[Senate Report 106-366]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 743
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-366

======================================================================





 
    BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed, under authority of the order of the Senate of July 26, 2000

                                _______
                                

   Mr. Smith of New Hampshire, from the Committee on Environment and 
                 Public Works, submitted the following

                              R E P O R T

                         [to accompany S. 522]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred a bill (S. 522) to amend the Federal Water Pollution 
Control Act to improve the quality of beaches and coastal 
recreation water, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                    General Statement and Background

    The Federal Water Pollution Control Act of 1972 (``Clean 
Water Act'') was enacted ``to restore and maintain the 
chemical, physical and biological integrity of the Nation's 
waters.'' There is a broad consensus that the Act has been 
largely successful. From an environmental perspective, the 
Clean Water Act has been directly responsible for removing more 
than a billion pounds of toxic chemicals per year and over 16 
billion pounds of oxygen-depleting pollution from wastewater 
each year. At the same time, however, it is clear that there is 
more work to be done. In particular, coastal waters in some 
areas still do not met water quality standards, especially in 
areas near pollution sources after a heavy rainfall. In recent 
years, where water quality is monitored, pollution has caused 
closures or advisories on thousands of occasions at coastal 
beaches nationwide, while countless other beaches were not 
monitored at all. While monitoring data have shown that beach 
pollution is usually infrequent and confined to limited areas, 
additional measures to address this ongoing problem are 
warranted.
    The public health risks from swimming in polluted coastal 
waters continue to be serious. The U.S. Environmental 
Protection Agency's (EPA's) research has found that contact 
with contaminated water can lead to gastrointestinal disorders 
and ear or skin infections, and inhalation of contaminated 
water can cause respiratory diseases. The pathogens responsible 
for these diseases can be bacteria, viruses, protozoans, fungi, 
or parasites. Public health risks are especially of concern to 
sensitive subpopulations who are particularly vulnerable.
    Improving water quality at our nation's beaches, as well as 
implementing monitoring and public notification programs, will 
benefit all Americans who have a right to expect that they can 
safely swim in the water. In the United States, over half the 
population lives near a coastal area; the great majority of 
Americans visit coastal areas to participate in recreational 
activities. It is estimated that coastal recreation, and the 
related tourism industry, together serve 180 million Americans, 
support 28.3 million jobs, and generate billions of dollars in 
goods and services every year.
    Water quality criteria are established by the Environmental 
Protection Agency under Section 303 of the Clean Water Act. EPA 
regulations implementing Section 303 require States to adopt 
sufficient criteria and monitoring in their standards to 
protect designated uses. The States may adopt the Federal 
criteria as their own, may modify the Federal criteria to 
reflect site-specific conditions, or may base their water 
quality criteria on other scientifically defensible methods.
    The data supporting EPA's water quality criteria for 
coastal recreation waters were obtained from a series of 
research studies conducted by EPA examining the relationship 
between swimming-associated illness and the microbiological 
quality of the waters used by recreational bathers. EPA's 
current criteria for detecting pathogens in coastal recreation 
waters, established in 1986, require that States collect at 
least 5 samples of the indicator organism enterococcus, and 
that the samples be equally spaced over a 30-day period. 
According to EPA's criteria, the geometric mean of the 
enterococcus densities should not exceed 35 per 100 
milliliters.
    Currently, many States have established water quality 
standards and have programs in place to monitor coastal beaches 
and ensure protection of public health. However, differences in 
the standards and the level of monitoring effort among the 
States raise questions about the ability to ensure that all 
coastal waters are safe for recreational activities and 
fishing. For example, only 15 States have adopted EPA's 1986 
criteria for pathogens disease causing microorganisms , such as 
bacteria or fungus, that are the leading cause of beach 
closures or advisories.
    Moreover, EPA's 1986 criteria need to be updated to improve 
the scientific basis for identifying pathogens in coastal 
waters. Similarly, monitoring programs vary dramatically. 
Coastal water quality monitoring is now being conducted by the 
National Oceanic and Atmospheric Administration (NOAA), EPA, 
and the United States Geological Survey (USGS), as well as 
several States and local community organizations. Greater 
consistency and coordination is necessary. In addition, 
citizens must have access to better information about the water 
quality of coastal waters and the status of beaches. A number 
of States have developed programs to notify the public when 
water quality standards are exceeded, but these too vary widely 
at the local level. EPA has established an electronic data base 
of coastal water quality, but does not provide comprehensive 
information about the quality of all our coastal recreation 
waters.
    Coastal water quality should be an important consideration 
at all beaches used by the public. Many beaches with heavy 
public use are under the jurisdiction of Federal agencies, such 
as the National Park Service, however, there is no requirement 
that the Federal Government monitor these beaches for pathogens 
nor notify the public when water quality standards are 
exceeded.
    The Beaches Environmental Assessment and Coastal Health Act 
of 2000 addresses these issues.

