[House Report 116-36]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-36
======================================================================
LOCAL WATER PROTECTION ACT
_______
April 8, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. DeFazio, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 1331]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 1331) to amend the Federal Water
Pollution Control Act to reauthorize certain programs relating
to nonpoint source management, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 4
Performance Goals and Objectives................................. 5
Duplication of Federal Programs.................................. 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 5
Preemption Clarification......................................... 5
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 6
Purpose of Legislation
The purpose of H.R. 1331 is to amend the Federal Water
Pollution Control Act, commonly known as the Clean Water Act,
to reauthorize Federal appropriations for the nonpoint source
management grants program, administered by the U.S.
Environmental Protection Agency (EPA).
Background and Need for Legislation
H.R. 1331, introduced by Ms. Craig and Mr. Mast, is
bipartisan legislation to reauthorize federal appropriations
for the nonpoint source management grants program under section
319 of the Clean Water Act, administered by the EPA.
Nonpoint source water pollution, unlike pollution from
industrial and sewage treatment plants, comes from many diffuse
sources, including runoff from farms, managed forests, and
urban areas. This runoff can carry pollutants, such as
fertilizers and sediment, toxins from abandoned mines, and oils
and heavy metals from roads, into lakes, rivers, and other
bodies of water.
The Clean Water Act was enacted in 1972 to restore and
maintain the chemical, physical, and biological integrity of
the nation's waters. In 1987, the Clean Water Act was amended
(Pub. L. 100-4) to add section 319 to create a non-regulatory
program through which the EPA administers annual grants to help
states develop and implement their own programs for managing
nonpoint sources of water pollution. Under the EPA's section
319 program, states retain the primary role for addressing
nonpoint source water pollution, which they do largely through
voluntary means and financial incentives. However, according to
a Governmental Accountability Office report (GAO-16-697R), the
extent of available incentives has declined in recent years, as
grants to states under the section 319 program have declined by
more than 30 percent, from about $240 million annually in
fiscal year 2004 to about $160 million in fiscal year 2014.
The section 319 program was initially authorized at $70
million annually in fiscal year 1988, and its authorization
level steadily increased to $130 million in fiscal year 1991--
the last year of authorization for this program. Since that
time, the section 319 program has been authorized through the
annual appropriations bill for the EPA. In fiscal year 2019,
the section 319 program received a federal appropriation of
$170.9 million (Pub. L. 116-6).
H.R. 1331 authorizes $200 million annually for the section
319 program through 2024.
Hearings
Pursuant to section 103(i) of H. Res. 6, 116th Cong.
(2019), the Subcommittee on Water Resources and Environment
held the following hearing to develop or consider subjects
related to matters contained in H.R. 1331.
On March 7, 2019, the Subcommittee held a hearing entitled
``The Clean Water State Revolving Fund: How Federal
Infrastructure Investment Can Help Communities Modernize Water
Infrastructure and Address Affordability Challenges'' that,
among other things, highlighted the importance of the EPA's
section 319 program in addressing nonpoint sources of pollution
from both urban and agricultural sources.
Legislative History and Consideration
On February 25, 2019, Ms. Craig and Mr. Mast introduced
H.R. 1331. The bill was referred to the Committee on
Transportation and Infrastructure, and within the Committee,
H.R. 1331 was referred to the Subcommittee on Water Resources
and Environment.
On March 27, 2019, the Subcommittee on Water Resources and
Environment was discharged from further consideration of H.R.
1331.
The Committee met on March 27, 2019, to consider H.R. 1331,
and ordered the bill, without amendment, reported favorably to
the House by voice vote, with a quorum present.
Committee Votes
Clause 3(b) of rule XIII of the Rules 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 consideration of H.R. 1331.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
The Subcommittee on Water Resources and Environment
requested two recent studies by the U.S. Government
Accountability Office (GAO) related to implementation of the
EPA's section 319 program. In the first study, requested by
former Subcommittee Ranking Member, Tim Bishop (D-NY), entitled
``Nonpoint Source Water Pollution: Greater Oversight and
Additional Data Needed for Key EPA Water Program'' (GAO-12-
335), GAO recommended, among other things, that the EPA provide
319 specific guidance to its regional offices on how they are
to fulfill their oversight responsibilities, and that the U.S.
Department of Agriculture analyze data to determine if measures
were taken to mitigate water quality impacts in section 319
program areas.
