[House Report 110-491]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-491

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



 
                      BEACH PROTECTION ACT OF 2007

                                _______
                                

 December 12, 2007.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 2537]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2537) to amend the Federal Water 
Pollution Control Act relating to beach monitoring, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Beach Protection Act of 2007''.

SEC. 2. WATER POLLUTION SOURCE IDENTIFICATION.

  (a) Source Tracking.--Section 406(b) of the Federal Water Pollution 
Control Act (33 U.S.C. 1346) is amended--
          (1) by redesignating paragraphs (3) and (4) as paragraphs (4) 
        and (5), respectively; and
          (2) by inserting after paragraph (2) the following:
          ``(3) Source identification programs.--In carrying out a 
        monitoring and notification program, a State or local 
        government may develop and implement a coastal recreation 
        waters pollution source identification and tracking program for 
        coastal recreation waters adjacent to beaches or similar points 
        of access that are used by the public and are not meeting 
        applicable water quality standards for pathogens and pathogen 
        indicators.''.
  (b) Authorization of Appropriations.--Section 406(i) of such Act (33 
U.S.C. 1346(i)) is amended by striking ``$30,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$40,000,000 for each of 
fiscal years 2008 through 2012''.

SEC. 3. FUNDING FOR BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH 
                    ACT.

  Section 8 of the Beaches Environmental Assessment and Coastal Health 
Act of 2000 (114 Stat. 877) is amended by striking ``2005'' and 
inserting ``2012''.

SEC. 4. STATE REPORTS.

  Section 406(b)(4)(A)(ii) of the Federal Water Pollution Control Act 
(as redesignated by section (2)(a)(1) of this Act) is amended by 
inserting ``and all environmental agencies of the State with authority 
to prevent or treat sources of pollution in coastal recreation waters'' 
after ``public''.

SEC. 5. USE OF RAPID TESTING METHODS.

  (a) Contents of State and Local Government Programs.--Section 
406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)(4)(A)) is amended by inserting ``, including rapid testing 
methods,'' after ``methods''.
  (b) Revised Criteria.--Section 304(a)(9) of such Act (33 U.S.C. 
1314(a)(9)) is amended by inserting ``and rapid testing methods'' after 
``methods''.
  (c) Criteria for Use of Rapid Testing Methods.--Not later than 270 
days after the date of enactment of this Act, and after providing 
notice and an opportunity for public comment, the Administrator of the 
Environmental Protection Agency shall publish criteria for the use of 
rapid testing methods, at coastal recreation waters adjacent to beaches 
or similar points of access that are used by the public, that will 
enhance the protection of public health and safety through rapid public 
notification of any exceeding of applicable water quality standards. In 
developing such criteria, the Administrator shall prioritize the use of 
rapid testing methods at those beaches or similar points of access that 
have the highest use by the public.
  (d) Definition.--Section 502 of such Act (33 U.S.C. 1362) is amended 
by adding at the end the following:
          ``(25) Rapid testing method.--The term `rapid testing method' 
        means a method of testing the water quality of coastal 
        recreation waters for which results are available as soon as 
        practicable and not more than 6 hours after a water quality 
        sample is received by the testing facility.''.

SEC. 6. NOTIFICATION OF FEDERAL, STATE, AND LOCAL AGENCIES.

  Section 406(c)(5) of the Federal Water Pollution Control Act (33 
U.S.C. 1346(c)(5)) is amended--
          (1) by striking ``prompt communication'' and inserting 
        ``communication, within 24 hours of the receipt of the results 
        of a water quality sample,'';
          (2) in subparagraph (A)--
                  (A) by inserting ``(i) in the case of any State in 
                which the Administrator is administering the program 
                under section 402,'' before ``the Administrator'' the 
                first place it appears; and
                  (B) by inserting at the end the following:
                  ``(ii) in the case of any State other than a State to 
                which clause (i) applies, all agencies of the State 
                government with authority to require the prevention or 
                treatment of the sources of coastal recreation water 
                pollution; and'';
          (3) by redesignating paragraphs (6) and (7) as paragraphs (7) 
        and (8), respectively; and
          (4) by inserting after paragraph (5) the following:
          ``(6) measures for an annual report to the Administrator, in 
        such form as the Administrator determines appropriate, on the 
        occurrence, nature, location, pollutants involved, and extent 
        of any exceeding of applicable water quality standards for 
        pathogens and pathogen indicators;''.

SEC. 7. CONTENT OF STATE AND LOCAL PROGRAMS.

  Section 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(c)) is amended--
          (1) by striking ``and'' at the end of paragraph (7) (as 
        redesignated by section 6(3) of this Act);
          (2) by striking the period at the end of paragraph (8) (as 
        redesignated by section 6(3) of this Act) and inserting a 
        semicolon; and
          (3) by adding at the end the following:
          ``(9) a publicly accessible and searchable global information 
        system database with information updated within 24 hours of its 
        availability, organized by beach or similar point of access and 
        with defined standards, sampling plans, monitoring protocols, 
        sampling results, and number and cause of closures and advisory 
        days;
          ``(10) measures for the immediate posting of signs at beaches 
        or similar points of access that are sufficient to give public 
        notice following the results of any water quality sample that 
        demonstrates an exceeding of applicable water quality standards 
        for pathogens and pathogen indicators for the coastal 
        recreation waters adjacent to such beaches or similar points of 
        access; and
          ``(11) measures to ensure that closures or advisories are 
        made or issued within 24 hours after the State government 
        determines that any coastal recreation waters in the State are 
        not meeting applicable water quality standards for pathogens 
        and pathogen indicators.''.