                       Objectives of Legislation

    This legislation makes several significant changes to the 
Clean Water Act to address the lack of adoption by some States 
and Federal agencies of EPA's water quality criteria for 
pathogen and pathogen indicators, the need to develop better 
scientific data to improve water quality criteria, to provide 
greater consistency among State monitoring and notification 
programs, and to improve water quality monitoring and 
notification efforts by Federal agencies over their coastal 
waters.
    First, the legislation addresses the problem of 
inconsistent State water quality standards by requiring all 
States with coastal waters to incorporate water quality 
criteria for pathogens and pathogen indicators into their 
coastal water quality standards no later than 42 months after 
enactment. As with other water quality criteria established by 
EPA, these water quality criteria for pathogen and pathogen 
indicators must be at least as protective of human health as 
EPA's water quality criteria. EPA must propose water quality 
criteria and standards for the State if the State fails to meet 
this deadline.
    Second, the legislation addresses the need for EPA to 
update water quality criteria, and for the States to adopt 
these criteria as standards, for pathogens and pathogen 
indicators in coastal recreation waters as new scientific 
information becomes available. The legislation requires EPA to 
conduct studies of new pathogens and pathogen indicators in 
consultation and cooperation with other Federal, State, tribal, 
and local agencies to develop and to issue any new or revised 
criteria guidance for the States within 5 years of completion 
of these studies. States are given 36 months to incorporate 
these updated criteria into their water quality standards.
    Third, the legislation addresses the inconsistency and, in 
some cases, a complete lack of State coastal water quality 
monitoring programs. The bill requires EPA to propose 
performance criteria for monitoring and assessing coastal 
recreational water quality, as well as criteria for 
notification of the public when water quality standards are 
exceeded. EPA must consult and cooperate with Federal, State, 
tribal and local officials in developing the performance 
criteria. States and in some cases, local governments may 
receive grants to develop and implement coastal water quality 
monitoring programs consistent with the performance criteria.
    Finally, the legislation addresses the need for consistent 
beach water quality notification programs and improved 
information for the potential beach visitors. States and local 
governments that receive grants under this bill would be 
required to report information on beach water quality to the 
Administrator. The EPA would then make this information 
available to the public through a central data base. The 
information may be made available electronically.