In the second report, requested by former Subcommittee
Chairman, Bob Gibbs (R-OH), entitled ``Environmental Protection
Agency: Status of Efforts to Address Nonpoint Source Water
Pollution through the Section 319 Program'' (GAO-16-697R), GAO
re-examined EPA's implementation of the 319 program, in light
of its recommendations in its 2012 report. The GAO concluded
that it was ``encouraged that EPA has taken, and continues to
take, actions to reform the section 319 program, but we
continue to believe that the agency should fully implement our
recommendations [contained in the 2012 GAO report].''
New Budget Authority and Tax Expenditures
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.
Congressional Budget Office Cost Estimate
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. 1331 from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 5, 2019.
Hon. Peter A. DeFazio,
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. 1331, the Federal
Water Pollution Control Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Stephen
Rabent.
Sincerely,
Keith Hall,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Under current law, states are required to submit reports to
the Environmental Protection Agency (EPA) regarding nonpoint
sources of pollution that affect navigable water within the
state. They also must submit plans to EPA to manage that
pollution and improve the quality of navigable water. EPA
provides grants to assist states in implementing programs to
manage nonpoint source pollution and in carrying out other
activities to protect groundwater quality. In 2018, $167
million was appropriated for those purposes.
H.R. 1331 would authorize the appropriation of $200 million
each year over the 2020-2024 period for those grant programs.
Assuming appropriation of the specified amounts, CBO estimates
that implementing the bill would cost $810 million over the
2020-2024 period and $190 million after 2024 (see Table 1). The
costs of the legislation fall in budget function 300 (natural
resources and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1331
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
-------------------------------------------------------
2019-
2019 2020 2021 2022 2023 2024 2024
----------------------------------------------------------------------------------------------------------------
Authorization........................................... 0 200 200 200 200 200 1,000
Estimated Outlays....................................... 0 30 180 200 200 200 810
----------------------------------------------------------------------------------------------------------------
The CBO staff contact for this estimate is Stephen Rabent.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of H.R. 1331 is to assist States
and communities in funding State, regional, and local efforts
to address nonpoint sources of water pollution.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1331 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with clause 9 of rule XXI of the Rules of the
House of Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule
XXI.
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 (Pub. L. 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 finds that H.R. 1331 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 were created by this
legislation.
Applicability to 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 (Pub. L. 104-
1).
Section-by-Section Analysis of the Legislation
Sec. 1. Short title
This section provides that this bill may be cited as the
``Local Water Protection Act.''
Sec. 2. Nonpoint source management programs
This section authorizes $200 million annually in federal
appropriations for the Clean Water Act section 319 program
through 2024.
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, and existing law in which no
change is proposed is shown in roman):
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, and existing law in which no
change is proposed is shown in roman):
FEDERAL WATER POLLUTION CONTROL ACT
* * * * * * *
TITLE III--STANDARDS AND ENFORCEMENT
* * * * * * *
SEC. 319. NONPOINT SOURCE MANAGEMENT PROGRAMS.
(a) State Assessment Reports.--
(1) Contents.--The Governor of each State shall,
after notice and opportunity for public comment,
prepare and submit to the Administrator for approval, a
report which--
(A) identifies those navigable waters within
the State which, without additional action to
control nonpoint sources of pollution, cannot
reasonably be expected to attain or maintain
applicable water quality standards or the goals
and requirements of this Act;
(B) identifies those categories and
subcategories of nonpoint sources or, where
appropriate, particular nonpoint sources which
add significant pollution to each portion of
the navigable waters identified under
subparagraph (A) in amounts which contribute to
such portion not meeting such water quality
standards or such goals and requirements;
(C) describes the process, including
intergovernmental coordination and public
participation, for identifying best management
practices and measures to control each category
and subcategory of nonpoint sources and, where
appropriate, particular nonpoint sources
identified under subparagraph (B) and to
reduce, to the maximum extent practicable, the
level of pollution resulting from such
category, subcategory, or source; and
(D) identifies and describes State and local
programs for controlling pollution added from
nonpoint sources to, and improving the quality
of, each such portion of the navigable waters,
including but not limited to those programs
which are receiving Federal assistance under
subsections (h) and (i).
(2) Information used in preparation.--In developing
the report required by this section, the State (A) may
rely upon information developed pursuant to sections
208, 303(e), 304(f), 305(b), and 314, and other
information as appropriate, and (B) may utilize
appropriate elements of the waste treatment management
plans developed pursuant to sections 208(b) and 303, to
the extent such elements are consistent with and
fulfill the requirements of this section.