SEC. 8. COMPLIANCE REVIEW.

  Section 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 
1346(h)) is amended--
          (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively;
          (2) by moving such subparagraphs 2 ems to the right;
          (3) by striking ``In the'' and inserting the following:
          ``(1) In general.--In the''; and
          (4) by adding at the end the following:
          ``(2) Compliance review.--On or before July 31 of each 
        calendar year beginning after the date of enactment of this 
        paragraph, the Administrator shall--
                  ``(A) prepare a written assessment of compliance with 
                all statutory and regulatory requirements of this 
                section for each State and local government and of 
                compliance with conditions of each grant made under 
                this section to a State or local government;
                  ``(B) notify the State or local government of such 
                assessment; and
                  ``(C) make each of the assessments available to the 
                public in a searchable database on or before December 
                31 of such calendar year.
          ``(3) Corrective action.--Any State or local government that 
        the Administrator notifies under paragraph (2) that it is not 
        in compliance with any requirement or grant condition described 
        in paragraph (2) shall take such action as may be necessary to 
        comply with such requirement or condition within one year of 
        the date of the notification. If the State or local government 
        is not in compliance with such requirement or condition within 
        one year of such date, any grants made under subsection (b) to 
        the State or local government, after the last day of such one-
        year period and while the State or local government is not in 
        compliance with all requirements and grant conditions described 
        in paragraph (2), shall have a Federal share of not to exceed 
        50 percent.
          ``(4) GAO review.--Not later than December 31 of the third 
        calendar year beginning after the date of enactment of this 
        paragraph, the Comptroller General shall conduct a review of 
        the activities of the Administrator under paragraphs (2) and 
        (3) during the first and second calendar years beginning after 
        such date of enactment and submit to Congress a report on the 
        results of such review.''.

SEC. 9. STUDY OF GRANT DISTRIBUTION FORMULA.

  (a) Study.--Not later than 30 days after the date of enactment of 
this Act, the Administrator of the Environmental Protection Agency 
shall commence a study of the formula for the distribution of grants 
under section 406 of the Federal Water Pollution Control Act (33 U.S.C. 
1346) for the purpose of identifying potential revisions of such 
formula.
  (b) Contents.--In conducting the study, the Administrator shall 
consider the base cost to States of developing and maintaining water 
quality monitoring and notification programs, the States' varied beach 
monitoring and notification needs, including beach mileage, beach 
usage, and length of beach season, and other factors that the 
Administrator determines to be appropriate.
  (c) Consultation.--In conducting the study, the Administrator shall 
consult with appropriate Federal, State, and local agencies.
  (d) Report.--Not later than 12 months after the date of enactment of 
this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the results of the study, including any recommendation for revision of 
the distribution formula referred to in subsection (a).

SEC. 10. PUBLICATION OF COASTAL RECREATION WATERS PATHOGEN LIST.

  Section 304(a)(9) of the Federal Water Pollution Control Act (33 
U.S.C. 1314(a)(9)) is amended by adding at the end the following:
                  ``(C) Publication of pathogen and pathogen indicator 
                list.--Upon publication of the new or revised water 
                quality criteria under subparagraph (A), the 
                Administrator shall publish in the Federal Register a 
                list of all pathogens and pathogen indicators studied 
                under section 104(v).''.

                       Purpose of the Legislation

    H.R. 2537, the ``Beach Protection Act of 2007'', as 
amended, amends the Federal Water Pollution Control Act 
(``Clean Water Act'' or ``Act'') to reauthorize appropriations 
for the Beaches Environmental Assessment and Coastal Health 
(``BEACH'') Act through fiscal year 2012, and to make 
programmatic changes to State coastal recreation water quality 
monitoring and notification programs.

                  Background and Need for Legislation

    The nation is fortunate to have nearly 23,000 miles of 
ocean shoreline along the continental United States, more than 
5,500 miles of Great Lakes shoreline, and 3.6 million miles of 
rivers and streams. Beaches are an important part of the 
complex and dynamic coastal watershed, providing numerous 
recreational opportunities for millions of people, including 
boating, fishing, swimming, beachcombing, bird-watching, and 
sunbathing.
    Each year, more than 180 million people visit our nation's 
coastal and Great Lakes waters for recreational purposes. This 
activity supports more than 28 million jobs and leads to 
investments of over $50 billion in goods and services. It is 
important to give the public confidence in the quality of our 
nation's coastal recreational waters. This confidence is 
important not only to each citizen who swims or surfs, but also 
to the tourism and recreation industries that rely on safe and 
swimmable coastal waters.
    According to a recent Environmental Protection Agency 
(``EPA'') report, over the past 50 years, epidemiological 
studies and investigations following widespread waterborne 
illnesses have linked swimming in polluted water with adverse 
health effects. Swimming-related diseases can range from less 
severe gastrointestinal diseases (e.g., sore throats and 
diarrhea) and non-gastrointestinal diseases (e.g., respiratory, 
ear, eye, and skin infections) to more serious illnesses, such 
as meningitis or hepatitis.
    On October 10, 2000, the Beaches Environmental Assessment 
and Coastal Health Act (``BEACH Act'') was signed into law. 
This legislation, which amends Clean Water Act, was introduced 
to limit and prevent human exposure to polluted coastal 
recreation waters (including those along the Great Lakes) by 
assisting States and local governments to implement beach 
monitoring, assessment, and public notification programs. For 
these purposes, the BEACH Act authorized $30 million annually 
for fiscal years 2001 through 2005.
    In addition, the BEACH Act required States and tribes with 
coastal recreation waters to adopt minimum water quality 
standards for pathogens and pathogen indicators by April 10, 
2004, and directed EPA to promulgate standards for States that 
failed to establish standards as protective of human health as 
EPA's existing criteria--the 1986 Ambient Water Quality 
Criteria for Bacteria.
    Finally, the BEACH Act required EPA to conduct additional 
studies associated with pathogens and human health and to 
publish new or revised water quality criteria for pathogens and 
pathogen indicators within five years of the date of enactment 
of the BEACH Act (ending on October 10, 2005), based on the 
results of these studies. EPA is also directed to review these 
revised water quality criteria every five years, and to revise 
the criteria, as necessary, to protect human health. States are 
directed to adopt any revised water quality criteria within 
three years of publication by EPA.