                      Section-By-Section Analysis

Section 1. Short Title
    Section 1 designates the bill as the ``Beaches 
Environmental Assessment and Coastal Health Act of 2000.''
Sec. 2. Adoption of Coastal Recreation Water Quality Criteria and 
        Standards By States
    Section 2 amends Section 303 of the Clean Water Act by 
adding a new subsection (i) to require States to: (1) adopt 
coastal recreation water quality criteria published by EPA to 
protect human health from pathogens; and (2) incorporate these 
criteria into State standards in accordance with the 
requirements of section 303(c) no later than 42 months after 
the date of enactment. This section also provides States up to 
36 months to adopt into their State water quality standards any 
new or revised criteria for pathogens and pathogen indicators 
in coastal recreational waters. If the State fails to adopt the 
criteria in accordance with this section, the EPA will promptly 
propose regulations setting forth revised or new water quality 
standards for pathogens and pathogen indicators for coastal 
recreation waters of the State.
    These provisions are consistent with the applicable 
requirements of the Clean Water Act and specifically section 
303(c) and the regulations implementing that section. States 
must incorporate into their water quality standards, water 
quality criteria for pathogens and pathogen indicators that are 
at least as protective of human health as criteria EPA 
publishes under section 304(a). The State's criteria may be as 
protective as those of EPA without being numerically 
equivalent. However, if a State adopts criteria differing from 
those published by EPA, the State has a duty to defend the 
criteria from a scientific perspective. EPA's approval or 
disapproval of the criteria is based upon the information 
provided by the State.
Sec. 3. Revisions to Water Quality Criteria Guidance
    Section 3 amends Section 104 of the Clean Water Act to add 
a subsection (v) to require EPA to conduct studies to improve 
the scientific basis for water quality criteria for pathogen 
and pathogen indicators, and to provide guidance to States on 
the application of criteria for pathogens and pathogen 
indicators to account for the diversity of geographic and 
aquatic conditions. The EPA must initiate the study within 18 
months after enactment of this subsection and complete it no 
later than 3 years after enactment of this subsection.
    Section 3 also amends section 304(a) of the Clean Water Act 
to require EPA to issue any new or revised water quality 
criteria for pathogens and pathogen indicators based on 
research within 5 years of enactment of this bill.
Sec. 4. Coastal Recreation Water Quality Monitoring and Notification
    Section 4 amends title IV of the Clean Water Act to add a 
new section 406 to establish a coastal recreation water 
monitoring and notification program for States. Section 406(a) 
requires EPA to publish performance criteria to assist States 
in establishing monitoring programs for coastal recreation 
waters that are used by the public. The performance criteria 
should also establish procedures for notifying the public, 
local governments, and the Administrator of any exceedances of, 
or likelihood of any exceedances of, applicable water quality 
standards. Section 406(a) directs EPA to consult and cooperate 
with Federal, State, tribal and local officials in developing 
the performance criteria.
    EPA may, for example, hold regional workshops with State 
and local government officials to solicit information on how 
the public health protection objectives of the Act can be met 
in a manner which take into account the diversity of conditions 
and circumstances among and within States.
    The monitoring and notification programs will not be the 
same for all coastal recreation areas. The programs will be 
tailored to meet local needs and conditions. Thus, the 
performance criteria should be viewed as guidance to the States 
on what to include in monitoring and notification programs.
    Section 406(b) authorizes EPA to make grants to States and 
local governments of up to 100 percent of the costs of 
developing and implement monitoring and notification programs 
that meet the performance criteria established under subsection 
(a). Section 406(b)(3)(B) authorizes EPA to make grants to 
local governments if a State does not submit a grant 
application for a program that meets the requirements of 
subsections (a) and (c) during the 1 year period beginning on 
the date of publication of the performance criteria.
    In some cases a grant will not be sufficient to assist a 
State or local government in conducting monitoring and 
notification for all of the coastal recreational waters under 
its jurisdiction. Therefore, the bill directs States and local 
governments to prioritize the use of funds in those coastal 
recreational waters that present the greatest risk to human 
health. The States should place greater emphasis on those areas 
where bathing water quality standards are more likely to be 
exceeded, and where use by the public is heavily concentrated. 
The EPA may propose guidance for States to use in prioritizing 
monitoring and notification funding based on the greatest risk 
to human health.
    Section 406(b) requires that upon receipt of a grant, 
States submit to EPA data gathered as part of the monitoring 
and notification program and to identify each local government 
to which the State has delegated or intends to delegate 
responsibility for implementing a monitoring and notification 
program. EPA is authorized to require a cost share from the 
States of up to 50 percent. The Administrator, in consultation 
with the State, tribal and local governmental representative 
determines cost share requirements. In certain situations, such 
as the early stages of a program, it may be appropriate for EPA 
to award a large percentage, up to 100 percent, to some States.
    Section 406(c) requires State or local grant recipients to 
provide EPA with the following information: a list of coastal 
recreation waters that are used by the public; an explanation 
of the process by which the States may delegate to local 
governments; a description of the frequency and location of 
monitoring; methods and assessment procedures used to detect 
and analyze pathogens and pathogen indicators; measures for 
prompt communication to the Administrator and designated local 
officials of the local government of any exceedances or 
likelihood of exceedances; measures for the posting of signs or 
other functionally equivalent communication measures; and 
measures that inform the public of the potential risks 
associated with activities in areas exceeding water quality 
standards. States and local governments are encouraged to use 
innovative public notification methods.
    Section 406(d) directs each Federal agency with 
jurisdiction over coastal recreation waters open to the public 
to implement a monitoring and notification program that is 
consistent with the performance criteria established by EPA 
under subsection (a) and that protects public health and 
safety.
    Section 406(e) requires EPA to establish and maintain a 
publicly available data base of information provided by the 
States about the local beach health incidents and conditions. 
Such information would include only information provided by the 
States about their beach monitoring programs, such as any 
exceedances of coastal water quality standards, the frequency 
of monitoring, and the number of advisories and closings. EPA 
is expected to maintain this information on the Internet.
    Section 406(f) directs EPA to provide technical assistance 
to States and local governments on assessment and monitoring 
procedures for floatable materials in coastal recreation 
waters.
    Section 406(g) requires EPA to maintain a publicly 
available list of discrete coastal recreation waters that are 
subject to State and local monitoring and notification 
programs, as well as those coastal recreation waters that do 
not have monitoring and notification programs. EPA should 
clearly identify in the lists those coastal recreation waters 
that have been determined not to need a monitoring program to 
protect public health and safety. In developing these lists, 
EPA should use reliable information provided by the States, 
local governments, other Federal agencies or other persons, as 
well as any information developed by the Agency.
    Section 406(h) directs EPA to conduct a monitoring and 
notification program if a State or local government fails to do 
so, to the extent funds are available from the funds provided 
in Section 406(i). EPA must apply the same prioritization as 
would be required of the State under subsection (b)(2).
    Section 406(i) authorizes $30,000,000 a year for fiscal 
years 2001 through 2005 for grants to States, tribes and local 
governments to implement monitoring and notification programs, 
or to EPA for implementation if a State, tribe, or local 
government fails to act.
Sec. 5. Definitions
    Section 5 amends section 502 of the Clean Water Act to add 
definitions for ``coastal recreation waters,'' ``floatable 
materials,'' and ``pathogen indicators.'' The term ``coastal 
recreation waters'' includes only the Great Lakes and marine 
coastal waters that are adjacent to the coastline of the United 
States. It does not include waters that extend beyond the mouth 
of any river or stream having unimpaired natural connection 
with the open sea. Floatable materials are defined as any 
foreign matter that may float or remain suspended in the water 
column, including plastic, aluminum cans, wood products, 
bottles and paper products. Pathogen indicators is defined as a 
substance that indicates the potential for human infectious 
disease.
Sec. 6. Indian Tribes
    Section 6 amends section 518(e) of the Clean Water Act by 
striking ``and 404'' and inserting ``404 and 406.'' This 
extends the authority of the Administrator to treat an Indian 
tribe as a State to the new Section 406, added by this bill.
Sec. 7. Report
    Section 7 requires EPA to report to Congress on 
recommendations for additional water quality criteria guidance 
for pathogens, the progress achieved by this Act, and 
recommendations for improvements to the monitoring program. 
Such reporting is required within 4 years of enactment, and 
again within 4 years thereafter. The Administrator may 
coordinate the report with other reporting requirements under 
the Clean Water Act.
Sec. 8. Authorization of Appropriations
    Section 8 authorizes such sums as may be necessary for EPA 
to carry out the provisions of this Act, other than for the 
grant program authorized in new section 406 of the Clean Water 
Act.