(b) State Management Programs.--
(1) In general.--The Governor of each State, for that
State or in combination with adjacent States, shall,
after notice and opportunity for public comment,
prepare and submit to the Administrator for approval a
management program which such State proposes to
implement in the first four fiscal years beginning
after the date of submission of such management program
for controlling pollution added from nonpoint sources
to the navigable waters within the State and improving
the quality of such waters.
(2) Specific contents.--Each management program
proposed for implementation under this subsection shall
include each of the following:
(A) An identification of the best management
practices and measures which will be undertaken
to reduce pollutant loadings resulting from
each category, subcategory, or particular
nonpoint source designated under paragraph
(1)(B), taking into account the impact of the
practice on ground water quality.
(B) An identification of programs (including,
as appropriate, nonregulatory or regulatory
programs for enforcement, technical assistance,
financial assistance, education, training,
technology transfer, and demonstration
projects) to achieve implementation of the best
management practices by the categories,
subcategories, and particular nonpoint sources
designated under subparagraph (A).
(C) A schedule containing annual milestones
for (i) utilization of the program
implementation methods identified in
subparagraph (B), and (ii) implementation of
the best management practices identified in
subparagraph (A) by the categories,
subcategories, or particular nonpoint sources
designated under paragraph (1)(B). Such
schedule shall provide for utilization of the
best management practices at the earliest
practicable date.
(D) A certification of the attorney general
of the State or States (or the chief attorney
of any State water pollution control agency
which has independent legal counsel) that the
laws of the State or States, as the case may
be, provide adequate authority to implement
such management program or, if there is not
such adequate authority, a list of such
additional authorities as will be necessary to
implement such management program. A schedule
and commitment by the State or States to seek
such additional authorities as expeditiously as
practicable.
(E) Sources of Federal and other assistance
and funding (other than assistance provided
under subsections (h) and (i)) which will be
available in each of such fiscal years for
supporting implementation of such practices and
measures and the purposes for which such
assistance will be used in each of such fiscal
years.
(F) An identification of Federal financial
assistance programs and Federal development
projects for which the State will review
individual assistance applications or
development projects for their effect on water
quality pursuant to the procedures set forth in
Executive Order 12372 as in effect on September
17, 1983, to determine whether such assistance
applications or development projects would be
consistent with the program prepared under this
subsection; for the purposes of this
subparagraph, identification shall not be
limited to the assistance programs or
development projects subject to Executive Order
12372 but may include any programs listed in
the most recent Catalog of Federal Domestic
Assistance which may have an effect on the
purposes and objectives of the State's nonpoint
source pollution management program.
(3) Utilization of local and private experts.--In
developing and implementing a management program under
this subsection, a State shall, to the maximum extent
practicable, involve local public and private agencies
and organizations which have expertise in control of
nonpoint sources of pollution.
(4) Development on watershed basis.--A State shall,
to the maximum extent practicable, develop and
implement a management program under this subsection on
a watershed-by-watershed basis within such State.
(c) Administrative Provisions.--
(1) Cooperation requirement.--Any report required by
subsection (a) and any management program and report
required by subsection (b) shall be developed in
cooperation with local, substate regional, and
interstate entities which are actively planning for the
implementation of nonpoint source pollution controls
and have either been certified by the Administrator in
accordance with section 208, have worked jointly with
the State on water quality management planning under
section 205(j), or have been designated by the State
legislative body or Governor as water quality
management planning agencies for their geographic
areas.
(2) Time period for submission of reports and
management programs.--Each report and management
program shall be submitted to the Administrator during
the 18-month period beginning on the date of the
enactment of this section.
(d) Approval or Disapproval of Reports and Management
Programs.--
(1) Deadline.--Subject to paragraph (2), not later
than 180 days after the date of submission to the
Administrator of any report or management program under
this section (other than subsections (h), (i), and
(k)), the Administrator shall either approve or
disapprove such report or management program, as the
case may be. The Administrator may approve a portion of
a management program under this subsection. If the
Administrator does not disapprove a report, management
program, or portion of a management program in such
180-day period, such report, management program, or
portion shall be deemed approved for purposes of this
section.
