     support the production of an annual or perennial crop 
     (including forage or hay), aquaculture product, nursery 
     product, or wetland crop or the production of livestock.''.
                        TITLE IX--MISCELLANEOUS

     SEC. 901. OBLIGATIONS AND EXPENDITURES SUBJECT TO 
                   APPROPRIATIONS.

       No provision or amendments of this Act shall be construed 
     to make funds available for obligation or expenditure for any 
     purpose except to the extent provided in advance in 
     appropriation Acts.
                                H.R. 961

                         Offered By: Mr. Studds

       Amendment No. 50: Page 115, strike line 5 and all that 
     follows through line 3 on page 117 and insert the following:
       (n) Amendments to Coastal Zone Act Reauthorization 
     Amendments of 1990.--Section 6217 of the Coastal Zone Act 
     Reauthorization Amendments of 1990 (16 U.S.C. 1451 note) is 
     amended--
       (1) in subsection (a)(1)--
       (A) by inserting ``(A)'' after ``Program development.--''; 
     and
       (B) by adding at the end the following:
       ``(B) A State that has not received Federal approval for 
     the State's core coastal management program pursuant to 
     section 306 of the Coastal Zone Management Act of 1972 (16 
     U.S.C. 1455) shall have 30 months from the date of approval 
     of such program to submit a Coastal Nonpoint Pollution 
     Program pursuant to this section. Any such State shall also 
     be eligible for any extension of time for submittal of the 
     State's nonpoint program that may be received by a State with 
     a federally approved coastal management program.'';
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``to protect coastal waters generally'' and 
     inserting ``to restore and protect coastal waters where the 
     State has determined that coastal waters are threatened or 
     significantly degraded'';
       (3) in subsection (b)(3)--
       (A) by striking ``The implementation'' and inserting ``A 
     schedule for the implementation''; and
       (B) by inserting ``, and no less often than once every 5 
     years,'' after ``from time to time'';
       (4) in subsection (b) by adding at the end the following:
       ``(7) Identification of priority areas.--A prioritization 
     of the areas in the State in which management measures will 
     be implemented.'';
       (5) in subsection (c) by adding at the end the following:
       ``(5) Conditional approval.--The Secretary and 
     Administrator may grant conditional approval to a State's 
     program where the State requests additional time to complete 
     the development of its program. During the period during 
     which the State's program is subject to conditional approval, 
     the penalty provisions of paragraphs (3) and (4) shall not 
     apply.'';
       (6) in subsection (h)(1) by striking ``, 1993, and 1994'' 
     and inserting ``through 2000''; and
       (7) in subsection (h)(2)(B)(iv) by striking ``fiscal year 
     1995'' and inserting ``each of fiscal years 1995 through 
     2000''.
                                H.R. 961

                          Offered By: Mr. Tate

       Amendment No. 51: Insert the following new section into 
     H.R. 961:

     SEC.   . FEDERAL POWER ACT PART I PROJECTS.

       Section 511(a) of the Federal Water Pollution Control Act 
     (33 U.S.C. Sec. 1371) is amended by adding after ``subject to 
     section 10 of the Act of March 3, 1899,'' the following, and 
     by renumbering the remaining paragraph accordingly:
       ``(3) applying to hydropower projects within the 
     jurisdiction of the Federal Energy Regulatory Commission or 
     its successors under the authority of Part I of the Federal 
     Power Act (16 U.S.C. Sec. Sec. 791 et seq.); except that 
     State water quality agencies may submit recommendations 
     pursuant to this Act to the Commission as to those projects 
     and the Commission shall consider those recommendations along 
     with other agency recommendations under the comprehensive 
     public interest licensing standard set out in section 10(a) 
     of the Federal Power Act (16 U.S.C. Sec. 803(a));''.

                                H.R. 961

                       Offered By: Mr. Traficant

       Amendment No. 52: Page 35, after line 23, insert the 
     following:
       ``(2) Limitation.--The Administrator or a State may extend 
     the deadline for point source compliance and encourage the 
     development and use of an innovative pollution prevention 
     technology under paragraph (1) only if the technology, to the 
     greatest extent possible, is produced in the United States.
       Page 35, line 24, strike ``(2)'' and insert ``(3)''.
       Page 35, line 7, strike ``(3)'' and insert ``(4)''.
       Page 35, line 18, strike ``(4)'' and insert ``(5)''.

                                H.R. 961

                       Offered By: Mr. Traficant

       Amendment No. 53: Page 216, line 12, strike ``521'' and 
     insert ``522''.
       Page 217, line 7, strike ``521'' and insert ``522''.
       Page 219, after line 18, insert the following:

     SEC. 512. AMERICAN-MADE EQUIPMENT AND PRODUCTS.