                           Regulatory Impact

    Section 11(b) of rule XXVI of the Standing Rules of the 
Senate requires publication in the report the committee's 
estimate of the regulatory impact made by the bill as reported. 
No regulatory impact is expected by the passage of this bill.
    The bill will not affect the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee makes the following 
evaluation of the Federal mandates contained in the reported 
bill.
    S. 522 imposes no Federal intergovernmental mandates on 
State, local or tribal governments.

                          Legislative History

    On March 3, 1999, Senator Frank R. Lautenberg introduced S. 
522, the ``Beaches Environment Assessment, Closure, and Health 
Act of 2000,'' a bill to amend the Federal Water Pollution 
Control Act to improve the quality of beaches and coastal 
recreation water, and for other purposes. On July 22, 1999, the 
Committee on the Environment and Public Works held a hearing on 
S. 522. On April 13, 2000, the Committee on the Environment and 
Public Works held a business meeting to consider S. 522 and 
H.R. 999, similar legislation passed by the House of 
Representatives on April 22, 1999 and referred to the Committee 
on Environment and Public Works. During consideration of the 
bills, the committee ordered reported S. 522, as amended by a 
manager's amendment in the nature of a substitute, and H.R. 
999, by voice vote.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 2, 2000.

Hon. Robert C. Smith, Chairman,
Committee on Environment and Public Works,
U.S. Senate, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared 
the enclosed cost estimate for S. 522, the Beaches 
Environmental Assessment and Coastal Health Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Susanne S. 
Mehlman (for Federal costs), who can be reached at 226-2860, 
and Victoria Held Hall (for the State and local impact), who 
can be reached at 225-3220.
            Sincerely,
                                            Dan L. Crippen.
                              ----------                              


               Congressional Budget Office Cost Estimate

S. 522, Beaches Environmental Assessment and Coastal Health Act of 
        2000, as ordered reported by the Senate Committee on 
        Environment and Public Works on April 13, 2000
Summary
    S. 522 would amend the Federal Water Pollution Control Act 
to require States to adopt water quality criteria for coastal 
recreation waters consistent with those developed by the 
Environmental Protection Agency (EPA) for the purpose of 
protecting human health in coastal recreation waters (beaches). 
The bill would authorize EPA to provide new grants to State and 
local governments of $30 million annually over the 2001-2005 
period to implement programs to monitor the quality of coastal 
waters and to notify the public when water quality does not 
meet the established standards. In addition, the legislation 
would require EPA to issue new water quality criteria for 
recreational coastal areas based on studies of potential human 
health risks in these areas, make available to the public data 
on the water quality at coastal recreational areas, and report 
to the Congress on the efforts made under this program.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 522 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on State, local, or tribal governments.
Estimated Cost to the Federal Government
    The estimated budgetary impact of S. 522 is shown in the 
following table. The costs of this legislation fall within 
budget function 300 (natural resources and environment).