(2) Procedure for disapproval.--If, after notice and
opportunity for public comment and consultation with
appropriate Federal and State agencies and other
interested persons, the Administrator determines that--
(A) the proposed management program or any
portion thereof does not meet the requirements
of subsection (b)(2) of this section or is not
likely to satisfy, in whole or in part, the
goals and requirements of this Act;
(B) adequate authority does not exist, or
adequate resources are not available, to
implement such program or portion;
(C) the schedule for implementing such
program or portion is not sufficiently
expeditious; or
(D) the practices and measures proposed in
such program or portion are not adequate to
reduce the level of pollution in navigable
waters in the State resulting from nonpoint
sources and to improve the quality of navigable
waters in the State;
the Administrator shall within 6 months of the receipt
of the proposed program notify the State of any
revisions or modifications necessary to obtain
approval. The State shall thereupon have an additional
3 months to submit its revised management program and
the Administrator shall approve or disapprove such
revised program within three months of receipt.
(3) Failure of state to submit report.--If a Governor
of a State does not submit the report required by
subsection (a) within the period specified by
subsection (c)(2), the Administrator shall, within 30
months after the date of the enactment of this section,
prepare a report for such State which makes the
identifications required by paragraphs (1)(A) and
(1)(B) of subsection (a). Upon completion of the
requirement of the preceding sentence and after notice
and opportunity for comment, the Administrator shall
report to Congress on his actions pursuant to this
section.
(e) Local Management Programs; Technical Assistance.--If a
State fails to submit a management program under subsection (b)
or the Administrator does not approve such a management
program, a local public agency or organization which has
expertise in, and authority to, control water pollution
resulting from nonpoint sources in any area of such State which
the Administrator determines is of sufficient geographic size
may, with approval of such State, request the Administrator to
provide, and the Administrator shall provide, technical
assistance to such agency or organization in developing for
such area a management program which is described in subsection
(b) and can be approved pursuant to subsection (d). After
development of such management program, such agency or
organization shall submit such management program to the
Administrator for approval. If the Administrator approves such
management program, such agency or organization shall be
eligible to receive financial assistance under subsection (h)
for implementation of such management program as if such agency
or organization were a State for which a report submitted under
subsection (a) and a management program submitted under
subsection (b) were approved under this section. Such financial
assistance shall be subject to the same terms and conditions as
assistance provided to a State under subsection (h).
(f) Technical Assistance for State.--Upon request of a State,
the Administrator may provide technical assistance to such
State in developing a management program approved under
subsection (b) for those portions of the navigable waters
requested by such State.
(g) Interstate Management Conference.--
(1) Convening of conference; notification; purpose.--
If any portion of the navigable waters in any State
which is implementing a management program approved
under this section is not meeting applicable water
quality standards or the goals and requirements of this
Act as a result, in whole or in part, of pollution from
nonpoint sources in another State, such State may
petition the Administrator to convene, and the
Administrator shall convene, a management conference of
all States which contribute significant pollution
resulting from nonpoint sources to such portion. If, on
the basis of information available, the Administrator
determines that a State is not meeting applicable water
quality standards or the goals and requirements of this
Act as a result, in whole or in part, of significant
pollution from nonpoint sources in another State, the
Administrator shall notify such States. The
Administrator may convene a management conference under
this paragraph not later than 180 days after giving
such notification, whether or not the State which is
not meeting such standards requests such conference.
The purpose of such conference shall be to develop an
agreement among such States to reduce the level of
pollution in such portion resulting from nonpoint
sources and to improve the water quality of such
portion. Nothing in such agreement shall supersede or
abrogate rights to quantities of water which have been
established by interstate water compacts, Supreme Court
decrees, or State water laws. This subsection shall not
apply to any pollution which is subject to the Colorado
River Basin Salinity Control Act. The requirement that
the Administrator convene a management conference shall
not be subject to the provisions of section 505 of this
Act.
(2) State management program requirement.--To the
extent that the States reach agreement through such
conference, the management programs of the States which
are parties to such agreements and which contribute
significant pollution to the navigable waters or
portions thereof not meeting applicable water quality
standards or goals and requirements of this Act will be
revised to reflect such agreement. Such management
programs shall be consistent with Federal and State
law.
(h) Grant Program.--
(1) Grants for implementation of management
programs.--Upon application of a State for which a
report submitted under subsection (a) and a management
program submitted under subsection (b) is approved
under this section, the Administrator shall make
grants, subject to such terms and conditions as the
Administrator considers appropriate, under this
subsection to such State for the purpose of assisting
the State in implementing such management program.