                    Implementation of the BEACH Act


                           BEACH ACT FUNDING

    From fiscal years 2001 through 2007, Congress has 
appropriated nearly $62 million in BEACH Act grant funds to the 
35 States and territories with coastal recreation waters to 
support the implementation of coastal recreation water 
monitoring and notification programs. According to EPA, States 
are using the grant funds to implement beach monitoring and 
notification programs that are consistent with national 
guidance. States collect and analyze water samples to determine 
whether local recreation waters exceed (or are likely to 
exceed) water quality standards for public health protection, 
and notify the public if water quality standards are exceeded 
(or likely to be exceeded).
    EPA awards grants to the 35 eligible States using an 
allocation formula developed by the Agency in 2002. According 
to EPA, this allocation formula was developed in consultation 
with the States and other stakeholders, and uses three 
factors--beach season length, beach miles, and beach usage--to 
determine an equitable allocation of funds. However, because in 
2002, data for beach miles and beach usage were not readily 
available, shoreline length and coastal population were used as 
surrogates for these factors.

                     STATE WATER QUALITY STANDARDS

    Prior to the enactment of the BEACH Act, only 16 States and 
territories with coastal recreation waters had adopted EPA's 
1986 criteria for pathogens and pathogen indicators in coastal 
recreation waters, and incorporated these criteria into their 
water quality standards. The remaining States were either using 
water quality criteria older than the 1986 criteria or no water 
quality criteria at all.
    Since enactment of the BEACH Act, all 35 States and 
territories with coastal recreation waters have adopted 
criteria for pathogens and pathogen indicators that are at 
least as protective of human health as EPA's 1986 criteria. 
Thirteen States and territories adopted these criteria 
voluntarily, and the remaining 21 States and territories were 
included in a November 16, 2004 EPA final rule to adopt water 
quality standards consistent with EPA's 1986 criteria. Water 
Quality Standards for Coastal and Great Lakes Recreation 
Waters, 69 Fed. Reg. 67218 (Nov. 16, 2004).

                  WATER QUALITY CRITERIA AND STANDARDS

    Section 304(a) of the Clean Water Act directs EPA to 
establish water quality criteria for all waters and uses, 
including human health criteria for recreational uses of 
coastal waters. Federal water quality criteria serve as 
guidance to States and tribes in adopting and revising State 
and tribal water quality criteria and water quality standards 
under section 303 of the Clean Water Act. Under current Clean 
Water Act regulations, States and tribes 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. 40 
C.F.R. 131.11(b)(1).
    According to EPA, the Agency's current criteria for 
pathogen and pathogen indicators are based on a series of 
studies conducted by EPA in the late 1970s and early 1980s. In 
1986, EPA recommended the use of indicator organisms as a good 
predictor of potential waterborne illness in water--enterococci 
for fresh and marine waters, and E. coli in fresh water.
    However, during consideration of the BEACH Act in the 
1990s, the Committee on Transportation and Infrastructure was 
concerned that the 1986 revised bacteria criteria were 
inadequate indicators for determining the human health risk 
from all microorganisms, including viruses or other pathogens, 
such as giardia or cryptosporidium. The Committee noted, during 
a 1998 hearing on this issue, that EPA's 1986 criteria needed 
to be updated to improve the scientific basis for identifying 
pathogens in coastal recreation waters that were potentially 
harmful to human health.
    In response, the BEACH Act directed the Administrator of 
EPA to conduct additional studies on revised criteria for 
coastal recreation waters, and to develop newer, accurate, and 
expeditious testing methods for detecting the presence of 
pathogens harmful to human health. Section 304(a) of the Clean 
Water Act was amended to direct the Administrator to develop 
and publish new or revised water quality criteria for coastal 
recreation waters for the purpose of protecting human health 
within five years of the date of enactment of the BEACH Act 
(ending on October 10, 2005), and to review, and revise if 
necessary, these water quality criteria every five years 
thereafter.

LITIGATION AND SCHEDULE FOR PUBLICATION OF NEW OR REVISED WATER QUALITY 
                                CRITERIA

    On August 3, 2006, the Natural Resources Defense Council 
sued the EPA for its failure to publish ``new or revised water 
quality criteria for pathogens and pathogen indicators 
(including a revised list of testing methods, as appropriate) . 
. . for the purpose of protecting human health in coastal 
recreational waters'' by October 10, 2005, as required by 
section 304(a) of the Clean Water Act, as amended by the BEACH 
Act.
    In March 2007, the United States District Court for the 
Central District of California, Western Division held that EPA 
had violated its non-discretionary duty to publish new or 
revised criteria by the October 2005 deadline, in violation of 
the Clean Water Act. Natural Resources Defense Council v. 
Stephen L. Johnson, Administrator, U.S. Environmental 
Protection Agency, No. CV 06-4843 PSG (C.D. Cal. March 21, 
2007). The Court directed the parties to discuss the issue of 
the appropriate amount of time EPA would have to complete 
publication of new or revised water quality criteria for 
pathogens and pathogen indicators. This discussion is ongoing.
    On August 31, 2007, EPA released a report, entitled 
``Criteria Development Plan & Schedule, Recreational Water 
Quality Criteria'', that describes the process and timeline EPA 
proposes to follow in developing and publishing new or revised 
water quality criteria for pathogens and pathogen indicators 
for recreational waters. The report concludes that EPA will 
complete all of the necessary research, studies, analysis, and 
synthesis for the new or revised criteria, and publish the new 
or revised criteria by December 2012.