                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                SPENDING SUBJECT TO APPROPRIATION
Spending Under Current Law
    Budget Authority\1\.........................................       1       0       0       0       0       0
    Estimated Outlays...........................................       1       0       0       0       0       0
Proposed Changes
    Estimated Authorization Level...............................       0      34      34      34      34      34
    Estimated Outlays...........................................       0      19      28      34      34      34
Spending Under S. 522
    Estimated Authorization Level\1\............................       1      34      34      34      34      34
    Estimated Outlays...........................................       1      19      28      34      34      34
----------------------------------------------------------------------------------------------------------------
\1\The 2000 level is the amount appropriated for that year.

Basis of Estimate
    For purposes of this estimate, CBO assumes that the bill 
will be enacted before the start of fiscal year 2001 and that 
the full amounts authorized will be appropriated for each 
fiscal year. Outlays have been estimated based on historical 
spending patterns of similar EPA programs.
    The bill authorizes the appropriation of $30 million 
annually for grants to States to implement programs to monitor 
and report on water quality at beaches. Based on information 
from EPA, CBO estimates that the agency would incur additional 
costs of about $4 million annually over the 2001-2005 period to 
study health hazards in coastal recreational waters, establish 
new water quality criteria for these waters, develop a national 
database on pollution of beaches, and report to the Congress on 
the effectiveness of this program.

Pay-As-You-Go Considerations: None.
Intergovernmental and Private-Sector Impact
    S. 522 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on State, local, or tribal 
governments. While the bill would require States to establish 
acceptable water quality standards for coastal areas, States 
could choose not to establish these standards and EPA would do 
it for them. The bill would authorize $30 million annually from 
2001 through 2005 for State and local governments to implement 
eligible monitoring and notification programs. If they choose 
not to implement these programs, EPA would be directed to use 
the remaining money authorized by this bill to provide those 
programs for them. Any costs incurred by State and local 
governments to implement these programs would be voluntary and 
a condition of receiving grant assistance.
Previous CBO Estimate
    On April 19, 1999, CBO transmitted a cost estimate for H.R. 
999, the Beaches Environmental Assessment, Cleanup, and Health 
Act of 1999, as ordered reported by the House Committee on 
Transportation and Infrastructure on April 15, 1999. While S. 
522 and H.R. 999 are not identical, they are very similar. The 
estimated costs of the two bills are the same, though S. 522 
updates the authorization period to cover 2001 through 2005.

Estimate Prepared by: Federal Costs: Susanne S. Mehlman (226-
2860); Impact on State, Local, and Tribal Governments: Victoria 
Held Hall (225-3220); Impact on the Private Sector: Jean 
Wooster (226-2940).

Estimate Approved by: Robert A. Sunshine Assistant Director for 
Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:
                              ----------                              


                  Federal Water Pollution Control Act

                        (33 U.S.C. 1251 et seq.)

          [As Amended Through P.L. 105-394, November 13, 1998]

AN ACT To provide for water pollution control activities in the Public 
Health Service of the Federal Security Agency and in the Federal Works 
Agency, and for other purposes.

           *       *       *       *       *       *       *


          research, investigations, training, and information

      Sec. 104. (a) * * *

           *       *       *       *       *       *       *

    (v) Studies Concerning Pathogen Indicators in Coastal 
Recreation Waters.--Not later than 18 months after the date of 
enactment of this subsection, after consultation and in 
cooperation with appropriate Federal, State, tribal, and local 
officials (including local health officials), the Administrator 
shall initiate, and, not later than 3 years after the date of 
enactment of this subsection, shall complete, in cooperation 
with the heads of other Federal agencies, studies to provide 
additional information for use in developing--
            (1) an assessment of potential human health risks 
        resulting from exposure to pathogens in coastal 
        recreation waters, including nongastrointestinal 
        effects;
            (2) appropriate and effective indicators for 
        improving detection in a timely manner in coastal 
        recreation waters of the presence of pathogens that are 
        harmful to human health;
            (3) appropriate, accurate, expeditious, and cost-
        effective methods (including predictive models) for 
        detecting in a timely manner in coastal recreation 
        waters the presence of pathogens that are harmful to 
        human health; and
            (4) guidance for State application of the criteria 
        guidance for pathogens and pathogen indicators to be 
        published under section 304(a)(9) to account for the 
        diversity of geographic and aquatic conditions.