Funds reserved pursuant to section 205(j)(5) of this
Act may be used to develop and implement such
management program.
(2) Applications.--An application for a grant under
this subsection in any fiscal year shall be in such
form and shall contain such other information as the
Administrator may require, including an identification
and description of the best management practices and
measures which the State proposes to assist, encourage,
or require in such year with the Federal assistance to
be provided under the grant.
(3) Federal share.--The Federal share of the cost of
each management program implemented with Federal
assistance under this subsection in any fiscal year
shall not exceed 60 percent of the cost incurred by the
State in implementing such management program and shall
be made on condition that the non-Federal share is
provided from non-Federal sources.
(4) Limitation on grant amounts.--Notwithstanding any
other provision of this subsection, not more than 15
percent of the amount appropriated to carry out this
subsection may be used to make grants to any one State,
including any grants to any local public agency or
organization with authority to control pollution from
nonpoint sources in any area of such State.
(5) Priority for effective mechanisms.--For each
fiscal year beginning after September 30, 1987, the
Administrator may give priority in making grants under
this subsection, and shall give consideration in
determining the Federal share of any such grant, to
States which have implemented or are proposing to
implement management programs which will--
(A) control particularly difficult or serious
nonpoint source pollution problems, including,
but not limited to, problems resulting from
mining activities;
(B) implement innovative methods or practices
for controlling nonpoint sources of pollution,
including regulatory programs where the
Administrator deems appropriate;
(C) control interstate nonpoint source
pollution problems; or
(D) carry out ground water quality protection
activities which the Administrator determines
are part of a comprehensive nonpoint source
pollution control program, including research,
planning, ground water assessments,
demonstration programs, enforcement, technical
assistance, education, and training to protect
ground water quality from nonpoint sources of
pollution.
(6) Availability for obligation.--The funds granted
to each State pursuant to this subsection in a fiscal
year shall remain available for obligation by such
State for the fiscal year for which appropriated. The
amount of any such funds not obligated by the end of
such fiscal year shall be available to the
Administrator for granting to other States under this
subsection in the next fiscal year.
(7) Limitation on use of funds.--States may use funds
from grants made pursuant to this section for financial
assistance to persons only to the extent that such
assistance is related to the costs of demonstration
projects.
(8) Satisfactory progress.--No grant may be made
under this subsection in any fiscal year to a State
which in the preceding fiscal year received a grant
under this subsection unless the Administrator
determines that such State made satisfactory progress
in such preceding fiscal year in meeting the schedule
specified by such State under subsection (b)(2).
(9) Maintenance of effort.--No grant may be made to a
State under this subsection in any fiscal year unless
such State enters into such agreements with the
Administrator as the Administrator may require to
ensure that such State will maintain its aggregate
expenditures from all other sources for programs for
controlling pollution added to the navigable waters in
such State from nonpoint sources and improving the
quality of such waters at or above the average level of
such expenditures in its two fiscal years preceding the
date of enactment of this subsection.
(10) Request for information.--The Administrator may
request such information, data, and reports as he
considers necessary to make the determination of
continuing eligibility for grants under this section.
(11) Reporting and other requirements.--Each State
shall report to the Administrator on an annual basis
concerning (A) its progress in meeting the schedule of
milestones submitted pursuant to subsection (b)(2)(C)
of this section, and (B) to the extent that appropriate
information is available, reductions in nonpoint source
pollutant loading and improvements in water quality for
those navigable waters or watersheds within the State
which were identified pursuant to subsection (a)(1)(A)
of this section resulting from implementation of the
management program.
(12) Limitation on administrative costs.--For
purposes of this subsection, administrative costs in
the form of salaries, overhead, or indirect costs for
services provided and charged against activities and
programs carried out with a grant under this subsection
shall not exceed in any fiscal year 10 percent of the
amount of the grant in such year, except that costs of
implementing enforcement and regulatory activities,
education, training, technical assistance,
demonstration projects, and technology transfer
programs shall not be subject to this limitation.
(i) Grants for Protecting Groundwater Quality.--
(1) Eligible applicants and activities.--Upon
application of a State for which a report submitted
under subsection (a) and a plan submitted under
subsection (b) is approved under this section, the
Administrator shall make grants under this subsection
to such State for the purpose of assisting such State
in carrying out groundwater quality protection
activities which the Administrator determines will
advance the State toward implementation of a
comprehensive nonpoint source pollution control
program. Such activities shall include, but not be
limited to, research, planning, groundwater
assessments, demonstration programs, enforcement,
technical assistance, education and training to protect
the quality of groundwater and to prevent contamination
of groundwater from nonpoint sources of pollution.