                       Summary of the Legislation


Section 1. Short title

    Section 1 designates the short title of the bill as the 
``Beach Protection Act of 2007''.

Section 2. Water pollution source identification

    This section amends section 406 of the Clean Water Act to 
expand the eligible uses of coastal recreation water quality 
monitoring and notification program development and 
implementation grants, and to reauthorize appropriations for 
such grants.
    Subsection (a) amends section 406(b) of the Act to 
authorize eligible States and local governments to utilize 
BEACH grant funding to develop and implement coastal recreation 
waters pollution source identification and tracking programs.
    The Committee received testimony on the importance of 
identifying the sources of pollution that are causing beach 
closures. Proper and timely identification of sources of 
pollution will allow State and local governments to take action 
to address these sources of pollution. For example, the State 
of New Jersey has successfully applied microbial source 
tracking techniques, such as coliphage, multiple antibiotic 
resistance testing, and optical brighteners, to identify the 
source of recreational beach water quality impairments. 
Amending the Clean Water Act to allow States and local 
governments to use BEACH grant funding for source tracking will 
help these governments positively identify the sources of 
pollution to coastal recreation waters. States and local 
governments can then take the necessary steps to address these 
sources of pollution. BEACH Act grants are limited to 
developing and implementing coastal water quality monitoring 
and notification programs. Accordingly, States and local 
governments need to pursue other sources of Federal funding, 
such as the Clean Water State Revolving Fund, for efforts to 
address sources of pollution.
    Subsection (b) amends section 406(i) to reauthorize 
appropriations for coastal recreation water quality monitoring 
and notification program development and implementation grants 
through fiscal year 2012. This subsection increases the 
authorization of appropriations for grants from $30 million 
annually to $40 million annually, to reflect the expansion of 
eligible uses for such grants under the Beach Protection Act of 
2007.

Section 3. Funding for Beaches Environmental Assessment and Coastal 
        Health Act

    This section authorizes appropriations for EPA to carry out 
the provisions of the BEACH Act, other than the grant program 
authorized under section 406 of the Clean Water Act, from 
fiscal years 2008 through 2012.

Section 4. State reports

    This section amends existing section 406(b)(3)(A)(ii) of 
the Clean Water Act to require States to report to the 
Administrator on actions taken to notify State environmental 
agencies with authority to prevent or treat sources of 
pollution in coastal recreation waters of the extent that a 
coastal recreation water is exceeding or is likely to exceed 
applicable water quality standards.

Section 5. Use of rapid testing methods

    This section encourages the development, testing, and 
utilization of rapid testing methods for detecting the 
contamination of coastal recreation waters. The Committee has 
received testimony expressing concern that current testing 
methods, utilizing culture-based methods, require up to 24 
hours to determine whether coastal recreation water adjacent to 
a beach or similar point of access is contaminated. As EPA 
noted in its March 2007 Report of the Experts Scientific 
Workshop on Critical Research Needs for the Development of New 
or Revised Recreational Water Quality Criteria, this extended 
processing period typically results in contaminated beaches 
remaining open while testing is underway, potentially placing 
the public at risk of coming into direct contact with 
contaminated water. In addition, by the time that water quality 
results are available and warning signs are posted, the levels 
of pathogens or pathogen indicators may have returned to 
normal.
    The Committee believes that the period between when a 
coastal recreation water is sampled to when results are made 
publicly available needs to be shortened, with the goal of 
having real-time, same-day information on the condition of the 
nation's beaches and recreational waters.
    The Committee strongly encourages EPA to complete the 
evaluation and validation of rapid testing methods for 
detecting contamination of coastal recreation waters. The 
Committee is aware that rapid testing method technologies are 
currently available for testing water quality samples for the 
presence of enterococci and E. coli that can produce accurate 
results in two to three hours. The Committee understands that 
EPA is currently undertaking an evaluation of the appropriate 
interim indicator organism for rapid testing methods utilizing 
the 1986 criteria, and expects to complete the evaluation and 
validation of rapid testing methods by the end of fiscal year 
2010. The Committee encourages EPA to complete its efforts to 
validate a rapid testing method for the 1986 criteria as 
expeditiously as practicable, but no later than the end of 
fiscal year 2010.
    Section 5(a) amends section 406(c)(4)(A) of the Clean Water 
Act to require State and local governments to identify the 
rapid testing methods utilized, or likely to be utilized, along 
with the government's existing report on methods for detecting 
pathogens and pathogen indicators required under section 
406(c)(4)(A).
    Section 5(b) amends section 304(a)(9) of the Clean Water 
Act to require, in the publication of new or revised water 
quality criteria for pathogens and pathogen indicators, that 
the Administrator include standards for the utilization of 
rapid testing methods for the new or revised criteria. The 
Committee expects that, in conjunction with the development of 
new or revised water quality criteria for coastal recreation 
waters under section 304(a)(9) of the Clean Water Act, EPA will 
include appropriate standards and validation for a rapid 
testing method for the new or revised criteria. If no rapid 
testing method for the new or revised criteria is 
technologically feasible, the Committee expects EPA to include 
an explanation of why such a rapid testing method is 
technologically infeasible with the release of the new or 
revised water quality criteria.
    Section 5(c) requires EPA to develop and publish criteria 
for the utilization of rapid testing methodologies. The 
Committee does not expect that State or local governments are 
likely to utilize rapid testing methods at every beach or 
similar point of access within their jurisdiction. The 
Committee encourages States and local governments to utilize 
rapid testing methods at those beaches or similar points of 
access that have the highest use. The criteria developed under 
this section should assist States and localities in this 
determination. The Committee believes that same-day results on 
water quality testing will enhance the protection of public 
health by providing real-time information on the condition of 
coastal recreation waters.