       Title V (33 U.S.C. 1361-1377) is further amended by 
     inserting before section 522, as redesignated by section 510 
     of this Act, the following:

     ``SEC. 521. AMERICAN-MADE EQUIPMENT AND PRODUCTS.

       ``(a) Purchase of American-Made Equipment and Products.--It 
     is the sense of Congress that, to the greatest extent 
     practicable, all equipment and products purchased with funds 
     made available under this Act should be American-made.
       ``(b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Administrator, to 
     the greatest extent practicable, shall provide to each 
     recipient of the assistance a notice describing the sense of 
     Congress expressed by subsection (a).''
       Conform the table of contents of the bill accordingly.
                                H.R. 961

                       Offered By: Mr. Visclosky

       Amendment No. 54: Page 82, after line 21, insert the 
     following:
       (c) National Clean Water Trust Fund.--Section 309 (33 
     U.S.C. 1319) is further amended by adding at the end the 
     following:
       ``(i) National Clean Water Trust Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     a National Clean Water Trust Fund (hereinafter in this 
     subsection referred to 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 1996, and each 
     fiscal year thereafter, the Secretary of the Treasury shall 
     transfer, to the extent provided in advance in appropriations 
     Acts, 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 moneys obtained through enforcement 
     actions conducted pursuant to this section and section 
     505(a)(1), including moneys obtained under consent decrees 
     and excluding any amounts ordered to be used to carry out 
     mitigation projects under this section or section 505(a), as 
     the case may be.
       ``(3) Investment of amounts.--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. Such 
     obligations shall be acquired and sold and interest on, and 
     the proceeds from the sale or redemption of, such obligations 
     shall be credited to the Fund in accordance with the 
     requirements of 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 damages resulting 
     from violations of this Act which are subject to enforcement 
     actions under this section and similar damages 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 restore and recover waters of the United States 
     from damages described in paragraph (4), if an enforcement 
     action conducted pursuant to this section or section 
     505(a)(1) against such violation, or another violation in the 
     same administrative region of the Environmental Protection 
     Agency as such violation, resulted in amounts being deposited 
     in the general fund of the Treasury.
     [[Page H4672]]   ``(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 damages described in paragraph (4), 
     the Administrator shall, in the case of a priority project 
     under 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
      such violation pursuant to this section or section 
     505(a)(1).
       ``(6) Implementation.--The Administrator may carry out a 
     project under this subsection either directly or by making 
     grants to, or entering into contracts with, the Secretary of 
     the Army 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 transmit to Congress a 
     report on implementation of this subsection.''.
       (d) Use of Civil Penalties for Mitigation Projects.--
       (1) In general.--Section 309(d) (33 U.S.C. 1319(d)) is 
     amended by inserting after the second sentence the following: 
     ``The court may, in the court's discretion, order that a 
     civil penalty be used for carrying out mitigation projects 
     which are consistent with the purposes of this Act and which 
     enhance the public health or environment.''.
       (2) Conforming amendment.--Section 505(a) (33 U.S.C. 
     1365(a)) is amended by inserting before the period at the end 
     of the last sentence the following: ``, including ordering 
     the use of a civil penalty for carrying out mitigation 
     projects in accordance with section 309(d)''.

                                H.R. 961

                         Offered By: Mr. Wyden

       Amendment No. 55: Page 251, after line 2, insert the 
     following:
       ``(C) Prevention of reduction in fair market value of 
     private homes.--No compensation shall be made under this 
     section with respect to an agency action that prevents or 
     restricts any activity that is likely to result in a total 
     reduction in the fair market value of one or more private 
     homes of $10,000 or more.
       Page 315, after line 15, insert the following:
       ``(K) Private home.--The term `private home' means any 
     owner occupied dwelling, including any multi-family dwelling 
     and any condominium.
       Page 315, line 16, strike ``(K)'' and insert ``(L)''.
       Page 315, line 19, strike ``(L)'' and insert ``(M)''.
       Page 315, line 21, strike ``(M)'' and insert ``(N)''.
       Page 316, line 14, strike ``(N)'' and insert ``(O)''.

                                H.R. 961

                    Offered By: Mr. Young of Alaska

       Amendment No. 56: On page 72, after line 10, insert the 
     following:
       ``(e) Secondary Treatment Standards.--Subsection 301(h) (33 
     U.S.C. 1311(h)) is amended by striking `of the biological 
     oxygen demanding material and'''.
Vol. 141            WASHINGTON, TUESDAY, MAY 9, 1995             No. 76
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                                 Senate


                (Legislative day of Monday, May 1, 1995)