(33 U.S.C. 1254)

           *       *       *       *       *       *       *


            Water quality standards and implementation plans

      Sec. 303. (a)(1) * * *

           *       *       *       *       *       *       *

    (i) Coastal Recreation Water Quality Criteria.--
            (1) Adoption by states.--
                    (A) Initial criteria and standards.--Not 
                later than 42 months after the date of 
                enactment of this subsection, each State having 
                coastal recreation waters shall adopt and 
                submit to the Administrator water quality 
                criteria and standards for the coastal 
                recreation waters of the State for those 
                pathogens and pathogen indicators for which the 
                Administrator has published criteria guidance 
                under section 304(a).
                    (B) New or revised criteria and 
                standards.--Not later than 36 months after the 
                date of publication by the Administrator of new 
                or revised water quality criteria under section 
                304(a)(9), each State having coastal recreation 
                waters shall adopt and submit to the 
                Administrator new or revised water quality 
                standards for the coastal recreation waters of 
                the State for all pathogens and pathogen 
                indicators to which the new or revised water 
                quality criteria guidance is applicable.
            (2) Failure of states to adopt.--
                    (A) In general.--If a State fails to adopt 
                water quality criteria and standards in 
                accordance with paragraph (1), the 
                Administrator shall promptly propose 
                regulations described in subparagraph (A) or 
                (B) of that paragraph for the State setting 
                forth revised or new water quality standards 
                for pathogens and pathogen indicators for 
                coastal recreation waters of the State.
                    (B) Exception.--If the Administrator 
                proposes regulations described in subparagraph 
                (A) under section 303(c)(4)(B), the 
                Administrator shall publish any revised or new 
                standard under this section not later than 36 
                months after the date of publication of the new 
                or revised water quality criteria under section 
                304(a)(9).
            (3) Applicability.--Except as expressly provided by 
        this subsection, the requirements and procedures of 
        subsection (c) apply to this subsection, including the 
        requirement in subsection (c)(2)(A) that the criteria 
        protect public health and welfare.

(33 U.S.C. 1313)

                       information and guidelines

      Sec. 304. (a)(1) * * *

           *       *       *       *       *       *       *

            (9) Revised criteria guidance for coastal 
        recreation waters.--
                    (A) In general.--Not later than 5 years 
                after the date of enactment of this paragraph, 
                after consultation and in cooperation with 
                appropriate Federal, State, tribal, and local 
                officials (including local health officials), 
                the Administrator shall publish new or revised 
                water quality criteria guidance for pathogens 
                and pathogen indicators (including a revised 
                list of testing methods, as appropriate), based 
                on the results of the studies conducted under 
                section 104(v), for the purpose of protecting 
                human health in coastal recreation waters.
                    (B) Reviews.--Not later than the date that 
                is 5 years after the date of publication of 
                water quality criteria guidance under this 
                paragraph, and at least once every 5 years 
                thereafter, the Administrator shall review and, 
                as necessary, revise the water quality criteria 
                guidance.

           *       *       *       *       *       *       *


(33 U.S.C. 1314)

           *       *       *       *       *       *       *


SEC. 406. COASTAL RECREATION WATER QUALITY MONITORING AND NOTIFICATION.