Section 6. Notification of Federal, State, and local agencies

    This section amends section 406(c) of the Clean Water Act 
to expedite the communication of the occurrence, nature, 
location, pollutants involved, and extent of any exceeding of, 
or likelihood of exceeding, applicable water quality standards 
for coastal recreation waters to the appropriate Federal, 
State, and local governmental agencies.
    The Committee received testimony that, in many cases, the 
notification of contaminated coastal recreation waters to the 
appropriate governmental agencies and the public can be 
delayed, either through lengthy testing periods or a lack of 
consistent public notification timelines. Minimizing the 
potential delay in public notification is critical to 
protecting public health by ensuring that the public is given 
the opportunity to avoid contact with contaminated coastal 
recreation waters.
    Under current law, the communication of any exceeding, or 
the potential exceeding, of applicable water quality standards 
must occur ``promptly'' and must be made to the Administrator 
of the Environmental Protection Agency and a designated local 
official having jurisdiction over land adjoining the coastal 
recreation water.
    This section removes any ambiguity in the timeline for 
providing notification by striking the term ``prompt 
communication'' in section 406(c)(5) and inserting 
``communication, within 24 hours of the receipt of the results 
of a water quality sample''.
    This section also amends section 406(c)(5)(A) to include 
within the list of agencies required to receive notification of 
any exceeding of water quality standards State governmental 
agencies with the authority to require the prevention or 
treatment of the sources of coastal recreation water pollution. 
These State governmental agencies will typically be the State 
agencies with approved National Pollutant Discharge Elimination 
System (``NPDES'') authority under section 402 of the Clean 
Water Act. However, in those States and territories without 
approved NPDES authority, this section provides that the 24-
hour notification be provided to the Administrator of EPA.
    Finally, this section adds a new paragraph 6 to section 
406(c) that requires eligible State and local governments to 
submit an annual report to the Administrator on the occurrence, 
nature, location, pollutants involved, and extent of any 
exceeding of applicable water quality standards for pathogens 
and pathogen indicators. The Committee expects this annual 
report to be a cumulative accounting of all exceedances of 
applicable water quality standards during the annual reporting 
period.

Section 7. Content of State and local programs

    This section amends section 406(c) of the Clean Water Act 
to strengthen the requirements for public notification of 
contaminated coastal recreation waters and publicly available 
information on beach closures.
    This section adds paragraph 9 to section 406(c) of the Act 
to require eligible State and local governments to identify a 
publicly accessible and searchable database for the posting of 
information on individual beaches or similar points of public 
access for coastal recreation waters. This new paragraph does 
not require that every eligible State or local government 
create an individual database to provide information related to 
its beaches, but contemplates that individual States and local 
governments will partner with existing public databases, 
including existing Internet sites, to ensure that the required 
information is publicly available in a timely fashion.
    This section adds paragraph 10 to section 406(c) of the Act 
to require eligible States and local governments to identify 
measures for the immediate posting of signs at beaches or 
similar points of public access that are sufficient to give 
public notice that a water quality sample taken from adjacent 
coastal recreation water has exceeded applicable water quality 
standards for pathogens and pathogen indicators.
    The Committee is aware that eight States routinely (and 
five additional States may) utilize a two-step, re-sampling 
approach to testing coastal recreation waters. Under this 
approach, when the test results on a coastal recreation water 
sample detect that the water may be contaminated, the State or 
local governmental official can require that a second sample is 
tested before a decision is made to close the beach. 
Accordingly, if a State pairs the use of a culture-based 
testing methodology with a two-step, re-sampling protocol, the 
result may be that the public will not receive any notification 
that a coastal recreation water may be contaminated until three 
days after the initial sample is taken. Given that the best way 
to reduce the risk of public illness from contaminated coastal 
recreation waters is to avoid direct contact with such waters, 
the Committee believes that the time from initial testing to 
public notification of potential impaired water quality needs 
to occur as quickly as possible, and preferably on the same 
day.
    New paragraph 10 provides for immediate public notification 
following the results of any water quality sample that 
demonstrates a likelihood that the coastal recreation water is 
contaminated. This new paragraph does not prevent States from 
continuing to utilize a two-step, re-sampling approach for 
decisions to close public beaches, but simply requires States 
and local governments to immediately post an advisory sign 
warning that a water sample taken at the individual beach 
demonstrates the likelihood that the water may be contaminated.
    This section adds paragraph 11 to section 406(c) of the Act 
to require eligible States and local governments to identify 
measures to ensure that any decision to close a beach or to 
issue an advisory on coastal recreation water quality are made 
within 24 hours after the State determines that the coastal 
recreation waters are not meeting applicable water quality 
standards for pathogens and pathogen indicators.