(2) Applications.--An application for a grant under
this subsection shall be in such form and shall contain
such information as the Administrator may require.
(3) Federal share; maximum amount.--The Federal share
of the cost of assisting a State in carrying out
groundwater protection activities in any fiscal year
under this subsection shall be 50 percent of the costs
incurred by the State in carrying out such activities,
except that the maximum amount of Federal assistance
which any State may receive under this subsection in
any fiscal year shall not exceed $150,000.
(4) Report.--The Administrator shall include in each
report transmitted under subsection (m) a report on the
activities and programs implemented under this
subsection during the preceding fiscal year.
(j) Authorization of Appropriations.--There is authorized to
be appropriated to carry out [subsections (h) and (i) not to
exceed $70,000,000 for fiscal year 1988, $100,000,000 per
fiscal year for each of fiscal years 1989 and 1990, and
$130,000,000 for fiscal year 1991] subsections (h) and (i)
$200,000,000 for each of fiscal years 2020 through 2024; except
that for each of such fiscal years not to exceed $7,500,000 may
be made available to carry out subsection (i). Sums
appropriated pursuant to this subsection shall remain available
until expended.
(k) Consistency of Other Programs and Projects With
Management Programs.--The Administrator shall transmit to the
Office of Management and Budget and the appropriate Federal
departments and agencies a list of those assistance programs
and development projects identified by each State under
subsection (b)(2)(F) for which individual assistance
applications and projects will be reviewed pursuant to the
procedures set forth in Executive Order 12372 as in effect on
September 17, 1983. Beginning not later than sixty days after
receiving notification by the Administrator, each Federal
department and agency shall modify existing regulations to
allow States to review individual development projects and
assistance applications under the identified Federal assistance
programs and shall accommodate, according to the requirements
and definitions of Executive Order 12372, as in effect on
September 17, 1983, the concerns of the State regarding the
consistency of such applications or projects with the State
nonpoint source pollution management program.
(l) Collection of Information.--The Administrator shall
collect and make available, through publications and other
appropriate means, information pertaining to management
practices and implementation methods, including, but not
limited to, (1) information concerning the costs and relative
efficiencies of best management practices for reducing nonpoint
source pollution; and (2) available data concerning the
relationship between water quality and implementation of
various management practices to control nonpoint sources of
pollution.
(m) Reports of Administrator.--
(1) Annual reports.--Not later than January 1, 1988,
and each January 1 thereafter, the Administrator shall
transmit to the Committee on Public Works and
Transportation of the House of Representatives and the
Committee on Environment and Public Works of the
Senate, a report for the preceding fiscal year on the
activities and programs implemented under this section
and the progress made in reducing pollution in the
navigable waters resulting from nonpoint sources and
improving the quality of such waters.
(2) Final report.--Not later than January 1, 1990,
the Administrator shall transmit to Congress a final
report on the activities carried out under this
section. Such report, at a minimum, shall--
(A) describe the management programs being
implemented by the States by types and amount
of affected navigable waters, categories and
subcategories of nonpoint sources, and types of
best management practices being implemented;
(B) describe the experiences of the States in
adhering to schedules and implementing best
management practices;
(C) describe the amount and purpose of grants
awarded pursuant to subsections (h) and (i) of
this section;
(D) identify, to the extent that information
is available, the progress made in reducing
pollutant loads and improving water quality in
the navigable waters;
(E) indicate what further actions need to be
taken to attain and maintain in those navigable
waters (i) applicable water quality standards,
and (ii) the goals and requirements of this
Act;
(F) include recommendations of the
Administrator concerning future programs
(including enforcement programs) for
controlling pollution from nonpoint sources;
and
(G) identify the activities and programs of
departments, agencies, and instrumentalities of
the United States which are inconsistent with
the management programs submitted by the States
and recommend modifications so that such
activities and programs are consistent with and
assist the States in implementation of such
management programs.
(n) Set Aside for Administrative Personnel.--Not less than 5
percent of the funds appropriated pursuant to subsection (j)
for any fiscal year shall be available to the Administrator to
maintain personnel levels at the Environmental Protection
Agency at levels which are adequate to carry out this section
in such year.
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