    (a) Monitoring and Notification.--
            (1) In general.--Not later than 18 months after the 
        date of enactment of this section, after consultation 
        and in cooperation with appropriate Federal, State, 
        tribal, and local officials (including local health 
        officials), and after providing public notice and an 
        opportunity for comment, the Administrator shall 
        publish performance criteria that provide for--
                    (A) monitoring and assessment (including 
                specifying available methods for monitoring) of 
                coastal recreation waters adjacent to beaches 
                or other points of access that are used by the 
                public for attainment of applicable water 
                quality standards for pathogens and pathogen 
                indicators; and
                    (B) the prompt notification of the public, 
                local governments, and the Administrator of any 
                exceeding of or likelihood of exceeding 
                applicable water quality standards for coastal 
                recreation waters described in subparagraph 
                (A).
            (2) Level of protection.--The performance criteria 
        referred to in paragraph (1) shall provide for the 
        activities described in subparagraphs (A) and (B) of 
        that paragraph to be carried out as necessary for the 
        protection of public health and safety.
    (b) Program Development and Implementation Grants.--
            (1) In general.--The Administrator may make grants 
        to States and local governments to develop and 
        implement programs for monitoring and notification for 
        coastal recreation waters adjacent to beaches or other 
        points of access that are used by the public.
            (2) Prioritization.--States and local governments 
        may prioritize the use of funds under paragraph (1) 
        based on the greatest risks to human health.
            (3) Limitations.--
                    (A) In general.--The Administrator may 
                award a grant to a State or a local government 
                to implement a monitoring and notification 
                program if--
                            (i) the program is consistent with 
                        the performance criteria published by 
                        the Administrator under subsection (a); 
                        and
                            (ii) the public is provided an 
                        opportunity to review the program 
                        through a process that provides for 
                        public notice and an opportunity for 
                        comment.
                    (B) Grants to local governments.--The 
                Administrator is authorized to make grants for 
                implementation of a local government program 
                under subparagraph (A) only if the 
                Administrator determines that the State in 
                which the local government is located did not 
                submit a grant application for a program that 
                meets the requirements of subsection (c) during 
                the 1-year period beginning on the date of 
                publication of performance criteria under 
                subsection (a).
            (4) Other requirements.--
                    (A) Lists of waters.--On receipt of a grant 
                under this subsection, a State, tribe, or local 
                government shall--
                            (i) apply the prioritization 
                        established by the State, tribe, or 
                        local government under paragraph (2); 
                        and
                            (ii) promptly submit to the 
                        Administrator--
                                    (I) a list of discrete 
                                areas of coastal recreation 
                                waters that are subject to the 
                                program for monitoring and 
                                notification for which the 
                                grant is provided; and
                                    (II) a list of discrete 
                                areas of coastal recreation 
                                waters that are subject to the 
                                program for monitoring and 
                                notification for which the 
                                grant is provided that 
                                specifies any coastal 
                                recreation waters for which 
                                fiscal constraints will prevent 
                                compliance with the performance 
                                criteria under subsection (a).
                    (B) Additional information.--A State 
                recipient of a grant under this subsection 
                shall submit to the Administrator, in such 
                format and at such intervals as the 
                Administrator determines to be appropriate, 
                information collected as part of the program 
                for monitoring and notification under this 
                section.
                    (C) Delegation.--A State recipient of a 
                grant under this subsection shall identify each 
                local government to which the State has 
                delegated or intends to delegate responsibility 
                for implementing a monitoring and notification 
                program consistent with the performance 
                criteria published under subsection (a) 
                (including any coastal recreation waters for 
                which the authority to implement a monitoring 
                and notification program would be subject to 
                the delegation).
            (5) Federal share.--
                    (A) In general.--The Administrator, through 
                grants awarded under this section, may pay up 
                to 100 percent of the costs of developing and 
                implementing a program for monitoring and 
                notification under this subsection.
                    (B) Non-federal share.--The non-Federal 
                share of the costs of developing and 
                implementing a monitoring and notification 
                program may be--
                            (i) in an amount not to exceed 50 
                        percent, as determined by the 
                        Administrator in consultation with 
                        State, tribal, and local government 
                        representatives; and
                            (ii) provided in cash or in kind.
    (c) Content of State and Local Government Programs.--As a 
condition of receipt of a grant under subsection (b), a State 
or local government program for monitoring and notification 
under this section shall identify--
            (1) lists of coastal recreation waters in the 
        State, including coastal recreation waters adjacent to 
        beaches or other points of access that are used by the 
        public;
            (2) in the case of a State program for monitoring 
        and notification, the process by which the State may 
        delegate to local governments responsibility for 
        implementing the monitoring and notification program;
            (3) the frequency and location of monitoring and 
        assessment of coastal recreation waters based on--
                    (A) the periods of recreational use of the 
                waters;
                    (B) the nature and extent of use during 
                certain periods;
                    (C) the proximity of the waters to known 
                point and nonpoint sources of pollution; and
                    (D) any effect of storm events on the 
                waters;
            (4)(A) the methods to be used for detecting levels 
        of pathogens and pathogen indicators that are harmful 
        to human health; and
            (B) the assessment procedures for identifying 
        short-term increases in pathogens and pathogen 
        indicators that are harmful to human health in coastal 
        recreation waters (including increases in relation to 
        storm events);
            (5) measures for prompt communication of the 
        occurrence, nature, location, pollutant source 
        involved, and extent of any exceeding of, or likelihood 
        of exceeding, applicable water quality standards for 
        pathogens and pathogen indicators to--
                    (A) the Administrator; and
                    (B) a designated official of a local 
                government having jurisdiction over land 
                adjoining the coastal recreation waters for 
                which the failure to meet applicable standards 
                is identified;
            (6) measures for the posting of signs at beaches or 
        other points of access, or functionally equivalent 
        communication measures that are sufficient to give 
        notice to the public that the coastal recreation waters 
        are not meeting or are not expected to meet applicable 
        water quality standards for pathogens and pathogen 
        indicators; and
            (7) measures that inform the public of the 
        potential risks associated with water contact 
        activities in the coastal recreation waters that do not 
        meet applicable water quality standards.
    (d) Federal Agency Programs.--Not later than 30 months 
after the date of enactment of this section, each Federal 
agency that has jurisdiction over coastal recreation waters 
adjacent to beaches or other points of access that are used by 
the public shall develop and implement, through a process that 
provides for public notice and an opportunity for comment, a 
monitoring and notification program for the coastal recreation 
waters that--
            (1) protects the public health and safety; and
            (2) is consistent with the performance criteria 
        published under subsection (a).
    (e) Information Database.--The Administrator shall 
establish, maintain, and make available to the public by 
electronic and other means a national coastal recreation water 
pollution occurrence database that provides--
            (1) the information reported to the Administrator 
        under subsection (b)(4)(B); and
            (2) other information concerning pathogens and 
        pathogen indicators in coastal recreation waters that--
                    (A) is made available to the Administrator 
                by a State or local government, from a coastal 
                water quality monitoring program of the State 
                or local government; and
                    (B) the Administrator determines should be 
                included.
    (f) Technical Assistance for Monitoring Floatable 
Material.--The Administrator shall provide technical assistance 
to States and local governments for the development of 
assessment and monitoring procedures for floatable material to 
protect public health and safety in coastal recreation waters.
    (g) List of Waters.--
            (1) In general.--Beginning not later than 18 months 
        after the date of publication of performance criteria 
        under subsection (a), based on information made 
        available to the Administrator, the Administrator shall 
        maintain a list of discrete coastal recreation waters 
        adjacent to beaches or other points of access that are 
        used by the public that--
                    (A) are subject to a monitoring and 
                notification program consistent with the 
                performance criteria established under 
                subsection (a); and
                    (B) specifies any waters described in this 
                paragraph for which there is no monitoring and 
                notification program (including waters for 
                which fiscal constraints will prevent the State 
                from performing monitoring and notification 
                consistent with the performance criteria 
                established under subsection (a)).
            (2) Availability.--The Administrator shall make the 
        list described in paragraph (1) available to the public 
        through--
                    (A) publication in the Federal Register; 
                and
                    (B) electronic media.
            (3) Updates.--The Administrator shall update the 
        list described in paragraph (1) periodically as new 
        information becomes available.
    (h) EPA Implementation.--
            (1) In general.--In the case of a State that has no 
        program for monitoring and notification that is 
        consistent with the performance criteria published 
        under subsection (a), the Administrator shall conduct a 
        monitoring and notification program for coastal 
        recreation waters in that State using the funds 
        appropriated for grants under subsection (i)--
                    (A) to conduct monitoring and notification; 
                and
                    (B) for related salaries, expenses, and 
                travel.
            (2) Prioritization.--In conducting a monitoring and 
        notification program under paragraph (1), the 
        Administrator shall apply any prioritization developed 
        by the State under subsection (b)(2).
    (i) Authorization of Appropriations.--There is authorized 
to be appropriated for making grants under subsection (b), 
including implementation of monitoring and notification 
programs by the Administrator under subsection (h), $30,000,000 
for each of fiscal years 2001 through 2005.