Section 8. Compliance review

    This section amends section 406(h) of the Clean Water Act 
to authorize the Administrator to conduct a compliance review 
of implementation of the BEACH Act by State and local 
governments, and to take corrective action for State and local 
governments that are not in compliance with the BEACH Act 
requirements. This section also requires the Government 
Accountability Office (``GAO'') to review and report on EPA's 
administration of the BEACH Act.
    This section requires the Administrator of EPA to prepare 
an annual written assessment of compliance with all of the 
statutory and regulatory requirements of the BEACH Act for each 
State and local government that receives a BEACH Act grant. 
This written assessment is to be provided to the individual 
State and local governments, and released to the public through 
a searchable, electronic database, such as the Internet.
    This section also provides State and local governments with 
one year from the date of receipt of a written assessment from 
the Administrator to come into compliance with the BEACH Act 
requirements. If at the end of this period, the State or local 
government continues to be out of compliance with the BEACH Act 
requirements, this section directs the Administrator to reduce 
the Federal share of coastal recreation water quality 
monitoring and notification program development and 
implementation grants to 50 percent.
    Finally, this section directs the Comptroller General of 
GAO to conduct a review and report on the actions by the 
Administrator to carry out annual written compliance 
assessments and take corrective action as necessary. This 
report is to be provided to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate.

Section 9. Study of grant distribution formula

    This section requires the Administrator of EPA to carry out 
a study of the formula for the distribution of coastal 
recreation water quality monitoring and notification program 
development and implementation grants under section 406(b) of 
the Clean Water Act, and to report to Congress on the results 
of the study, including any recommendations for revision of the 
existing formula.
    The Committee is aware of concerns that the current formula 
utilized by EPA for the distribution of grant funds may not 
provide for an equitable allocation of funds among States at 
current appropriation levels.
    GAO raised similar concerns in its May 2007 report focused 
on the implementation of the BEACH Act in the Great Lakes. GAO 
pointed out that the existing grant distribution formula, which 
establishes different weights to the factors of length of beach 
season, the frequency of beach use, and the number of beach 
miles within a State, was developed based on the assumption 
that the program would receive its full authorized allocation 
of $30 million annually. According to GAO, EPA intended that 
the factor for beach season length (currently determining 82 
percent of existing grant allocations) would have provided the 
base funding level, and would have been augmented by additional 
grant funds utilizing the factors for beach use and beach 
miles.
    During the last five years, the BEACH program has received 
annual appropriations of approximately $10 million. GAO 
concluded that, as a result of reduced appropriations, the 
current distribution formula fails to adequately address the 
monitoring needs of the States. The GAO report suggested that 
reweighing the importance of the three factors of the existing 
formula to reflect current appropriations would better reflect 
the monitoring needs of the individual coastal States.
    Section 9 requires EPA to conduct a study of potential 
revisions to the formula, with a specific focus on base cost to 
States of developing and maintaining water quality monitoring 
and notification programs, the States' varied beach monitoring 
and notification needs, including beach mileage, beach usage, 
and length of beach season, and other factors that the 
Administrator determines to be appropriate.
    The Committee encourages the Administrator, in carrying out 
the study, to consider methods to accurately reflect the usage 
of beaches and similar points of access as well as the 
recommendations included in the May 2007 report by the GAO 
entitled ``Great Lakes: EPA and States Have Made Progress in 
Implementing the BEACH Act, but Additional Actions Could 
Improve Public Health Protection (GAO-07-591)''. In addition, 
the Committee encourages EPA, in conducting the study, to take 
into account both historical appropriations for BEACH Act 
grants and the increased authorization of appropriations 
provided for in the Beach Protection Act of 2007.

Section 10. Publication of coastal recreation waters pathogen list

    This section amends section 304(a)(9) of the Clean Water 
Act to require the Administrator of EPA, upon publication of 
the new or revised water quality criteria for coastal 
recreation waters, to publish in the Federal Register a list of 
all pathogens and pathogen indicators studied in the 
development of the new or revised water quality criteria.

                           Additional Matters

    The Committee has received comments from individual States, 
researchers, and nongovernmental organizations expressing 
concern with EPA's efforts to develop appropriate testing 
methods for existing water quality criteria for coastal 
recreation waters. Under the existing 1986 criteria, EPA 
recommended the use of the indicator organisms, enterococci and 
E. coli, as appropriate predictors of potential waterborne 
illness in water. However, because of the differing nature of 
marine and fresh water environments, the use of a single 
indicator for both marine and fresh water environments may be 
inappropriate to ensure the maximum protection of human health 
from waterborne illness.
    The Committee strongly encourages EPA to evaluate the 
appropriateness and effectiveness of both enterococci and E. 
coli indicators in its efforts to determine appropriate interim 
indicators for testing coastal recreation waters, while EPA 
completes its development of new or revised water quality 
criteria for coastal recreation waters.

            Legislative History and Committee Consideration

    On July 12, 2007, the Subcommittee on Water Resources and 
Environment held a hearing on ``Reauthorization of the Beaches 
Environmental Assessment and Coastal Health Act''. Testimony 
was given by Representative Frank Pallone, Representative Brian 
Bilbray, the Environmental Protection Agency, the Commissioner 
of the New Jersey Department of Environmental Protection, the 
Supervisor of the Town of Southampton, New York, the U.S. 
Government Accountability Office, and representatives of non-
governmental organizations.
    On October 31, 2007, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 2537 and 
adopted an amendment in the nature of a substitute to the bill. 
The amendment reduced the authorization of appropriations from 
$60 million annually to $40 million annually, modified the 
authority for source tracking to make the authority 
discretionary, directed EPA to develop criteria for the use of 
rapid testing methodologies, required States and local 
governments to immediately post signage notifying the public 
that a coastal recreation water may be impaired, and made 
technical and clarifying changes to the bill. The Committee 
ordered the bill, as amended, reported favorably to the House 
by voice vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with any amendment 
offered to H.R. 2537 or on ordering the bill reported. A motion 
to order H.R. 2537, as amended, reported favorably to the House 
was agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(I) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
provide for the monitoring of coastal recreation water quality 
and public notification of any exceeding of applicable water 
quality standards at beaches or similar points of public access 
adjacent to coastal recreation waters.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 2537 
from the Director of the Congressional Budget Office.

                       Congressional Budget Office,
                                             U.S. Congress,
                                 Washington, DC, November 13, 2007.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2537, the Beach 
Protection Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                        Robert A. Sunshine,
                                             (For Peter R. Orszag).
    Enclosure.

H.R. 2537--Beach Protection Act of 2007

    Summary: H.R. 2537 would authorize the appropriation of $40 
million a year over the 2008-2012 period for the water quality 
program that benefits coastal states under the Clean Water Act. 
Under this program, the Environmental Protection Agency (EPA) 
provides grants to state or local governments to support their 
efforts to monitor the quality of coastal waters and notify the 
public when beach water does not meet established standards. 
This legislation also would authorize the appropriation of such 
sums as may be necessary to manage the water quality program 
through 2012.
    Assuming the appropriation of the necessary funds, CBO 
estimates that implementing H.R. 2537 would cost $24 million in 
2008 and $186 million over the 2008-2012 period. Enacting the 
bill would not affect direct spending or revenues.
    H.R. 2537 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 H.R. 2537 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--
                                                                    --------------------------------------------
                                                                       2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Spending Under Current Law:
    Budget Authority\1\............................................       11        0        0        0        0
    Estimated Outlays..............................................       11        0        0        0        0
Proposed Changes:
    Administrative Support:
        Estimated Authorization Level..............................        *        1        1        1        1
        Estimated Outlays..........................................        *        1        1        1        1
    Beach Protection Grants:
        Estimated Authorization Level..............................       30       40       40       40       40
        Estimated Outlays..........................................       24       38       40       40       40
    Total Changes:
        Estimated Authorization Level..............................       30       41       41       41       41
        Estimated Outlays..........................................       24       39       41       41       41
Spending Under H.R. 2537:
    Estimated Authorization Level\1\...............................       41       41       41       41       41
    Estimated Outlays..............................................       35       39       41       41       41
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
\1\The 2008 level is CBO's current estimate of budget authority and outlays for grants and administrative
  expenses to support EPA's program to protect beaches under Public Law 110-92, a joint resolution making
  continuing appropriations for the fiscal year 2008 and other purposes. CBO estimates budget authority provided
  under such continuing resolutions on an annualized basis. (That total of $11 million was also provided for
  2007.)

    Basis of estimate: For this estimate, CBO assumes that H.R. 
2537 will be enacted before the end of calendar year 2007 and 
that the necessary funds will be appropriated for each year.
    The bill would authorize the appropriation of $40 million 
annually over the 2008-2012 period for grants to states to 
implement beach water quality and public notification programs. 
CBO estimates that, under the current continuing resolution for 
fiscal year 2008 (Public Law 110-92), $10 million will be 
provided for grants in 2008 (on an annualized basis); thus, we 
estimate that implementing this legislation would require the 
appropriation of an additional $30 million in 2008 and $40 
million in each subsequent year. Based on historical spending 
patterns for those grants, CBO estimates that providing the 
grants would cost $182 million over the 2008-2012 period.
    H.R. 2537 also would authorize the appropriation of such 
sums as may be necessary for EPA to manage the program through 
2012. Assuming appropriations for such administrative 
activities would continue at the estimated 2008 level under the 
current continuing resolution, CBO estimates that implementing 
the program would cost about $1 million a year over the 2009-
2012 period. In total, CBO estimates that outlays resulting 
from the appropriations for grants and administrative 
activities would sum to $186 million over the 2008-2012 period.
    Intergovernmental and private-sector impact: H.R. 2537 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on state, local, and tribal governments: Neil Hood; 
Impact on the Private Sector; Amy Petz.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 2537, as amended, does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt State, local, 
or tribal law. The Committee states that H.R. 2537 does not 
preempt any State, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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

           *       *       *       *       *       *       *


TITLE III--STANDARDS AND ENFORCEMENT

           *       *       *       *       *       *       *


                       INFORMATION AND GUIDELINES

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

           *       *       *       *       *       *       *

  (9) Revised criteria for coastal recreation waters.--
          (A) In general.--Not later than 5 years after the 
        date of the 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 for 
        pathogens and pathogen indicators (including a revised 
        list of testing methods and rapid 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.

           *       *       *       *       *       *       *

          (C) Publication of pathogen and pathogen indicator 
        list.--Upon publication of the new or revised water 
        quality criteria under subparagraph (A), the 
        Administrator shall publish in the Federal Register a 
        list of all pathogens and pathogen indicators studied 
        under section 104(v).

           *       *       *       *       *       *       *


TITLE IV--PERMITS AND LICENSES

           *       *       *       *       *       *       *


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

  (a) * * *
  (b) Program Development and Implementation Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Source identification programs.--In carrying out 
        a monitoring and notification program, a State or local 
        government may develop and implement a coastal 
        recreation waters pollution source identification and 
        tracking program for coastal recreation waters adjacent 
        to beaches or similar points of access that are used by 
        the public and are not meeting applicable water quality 
        standards for pathogens and pathogen indicators.
          [(3)] (4) Other requirements.--
                  (A) Report.--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, a report that describes--
                          (i) * * *
                          (ii) actions taken to notify the 
                        public and all environmental agencies 
                        of the State with authority to prevent 
                        or treat sources of pollution in 
                        coastal recreation waters when water 
                        quality standards are exceeded.