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                          general definitions

      Sec. 502. Except as otherwise specifically provided, when 
used in this Act:
      (1) * * *

           *       *       *       *       *       *       *

        (21) Coastal recreation waters.--
            (A) In general.--The term ``coastal recreation 
        waters'' means the Great Lakes and other marine coastal 
        waters (including coastal estuaries) that are used by 
        the public for swimming, bathing, surfing, or other 
        similar water contact activities.
            (B) Exclusion.--The term ``coastal recreation 
        waters'' does not include inland waters.
        (22) Floatable material.--
            (A) In general.--The term ``floatable material'' 
        means any foreign matter that may float or remain 
        suspended in the water column.
            (B) Inclusions.--The term ``floatable material'' 
        includes--
                    (i) plastic;
                    (ii) aluminum cans;
                    (iii) wood products;
                    (iv) bottles; and
                    (v) paper products.
        (23) Pathogen indicator.--The term ``pathogen 
indicator'' means a substance that indicates the potential for 
human infectious disease.

(33 U.S.C. 1362)

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SEC. 518. INDIAN TRIBES.

      (a) Policy.-- * * *

           *       *       *       *       *       *       *

      (e) Treatment as States.--The Administrator is authorized 
to treat an Indian tribe as a State for purposes of title II 
and sections 104, 106, 303, 305, 308, 309, 314, 319, 401, 402, 
and [404] 404, and 406 of this Act to the degree necessary to 
carry out the objectives of this section, but only if--

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