           *       *       *       *       *       *       *

          [(4)] (5) Federal share.--
                  (A) * * *

           *       *       *       *       *       *       *

  (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) * * *

           *       *       *       *       *       *       *

          (4)(A) the methods, including rapid testing methods, 
        to be used for detecting levels of pathogens and 
        pathogen indicators that are harmful to human health; 
        and

           *       *       *       *       *       *       *

          (5) measures for [prompt communication] 
        communication, within 24 hours of the receipt of the 
        results of a water quality sample, of the occurrence, 
        nature, location, pollutants involved, and extent of 
        any exceeding of, or likelihood of exceeding, 
        applicable water quality standards for pathogens and 
        pathogen indicators to--
                  (A)(i) in the case of any State in which the 
                Administrator is administering the program 
                under section 402, the Administrator, in such 
                form as the Administrator determines to be 
                appropriate; and
                  (ii) in the case of any State other than a 
                State to which clause (i) applies, all agencies 
                of the State government with authority to 
                require the prevention or treatment of the 
                sources of coastal recreation water pollution; 
                and

           *       *       *       *       *       *       *

          (6) measures for an annual report to the 
        Administrator, in such form as the Administrator 
        determines appropriate, on the occurrence, nature, 
        location, pollutants involved, and extent of any 
        exceeding of applicable water quality standards for 
        pathogens and pathogen indicators;
                  (ii) in the case of any State other than a 
                State to which clause (i) applies, all agencies 
                of the State government with authority to 
                require the prevention or treatment of the 
                sources of coastal recreation water pollution; 
                and
          [(6)] (7) measures for the posting of signs at 
        beaches or similar 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)] (8) 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[.];
          (9) a publicly accessible and searchable global 
        information system database with information updated 
        within 24 hours of its availability, organized by beach 
        or similar point of access and with defined standards, 
        sampling plans, monitoring protocols, sampling results, 
        and number and cause of closures and advisory days;
          (10) measures for the immediate posting of signs at 
        beaches or similar points of access that are sufficient 
        to give public notice following the results of any 
        water quality sample that demonstrates an exceeding of 
        applicable water quality standards for pathogens and 
        pathogen indicators for the coastal recreation waters 
        adjacent to such beaches or similar points of access; 
        and
          (11) measures to ensure that closures or advisories 
        are made or issued within 24 hours after the State 
        government determines that any coastal recreation 
        waters in the State are not meeting applicable water 
        quality standards for pathogens and pathogen 
        indicators.

           *       *       *       *       *       *       *

  (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) after the last day of the 3-year 
        period beginning on the date on which the Administrator 
        lists waters in the State under subsection (g)(1)(B), 
        the Administrator shall conduct a monitoring and 
        notification program for the listed waters based on a 
        priority ranking established by the Administrator using 
        funds appropriated for grants under subsection (i)--
                  [(1)] (A) to conduct monitoring and 
                notification; and
                  [(2)] (B) for related salaries, expenses, and 
                travel.
          (2) Compliance review.--On or before July 31 of each 
        calendar year beginning after the date of enactment of 
        this paragraph, the Administrator shall--
                  (A) prepare a written assessment of 
                compliance with all statutory and regulatory 
                requirements of this section for each State and 
                local government and of compliance with 
                conditions of each grant made under this 
                section to a State or local government;
                  (B) notify the State or local government of 
                such assessment; and
                  (C) make each of the assessments available to 
                the public in a searchable database on or 
                before December 31 of such calendar year.
          (3) Corrective action.--Any State or local government 
        that the Administrator notifies under paragraph (2) 
        that it is not in compliance with any requirement or 
        grant condition described in paragraph (2) shall take 
        such action as may be necessary to comply with such 
        requirement or condition within one year of the date of 
        the notification. If the State or local government is 
        not in compliance with such requirement or condition 
        within one year of such date, any grants made under 
        subsection (b) to the State or local government, after 
        the last day of such one-year period and while the 
        State or local government is not in compliance with all 
        requirements and grant conditions described in 
        paragraph (2), shall have a Federal share of not to 
        exceed 50 percent.
          (4) GAO review.--Not later than December 31 of the 
        third calendar year beginning after the date of 
        enactment of this paragraph, the Comptroller General 
        shall conduct a review of the activities of the 
        Administrator under paragraphs (2) and (3) during the 
        first and second calendar years beginning after such 
        date of enactment and submit to Congress a report on 
        the results of such review.
  (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] 
$40,000,000 for each of fiscal years 2008 through 2012.

           *       *       *       *       *       *       *


TITLE V--GENERAL PROVISIONS

           *       *       *       *       *       *       *


                          GENERAL DEFINITIONS

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

           *       *       *       *       *       *       *

          (25) Rapid testing method.--The term ``rapid testing 
        method'' means a method of testing the water quality of 
        coastal recreation waters for which results are 
        available as soon as practicable and not more than 6 
        hours after a water quality sample is received by the 
        testing facility.

           *       *       *       *       *       *       *

                              ----------                              


BEACHES ENVIRONMENTAL ASSESSMENT AND COASTAL HEALTH ACT OF 2000

           *       *       *       *       *       *       *


SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to carry out the 
provisions of this Act, including the amendments made by this 
Act, for which amounts are not otherwise specifically 
authorized to be appropriated, such sums as are necessary for 
each of fiscal years 2001 through [2005] 2012.

                                  
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